Buisness Law Ch 1-6 Notes
...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...
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