Bus202

bus202 exam

Law

Rules created by authority (government, courts) that are enforceable. Think Law = rules of the game in society

Primary Authority (binding)

Sources of law that courts must follow.
Ex: Constitutions, statues, regulations, court decisions

Secondary vs persuasive authority

Secondary = not binding, just helpful (textbooks, articles, restatements
Persuasive = comes from another court, not binding but can influence

Stare decisis

“Let the decision stand.” Courts follow past rulings for consistency.

precedent

the actual prior decision a court relies on

PLaintiff/defendant

Plaintiff= brings the case

Defendant= defends against it

Petioner / respondent

Petitioner= asking higher court to review

Respondent= defending the lower court’s ruling

Types of opinions:

Unanimous/ Majority > binding, controlling precedent

Concurring > agree with outcome but for different reasons (not binding)
Dissenting > Disagree entirely (no precedential valu, but persuasive later)

Priority

Ranking of authority. Example: Constitution > statutes > regulations > Common law

State of limitations

Time limit for filing a lawsuit (e.g 2 yrs for a personal injury)

Liability

Legal responsibility

Remedies:
At law (damages)
At equity

At law (damages) = money

At equity = court orders (specific performance, injunction)

Federal form of government

System where power is shared between the national (federal) govt and the states
Example: States control marriage laws, Fed controls immigration

Police power

States power to regulate for health, safety, morals, welfare of people

Example: speed limits, building codes, food safety laws.

Separation of powers / Checks and balances

Legislative makes laws.

Executive enforces laws.
Judicial interprets laws.

Each branch limits the other (checks) so no one dominates.

Preemption

When federal law overrides state law (Because of supremacy clause)

Example: Federal drug labeling law > conflicting state rule.

Probable cause

Reasonable grounds to believe a crime occured or evidence exists needed for warrants (4th amendment)

Sovereignty

States retain independent governing power (within limits of Constitution). Fed Govt = supreme within its scope.

Fundamental right

Core rights (speech, travel, privacy, marriage). Laws restricting them face strict scrutiny in court.

Jurisdiction

Courts Power to hear a case

Two main types:
Subject matter (type of case
Personal (Power over parties)

Concurrent vs exclusive Jurisdiction

Concurrent= Case can be heard in state or federal court

Exclusive = only one court system can hear (e.g, bankruptcy = federal only)

Original vs appellate Jurisdiction

Original = trial course, first time hearing the case, evidence presented.

Appellate = Reviews the court’s decision, no new evidence, looks for legal errors.

Writ of Certiorari

Supreme court order saying “we’ll hear this case.” Very selective

Question of fact vs Question of law

Fact = What actually happened? > jury decides

Law= what does the law mean, how is it applied > judge decides

Service of process

Official delivery of legal documents (like a complaint) to notify a defendant they’re being sued.

Without proper service, court has no jurisdiction.

Meta data

Data about data. In law= hidden info in electronic files (timestamps, edits, location). Important in discovery

Affidavit

Written statement under oath, signed before notary. Used as evidence.

Motion

Request to court for a ruling / order.
Example: Motion to dismiss, motion for summary judgement.

Transcript

Official written record of court proceedings.

Affirm, Remand, Modify (appeals outcomes)

Affirm- uphold trial court decision.

Remand- send case back for more proceedings.

Modify- Change part of decision

Writ of execution

Court order allowing seizure of a losing party’s property to satisfy judgement

American Rule for attorney’s fees

Each party pays their own lawyer unless contract/statute says otherwise. (Exam trap: unlike england’s loser pays” rule.

Ethics

Moral principles guiding right vs wrong behavior.

Law = minimum standards, ethics often go beyond law.

Cost benefit analysis

Weighting pros vs cons (often in utilitarian decision making)

Example: Is the profit worth the environmental harm

Moral minimum

The lowest ethical standard “do no harm.” Comply with the law at a minimum.

Stakeholders

Anyone affected by business decisions (employees, customers, community, environment, shareholders).

Ethical codes

Written standards by companies to guide employees’ behavior. Not law, but enforceable internally.

Treaty

Formal agreement between countries

Example: Paris climate agreement, USMCA

Common law vs Civil law systems

Common law: Judge made law, precedent is very important.

Civil law (France, Germany) Based on written codes/statutes; judges apply the code

Export

Selling goods/services to another country

Comity

One nation defers to and respects the laws/judgement of another, if consistent with its own laws / policy.

Act of State Doctrine

US Courts won’t question the actions of a foreign government within its own borders.

Sovereign Immunity Doctrine

Foreign governments are generally immune from US court jurisdiction unless:
They waive immunity, or

Case involves commercial activities.

Exporpriation vs consfication.

Expropriation= Govt takes private property for public use with fair compensation.

Consfication: Govt takes property without compensation (illegal under intl law)

Quota

Limits on the amount of a product that can be imported/exported

Dumping

Selling goods in another country below market value to undercut competition.

Normal trade relations (NTR) statute

US law requiring all trade partners in the WTO to get the same favorable trade terms (tariffs rates) as the most favored nation.