Business Law Day Before Tomorrow Chapter 1 (bendiks quizlet + added terms

Law

A body of enforceable rules governing relationships among individuals and between individuals and their society

Primary Source of Law

A document that establishes a law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

Secondary Source of Law

A publication that summarizes or interprets the law, such as the legal encyclopedia, a legal treatise, or an article in a law review

Constitutional Law

Body of law derived from the US Constitution and constitutions of various states

Statutory Law

Body of law enacted by legislative bodies

Statute

A written law passed by a legislative body

Citation

A reference to a publication in which a legal authority—such as a statute or a court decision—or other source can be found

Ordinance

A regulation enacted by a city or county legislative body that becomes part of that state's statutory law

Uniform Commercial Code

A model law created by the National Conference Commissioners on Uniform State Laws fr the states to consider enacting into statute

Administrative Law

A body of law made by government agencies in order to carry out their duties and responsibilities.

Administrative Agency

A federal, state, or local government unit established to perform a specific function. Are created and authorized by legislative bodies to administer and enforce specific laws such as creating rules for protecting the environment

Adjudicate

To render a judicial decision. Is the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency's regulations

Case Law

The rules of law announced in court decisions. It interprets statute, regulations, constitutional provisions, and other case law

Common Law

Body of law evolving from custom or judicial decisions in English and US courts, not attributable to a legislature.

Precedent

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Stare Decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Remedy

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

Plaintiff

One who initiates a lawsuit.

Defendant

One whom the lawsuit is brought against, or the accused person in a criminal hearing

Jurisprudence

Philosophy or science of law

Natural Law

A doctrine that the legal system should reflect universal (higher) moral and ethical principles that are inherent in human nature. The oldest school of legal thought.

Legal Positivism

A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.

Historical School

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

Legal Realism

Based on the idea that law is just one factor in considered when deciding cases and that social and economic circumstances should also be taken into account

Civil Law

Body of law dealing with the definition and enforcement of private and public rights, as opposed to criminal matters

Civil Law System

A system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.

Criminal Law

A law that defines and punishes wrongful actions against the public order.

Hadley v Baxendale

Loss must be reasonably foreseeable at the time the contract was entered into. Time of essence

Specific Performance

An equitable remedy requiring the breaching party to perform as promised under the contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property).

Nominal Damages

A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.

Comparative Negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

UCC (Uniform Commercial Code)

contracts for sale of goods, tangible items of personal property of over $500 must be in writing

assumption of risk doctrine

a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury

Heart of Atlanta Motel v. US

Commerce Clause power allows Congress to eliminate acts of private discrimination

Dormant Commerce Clause

restriction on states' authority to pass laws that substantially affect interstate commerce (lack of authority)

Granholm v. Heald

The Court ruled that laws in New York and Michigan that permitted in-state wineries to ship wine directly to consumers, but prohibited out-of-state wineries from doing the same are unconstitutional.

Commerce Clause (Article 1, Section 8)

Congress can regulate trade between nations, between states, and among Indian tribes. (authority)

Criminal Burden

Beyond a reasonable doubt

Reasonable Doubt

When a factfinder cannot say with moral certainty that a person is guilty or a particular fact exists

Civil Burden

By a preponderance of evidence

Preponderance of evidence

an amount of evidence that is enough to persuade you that the claim is more likely true than not true

Tort

A civil wrong that occurs when a person's actions or omission cause harm to another person or their property

Positive Law

Legal rules enacted by people in a political community or governing body - law of the land

Defamation

a false statement is communicated to a third party, damaging the reputation of the person or entity - spoken as truth - publication requirement

Libel

A social media post spreading a false rumor about a person stealing a computer - spoken as truth

Slander

While at a corporate conference, a CEO talks to a group of people about the CFO of committing a crime, when, in reality, no crime has been committed

Per Se

In tort law, a statutory violation is negligence - the act alone supports a claim of liability

Content Neutral

They regulate the circumstances under which speech can take place, rather than limiting any particular type of speech

Narrowly Tailored

Legal principle that means a law or policy is written to achieve a specific goal while minimizing restrictions on other areas

Justice

The system of law that ensures people are treated fairly and impartially

Gibbons v Ogden

Held that the power to regulate interstate commerce, which is granted to the US Congress by the Commerce Clause of the US Constitution, encompasses the power to regulate navigation

Sociological School

How laws affect society and whether they solve social problems
Real world impact of the law

Miranda Warning

Have to be read before custodial interrogations

4th Amendment

Protects against unreasonable search & seizure

5th Amendment

Protection against self-incrimination

6th Amendment

Right to legal counsel
Speedy trial, impartial jury

8th Amendment

Prohibits excessive bail, unfair punishment

Ex Post Facto Law

Prohibited-
Protects people from unjust or oppressive government actions
Ensures that individuals are given fair warning of changes in the law

Central Hudson Test

Lawful Activity: commercial speech truthful and related to lawful activities
Substantial government interest
Direct advancement of that interest
Narrowly Tailored

Not protected by Central Hudson Test

False, misleading, or related to illegal activity

Puffery

Harmless exaggeration (allowed)