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Business Law Chapter 1
Test 1
64
Business
Undergraduate 2
03/30/2011

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Term
Sources of law in this country
Definition
U.S. Constitution, state constitutions, fed and state statutes, ordinances, admin agency rules and regulations, exec. orders, and judicial decisions by fed and state courts
Term
law
Definition
a body of rules of actio or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences.
Term
Functions of law
Definition
keeping the peace, shaping moral standards, promoting social justice, maintainging the status quo, facilitating orderly change, facilitating planning, providing a basis for compromise, maximizing indivudual freedom
Term
One of the main attributes of law is..Example
Definition
Flexibility. Brown v. Board of Education because it overturned the seperate but equal doctrine
Term
An unfair case
Definition
Standefer v. US- the SC affirmed the criminal conviction of a Gulf Oil Cororation executive for aiding and abetting the bribery of an Internal Revenue Service agent. The agent had been acquitted in a separate trial.
Term
Explain Ashcroft, Attorney General vs. The Free Speech Coalition
Definition
In 1996 Congress enacted the Child Pornography Prevention Act (CPPA) that prohibits any visual depiction incuding any photograph, film, video, picture, or computer generated image or picture that is or appears to be of a minor engaging in sexually explicit conduct. First time offender - 15 years. Second time offender-up to 30 years. The Free Speech Coalition sued US saying that this violated their freedom of speech and decided that it indeed did violate their freedom of speech.
Term
Roe Vs. Wade
Definition
gave women right to have an abortion
Term
Jurisprudence
Definition
the philosophy or science of law
Term
Name the 7 schools of law
Definition

natural law school, historical school, analytical school, sociological school, command school, critical legal studies school, and law and economics school

 

Term
The Natural Law School
Definition
Law is based on what is correct. It emphasizes a moral theory of law -- that is, law should be based on morality and ethics.
Term
Documents reflecting Natural Law School Theory
Definition
U.S. Constitution, magna carta, united nations charter
Term
Historical School
Definition
believes that law is an aggregate of social traditions and customs-- law is an evolutionary process
Term
Analytical School
Definition
Law is shaped by logic/ the emphasis is on the logic of the result rather than on how the result is reached
Term
Sociological School
Definition
Realists/ law is a means of achieving and advancing certain sociological goals/ purpose of law is to shape social behavior
Term
Command School
Definition
law is a set of rules developed, communicated, and enforced by the ruling party-- changes when ruling class changes
Term
Critical Legal Studies School
Definition
legal rules are unnecessary and legal disputes should be solved by applying arbitrary rules based on fairness
Term
law and Economics School
Definition
believes that promoting market efficiency should be the central concern of legal decision making
Term
Common Law
Definition
law developed by judges who issed their opinions whne deciding a case...precedents for later judges deciding similiar cases
Term
English common law is divided into cases decided by what three courts
Definition
law courts, equity courts, and merchant courts
Term
Law Court
Definition
emphasized form over substance and only relief available was a monetary award for damages
Term
Court of Chancery (equity court)
Definition
inquired into the merits of the case rather than legal procedures...based on fairness..court of chancery took precedence over the legal decisions and remedies of the law courts
Term
Merchant courts
Definition
seperate court established to administer the law of merchants
Term
what does louisiana base its law on
Definition
civil law
Term
Romana-Germanic civil law system
Definition
commonly called the civil law
Term
Constitution of USA
Definition
supreme law of the land...living document bc so adaptable
Term
US Constitution created three branches of gov and gave them what powers
Definition

