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Business law

Unit one

QuestionAnswer
Natural law tradition Oldest and most significant schools of legal thought. Those who believe in natural law Woollcott there is a universal law applicable to all human beings.
Legal positivism It's cool of legal talk centered on the assumption that there is no law higher than the laws created by the government.
Historical school A school legal cock stresses the evolutionary nature of law
Legal realism A school of the crockpot, popular during the 1920s and 1930s, that left a lasting imprint on American jurists prudence.
Constitutional law Love as expressed in the US Constitution and Plumeria state constitutions
STATUTORY LAW Laws or ordinances created by federal state and local legislators and governing bodies
Administrative law rules, orders and decisions of federal or state government administrative agencies
Common law Law that originated in medieval England with the creation of the Kings courts, develop of a body of rules that were common to the land
stare decisis A document under which judges follow the rule of precedents and deciding on case
Remedies Remedies at law- money or something else of value.
Remedies in equity Remedies that are granted when the remedies at law are unavailable or an adequate
Jurisdiction Before a court can hear a case, it must be in the jurisdiction over the person against whom the suit is brought
Limited versus general jurisdiction Limited jurisdictions accessed when the court is limited to a specific subject matter such as divorce. General jurisdiction exists when a quart can see your any kind of case.
Original versus appellate jurisdiction Pallet jurisdiction exists when courts of appeals or reviewing courts generally apple at courts to not have original jurisdiction. Original jurisdiction have the right to hear the trial the first time.
Federal jurisdiction Arises when a federal question is involved
Concurrent versus exclusive jurisdiction Con current jurisdiction exist when different courts have authority to hear the case. exclusive jurisdiction is only one state or one federal government can hear the case
Discovery The process of gathering evidence concerning the case. Discovery involves two positions interrogations various requests. It also involves any electronic matter.
Appeal any member of aparty can appeal the judgment to an appropriate court of appeals
Negotiation The parties come together, with or without attorneys to represent them, and try to reach a settlement without the involvement of the third part
Mediation The parties themselves reached an agreement with the help of a neutral third-party called a mediator. At the parties request a mediator may make a legally binding decision.
Arbitration A formal method of 80 D are in which the parties submit their disputes to a neutral third-party who Redins a decision. The decision may not be legally binding depending on the circumstances
Online dispute resolution And number of organizations now offered dispute resolution services online forums
Ethics Business ethics focuses on how moral and ethical principles are applied in the business context
The moral minimum Lawful behavior is the moral minimal. The law has its limits though and some actions may be legal and not ethical
Legal uncertainties It may be difficult to predict with certainty whether particular actions are legal
What are the six guidelines to judge corporate actions? The law.is the action going to be legal? Rules and procedures are you following the internal rules procedures have been laid out by your company? Values.laws and internal policy reinforce society's Conscience. Promises. .heroes
What are the five practical solutions to the corporate ethic questions? Inquiry.the understanding of facts. Discussion. develop a list of possible actions Decision. Make a decision. Justification.provide evidence to your decision Evaluation.does your decision satisfy the company or community individual values?
What is the Bill of Rights? The first 10 amendments of the Constitution
First Amendment Guarantees the freedom of religion speech and press also the right to assemble peacefully and to petition the government.
Second Amendment Concerns a well regulated militia and the right of people to keep and bear arms.
Third amendment Prohibits in peacetime the launching of soldiers and any house without the owner's consent.
Fourth amendment Known as the right to privacy, prohibits unreasonable searches and seizures of persons or property.
Fifth Amendment Guarantees the right to be indicted by a grand jury also known as the right to trial. Also prohibits compulsories self incrimination" jeopardy.
Sixth amendment Guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and with counsel. They accused has the right to cross-examine witnesses against him or her and to solicit testimony from witnesses in his or her favor,
Seventh amendment Guarantees the right to trial by jury in the civil none criminal case involving at least $20
Eighth amendment Prohibits excessive bail and fines as well as cruel and unusual punishment.
Ninth amendment Establishes that people have rights in addition to those specified in the Constitution. This is also known as the power of state government
The 10th amendment Establishes that those powers metered delegated to the federal government nor deny to the states are reserved for the states
Federal form of government A system of government in which states form a union and the sovereign power is divided between the central government and the member States
Created by: 1084200654