Legal Environment of Business - Chapter 1

precedent

Judges decide cases based on previous rulings

The Constitution does three things

1. Establishes the national government of three branches

2. Creates checks & balances

3. Guarantees the basic rights of the American people.

Legilature

gives the ability to create new laws

Congress: Senate: 100; House of Reps: 435

Executive

Authority to enforce laws

- President

Judicial

Right to interpret laws and determine validity

- Supreme Court

Amendments

Basic Liberties

Statues

ability to pass laws on various subjects

Common Law

apply rules from other cases

Stare Decisis

let decision stand

Court Orders

to place obligations on specific people or businesses

Administrative law

government agencies created by congress

Treaties

agreement between two or more sovereigns countries

Classifications

classify law types

Criminal Law

concerns behavior so threatening that society outlaws it altogether

Civil Law

regulates the rights and duties between parties

Law Positivism

recognized political power whom citizens obey. "law is law"

Natural Law

unjust law is no law

Fundamental rule of law

"Good is that which all things seek after"

Legal Realism

They claim what is written is law doesn't matter

What counts is who enforces it and by process it is enforced.

Plantiff

person who is suing

Defendant

person being sued

Facts

provides background

Issue

tells you what the court decided, why you are reading

Holding

statement of who wins & loses

Rationale

reasoning behind the decision

Remand

sends the case back down to lower court

Affirm

leaves the case unchanged