Business law

law

a body or rules of action or conduct prescribed by controlling authority and having legal binding force

jurisprudence

the science and philosophy of law

what are the purpose of law

-provide for some system of order that defines rules of conduct and levies punishment for the violation of those rules

-Method for resolving disputes

-important catalyst for commerce by promoting good faith dealing among merchants and consumers

-gives some degree of reliability in applying the law evenly so that the law can be considered in business planning and commercial transactions

Noncompliance

openly disregarding or flouting the law

What is value creation “legal competitive advantage”

Involves using law creatively and strategically not only to minimize costs and risks but also to create new sources of value as well as generate new streams or revenue. Acknowledges that law can often be a source of competitive advantage

what is constitutional law

the foundation for all other law in the US and is the supreme law of the land

What does constitutional law do

-it establishes a structure for federal and state governments settling rules for amending the constitution and granting specific enumerated powers to the different branches of government
- establishes the concept of federalism, allowing the federal and state governments shared powers.
- establishes individual civil rights and provides procedural protections for us citizens from wrongful government actions

permanence

the constitution reflects the basic principles of a particular society and should be amended only in extraordinary cases and only when a majority of its constituents agree over a certain period

preemption

constitutional law is supreme over all other sources of law such as federal and state statutes, treaties, and common law

statutes

written laws that are passed by the federal or state legislature and then either approved or rejected byt the executive branch

ordinances

written laws at the local level (generally, regulate issues such as zoning or impose health and safety regulations)

common law

law made by the courts

US common law is deeply rooted in _____ that has developed over several centuries

British common law

doctrine of stare decisis

principle that similar cases with similar facts and issues should have the same judicial outcomes.
-allows individuals and businesses to have some degree of confidence that the law will remain reasonably constant from year to year and court to court

what is one of the most important concepts in American law

doctrine of stare decisis

What are some problems with precedent

it does not allow for evolving societal standards of behavior or expectations & on a case-by-case basis; courts sometimes justify departing from precedent on the basis that technological or societal changes render a particular precedent unworkable

what are the levels of American law

constitutional law, statutory law, common law, administrative law

What is administrative law

source of law that regulates the exercise of authority by government agencies

what is constitutional law at the federal and state level

federal- US constitution
state- their own state constitution

statutory law at the federal and state level

federal- statutes written by the federal legislature
state- statutes are written by each states legislature

common law at the federal and state level

Federal- laws made by federal judges

State- laws made by state judges

administrative law at the federal and state level

Federal- environmental protection agency makes a rule about the environment

State- Mississippi’s alcoholic beverage control makes a rule about liquor licenses

what is civil law

designed to compensate parties for losses resulting from another’s conduct

what is criminal law

Designed to protect society, and the violation of criminal laws results in penalties to the violator such as fines or jail time

Federal law systems

the US is a federal system in which the national government in Washington, DC coexists with state government in each state

the constitution grants ____ to federal government

Limited powers

How is the federal government limited

the powers must be specifically granted by the US consitution

what can state governments do

Retain the inherent power to protect the health, safety, and general welfare of their citizenry

what are the functions of the constitution

Establishes a structure for the federal government; it creates 3 coequal branches; provides procedural protections to citizens, persons, and business firms

what is systems of checks and balances

Method of dividing power among the three coequal branches

What are the first 10 amendments called

the bill of rights

Article 1- congressional powers

gives powers to the legislature to write laws called statutes and power to tax and spend government money

Article 2- executive powers

gives power to executive branch; president is head of the federal executive branch, president is commander-in-chief of armed forces, executive branch can carry out laws made by legislature

Article 3- judicial branch

gives power to the judicial branch; courts decide cases and courts have the power of judicial review

what is judicial review

the notion that courts have the right to invalidate laws that are inconsistent with the US constitution in some way

what is the first amendment

contains the important introductory phrase “congress shall make no law” and the articulates several specific protections against government encroachment in the areas of religion, press, speech, assembly, and petition of grievances

what are the limits on free speech

courts have ruled that the government may place reasonable restrictions on the time, place, and manner of political expression in cases

what are the 4 types of speech that are not protected

unsafe speech, obscenity, defamation, and false advertising

Unsafe speech

if speech could harm the public safety

obscenity

Something offensive or disgusting

defamation

The act of communicating false statements about a person that injures the reputation of that person

what are the 2 types of defamation

libel

Slander

libel

Written defamation

slander

oral defamation

what is false advertising

untrue or misleading information given to you to get you to buy something

what is the fourth amendment

protects people from unreasonable search and seizures by the government

what makes a search and seizure reasonable

A warrant

What is a warrant

A document issued by a judge authorizing the police to make an arrest or search an area

