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FINAL EXAM 1
FINAL BUS
| Term | Definition |
|---|---|
| Affirmative Defense | admit to the facts of the complaint, but claim there is no liability |
| Arbitration | neutral 3rd party renders a legally binding decision |
| Case Law | Also know as common law Doctrines is a body of judge made law based on doctrines and principles announced in court cases governs all areas of law not covered by statutory or administrative law |
| Civil Law | defines the rights between individuals or individuals and governments |
| The Commerce Clause | gives congress the power to regulate interstate commerce between nations and states and indian tribes |
| discovery | process by which parties obtain information from the opposing party prior to trial |
| Establishment Clause | prohibits government from establishing a state sponsor religion |
| Federal Question | rights or obligations of a party are created or defined by some federal law |
| Motion For JNOV | after the verdict, granted only if the jury's verdict was unreasonable and bias |
| Patriot Act | after 9/11 created to provide info to prevent further attacks |
| Plaintiff | party initiating a law suit |
| privileges and immunities clause | prevents state from imposing unreasonable burdens on citizens of another state |
| Question of Law | concerns the application of the law (judge determines) |
| Sarbanes Oxley Act | requires companies to set up a confidential system so that employees or others can report suspected illegal or unethical behavior |
| Stakeholder Approach | corporations have a duty not only to shareholders but other groups affected by corporate actions |
| Statutory Law | laws enacted by legislative bodies such as congress or state legislatures |
| Supremacy Clause | in case of direct conflict between state and federal law, state is invalid |
| Unitarianism | action is ethical based on whether it produces the greatest good for the greatest number of people |
| Venue | location for the trial |
| Writ of certiorari | order from the court to a lower court requiring or allowing them to send the case for review |
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