Legal Environment of Business BADM 350 Exa,

Black Hills State University BADM 350 with Dr. Susna Dana. Created: 2023. Most of this quizlet is from Quizlet: https://quizlet.com/13263687/exam-1-legal-environment-of-business-flash-cards/

Law

A body of enforcable rules governing relationships between individuals and between individuals and society

Functions of a Law

Protection, Social Order, & Social Justice

Substantive Law

Sets out rights and duties

Procedural Law

Sets the substantive law into action

Constitution

Covers US and all states, all other laws based off of this....

Administrative Law

The government grants rule making authority to agencies to carry out their purpose

Statues

Are written laws created by legislation bodies

Precedent

Not mandatory, court should follow a prior case when deciding a similar case

Stare Decisis

Mandatory; Court must follow a prior case when deciding a present case if

- Facts are the same

- Law is the same

- the prior case comes from a higher court to the same geographic jurisdication

Mediation

Parties try and negotiate a compromise solution with the help of a netural third party member.

Arbitration

A netural third party or panel of arbitrators hears and decides a dispute

Jurisdiction

The power and authority of a court to hear and decide a dispute

Litigate

To resolve a dispute in court

Plaintiff

A wronged party who brings a civil lawsuit (there is none in a criminal case)

Defendant

Person against whom a civil or criminal action is brought

Trial Court

Where the initial fact finding occurs either by judge or jury

Motion

A request to a court to do or not do something

Verdict

A final decision in a trial court

Appellate Court

After trial, a higher court that reviews a lower court's actions to determine if the lower court committed legal errors.

Appellant

The party who files an appeal

Appellee

The party against whom an appeal is filed

Brief

A written argument presented to a court by a party to the case

Cause of Action

Legal basis for bringing a civil or criminal suit

Tort

A civil wrong or injury

Contract

A legally binding agreement between two or more legal entities

Defense

A legal reason why the plaintiff (in civil) or the prosecutor (in criminal) should not win at trial

Felony

A crime punishable by one year or more in jail/prison

Misdemeanor

A crime punishable by one year or less in jail/prison

Jurisdiction

The power of a court to hear and decide a case

Personal Jurisdiction

Based upon geography. Where the individual defendant personally resides or where the defendant business is located

Jurisdiction over Property

A court has jurisdiction over a case if it involves property located in that state

Venue

The legally appropriate place for a trial within a jurisdiction

Standing

A party must have a sufficient legal, tangible, personal, and real interest in a lawsuit in order to be a party thereto

Justiciable Controversy

Controversery or dispute must be real, actual , and substantial

Writ Of Certiorari

How the vast majority of cases reach the Georgia or U.S. supreme courts

Natural Law

Based upon moral/ethical principles inherent in human nature, (murder rate = same)

Affirm

An agree with lower court, no legal error

Reverse

A disagree with lower court, there was legal error

Remand

Send case back to lower courts for futher action

Long-Arm Statute

This gives a state jurisdiction over a non-resident defendant if that defendant has "minimum contacts" with that state

Administrative Agency

A federal, state, or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.

Jurisprudence

the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do

Laches

The equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.

Court of Equity

A court that decides controversies and administers justice according to the rules, principles, and precedents of equity.

case law

(civil law) a law established by following earlier judicial decisions

cyberlaw

An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.

remedy

A judicial order enforcing a right or redressing a wrong.

ordinance

A command or order; a law or regulation, especially by a city government

reporter

A publication in which court cases are published, or reported.

legal reasoning

The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases.

syllogism

a three-part deductive argument in which a conclusion is based on a major premise and a minor premise ("All men are mortal; Socrates is a man; therefore, Socrates is mortal.")

equitable maxims

General propositions or principles of law that have to do with fairness (equity).

historical school

A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be.

sociological school

A school of legal thought that views the law as a tool for promoting justice in society.

case on point

A previous case involving factual circumstances and issues that are similar to the case before the court.

chancellor

An adviser to the king at the time of the early king's courts of England. Individuals petitioned the king for relief when they could not obtain an adequate remedy in a court of law, and these petitions were decided by the chancellor.

binding authority

Any source of law that a court must follow when deciding a case. These include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

remedy in equity

A remedy allowed by courts in situations where remedies at law are not appropriate. Based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation.

public policy

the course of action the government takes in response to an issue or problem

citation

(law) the act of citing (as of spoken words or written passages or legal precedents etc.)

legal realism

Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs

opinion

the reason for a court's judgment (as opposed to the decision itself)

independent regulatory agency

a government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest. It also judges disputes over these rules.

analogy

A similarity or comparison between two different cases or the relationship between them. Can explain

something unfamiliar by associating it with or pointing out its similarity to something more familiar.

Constitutional Law

law as expressed in these constitutions.

The federal government and the states…

have separate written constitutions that set forth the general organization, powers, and limits of their respective governments.

U.S. Constitution is…

the Constitution is the supreme law of the land.

The Tenth Amendment to the U.S. Constitution does what?

Reserves to the states all powers not granted to the federal government.

Statutory Law

laws enacted by legislative bodies at any level of government make up the body of law known.

Ordinances

regulations passed by municipal or county governing units to deal with matters not covered by federal or state law.

What is commonly have to do with city or county land use (zoning ordinances), building and safety codes, and other matters affecting the local community.

Ordinances.

Each state has the option of adopting or rejecting a…

Uniform Law

The Uniform Commercial Code

facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions.

Administrative Law

consists of the rules, orders, and decisions of administrative agencies.

executive agencies

are subject to the authority of the president, who has the power to appoint and remove their officers.

independent regulatory agencies

The president’s power is less pronounced in regard to independent agencies, whose officers serve for fixed terms and cannot be removed without just cause.

State and Local Agencies

administrative agencies at the state and local levels and is created as a parallel to a federal agency.

Common Law …

governs all areas not covered by statutory law or administrative law

courts of law

The courts that awarded this compensation became

remedies at law are

normally takes the form of monetary damages

Monetary Damages

Damages are compensation given to an injured party by a liable party (in a lawsuit)

Courts of Equity

When individuals could not obtain an adequate remedy in a court of law, they petitioned for a relief.

Equity

is a branch of law—founded on notions of justice and fair dealing—that seeks to supply a remedy when no adequate remedy at law is available.

equitable maxims

serve as a set of general principles or rules which are said to govern the way in which equity

equitable doctrine of laches

A legal defense that bars a claim or right if the plaintiff unreasonably delays initiating legal action and this causes prejudice to the defendant.

Precedent is

a decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.

Cases of first impression are when

the courts must decide cases for which no precedents exist

What governs only areas not covered by statutory or administrative law.

Common Law.

natural law theory

a higher, or universal, law exists that applies to all human beings.

The orgins of human rights…

natural law theory (dating back to Greece- Aristotle)

Legal Realism

the idea that law is just one of many institutions in society and that it is shaped by social forces and needs.

Kit loses her suit against Lou in a U.S. District Court located in Minnesota.  If Kit makes the decision to appeal she would appeal to which court? 

United State Supreme Court

The South Dakota trial courts that have general subject matter jurisdiction are called …

Circuit Courts

When both federal and state courts have the power to hear a case__________ jurisdiction exists

concurrent

The United States Supreme Court consists of ______ justices. 

nine

An Injunction is…

an equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts.