, Separation of Powers, Quizzes of Business and Labour Law

Download , Separation of Powers and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 Positivism DEFINITION 1 Law is a system of rules created by lawmakers Claim that law is only influenced by morality to the extent that man has posited moral values into the rules o law Justice is a concept posited in the law by a lawmaker TERM 2 Natural Law DEFINITION 2 Law is intimately connected to nature and the principals of nature are the only true law Morality is the only true law Justice is necessarily engrained in the law TERM 3 Substantive Law DEFINITION 3 creates, defines, and regulates legal rights and duties example: the rules relating to the formation of a contract TERM 4 Procedural Law DEFINITION 4 rules by which one can enforce the rights of substantive law example: the rules of a court wherein one seeks to enforce a contract TERM 5 Public Law DEFINITION 5 Governs the rights and duties of governments example: treaty entered between two nations and their governing rights TERM 6 Private Law DEFINITION 6 governs the rights and duties of individuals and legal entities business law is primarily private law TERM 7 Civil Law DEFINITION 7 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. plaintiff v. defendant burden of proof: evidence purpose: compensation and deterrence TERM 8 Criminal Law DEFINITION 8 State v. defendant burden of proof: beyond a reasonable doubt purpose: punishment, deterrence, rehabilitation, and preservation of the peace TERM 9 Hierarchy of Laws DEFINITION 9 State Common Law State Administrative Law State Statutes State Constitution Federal Common Law Federal Administrative Law Treaties and Federal Statutes Constitutional Law TERM 10 Constitutional Law DEFINITION 10 establishes the governmental structure and allocates power among the branches of the government TERM 21 Federal or State Court Jurisdiction DEFINITION 21 Federal Questions: cases arising under the Constitution, Federal Statutes, or Treaties of the United States Diversity Jurisdiction: diversity of citizenship and amount in controversey exceeds $75k TERM 22 Exclusive State Jurisdiction DEFINITION 22 all power not designated to the federal government Property Torts Contracts Agency Commercial Transactions and non- federal crimes TERM 23 In Personam Jurisdiction DEFINITION 23 jurisdiction of a court over the parties of a lawsuit, long arm statutes stretches this across state borders TERM 24 In Rem Jurisdiction DEFINITION 24 Jurisdiction of land in the court's state TERM 25 Attachment Jurisdiction (quasi in rem) DEFINITION 25 jurisdiction over the property rather than the person example: lets a court seize a property for payments that are unrelated to the property TERM 26 Federalism DEFINITION 26 division of government power between the federal government and the states TERM 27 Supremacy Clause DEFINITION 27 any conflicting federal and state law sides with the federal law TERM 28 Judicial Review DEFINITION 28 when a state or federal court examines both state and federal statutes to make sure they are okay by the Constitution's standards. TERM 29 Separation of Powers DEFINITION 29 Executive branch has power to veto legislation Judicial branch has power to hold executive and legislative branch's actions unconstitutional legislative branch must approve executive appointments