Summer Class - BUSI 2301 CH 1-8

Sources of Law

Our law flows from the U.S. Constitution, state constitutions, federal and state statutes, and local ordinances. Additional sources include administrative regulations and case law.

Precedent and Stare Decisis

Precedent is a court decision that stands as the law for similar future cases. The doctrine of stare decisis (“let the decision stand”) is the principle that courts should follow these established precedents.

Common Law

These are time-honored, unwritten principles originally based on the customs of the community, many of which originated in England.

Substantive vs. Procedural Law

Substantive law creates and defines legal rights and liabilities (e.g., what constitutes a contract). Procedural law specifies the steps that must be followed to enforce those rights (e.g., how to file a lawsuit).

Jurisdiction

The authority of a court to hear a case.

Jurisdiction (original)

• The authority to hear a case when it is first brought to court (trial courts).

Jurisdiction (General)

• Broad authority to hear most general civil and criminal cases.

Jurisdiction (limited)

• Authority to hear only specific types of cases, such as bankruptcy, tax, juvenile, or probate courts.

Jurisdiction (Appellate)

• The power to review the work of a lower court to determine if a reversible error occurred.

Federal Court System

• Includes Federal District Courts (general trial level), U.S. Courts of Appeals (intermediate appellate level), and the U.S. Supreme Court.

Alternative Dispute Resolution (Mediation)

•  A neutral third party acts as a messenger to help parties reach a settlement but has no power to decide the case.

Alternative Dispute Resolution (Abitration)

• Disinterested experts hear evidence and make a binding decision.