Business Law WVU

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Precedent
Decide current cases based on previous rulings
Common law
Judge-made law
Statute
A law made by legislature
Criminal law
Prohibits certain behavior for the benefit of society
Civil law
Regulates the rights and duties between parties
Jurisprudence
Theory of law
Natural law
Fundamental part in all of us that knows right and wrong
Legal positivism
Whatever gov’t says is the law
Legal realism
Who enforces the law counts more than what is in writing
Plaintiff
Who is suing
Defendant
Who is being sued
Ethics
How people should behave
Litigation
Process of filing claims and going to trial
Administrative law
Organizational rules and regulations
What is our source of the law?
The U.S. Constitution
Where does all of the action take place and where issues get resolved?
Trial court
True or false – Courts can have overlapping jurisdiction
True
Jurisdiction
The court has the power to act
Personal jurisdictiom
Legal authority to require the defendant to stand trial
Subject jurisdiction
General subject falls within jurisdiction for the court to hear
In-rim jurisdiction
Jurisdiction over the thing/property
Standing
Person bringing the case has some sort of real interest in the case and will benefit from the decision
Venue
Judicial approach of deciding the right “place” to hear the case
Criminal case remedies
Incarceration, fines, probation
Civil case remedies
Compensation, equitable relief
Long-arm statute
Jurisdiction over out of state defendants
What is the heart of a lawsuit?
in the DISCOVERY
Exculpatory evidence
Evidence to prove innocence
Deposition
Giving sworn evidence
Mediation
3rd party tries to guide 2 parties to a compromise
Summons
Court’s written notice that a lawsuit has been filed
Diversity jurisdiction
When plaintiff and defendant are of diff states and the amount in the dispute is over $75,000
Default judgment
Decision that the plaintiff wins without trial because defendant failed to answer in time
Arbitration
3rd party makes the decision to end the case
2 types of arbitration?
1) non-binding which doesn’t end the case

2) binding which does end the case

Voir dire
Process of selecting a jury
Tort
A civil wrong
True or false : in a jury’s verdict, the only thing for certain is that there is no certainty
True
JNOV
Judgment notwithstanding the jury’s verdict (asks judge to overturn the jury’s verdict)
How many does it take to override a veto?
2/3
Commerce clause
Gives congress the power to regulate commerce with foreign nations and among states
Supremacy clause
Makes the constitution, federal statutes & treaties, the supreme law of the land
Judicial activism
Court’s willingness to decide issues on constitutional grounds
Judicial restraint
Court’s attitude that it should leave lawmaking to legislators
Due process
Ensures that before gov’t takes liberty or property, affected person has a fair chance to oppose the action
Takings clause
Clause that says when any gov’t takes private property for public use, it must compensate the owner
Eminent domain
Power of the government to take private property for public use
Substantive due process
Form of due process that holds certain rights that are so fundamental that the gov’t may not eliminate them
Libel
Written lie
Slander
Spoken lie
Categories: Business Law