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Business Exam 1


A common law doctrine under which judges are obligated to follow the precedents established in prior decisions Stare decisis
The body of law enacted by legislative bodies Statutory Law
The body of law created by administrative agencies, in the form of rules, regulations, orders and decisions, in order to carry out their duties and responsibilities Administrative Law
A federal of state government agency established to perform a specific function. They are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts Administrative Agencies
The branch of law dealing with the definition and enforcement of all private and public rights, as opposed to criminal matters. Civil Law
a proposition is more likely to be true than not true. Preponderance of Evidence
Law that defines and governs actions that constitute crimes. Generally it has to do with wrongful actions committed against society for which society demands redress Criminal law
The proposition being presented by the government must be proven to the extent that there is no reasonable doubt in mind that the defendant is guilty Beyond a reasonable doubt
enforceable rules governing relationships among individuals and between individuals and their society Law
social responsibility of business Stakeholders approach
The idea that corporations can and should act ethically and be accountable to society for their actions Corporate Social Responsibility
What you did that perhaps you shouldnt have Error of Commission
what you didnt do that you should have Error of Ommission
universalizability, reversibility Religious, humanistic, compassionate do unto others as they do unto you Duty Based Ethics
The Greatest good for society or the greatest good for the greatest amount of people Jeremy Bentham Utilitarianism
all about the consequences teleological
The authority of a court to hear and decide a specific case jurisdiction
To go to trial in the geographical location of the person who wronged you In Personam
to go to trial in the area in which the property is owned by the person who wronged you In Rem
state can assert power over an individual simply based on the fact that they own land somewhere Quasi In Rem
A state statute that permits a state to obtain personal jurisdiction over nonresidential defendants. A defendant must have certain "minimum contacts" with the state for the statute to apply Long Arm Statute
If there is a dispute, no matter where you are, you agree to use the laws specific to a certain state choice of laws provision
agreement to come to a specific state to file a lawsuit forum selection
waive the right to a jury trial jury waiver provision
substantial business conducted over the internet and possibly passive advertising Sliding Scale Standard
The geographical district in which a legal action is tried and from which the jury is selected Venue
Trial courts of limited and general jurisdiction, courts of appeal and highest level of court sometimes known as supreme court State Court System
county, district, superior, or circuit courts & small claims court Trial Level State Court
3/4 of the states have intermediate appellate courts do not conduct new trials panel of 3 or more judges reviews the record of the case on appeal State Appellate Courts
decisions of each states highest state court are final on all questions of state law only when issues of federal law are involved can a decision be made by a state's highest court overruled by the United States Supreme Court Highest State Courts
Judge made laws Common Law
Rituals, Habits, public opinion, religion, sentiment customs
any commerce that concerns more than 1 state and it has a real and substantial relationship to the national interest is a federal concern 1964 Heart of Atlanta Motel
There are at least one of these in every state there are 94 total U.S. district Court
County, district, superior or circuit courts small claims court limited jurisdiction Trail Level state court
The testimony of a party to a lawsuit or a witness taken under oath before a trail Deposition
Questions asking one to admit or deny specific allogations Request to admit
Request to see certain documentation. Can be asked from both plaintiff and defendant. Notice to produce.
The pleading made by a plaintiff alleging wrong doing on the part of the defendant, when filed it initiates a lawsuit complaint
A federal or state statute setting the maximum time period in which legal action can be brought or certain rights enforced. Statute of Limitation
A motion requesting the court to enter a judgment without proceeding a trial. The motion can be based on evidence outside of the pleading and will be granted only if there is no facts in dispute. Motion for Summary Judgement
A document informing a defendant that a legal action has been commenced against him or her and the defendant must appear in court on a certain date to answer the plaintiffs complaint. the document is delivered by someone with proper authority. Summons
Jurisdiction that exists when two different courts have the power to hear a case There must be over 75,000 involved Concurrent Jurisdiction
to bring a case before the supreme court, a party must request that the court issue this statute. Writ of Centiorari
to bring a case before the supreme court, a party must request that the court issue this statute. Writ of Centiorari
Created by: macmac