Comprehensive Guide: Understanding Laws, Criminal & Civil, Federal & State, Quizzes of Business and Labour Law

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TERM 1 Legal System DEFINITION 1 -Set of rules by which members relate to each other - promote stability in a society and give effect to social policy TERM 2 Laws DEFINITION 2 -Foundation of legal systems that affect individual lives and grop commercial enterprises through the protection of certain "interests" -a body of enforceable rules which govern relationships among individuals and society TERM 3 Substantive Laws DEFINITION 3 -Create rights, duties, and privileges consistent with social policy at the time of enactment -Ex: right to vote can't be taken away; privilege to drive on a state highway is socially used but requires some government monitoring TERM 4 Procedural Laws DEFINITION 4 -allow institutions to control their internal functions -can file a law suit but you need a document of complaint; license renewal requires you to go to the BMV during certain hours but the hours are apt to change TERM 5 Busineses must be aware of... DEFINITION 5 -Laws and regulations: labor and employment laws, environmental regulations, technology transfer restrictions, health and safety regulations, property questions and issues, etc. -Legal and ethical duties concerning regulatory issues - Common law issues: contractual obligations, etc. -Be aware and changes and change methods if necessary TERM 6 Federal Law DEFINITION 6 -Federal law is the body of law created by the federal government of a country. -Consists of... 1. U.S. Constitution and Ratified Treaties 2. Federal Statutes and Case Laws 3. Federal Administrative Regulations TERM 7 Supreme Law of the Land DEFINITION 7 -The U.S. Constitution TERM 8 Ratified Treaties DEFINITION 8 Approved/confirmed agreements; ratified by the senate and can be modified by statutory laws TERM 9 Federal Statutes DEFINITION 9 Laws enacted by the U.S. congress and signed by the President TERM 10 Case Law (Judicial Precedent or Decisional Law) DEFINITION 10 Case law is the reported decisions of selected appellate and other courts (called courts of first impression) which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis. -set forth in judicial opinions -less significant for means of making laws TERM 21 Stare Decisis DEFINITION 21 At Common Law: the legal principle by which judges are obliged to obey the set-up precedents established by prior decisions, unless a court decideds a precedent should no longer be followed TERM 22 Courts Exist to... DEFINITION 22 -Provide legal or equitable remedies to an injured party which allows the litigant to enforce a right or privilege or to be compensated for an injury TERM 23 Legal Remedy/Remedy at Law DEFINITION 23 Injured party can be made whole by receiving something of economic value; if this remedy was inadequate, litigant may seek a remedy in equity TERM 24 Equity Remedy DEFINITION 24 Involves notions of fair dealing and justice -Equity Courts are changery courts with a chancellor TERM 25 Modern Courts are courts of... DEFINITION 25 -Law and Equity TERM 26 4 Types of Equitable Remedies DEFINITION 26 1.Injunctions: refrain from certain acts 2.Decrees: Judicial Decisions 3. Specific Performance: getting someone to do what they want you to do; actual accomplishment of a contract by the party bound to fulfill it 4 Recission/Reformation of a Contract TERM 27 Criminal Law DEFINITION 27 Public Policy consiters the wrong on against the society as a whole (muder, theft, etc.) -The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. TERM 28 Civil Law DEFINITION 28 Public Policy considers the wrong one against an individual (wrongful death, conversion, contract, torts, etc.) -Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. TERM 29 Private Law (Civil Law) DEFINITION 29 that part of a legal system that involves relationships between individuals; state is not directly concerned (ex: the relations between husband and wife or suing McDonalds for food poisoning) TERM 30 Public Law DEFINITION 30 Public law is a theory of law governing the relationship between individuals (citizens, companies) and the state. -Regulate the structure and administration of the government; the responsibilities of government employees and the relationships with foreign governments (ex: suing the state of OH) TERM 31 National Law DEFINITION 31 Dispute involving the interests of one nation The three major legal systems of the world today consist of civil law, common law and religious law. TERM 32 International Law DEFINITION 32 Dispute involving more than one naton International law is the term commonly used for referring to laws that govern the conduct of indepedent nations in their relationships with one another.