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Business law
BUL3320
38
Business
Undergraduate 3
09/19/2012

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Term
Natural Law
Definition
the law is an inherent, intuitive set of principles
Term
legal positivism
Definition
the law is what established and stated to be
Term
legal realism
Definition
the law is what the particular decision- maker decides it to be
Term
crictical legal studies
Definition
the law is an implement of societal control to maintain the pwoer of th elite class
Term
substantive law
Definition
law creating rights, duties and remedies
Term
procedural law
Definition
rules for enforcing substantive law through adminstrative or judical processes
Term
public law
Definition
law dealing with the relationship betweeen govt and indiv's [ constitutional, criminal and adminstrative law]
Term
private law
Definition
law governing the relationships among indiv's and/or legal entitites such as corporations
Term
constitutional law
Definition
fundamental law of a govt establishing its powers and limitations
Term
judical law
Definition
common law: body of law developed by the courts
Term
legislative law
Definition
statues or ordinances adopted by legislative bodies (includes Treaties) [state,congress]
Term
adminstrative law
Definition
rules,regulations, orders, and decisions made by adminstrative agencies
Term
restatement of laws
Definition
a scholarly; researched summary of the general principles of common law in a particular area of law
Term
uniform acts
Definition
model statue drafted by conference and adopted by a number of states. UCC, UPA, etc/ model of state law [ex: drinking age law has been adopted by all states]
Term
hiearchy of courts
Definition
State courts
1. FL county courts
2. FL circuit courts
3. FL District Court of appeals
4. FL Supreme Court
Term
Hiearchy of courts
Definition
U.S Courts
1. U.S District courts
2. U.S Circuit court of appeals
3. U.S Supreme court
Term
Legal analysis

Jackson bought a new car and was going to sell his old one for 2500. His cousin trina called and said she needed a car, so jackson said he'd give it to her for free. The next day a coworker offered 3500 for the car, and he sold it to the coworker instead. Did jackson have the right to sell the car or did he legally gave it to a Trina as a gift?
Definition
Because the donor(Jackson) didnt deliver the car to the doner(Trina), legally no gift was made, Jackson was free to sell the car
Term
ethical fundamentalism
Definition
indiv's look to a central authority or set of rules to guide them in ethical decision making
Term
ethical relativism
Definition
actions must be judged by what indiv's subjectively feel is right or wrong for themselves
Term
situational ethics
Definition
one must judge a person's actions by first putting oneself in the actor's situation. (put yourself in their shoes)
Term
utilitarianism
Definition
moral actions are those that produce the greatest net happiness for society as a whole compared with net pain (E.G Jeremy Bentham)
Term
act utilitarianism
Definition
assesses each act separately accoridng to whether it maximizes good over bad
Term
rule utilitarianism
Definition
supports rules that on balance produce the greatest pleasure for society
Term
cost-benefit analysis
Definition
quantifies the benefits and cost of alternatives.
Term
slander
Definition
spoken defamation
Term
appropriation of name or identity
Definition
unauthorized use of a person's identity
Term
intrusion into seclusion
Definition
unreasonable and offensive interference with the seclusion of another
Term
public disclosure of private facts
Definition
offensive publicity of private information
Term
false light
Definition
offensive and misleading publicity about another
Term
trespass
Definition
wrongfully entering land of another
Term
nuisance
Definition
notrespassory interference eercise of control over another's personal property
Term
conversion
Definition
unauthorized intentional exercise of control over another's personal property
Term
interfernce with contractual relations
Definition
intentionally causing one of the parties to contract not to perform
Term
disparagement
Definition
publication of false statements about another's property or products; ' business defamation'
Term
fraudulent misrepresation (fraud)
Definition
false statement, made with knowledge of its falsity, intended to induce another to act
Term
consent
Definition
a person may not recover for injury for an incident to which he willingly and knowingly consents.
Term
self-defense
Definition
a person may take appropriate action to prevent harm to himself where time does not allow resort to the law
Term
legal privilege
Definition
parties may be legally entitled to act in certain ways
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