How do you obtain a warrant

government must demonstrate probable cause to a judge that the proposed search and seizure is justified under the law

What is probable cause

means there are reasonable grounds

what is exclusionary rule

Any evidence obtained in violation of the fourth amendment may be excluded from evidence in a criminal prosecution

What are some exceptions to the fourth amendment

consensual searches, exigencies circumstances, and plain view exception

What are consensual searches

searcher conducted by law enforcement after obtaining after obtaining voluntary consent

What is existent circumstances

Something that requires immediate attention

what is plain view exception

Allows law enforcement to seize evidence found in plain view during a lawful

Although not explicitly mentioned in the constitution, the ______ plays a central role in constitutional law

Right to privacy

what does the Health Insurance Portability and Accountability Act (HIPAA) do

regulates health care providers, health plans, and plan administrators in gathering, storing, and disclosing medical information about individuals and requires the specific policies and record-keeping practices be used to ensure the privacy of any medical information, such as diagnoses, tests, and medication

the US system of government is a “federal” system- it recognizes two distinct levels of government ___ and ___

States and federal

What do state courts do

adjudicate cases arising under state statutes, state common law, or state constitutional law

all 50 states have 2 types of courts: _______

state trial courts and state appellate courts

What is a plaintiff

May initiate in a trial court a civil action or lawsuit against the alleged wrongdoer

What is a defendant

When one party alleges a breach of a legal duty or a violation of a legal right

State trial courts are often divided into

civil cases and court cases

Courts that hear civil cases

in which one party seeks a remedy (such as an award of money damages) for a private wrong committed by another party

Courts that hear criminal cases

in which the accused party is charged by the government of committing a crime

What is a party

A person who takes part in legal transaction

what are damages

money a person is entitled to after another party causes them harm

what is a private wrong

a civil injury affecting an individual, but not the community

What is an example of a civil case

A breaches a contract with B. A didn’t commit a crime, but he did do something wrong, so B can sue A for the breach

What is an example of a criminal cases

A assaults B. The government can prosecute A for a crime, and he could go to jail

What is the difference between a civil and a criminal case

Civil is when people are suing each other and criminal is when someone is being prosecuted for a crime

what is a state appellate

primarily concerned with reviewing the decision of trial court

what does the state appellate court do

review lower courts transcripts and rulings, read briefs, and sometimes allowing the attorneys to engage in oral argument

the ______ decision is final and binding on all courts situated in that state on all issues involving state law

state supreme court’s

What is precedent

stare decision; judges must rule the same way they have in preceding/earlier cases

What is writ of certiorari

when a appellate court decides to review a case as its own discretion

What are Mississippi’s 2 types of trial courts

circuit and chancery

What is a chancery

hears only civil matters and only certain subjects

what are the subjects that a chancery court hears

land, child custody issues, divorces, wills/estates, commitments for: mental health, drugs, and alcohol

what is a circuit court

handles most civil matters for the country, all felony crimes and appeals from the 2 lower courts in MS: justice and municipal

What is a felony

a crime punishable for more than one year

what is a misdemeanor

a less serious crime punishable for less than one year

what is the justice court

Hears civil cases where the amount is controversy is $35,000 or less and all the misdemeanor cases committed in the county

explain amount of controversy

the amount at stake in a civil lawsuit

In the justice court, charges are brought by

the sheriffs department, wildlife and fisheries, Mississippi highway patrol, alcoholic beverage control and Mississippi state university

What is a municipal court

hears all misdemeanors cases committed in the city, does not hear any civil cases, and every city in Mississippi has one

In municipal court, charges are brought by

the city police department

what are federal laws primarily concerned with

National laws, federal constitutional issues, and other cases outside the purview of state courts

The ____ is the ultimate arbiter of federal law

US supreme court

the principal trial courts are

US district courts

Arbiter

the final decision maker

There are ___ federal courts of appeal

13

For a state or federal court to have the legal authority to hear a case

The court must have jurisdiction over the dispute and parties in the case, and proper venue must also be established

What is Jurisdiction

a courts authority to decide a particular case based on: who the parties are; or where the property is located and the subject matter of the dispute

what is an personal/personal jurisdiction

the courts authority over the parties involved in the dispute

how is in personal/personal jurisdiction determined

the place the defendant’s residence or the place where important activities

explain “where the property is located”

aka in rem jurisdiction/property

what is rem jurisdiction

when the court may exercise jurisdiction over property located within it jurisdictional boundaries

give an example of “the place of the defendant residence” for a in personal/personal jurisdiction

A lives in Lowndes county. B lives in Oktibbeha county. A and B have a car wreck in Clay county. A sues B. Personal jurisdiction would be in Oktibbeha county because that is where the defendant lives

What is subject matter jurisdiction

a court’s authority over a dispute between the parties