BUL3310 Exam 1 FSU Gwen Adkins

Law created...

...duties, obligations, and rights

established legislators...

...establish law

purpose of criminal law...

is to maintain public order, deter criminal behavior, and punish offenders.

Purpose of civil law...

is to resolve disputes between individuals and provide compensation for harm.

Purpose of substantive…

law is to define rights and duties, as well as to regulate behavior and relationships between individuals.

Purpose of public...

is to govern the relationships between individuals and society, ensuring the welfare of the public and enforcing regulations for the common good.

Purpose of private...

is to govern relationships between individuals and organizations, focusing on personal interests and private rights.

legal terms =

specific words or phrases that have particular meanings in the context of the law, used to convey precise legal concepts.

American law brings in language from...

...English, French, and Latin

Black's Law Dictionary

a comprehensive legal dictionary that provides definitions and explanations of legal terms and concepts, widely used by legal professionals.

"Plain Meaning of Words" and "Dictionary Rule"

terms frequently used in court

Functions of law provides...

structure, order, and protection of rights in society.

Functions of law establishes...

rules and standards for behavior, ensuring justice and fairness.

Law trends for businesses...

...increased trade, differences in international trade and property laws, high and strict petalites for noncompliance, increased officer and director liability, major increase in attorney directors

Noncompliance:

one possible legal strategy is an uncertain and competitive environment (Ex: NYC parking for UPS and FedEx) leading to penalties and legal actions.

Avoidance:

a strategy where businesses seek to minimize legal risks by not engaging in certain activities or by complying with laws superficially. This approach often involves steering clear of high-risk areas or situations that could lead to legal repercussions.

Prevention:

a proactive strategy where businesses implement measures to avoid legal issues before they arise, such as compliance programs and training.

Value Creation or Legal Competitive Advantage:

using laws creatively to minimize costs and risks but to advance business opportunities

roles of business legal counsels:

advising on legal compliance, risk management, and representing the company in legal matters.

Constitutional Law:

establishes government structure, provides rights and procedure, grants specific power to governmentand limits governmental authority over individuals.

constitutional law is...

...the supreme law of the land

statutory law:

law enacted as provided by constitutional law, federal statues, state statues, ordinances (local government)

administrative law:

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

common law:

A body of law developed through court decisions and judicial rulings rather than through legislative statutes.

international law:

laws made by treaties among nations that govern such matters as trade, transportation, and human rights

laws that impact businesses:

...negligence, copyright, etc.

remedies:

judicial actions to compensate for civil legal injury

equitable relief:

in addition to money, additional reward by a court to "make a party whole" for damages

remedy at law:

relief that is specified within a statue for courts to enforce in certain legal cases

secondary sources of law:

summarize and clarify the primary sources of law

Latin:

"the issue is settled"

Stare Decisis:

Let the decision stand; decisions are based on precedents from previous cases

courts rarely change precedent unless...

...major circumstances compel a change in the interests of justice and society

law:

body of rules of action

ethics:

set of moral principals or core values defining right and wrong

resolving conflicting issues:

parties sometimes apply ethical norms to resolving issues outside of the legal justice system

justice:

maintaining or administering a system to achieve fairness

Statue "Lady Justice" scales of justice=

considers opposing sides and weighs the merits

Statue "Lady Justice" sword of justice=

enforce her decision

Statue "Lady Justice" blindfolded=

applies law equally

3 elements of justice:

1. law applies equally to all
2. considers opposing sides and weighs the merits with due consideration
3. includes an enforcement mechanism to impose penalties and ensure compliance

principles-based approach:

religion, virtue, natural law, categorial imperative

consequences-based approach:

provide the greatest good for the greatest amount of people

contract-based approach (Rawls):

people negotiate their own ethical rules from behind a "veil of ignorance"

narrow view:

sole duty to maximize business profits, not purse social initiatives, "greed is good"

moderate view:

just follow the law, it's the governments duty to set boundaries

broad view:

good corporate citizenship and a social license to operate, go beyond and think about the community

common traits of effective value management:

establishes a clear vision of ethics and integrity in the organization, management implements ethics and integrity, reward system is based on ethics, and integrity performance, individual responsibility and accountability

ethical decision making:

define the dilemma, identify impact, apply standards, develop choices and discuss, and implement decision and monitor results

how many pages is the constitution?

