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 Matter Jurisdiction- power to hear a case

Summary judgment-no issue at hand, entitled to judgment

Summons- notifies defendant they are being sued

Trial court-not limited to jurisdiction

Venue-where a case can be heard

14th amendment- equal protection clause

1st amendment-freedom of speech

4th amendment- protects unreasonable invasion of privacy

5th amendment- no depriving of life, liberty, property w/o due process

6th amendment-right to a speedy trial, impartial jury

8th amendment- forbids cruel and unusual punishment

Commerce Clause- interstate commerce, supreme court applies to regulations

Commercial speech- restricted if used to advance or restrict achieving interest, or gov't interest

Due process- to deprive of life, liberty or property

Enumerated power-conditions of congresses power

Full strict scrutiny-necessary to fulfill gov't purpose

Government action-distinguish between gov't action and private action

Independent Checks-constitutional limits on federal and states

Intermediate scrutiny-sex discrimination test

Judicial Review- actions of gov't bodies unconstitutional

Means end tests- no constitutional right is absolute

Police power- state