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33 Cards in this Set
- Front
- Back
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Case law/Common law
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Collection of legal interpretations made by judges.
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Precedent
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past decisions in similar cases used to guide later decisions
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Stare Decisis
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"standing by their decision" when a court relies on precedent. decisions in higher courts become binding precedent for lower cars.
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Business Law
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enforceable laws of conduct that govern commercial relationships
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six functional areas of law
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Corporate management
production and transportation marketing research and development accounting and finance human resource management |
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classifications of law
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Private law
public law civil law criminal law cyber law |
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private law
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regulates private individuals and groups
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public law
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between individuals/groups and their governing entity
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Civil law
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delineates rights and responsibilities implied in relationships between persons or person v government
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criminal law
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regulates incidents in which someone commits as act against public as a whole
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cyber law
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laws governing business applied to web business
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purposes of the law
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provide order such that one can depend on a promise of expectation of obligations
serve as an alternative to fighting facilitat sense that change is possible, but only after rational consideration of aoptions Encourage social justice Guaranteeing personal freedoms serving as moral guide by indicating minimal expectations of citizens and organizations. |
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constitutions
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establishes fundamental principles of how an entity is governed
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constitutional law
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general limits and powers of governments as stated in their constitution
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Stututes
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rules and regulations put in place through legislation
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statutory law
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collection of rules and regulations put forth by governing bodies
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Model/uniform laws
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basis for some statutory law at state level
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National Conference of Commissioners (NCC)
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group of scholars and lawyers that urge states to enact model laws to provide uniformity.
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Uniform Commercial Code (UCC)
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significant body of law for business activity
laws affecting commerce in areas such as bank deposits and collections, title documents, warranties |
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Administrative law
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collection of rules and decisions made by independent and executive federal agencies
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treaty
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binding agreement between 2 states or international organzations
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code of federal regulations (CFR)
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contains all the executive orders created by the president.
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executive order
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president and state governers can issue directives requiring the executive branch to perform their functions in a particular manner
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Schools of jurisprudence
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different schools of thought used as guides to determine legal interpretation
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Natural law
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certain ethical laws and principles believed to be morally right and above the laws devised by humans
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sources of government
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Statutes
Administrative law Common law executive order treaty |
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legal positivism
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concept sees our proper role as obedience to a duly authorized law
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identification with the vulnerable
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higher law or body of moral principle connects all of s in the human community
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historical school: tradition
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link behavior to behavior of those who faced similar problems earlier
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legal realism
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laws exist in an ever changing environment and when ruling on cases social and economic factors should be considered
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cost-benefit analysis
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guiding legal change by maximizing benefits and minimizing costs
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global and comparative law
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factoring for laws and policies of other governing bodies when conducting business.
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critical thinking skills
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ability to understand the structure of what someone is saying and then apply a set of criteria to evaluate its worth.
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