Business Law Chapter 1, 4, 5

Constitutional Law

law that is based on the US Constitution and the constitutions of various states

Statutory law

Laws passed by congress, state legislatures, and local governments

Ordinances

regulations passed by a local governing unit such as a city or a county

Statutory Conflicts

 tension may sometimes arise between federal, state, and local news

Uniform laws

a model law created by the national conference of commissioner on uniform state laws for states to consider adopting…is a state adopts the law, it becomes statutory law in that state 

Administrative Law

the body of law created by administrative agencies in order to carry out their duties and responsibilities

Executive agency

An administrative agency within the executive branch of government. US Foods / Drug Administration, president can appoint and remove agency head 

Independent regulatory agency

An administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president.

Case law

he rules of law announced in court decisions, judge made law

Common Law

 Because of our colonial heritage, much of American law is based on the English legal system.

Defendant

party being suedlainP

Plaintiff

suing party

Stare decisis

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

Persuasive Authority

legal authorities that a court may consult for guidance but that are not binding on the court 

Personal Jurisdiction-

residing in a certain state = personal jurisdiction from the state 

Federal Question

a question that pertains to the US Constitution, acts of Congress, or treaties 

Diversity of Citizenship

Under Article III, Section 2, of the Constitution, a basis for federal court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or different states, or (3) citizens of a state and citizens or subjects of a foreign country.

 State courts may include

• rial courts of limited jurisdiction

• Trial courts of general jurisdiction

• Appellate courts (intermediate appellate courts)

• The state’s highest court (often called the state supreme court)

Federal courts

The federal court system is basically a three-tiered model consisting of: U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction

State Litigation

The process of resolving a dispute through the court system

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.