Business Law Ch. 1

Front 1

Business Law

Back 1

Consists of the enforceable rules of conduct that govern commerical relationships

Front 2

Law

Back 2

Majority of citizens in a democracy can agree to permit certain authorites to make and enforce rules describing what behavior is permitted and encourgaged in their community.

Front 3

Private Law

Back 3

Involves disputes between private individuals or groups.

Front 4

Civil Law

Back 4

Involves the rights and responsibilities involved in relationships between persons and between persons and their government.

Front 5

Criminal Law

Back 5

Involves incidents in which someone commits an act against the public as a unit.

Front 6

Consitutional Law

Back 6

Refers to the general limits and powers of there governments as stated in their written constitution.

Front 7

Statutory Law

Back 7

The assortment of rules and regulations put forth by legislatures.

Front 8

Uniform Laws

Back 8

Serve as a basis for some statutory law as the state level.

Front 9

Common Law

Back 9

Collection of legal interpretations made by judges.

Front 10

Precedent

Back 10

The use of past decisions to guide future decisions.

Front 11

Stare Decisis

Back 11

When courts rely on precedent. (Standing by their decision)

Front 12

Restatements of the Law

Back 12

Common law evolves with the assistance of a mechanism

Front 13

Administrative Law

Back 13

The collection of rules and decisioins made by all these administrative agencies.

Front 14

Treaty

Back 14

A binding agreement between two states or international organizations.

Front 15

Natural Law

Back 15

Refers to the idea that there are certain ethical laws and principals that are morall right and "above" the laws devised by humans.

Front 16

Legal Positivism

Back 16

Urges us to design our legal system on the basis of the belief that legitimate political authority deserves our obedience when it issues a rule.

Front 17

Identification with the vulnerable

Back 17

Closely linked to pursuing legal change through natural law.

Front 18

Historical School

Back 18

One of the most often used guidelines for shaping the law

Front 19

Legal Realism

Back 19

Based on the idea that, when ruling on a case, judges need to consider more than just the law.

Front 20

Cost-benefit analysis

Back 20

Guide to legal change, choosing the legal alternatives that maximized the ratio of benefits to costs.

Front 21

Public Law

Back 21

Involves disputes between private individuals or groups and their government.

Front 22

Summons

Back 22

A court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint.

Front 23

Complaint

Back 23

Specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks.

Front 24

Venue

Back 24

Determines which trial court in the system will hear the case.

Front 25

Interrogatories

Back 25

Written questions that one party sends to the other to answer under oath.

Front 26

Deposition

Back 26

Attorneys examine a witness under oath.

Front 27

Voir Dire

Back 27

Jury selection. An oath administered to a proposed witness or juror which he or she is sworn to speak the truth in an examination to ascertain his or her competence.

Front 28

Peremptory Challenges

Back 28

Allow a part to challenge a certain number of potential jurors without giving a reason.

Front 29

Brief

Back 29

Written Argument.

Front 30

Writ of Certiorari

Back 30

An order to the lower court to send to the Supreme Court the record of the case.

Front 31

Mediation

Back 31

The disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute.

Front 32

Arbitration

Back 32

The resolution of a dispute by a neutral third party outside the judicial setting.

Front 33

Summary Jury Trial

Back 33

Abbreviated trial that leads to a nonbinding jury verdict.

Front 34

Minitrial

Back 34

Similar to arbitration and mediation because it involves a neutral third party.

Front 35

Private Trials

Back 35

ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute.

Front 36

Federalism

Back 36

Authority to govern is divided between federal and state governments.

Front 37

Supremacy clause

Back 37

Provides that the Constitution laws, and treaties of the united states constitute the supreme law of the land.

Front 38

Commerce clause

Back 38

States that the U.S. Congress has the power to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

Front 39

Dormant Commerce clause

Back 39

Restriction on states authority to pass laws that substantially affect interstate commerce.

Front 40

Amendment 1

Back 40

Protects freedom of religion, press, speech, and peaceable assembly.

Front 41

Amendment 2

Back 41

Finds that in light of the need for a well regulate militia for security, government cannot infringe on citizens' rights to bear arms.

Front 42

Amendment 3

Back 42

Provides that government cannot house soldiers in private residences during peacetime, or during war except for provisions in the law.

Front 43

Amendment 4

Back 43

Protects citizens from unreasonable search and seizure.

Front 44

Amendment 5

Back 44

Double jeopardy.

Front 45

Amendment 6

Back 45

Provides the right to speedy trial.

Front 46

Amendment 7

Back 46

States that in common law suits where the monetary value exceeds $20, citizens have the right to trial by jury.

Front 47

Amendment 8

Back 47

Provides that government will not set bail at excessive levels. Prohibits cruel and unusual punishment.

Front 48

Amendment 9

Back 48

Provides that although the Bill of rights names certain rights, such naming does not remove other rights retained by citizens.

Front 49

Amendment 10

Back 49

Provides that powers that the constitution does not give to the federal government are reserved to the states.

Front 50

Amendment 14

Back 50

States not to deny due process.

Front 51

Checks and Balances

Back 51

The principle that each branch's powers are kept from dominating the government.

Front 52

Federal Courts

Back 52

-Supreme Court of U.S.
-Court of Appeals
-U.S. District Court

Front 53

NY State System

Back 53

-Court of Appeals
-Appellate Division
-Supreme Court

Front 54

Family Court

Back 54

-Child Support
-Custody
-Juvenile Delinquency

Front 55

Surrogates Court

Back 55

-States
-Deceased

Front 56

Prurient

Back 56

Marked by arousing an immoderate or unwholesome interest or desire.

Front 57

Chief Justice

Back 57

John G. Roberts

Front 58

Justices

Back 58

-Thomas
-Kagan
-Ginsberg
-Alito
-Breyer
-Sotomyer
-Scalia
-Kennedy

Front 59

Jurisdiction

Back 59

Courts power to hear cases and render decisions that bind the parties before them.

Front 60

Exclusive Federal Jurisdiction

Back 60

-Bankruptcy cases
-Cases in which one state sues another
-Admiralty cases

Front 61

State Jurisdiction

Back 61

All cases not falling under exclusive federal jurisdiction

Front 62

Concurrent Federal Jurisdiction

Back 62

-Federal-question cases
-Diversity-of-citizenship cases

Front 63

Full Faith and Credit Clause

Back 63

Requires that courts in all states uphold contracts and public acts established in other states.