Management chapter 1

  1. Breaches 
    Breaks contract
  2. Primary source of law
    • 1. Constitution
    • 2. statuary law- passed by Congress, state legislature, or local governing body
    • 3. Regulations by administration agencies
    • law and common law
  3. Constitution Law
    Law expressed in these constitutions
  4. Statutory law
    Statutory passed by Congress or state legislature
  5. Ordinances
    Passed by municipal or County Government dealing with land, safely or something local
  6. Uniform law
    For states to consider adopting
  7. Uniform commercial code (UCC)
    Facilitates commerce by providing uniform rules
  8. Administrative Law
    Rules, orders and decisions from administrative agencies
  9. Administrative agencies
    Is a federal, state, or local government agency established to preform a specific function
  10. Executive agency
    Ex food and drug. Under authority of President
  11. Independent regulatory agencies
    Ex federal trade commission.
  12. Case law
    Doctrines and principles in cases that are not covered by Statutory or administrative law
  13. Common law
    A body of general rules applied from the English realm
  14. Remedies/ remedies of law
    The legal means to enforce a right. Land items of value or money
  15. Damages
    an amount given to a party whose legal interest have been injured
  16. chancellor
    Advisor to the king
  17. Defense
    And argument raise by the defendant
  18. Defendant
    Party being sued
  19. Plaintiff
    the suing party
  20. Petitioner
    the party bringing the lawsuit
  21. Respondent
    The party being sued
  22. Statute of limitations
    time periods For different cases
  23. Stare decisis
    Common law that is judge made law
  24. Binding authority
    Any source of what that a court must follow when deciding a case
  25. Precedent
    An example or authority for deciding subsequent cases involving identical or similar legal principles or facts
  26. Alleges
  27. Case on point
    Previously decided cases that are similar and possible to the one under consideration
  28. Syllogism
    A logical relationship involving a major premise, a minor premise, and a conclusion
  29. Analogy
    To compare the facts in the case at hand to the facts in the previous case
  30. natural law
    A higher or universal law exist applies to all human beings And that written laws should imitate these inherit principles
  31. Legal positivism
    that there can be no higher law the National positive
  32. Historical school
    Thought emphasis on evolutionary process of law by concentrating on the origins and history of the legal system
  33. Legal realism
    Based on the idea that law is just one of the many institutes and society that is shaped by social forces and needs
  34. Substantive law
    Consist of all of that laws that describe regulate and create legal rights and obligations
  35. procedural law
    Consist of all of that delinate the methods of enforcing the rights established by substantive law
  36. Civil law
    Spells out the rights and duties that exist between persons and between persons and the government
  37. Criminal law
    Is concerned with the wrong committed against the public whole
  38. Cyber law
    Refers to the emerging body of law that governs transactions conducted via the Internet
  39. Citation
    Identifies the publication in which it a legal authority such as statues or court decisions or other source can be found
  40. Appellatant
    Party appealing the case
  41. Appellee
    The party against whom the appeal is taken
  42. Opinions
    Contains courts reasons for the decision, the rule of laws that apply, and the judgement
Card Set
Management chapter 1
by Curtis