Study Guide for BUS-260

Fuck to edit Click tests Master subtitle style

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Stare dicisis

is a legal principle by which judges are obliged to respect the precedents established by prior decisions.

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Statute

Typically, statutes command or prohibit something, or declare policy A written enactment

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Case brief

fact Issue Finding (rule) reason

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Classification of legal subjects

Public and Private Civil and Criminal Substance and Procedure Law and Equity

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Constitutional law

is a body of law dealing with the distribution and exercise of government power

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Administrative law

the body of law that governs the activities of administrative agencies of government Such as boards and committees

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Criminal law

is the body of rules that defines conduct that is prohibited by the state because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and that sets out the punishment to be imposed on those who breach these laws Enforced my the states
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Antitrust law

American antitrust laws are state and federal laws created to prevent monopolie There to ensure healthy market competition

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Labor law

is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations

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Contracts law

To get a mutual agreement between two people on an action

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Property law

Law that governs personal property or real (land) property

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Torts law

is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from criminal wrongdoing, which involves a breach of a duty owed to society.

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Litigation process

Pleadings: Complaint, Summons, Answer, Counterclaim, and Reply Complaint: Name of Parties, State place and time, State facts in separate counts, Plea for relief Answer for Complaint: Admit, Deny, Confess and Avoid, Demurrer,Insufficient Knowledge
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Crime- Duty to society Tort- Duty to others Contracts- Assumption of duties

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Negligent torts

It can be generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from foreseeable risk of harm

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Intentional tort

a civil wrong resulting from an intentional act on the part of the tortfeasor

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Strict liability tort

The plaintiff need only prove that the tort occurred and that the defendant was responsible Personal responsibility

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Criminal law procedure

Criminal complaint Warrant summons: Name, offense, bail, judge Arrest: Complaint, warrant/summons, rights

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Indictment/information

the judge needs to get all information about the case and if the judge feels like the case is a waste of time he can throw the case out.

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Hot potato case

when there is a possibility that people in the court system are bias about accusing the defendant. When this occurs, the case is passed to the people and they decide if the defendant is guilty or not. The defendant could also be acquitted if the jury throws the case out if they think the case will not hold up.
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Arraignment

a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her

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Pleas

Guilty Not guilty Not guilty by reason of insanity Nolo contendre (no contest)

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Discovery

Process where each side gets to discover what the other side knows about the case

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Plea Bargain

When both the defendant and the prosecutor come to agreement about what the punishment is going to be.

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Trial process

Voir dire (jury selection process) Opening statements about the case Evidence Closing Arguments Verdict

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Elements of contracts

Agreement

Offer/ acceptance

Consideration- each side gets something new Legal capacity Legal purpose

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Kinds of Contracts

Unilateral- promise for an act Bilateral- promise for a promise Implied-In-Law (Quasi Contract)

When terms like price are not discussed and then both parties settle an agreement for price.

Gratuitous promise is when you promise to do something without getting anything in 4/17/12 return

Statute of frauds

When you need to keep the contract in case you have to refer to it a later time

Real estate Guarantee contract Sale of goods Contract over one year

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Breach

Sue for damages when contract falls through Sue for specific performance Sue for injunction Treat as canceled

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