Business Law Honors Study Guide

First test

Jurisdiction

the power to decide a case

Statutes

law enacted by state or federal legislatures

Ordinances

legislation enacted by a town or city council that are only effective within the boundary of the local government that enacted them

Regulations

set of authoritative rules or requirements, often created by government

How is federal case law created? By whom?

created by the federal judiciary, through written/published opinions of judges and justices in the Supreme Court

Consequence-based ethical reasoning

evaluates the moral worth of a proposed action by forecasting the consequences of that action and alternatives to it

Rule-based ethical reasoning

acts are either right or wrong; cannot justify an act based on the consequences

Stage 1 in the Growth of Law

individuals are free to take revenge for wrongs done to them

Stage 2 in the Growth of Law

a leader requires enough power to be able to force revenge - minded individuals to accept an award of goods or money instead

Stage 3 in the Growth of Law

the leader gives this power to a system of courts

Stage 4 in the Growth of Law

the leader or central authority acts to protect and punish wrongs that provide individuals to seek revenge

How do Constitutions allocate powers between people and their government?

by establishing a limited government framework, and defining specific roles for branches such as the legislative, executive, and judicial branches (separation of powers and checks and balances)

Jury

a panel of citizens to interpret the region’s customs for the court

Precedent

using prior cases as a guide for deciding similar cases

Civil disobedience

open, peaceful violation of law to protest their alleged or supposed injustice (ex: MLK Jr.)

Civil rights

personal, natural rights of the individual

Peripheral rights

rights that aren't specifically mentioned in the constitution, but are implied

Impeachment

criminal proceedings against a government official for misconduct in office

Bill of Rights

first 10 amendments in the U.S. Constitution

First amendment

protects freedom, speech, religion, press, assembly, and petition

Second amendment

protects the right to keep and bare arms

Third amendment

prevents forcing homeowners to house soldiers

Fourth amendment

bans unreasonable searches and seizures; requires warrants

Fifth amendment

guarantees rights to due process, protects against self incrimination and double jeopardy

Sixth amendment

ensures the right to a speedy, public trial by jury in criminal cases

Seventh amendment

guarantees a jury trial in certain civil cases

Eighth amendment

prohibits excessive bail and cruel and unusual punishment

Ninth amendment

protects rights not specifically listed in the Constitution

Tenth amendment

reserves powers not given to the federal government to the states or the people

Thirteenth amendment

abolition of slavery

15th, 19th, 24th, and 26th amendments

are all tied to voting rights

Fourteenth amendment

grants citizenship to all born or naturalized in the U.S; has equal protection of the laws

Eighteenth amendment

prohibition of alcohol

Twenty-first amendment

repealed the 18th amendment, legalizing alcohol production and selling

Due process amendments

5th amendment