Business Law Concepts
Ethics
Study of what constitutes right or wrong behavior
In Criminal Action who starts law suit
State Action by Prosecutor
Precedent
A Decision that was based upon identical or similar legal principles or facts so no new law is made.
Statutes
-formal written enactment of a legislative authority that governs a state, city or country
– Typically, statutes command or prohibit something, or declare policy
-Legislatures pass them down
– Typically, statutes command or prohibit something, or declare policy
-Legislatures pass them down
3 Levels of Government
Legislative
-Its powers include passing laws, originating spending bills (House), impeaching officials (Senate), and approving treaties (Senate).
-House of Representatives and the Senate
-Its powers include passing laws, originating spending bills (House), impeaching officials (Senate), and approving treaties (Senate).
-House of Representatives and the Senate
Executive-directing government, commanding the Armed Forces, dealing with international powers, acting as chief law enforcement officer, and vetoing laws.
Judicial- Its powers include interpreting the Constitution, reviewing laws, and deciding cases involving states’ rights.
Burden of Proof
-evidence that will shift the conclusion away from the default position to one’s own position.
-proof carries the benefit of assumption
-proof carries the benefit of assumption
Supreme Law of Land
It provides that these are the highest form of law in the United States legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either a state constitution or state law of any state.
Process of Appealing
1. Filing the appeal
2. Appellate Review
3. Higher Appellate court
2. Appellate Review
3. Higher Appellate court
Defamation
wrongfully hurting ones good reputation
Pleading
Complaint and Answer
Bill Of Rights
Protects individuals from interference by the federal government
Supremacy Clause
Provides constitution, laws, and treaties of the united states are the supreme law of the land
Commerce Clause
Congress to regulate commerce with foreign nations and among several states and with indian tribes. regulation of state affairs
Alternative Dispute Resolution
dispute resolution processes that fall outside of the governmental judicial process
-Negotiation
-Mediation
-Conciliation
-Arbitration
-Negotiation
-Mediation
-Conciliation
-Arbitration
Levels of Court
Trail Court
Court of Appeal
Supreme Court
Court of Appeal
Supreme Court
Equitable remedies
Court order that forces a defendant to perform his or her part of a contract
Procedural due Process
is the legal requirement that the state must respect all legal rights that are owed to a person
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary
Imminent Domain
the right of a government or its agent to expropriate private property for public use, with payment of compensation.
3 Different Types of Torts
1 Intentional
2 Negligence
3 Strict Liability
2 Negligence
3 Strict Liability