Business Law 1

Front 1

Precedent

Back 1

The obligation to decide current cases based on previous rulings

Front 2

Common Law

Back 2

judge-made law

Front 3

Statutes

Back 3

a law passed by a legislative body

Front 4

Stare Decisis

Back 4

"let the decision stand"

Front 5

State Legislative passes

Back 5

statutes on state law, creates state agencies

Front 6

Governors and presidents propose

Back 6

statutes, signs or vetoes statutes, oversees state agencies, issues executive orders.

Front 7

Congress passes

Back 7

statutes, ratifies statutes, creates administrative agencies

Front 8

Federal Courts in, interpret

Back 8

statutes, create federal common law, review the constitutionality of statutes and other legal acts

Front 9

Criminal Law

Back 9

Prohibits certain behavior

Front 10

Civil Law

Back 10

regulates the rights and duties between parties

Front 11

Substantive Law

Back 11

defines the rights of the parties.

Front 12

Procedural Law

Back 12

establishes the processes for settling disputes

Front 13

Ethics

Back 13

The study of how people ought to act

Front 14

Litigation

Back 14

The process of filing claims in court and ultimately going to trial.

Front 15

Dispute Resolution

Back 15

any formal or informal process used to settle disputes without resorting to a trial.

Front 16

Majority of disputes are resolved this way

Back 16

Negotiations

Front 17

The Fastest growing method of dispute resolution

Back 17

Mediation

Front 18

A neutral party attempts to coax the two disputing parties toward a voluntary settlement

Back 18

mediation

Front 19

Trial Courts

Back 19

determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions.

Front 20

Jurisdiction

Back 20

a courts power to hear a case

Front 21

Appeals Court

Back 21

generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law

Front 22

Error of law

Back 22

appeals court may require a new trial

Front 23

Appellant

Back 23

party filing the appeal

Front 24

Appellee

Back 24

party opposing the appeal.

Front 25

Diversity Jurisdiction

Back 25

The plaintiff and defendent are citizens of different states and the amount of the disputes exceeds 75,000

Front 26

Federal question

Back 26

a case in which the claim is based on the united states constitution, a federal statute, or a federal treaty,

Front 27

If no federal law is at issue federal courts have

Back 27

Diversity jurisdiction

Front 28

Motion

Back 28

a formal request to the court to take some step or issue an order

Front 29

Discovery

Back 29

the Pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case.