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Laws enacted by legislative bodies other than the constitution. |
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A regulation enacted by a city or county that becomes part of that areas statutory law. |
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A code that facilities fair easy transactions among member states. |
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Laws that arrive via results from cases |
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Law developed from customs or court decisions. |
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A court decision that furnishes an example for deciding subsequent cases involving similar circumstances. |
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Judges make decisions based on previous cases. - Decisions of higher courts are binding - Do not overturn ruling |
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Compensation for being wronged by another party. |
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Person who initiates the lawsuit |
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Natural Law School of Thought |
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The belief that government and legal system should reflect moral and ethical principals that are human in nature. |
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Legal Positivism School of Thought |
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Centered on the assumption that there is no law higher than those of the national government. Laws must be obeyed. |
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Law is not simply the written law, but a product of the views of judicial decision makers, as well as social, economic, and contextual influences. |
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Laws that create, define and regulate legal rights and obligations. |
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Law that establishes the methods of enforcing the rights established by substantive law. |
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Punishment for bad practices that happened. |
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Should always maximize profits and shareholder happiness |
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Management is responsible first to shareholders but serves them best by being responsible to larger society |
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School of Social Responsibility |
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Managers should server the larger society. - Involvement in social issues - Encouraged involvment |
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A court that reviews the proceedings of a lower court, no new evidence and takes place in front of a panel of judges. - Decisions binding on that court and all lower courts. |
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A case that is heard by all the judges of a court. |
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A ruling by an appellate court that requires further review |
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Party appealing the lower court’s decision |
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Party who won below and is not appealing |
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Subject Matter Jurisdiction |
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Jurisdiction over the subject matter of the case |
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General trial court of the federal system. Subject matter jurisdiction when one party is the US government.
- Apply state Law - 97 Federal Districts |
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Court that deals will with documents and guardianship. |
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A plaintiff must have some reason for bringing a law suit. |
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When a court deals with an item in a certain place. |
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Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges and defenses involved in the litigation. |
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A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiffs complaint. |
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The defendant's response to the plaintiff. |
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Written questions and answers under oath |
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A request for material that your opponent has. |
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The process of jury selection. |
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The simplest ADR method, it involved parties talking with or with out their attournies present. |
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A neutral 3rd party meets with the parties and emphasized points of agreement to help them resolve their dispute. |
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Parties present their arguments and evidence before and arbitrator, then renders a decision, may be binding. |
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Gibbson Vs.Ogden - Government has the right to regulate things that involve interstate commerce. |
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In case of direct conflict between state and federal law, state law is invalid. |
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Citizens United v. Federal Election Commission |
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Supreme Court ruled that corporations can spend freely to support or oppose candidates for President and Congress |
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bars government from establishing a state-sponsored religion, or passing laws that favor one over the other |
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Procedures depriving an individual of her rights must be fair and equitable.
- Removal of drivers license |
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Laws limiting fundamental rights (speech, privacy, religion) must have a “compelling state interest.” |
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