BUS LAW Chapter 1

Constitutions

can be federal or state,

establish governmental structure, specific

rights and duties

Statutes

enacted by legislative body to

regulate conduct

Common Law

Made and applied by judges

as they decide cases according to the

doctrine of precedent or stare decisis (let the

decision stand)

Equity is applied by ______.

state judges to achieve justice when common law rules would produce unfair results

Injunction

court forbids a party to do some act

or orders a party to perform an act

Specific performance: party is ordered to

perform according to contract terms

Reformation

court rewrites contract to reflect

intention of parties

Rescission

cancellation of the contract

Administrative Regulations & Decisions

made by state and federal agencies that were created by statute and hold delegated (granted) power.

Treaties

made with other nations, by the U.S. president on behalf of the nation, approved

(ratified) by the U.S. Senate

Ordinances

made by subunits of state governments

(e.g., counties, cities) for local issues, such as zoning

Executive Order:

issued by the U.S. President or a state governor under limited powers

Example Executive Orders Disposition Tables Index

Criminal Law

Law under which the government prosecutes someone for committing a crime

Civil Law

mainly concerns obligation that private parties owe to each other

Law applied when one private party sues another

the Govt. may also be a party to a civil case.

Ex. city may sue or be sued by a construction contractor

Substantive Law

Sets the rights and duties of people as they act in society

Ex. a statute making murder a crime

Procedural Law

Controls the behavior of government bodies (mainly courts) as they establish and enforce rules of substantive Law.

Ex. The rules describing the proper conduct of a trial

Public Law

Concerns the powers of government and the relation between government and private parties.

Ex. Constitutional law, administrative law, criminal law

Private Law

establishes a framework of legal rules that enables parties to set the rights and duties they owe each other.

Ex. rules of contract, property, and agency

Constitution have two function: Set up the structure of government for the political unit they control ___.

(state or the federal government). Involves creating the branches and subdivisions o f the government and stating the powers given and denied to each.

Through its separation of powers, the U.S Constitution establishes ______.

the Congress and gives it power to make law in certain areas, provides for a chief executive (the president) whose function is to execute or enforce the laws, and helps create a federal judiciary to interpret the laws.

The U.S Constitution also structures the relationship between the _____ .

federal government and the states

In the process of the U.S Constitution structure in relationship, it respects ______.

principal of federalism by recognizing the states’ power to make law in certain areas.

Constitution have two function: Prevent the government from taking certain actions or passing certain laws.

Constitution mainly by prohibiting government action that restricts certain individual rights.

Ex. The Bill of Rights to the U.S. Constitution

Uniform acts

model statutes drafted by private bodies of lawyer and scholars

They do not become law until a legislature enacts them

Their aim is to produce state-by-state uniformity on the subjects they address

Ex. Uniform Commercial Code, Revised Uniform Partner ship Act, Revised Model Business Corporation Act

Common Law

law made and applied by judges as they decide cases not governed by statutes or other types of law.

Exist only at the state level - Both states courts and federal courts become involved in applying it

originated in medieval England and developed from the decision of judges in settling disputes.

Precedent

A past judicial decision relied on as authority In a present case

Over time judges began to follow the decisions of other judges in similar cases.

This practice became formalized in the doctrine of stare decisis (let the decision stand)

Stare decisis is not completely ____.

rigid in its requirement of adherence to precedent

It is flexible enough to allow the common Law to evolve to meet changing social conditions.

The common law rules in force today

______ therefore, often different considerably from the common law rules of earlier times.

Common law

Also called judge-made law or case law

Reason for the rise of administrative agencies was____.

The collection of social and economic problems created by the industrialization of the United States that began late in the 19th century.

Legislatures generally lacked the time and expertise to deal with these problems on a continuing bases, the creation of specialized, expert agencies was almost inevitable.

Administrative agencies established by_____.

Congress and the state legislatures have acquired considerable power importance and influence over business

delegation (or grant) of power from the legislature

Administrative agencies obtain the ability to make law through a ______.

Agencies

Normally crated by a statute that specifics the areas in which the agency can make law and the scope of its power in each area.