Business Law 1-3

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Case Law
law created by courts decisions, either in creating new common law, or in interpreting common or statutory law
common law
A system in which court decisions establish legal principles and rules of law.
an individual or group being sued or charged with a crime
dissenting opinion
An opinion disagreeing with a majority in a Supreme Court ruling.
Establishment Clause
1st Amendment clause: Congress cannot “establish” a religion. Accomodationists (establishment = government-funded religion) vs. Separationists (establishment = ANY involvement with religion); Lemon test
written questions that the defense and plaintiff send to one another
The right & power to make decisions in a particular area. Federal courts are courts of limited jurisdiction. Before a federal court can hear a case it must establish that it has the power to hear this type of case (primary jurisdiction is to hear cases involving the federal constitution and/or federal law).
A person or party filing a lawsuit
A decision in a previous court case that is used as the basis for a decision in a similar case.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
where something takes place esp. a trial
commercial speech
concurrent jurisdiction
Authority for both state and federal courts to hear and decide cases
diversity of citizenship
A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.
free exercise clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
In Rem Jurisdiction
Court jurisdiction over a defendant’s property.
per curiam opinion
A brief and unsigned opinion by the Supreme Court.
the written statements of claims and defenses used by the parties in the lawsuit
A judicial order enforcing a right or redressing a wrong.
Statutory Law
Law enacted by Congress, or by state legislatures or local legislative bodies.
Symbolic Speech
an act that conveys a political message
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Categories: Business Law