BAD 301 Exam 1

What is Civil Law? (civil v criminal)

negligence causing injury, suing is for money NOT jail

What is Criminal Law? (civil v criminal)

precedent, theft, or fraud, etc.. going to jail

What branch passes laws?

The Legislative, contains the House of Reps and the Senate.

Congress depends on the “Necessary and Proper Clause”

What is stare decisis?

it requires courts to follow past cases that were similar, and give them the same outcome

What is Statutory law? (stat v administrative v common)

comes from Legislative, made by Congress

What is Administrative law? (stat v admin v common)

comes from Executive, an example includes regulations

What is Common law? (stat v admin v common)

made by the courts, includes stare decisis and precedent: a law established by an existing case

what are the 3 approaches to CSR?

—> Narrow: Milton Friedman, maximize profit

—> Moderate: Government’s job is to establish guidelines, no more/no less.

—> Broad: business should promote ethical, philanthropic, and social responsibilities w/ profit being secondary.

What powers belong to the Federal Government?

• create money

• raise an army

• make foreign policy

• regulating commerce

Concurrent powers? (state and federal)

• collect taxes

• borrow money

• build roads

• make laws

• establish courts

What powers belong to the State?

• Issue permits and licenses

• conduct elections

• establish local government

• regulate commerce in state

What is the Zippo standard?

a standard that courts use to determine if online businesses gives other states power too.

What is Substantive Law? (sub v procedural)

Created rights and duties. The “WHAT”

What is Procedural Law? (sub v procedural)

provides structure to the laws: forms, steps, and timelines. The “HOW”

What is an Executive Order?

A presidential directive addressed to an officer or agency of government.

They aren’t mentioned in the Constitution

Subject Matter Jurisdiction?

The legal power of a court to hear and decide a specific type of case.

Must concern constitutional law or be above $75,000.

Personal Jurisdiction?

A court’s legal power and authority to make a binding decision over a specific person or business involved in a lawsuit

What is Mediation? (med v arb)

parties voluntarily choose whether to agree to an outcome, if no outcome they go back to court

What is Arbitration? (med v arb)

An arbitrator determines the outcome and includes a court reporter.

What is Due Process?

means the government must treat people fairly

two types: substantive and procedural

Substantive: Due Process

laws can’t be vague, overly broad, or arbitrary

Procedural: Due Process

government can’t take life, liberty or property without fair procedures

Burden of proof: Civil vs Criminal?

civil: more likely than not

criminal: beyond a reasonable doubt

Statute?

a formal, written law passed by a legislative body,

Good and Bad CSR

Good: philanthropic, environmental, economic, ethical

Bad: littering, fast fashion

1st Amendment:

freedom of speech, religion, and press.

Applies to government and not private

2nd Amendment:

right to keep and bear arms

4th Amendment:

no unreasonable searches or seizures

5th Amendment:

• No double jeopardy

• due process

• can’t self incriminate

• no taking without just compensation

8th Amendment

excessive bail and fines, cruel and unusual punishments

modern case 1: Dobbs v Jackson

women’s health care, left abortion for the state to decide

modern case 2: Biden v Nebraska

“heroes act”: gave the president power to modify or waive provisions during COVID

ruled executive didn’t have power because Congress makes law

303 Creative v Elenis

1st amendment, argued it violated speech not religion although they claimed it went against their Christian beliefs

Marbury v Madison

The Supreme Court can invalidate a law

Brandenburg v. Ohio

dealt with hate speech, said its okay if it doesnt insinuate violence or unlawfulness

plaintiff:

the one who files the lawsuit

defendant:

the one who receives the lawsuit

pleading:

anything filed in court

complaint:

files the lawsuit

deposition:

oral testimonies

interrogatory:

formal written questions

jury charge:

the judge instructs the jury with law

general sessions/small claims court

trial, typically if you want money you go here

circuit of chancery

trial, de novo session appeals small claims typically

state court of appeals

appellate, very structured and no new evidence is allowed

state supreme court

appellate, no automatic appeal

US district court

trial, the federal trial courts

US circuit court of appeals

appellate, federal courts that review decisions of federal district courts

US Supreme court

final appellate, will sometimes take cases from state supreme court

standing:

the person must have actually suffered direct injuries

request for production:

a request for documents or other evidence

request for admission:

asking the other side to admit that certain facts are true