4 pages

Article 1:

establishes legislative branch

Article 2:

establishes executive branch

Article 3:

Establishes the Judicial Branch

Article 4:

relationship between states and fed government

Article 5:

process of amending the constitution

Article 6:

declares constitution to be supreme law of the land, supremacy clause

Article 7:

requirements for ratification

National Powers...

...maintain military, declare war, establish postal system, set standards for weights and measures, and protect copyrights and patents

state powers...

...establish local governments, set up schools, regulate state commerce, make regulations for marriage, establish and regulate corporations

concurrent powers...

...powers shared by the national and state governments (define crimes and set punishments, establish courts)

commerce clause:

Clause stating that Congress can regulate interstate and international commerce.

negative commerce clause:

states laws must be legit effort to regulate health, safety, and welfare and must not discriminate an undue burden on out of state businesses

federal judges serve for how long?

forever, no retirement age

appointed judges:

Judges selected by appointment, not elected.

elected judges:

Judges chosen through public voting

Marbury vs. Madison:

Established judicial review

Grimshaw vs. Ford:

boy burned after car accident due to a known designed flaw in the Ford Pinto, case in product liability law, demonstrating that manufacturers can be held liable for injuries caused by known design defects

zippo:

Zippo Manufacturing Co. v. Zippo Dot Com, Inc. was a 1997 landmark case that established a legal test for determining jurisdiction over websites that are accessible in a different state

Bill of Rights:

First 10 amendments to the Constitution

amendment 1:

Freedom of Religion, Speech, Press, Assembly, and Petition

amendment 2:

Right to bear arms

amendment 3:

No quartering of soldiers

amendment 4:

No unreasonable searches and seizures

amendment 5:

due process, double jeopardy; self incrimination

amendment 6:

Right to a speedy and public trial

amendment 7:

Right to trial by jury

amendment 8:

No cruel and unusual punishment

amendment 9:

People get rights not listed in Constitution.

amendment 10:

Any rights not given to federal government are given to the states and people (federalism)

due process:

laws cannot be vague, government must provide reasonable notice, "fairness."

categories of due process:

procedural (procedures must be fair) and substantive (must give noticed of the substance)

equal protection:

government must treat all people similarly situated equally

what is "review":

the courts ability to review a law to determine whether it complies with the constitution (Federal Courts - Article III of Marbury vs Madison)

rational basis test:

(used in most tax and business cases) government action advances legitimate state interest, action was related to government objective

intermediate scrutiny test:

government action furthers an important state interest, action is substantially related to government interest, action is reasonable means

strict scrutiny test:

government has a compelling state interest, means are narrowly tailored to meet the objective, action is the least restrictive means to achieve the objective

Amending the constitution steps:

1. proposed by either house of congress
2. passed by 2/3rds vote of both house and senate
3. ratified by 3/4th of the state

originalism:

original intent of the constitution framers, original meaning of the words (do not change)

living constitution:

flexible adaptation of language to meet changes in modern times (change as the world changes)

State Trial Court deals with...

... matters of state constitutions, statues, common law, and local ordinances

Federal Trial Courts deals with...

... matters of federal constitution, states, and administrative agencies

plaintiff:

brings the lawsuit against another party

defendant:

an individual or group being sued or charged with a crime

what two circuit courts does Florida have?

general (in FL called circuit courts) and limited (in FL called county courts) authority

local courts...

... handle minor matters such as small claims, ordinance violations, etc.

how many district courts does Florida have?

6

how many federal circuits in the US?

13

how many county courts in Florida?

67

how many judicial circuits in florida?

20

types of precedent:

court of authority, persuasive, and distinguishable