Buisness Law Ch 1-6 Notes
By: Max • Essay • 1,023 Words • March 9, 2010 • 1,068 Views
Buisness Law Ch 1-6 Notes
Administrative law-agency rules to enforce statutes: IRS
Administrative regulations-legally binding from agencies
Case law reasoning- application of common law
Case law reasoning-precedents
Civil law- obligation one party owes another
Common law-case law; not codified or written
Criminal Law-law against crimes
Declaratory judgment- determining rights before controversy
Equity Court- when common law would be unfair
Executive orders-limited power for executive officers in gov't
Federal Supremacy-federal is supreme over all other laws
Federalism-states power to make laws
Injunction-court order forbidding an action
Jurisprudence-philosophy and collection of laws
Legal positivism- command of a recognized political authority
Legal reasoning- deduction of law implementation
Natural law-universal morals between all humans
Ordinance-enactments by counties or municipalities
Precedents-following other judges decisions through stare decisis
Private law-regulation of conduct between parties
Procedural Law-controls the way laws are enforced in courts
Public law-concerns powers between gov't and society
Reformation-court rewrites contract to reflect actual intentions
Rescission-court cancellation of contract
Separation of powers-Legislative :Makes Laws; Executive: enforces; Judicial: interprets
Specific performance-court order to uphold contractual agreement
Stare decisis- let the decision stand
Statute-enacted by legislature; regulates conduct
Statutory interpretation-interpreting statutes
Substantive law- sets the rights and duties in society
Treaties-made by president with 2/3 senate and a foreign country
Uniform acts-model statues by lawyers; not law until enacted by legislature
Actual damages-$; Punitive-punishing with $ Compensatory-pain, suffering
Affirmative defense-win case in spite of evidence, do to plaintiffs wrongdoing
Alternative dispute Resolution- settlement, arbitration,mediation
Appellate courts-court of appeals, review errors in trial court
Counter Claim-claim against plaintiff, due to matters of the complaint
Courts of Limited Jurisdiction-ex) traffic court
Demurrer-dismissal, no law prohibits claims
Directed verdict-takes the case from the jury
Discovery-request of info. From opposing party =depositions,Interragatories,admissions
Diversity jurisdiction- case between citizens of different states; exceeds 75,000
Federal question jurisdiction-concerns constitution, laws
Forum selection clause- contract depicts where to litigate
In personam jurisdiction-must be resident, or committed crime in boundaries
In rem jurisdiction- property dispute within boundaries
Judgment not withstanding verdict- to win despite jury verdict
Judgment proof-no assets to sue for
Jury trials-instructions on how the verdict will be reached
Motion for a new trial-
Motion for judgment of pleadings-dismissal after pleadings
Motion to dismiss- dismissal of case
Original jurisdiction-US supreme court
Pleadings-documents & evidence stating claims
Subject