Busa 2106 Exam 1

Front 1

law

Back 1

a body of rules prescribed by controlling authority that have legal consequences

Front 2

functions of law

Back 2

1. facilitate orderly change
2. facilitate planning
3. keep the peace
4. maintain the status quo
5. maximize individual freedom
6. promote social justice
7. provide a basis for compromise
8. shape moral standards

Front 3

common law

Back 3

judges make decisions based on precedent

Front 4

English common law

Back 4

the basis for the American common law system

Front 5

precedent

Back 5

rules determined based on what the previous judge decided

Front 6

sources of laws

Back 6

1. constitutions
2. legislative
3. executive
4. judicial
5. administrative agencies

Front 7

legislative

Back 7

codified laws- acts, statutes, codes

Front 8

executive

Back 8

orders and treaties

Front 9

judicial

Back 9

case law/common law

Front 10

administrative agencies

Back 10

rules, regulations, administrative orders

Front 11

treaties

Back 11

entered into by the president with a 2/3 vote of approval by the senate

Front 12

stare decisis

Back 12

to stand by the decision (precedent)

Front 13

ethics

Back 13

a set of moral principles or values that govern the conduct of an individual or a group; right or wrong behavior

Front 14

relationship between laws and ethics

Back 14

laws and ethics are not the same, but they do overlap

Front 15

moral minimum

Back 15

compliance with the law; the minimum acceptable standard for ethical business behavior

Front 16

corporate social responsibility

Back 16

the duty owed by business to act responsibly in producing and selling goods and services

Front 17

profit maximization

Back 17

a company's only goals is to make money

Front 18

stakeholder interest

Back 18

takes all stakeholders into account

Front 19

corporate citizenship

Back 19

company must solve society's problems

Front 20

docket

Back 20

the document that contains all the trials that are happening in court

Front 21

order of state courts

Back 21

state trial court > state court of appeals > state supreme court

Front 22

order of federal courts

Back 22

us district courts > us circuit courts of appeal > us supreme court

Front 23

errors of law

Back 23

errors that judges have made; what they look for in appeals

Front 24

petition for certiorari

Back 24

the petition that you must make in order for the supreme court to hear your case

Front 25

writ for certiorari

Back 25

what you get in the supreme court grants your request and decides to hear your case

Front 26

complaint

Back 26

the document that the plaintiff files with the court and serves on the defendant to initiate lawsuit

Front 27

summon

Back 27

a court order directing the defendant to appear in court and answer the compaint

Front 28

answer

Back 28

the defendant's written response to the plaintiff's complaint that is filed with the court and served on the plaintiff

Front 29

discovery

Back 29

a legal process during which both parties engage in various activities to discover facts of the case from the other party and from witnesses prior to trial

Front 30

methods of discovery

Back 30

1. interrogatories
2. requests for production of documents
3. depositions
4. physical/mental exams

Front 31

interrogatories

Back 31

written questions and answers

Front 32

depositions

Back 32

bring people in for questioning

Front 33

anatomy of a jury trial

Back 33

jury selection > opening statments > plaintiff and defendant's cases > closing arguments > jury instructions > jury deliberations > verdict > entry of judgement

Front 34

judgement not withstanding the verdict (JNOV)

Back 34

judge changes something that the jury said

Front 35

remittor

Back 35

judge reduces the fine