business law p1

Arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider

Mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Lemon Test (Lemon v. Kurtzman)

Three tests are described for deciding whether the government is improperly involved with religion. 1) Has a secular purpose. 2) Its primary effect neither advances nor inhibits religion. 3) It does not foster an excessive government entanglement with religion.

bill of rights

The first ten amendments to the Constitution

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.

case law

The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

civil law

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

commerce clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Dormant Commerce Clause

restriction on states' authority to pass laws that substantially affect interstate commerce

criminal law

Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.

Granholm v. Heald (2005)

state law regulating out of state wine shipments is unconstitutional because it places a discriminatory burden on interstate commerce

commercial speech

Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.

Bad Frog Brewery

-Company had a label with its middle finger up

-NY said they had substantial interest in protecting children from vulgarity

-Ruled interfernce with Bad Frog's commerical speech was unconstitutional

jurisprudence

science/philosophy of law

law

a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society

Heart of Atlanta Motel v. US

1964

*A motel operator refused to serve a customer

*The Supreme Court upheld the Civil Rights Act of 1964, which outlawed discrimination in schools, places of work, voting sites, public accommodations, and public areas

plaintiff

one who begins a lawsuit

prosecutor

a person, especially a public official, who institutes legal proceedings against someone.

precedent

something preceding in time which may be used as an authority or guide for future action; V. precede; CF. unprecedented

primary source of law

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

remedy

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

stare decisis

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

statute of limitations

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

Criminal Burden of Proof

beyond a reasonable doubt

natural law

System of moral and ethical principles that are inherent in human nature

law with no justice

System of moral and ethical principles that are inherent in human nature

legal positivism

No such thing as "natural rights" laws exist only because a national government dictates them to be obeyed

positive law

written law of the land

landmark

outcome of a legal case that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue.

Civil Burden of Proof

by a preponderance of the evidence

Nominal Damages

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

Contributory Negligence

A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.