legislative(Congress)-power to enact law

executive(president)-power to enforce law

judicial(courts)-power to interpret and determine the validity of the law

Term
treaties
Definition
compact made bt two or more nations...president enters them with advice and consent of the Senate...become supreme law of the land
Term
Statute
Definition
written law enacted by legislature brand of fed and state that establishes certain courses of conduct taht must be adhered to by covered parties
Term
Federal Statutes include what?
Definition
Regulates foreign and interstate commerce..antitrust laws, securities laws, bankruptcy laws, labor laws, equal employment opportunity laws, environmental protection laws, consumer protection laws...
Term
State Statutes include
Definition
corporation laws, partnership laws, workers compensation laws, uniform commercial code
Term
Ordinances
Definition
enacted by local government such as traffic laws, local building codes, zoning laws..
Term
stare decisis
Definition
to stand by the decision
Term
Grutter v. Bollinger and the University of Michigan Law School
Definition
Grutter is a Caucasian law student who applied to the law school of the University of Michigan in 1996 with a 3.8 undergrad GPA and LSAT score of 161 and was rejected. Law school used race as one of the factors in considering applicants for admission to law school...race gave you a plus factor. Grutter claimed this violated the Equal Protection Clause of the 14th Amendment to the US Constitution. The DC held that it did violate the EPC. It was appealed. It decided that the University was narrowly tailored and in the end the SC held that the Law school's admissions policy did not violate the EPC of the 14th amendment of the US Constitution.
Term
Gratz V. Bollinger and the regents of the University of Michigan
Definition
not narrowly tailored because of the point system
Term
critical legal thinking
Definition
the process of specifying the issue presented by a case, identifying the key facts in the case and applicable law, and then applying the law to the facts to come to a conclusion that answers the issue presented
Term
plaintiff
Definition
party who originally  brought the lawsuit
Term
defendant
Definition
party against whom the lawsuit has been brought
Term
Petitioner
Definition
FEDERAL: party who has appealed the decision of the trial court or lower court
Term
Appellant
Definition
STATE: the party who has appealed the decision of the trial court or lower court
Term
Respondent
Definition
FEDERAL: the party who must answer the petitioner's appeal
Term
Appellee
Definition
STATE: party who must answer the petitioner's appeal
Term
law is split into two categories
Definition
private and public
Term
Public Law
Definition
constitutional law, criminal law, and administrative law
Term
Private law
Definition
Individuals acting on individuals...torts, contract, and property...usually suing, money..
Term
Constitution
Definition
basis of law that protects you
Term
Senate
Definition
2 per state...confirmatory body- line share of important decision making so every state has an equal chance
Term
House of Represenatives
Definition
depends on population
Term
What do you need to override the President?
Definition
2/3 super majority
Term
Who determines whether or not bill is actually passed?
Definition
judicial
Term
How many levels does the Judicial Branch consist of?
Definition
3- district, intermediate appellate, and Supreme Court
Term
Difference in judge and justice
Definition
judge is elected. justice is appointed by the president with the advice and consent of the senate. Judge serves a term A justice is appoitned for life. There are 9 justices..odd so that a tie is not easy.
Term
Criminal Law
Definition
state reps person and society as a whole
Term
Civil Law
Definition
Green Back Poltus...has to do with monetary matters
Term
Difference in statute and ordinance
Definition

statute: federal law

ordinance: state law

Term
Administrative Law
Definition

1933/34 Securities Act-Created SEC(Securities and Exchange Comission): Congress creates a law and gives and administrative law agency to govern it

 

has own court system

 

4th branch of government

Term
Tort
Definition

civil wrong as opposed to criminal wrong or breach of contract

 

intentional tort, negligence tort, and strict liability

Term
In negligence tort what must you prove?
Definition

1. D owes P a legal duty

2. D breached the duty

3. Injury to P

4. Causation of Fact

5. Proximate Cause

Term
Strict Liability
Definition

1. Abnormally Dangerous Activities

2. Products Liability 

Term
Contracts
Definition
agreement that is legally enforceable
Term

5 requirements for a valid contract

 

Definition

1. offer

2. acceptance

3. capacity: Both parties have legal capicity to enter into a contract

4. consideration: thing of value received for making promise

5. lawful purpose: can't be illegal

Term
How many states go by common law?
Definition
49/50...Louisiana goes by civil law
Term
A criminal case seeks? A civil case seeks?
Definition

1. punishment

2. money

Term
injunction
Definition
order from court directed towards someone to stop something
Term
pro se
Definition
defend themselves
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