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77 Cards in this Set

  • Front
  • Back
enforceable rules of conduct set forth by a govt to be followed by the citizens of the society
common law
law developed by American and English courts by decisions in cases. must be interpreted by the many decisions that have been wrote over time
decision in a case taht is used t o guide decisions in later caseswith similar fact situations
stare decisis
the use of precedent by courts the use of prior decisions to guide decision making in cases before the courts
fundamental law of the nation; controlling authority over all other law
procedural law
rules of the court system that deal with the manner in which lawsuits are initiated and go forward
substantive law
law that defines the rights and duties of persons to each other
law enacted by a legislative body
duties which a member of society owes to other members
gernerally accepted standards of right and wrong in a society
compliance programs
company will be subject to less punishment in case of voilations of the law than if there is no good-faith effort to have internal procedures to help ensure that the law is followed within the organization
party who initiates lawsuit
party against whom an action or lawsuit is brought
right of a court or other body to hear a case and render a judgment
subject-matter jurisdiction
created by constitution or a statute regarding the types of disputes a court can accept to resolve
personal jurisdiction
courts power over the person of the defendent
appellate jurisdiction
power of a court to revise or correct the proceedings in a case already acted upon by a lower court or administrative agency
diversity of citizenship
action in which the plaintiff and defendant are citizens of different states
process through which a court notifies and compels a defendant to a lawsuit to appear and answer a complaint
service of process
delivery of the comlaint to the defendant either to her personally or in most jurisdictions by leaving it with a responsible person at her place of residense
in rem jurisdiction
action taken by a court against the property of the defendent
quasi in rem jurisdiction
proceeding brought against the defendent personally but when the defendants interest in property serves as the basis of the courts jurisdiction
conflict of law
body of law establishing the circumstances in which a state or federal court shall apply the laws of anohter state, rather than the laws of the state in which it is sitting to decide a case for it
geographic area in which an action is tried and from which the jury is selected
forum non conveniens
allows a court in equity to decline jurisdiciton over a case when it believes that the matter would be better resolved in another forum
procedural law
rules of the court system that deal with the manner in which lawsuits are initiated and go forward
substantive law
defines the rights and duties of persons to each other
public law
generally denoting laws that affect relationships between people and their gov'ts
private law
generally denoting laws that affect relationships between people
civil law
written and unwritten that specify the duties that exist between and among people
criminal law
governs or defines legal wrongs or crimes committed against society
Why does congress set up administrative agencies?
-a problem requires expertise and supervision
-congress lacks ability to handle law enforcement compliance directly
-EPA can consider technical details that congress wouldnt be able to do
powers not granted to the federal government are retained by whom according to the constitution?
the states
when operating internationally or globally a company must consider what?
-u.s. laws
-low from the involved countries
-treaties or trade agreements that may be involved
14th amendment
due process and equal protection
1st amendment
freedom of speech, commercial political (much broader than in other countries)
4th amendment
unreasonable search and seizure (applys to criminals and evidence)
5th amendment
self incrimination
6th amendment
right to jury trial in criminal cases
7th amendment
right to jury trial in common law cases
8th amendment
excessive fines
consolidated edison case
violates 1st amendment
central hudson case
violates 1st amendment
soldano vs. O'Daniels
new ruling that rejected old law "no duty to help another" not widely accepted. Old rule is still law.
Dow Chemical
aerial photography allowed. Not violate 4th amendment b/c in plain view
what is civil litigation
legal proceeding that resolves disputes between individuals or entities (companies)
court must have what 2 types of jurisdiction?
subject matter jurisdiction
personal jurisdiction
Braswell vs. US
corp of one tried to claim 5th amendment priveledge against self incrimination; court said not to apply to corportation
what is the public perception of business leaders? are they ethical? how have companies dealt with this issue?
they write codes of ethics
New York vs. Burger
junkyard owner claimed warrantless search violated his 4th amendment rights
what does the commerce clause do?
allows congress broad powers to regulate business. if stated powers are insufficient then necessary and proper clause expands it
congress can delegate broad powers to whom to regulate businesses like EPA
what are 3 provisions of the US constitution that are applicable to business
commerce, necessary and proper clause and the taxing authority
taxing authority may use taxes to do what?
punish, raise revenues, keep certain goods under federal
5 requirements to move from agency to court/judicial review
jurisdiction, reviewability, standing, ripeness, exhaustion
who issues executive orders?
what are the 2 court systems?
federal and state
what can agencies do to enforce requirements?
keep closer eye on business'
McCulloch vs Maryland
national bank case- stands for federal supremacy provision and the application of the necessary and proper clause to the commerce clause. Maryland could not tax the federal court. Congress could set up the national bank
waht is the purpose of our court system and what functions do the judiciary serve?
regulates society courts look at individual behaviors
Wickard vs. Filburn
Wheat case
administrative rules are classified as
substantive (legislative), interpretive or procedural
common law is English law
not set up by US constitution
how many branches of govt do we have?
3 judicial executive legislative
how many articles in the constitution
hughes vs oklahoma
law was a burden on interstate commerce
how many amendments are in the constitution
what is advantage of precedent
old court law- allow business to have expectations
what issues affect a companys operation/decisions?
international, political, ethical, legal, etc.
do chatrooms have privacy?
what are the functions of law and the legal system?
-influencing the behavior of the members of a society
-resolving disputes within the society
-maintaining important social values
-providing a method for social change
what is highest court in US?
supreme court
how was supreme court created
what is statutory law? who writes it?
law enacted by legislative body. congress writes it
definition of law
refers to a code of conduct that defines the behavioral boundaries for business activity
Bose vs. Consumer Union
allows criticism
where did common law become prominant