Shared Flashcard Set

Details

Exam 1
Ch. 1
21
Management
Not Applicable
01/30/2007

Additional Management Flashcards

 


 

Cards

Term
Two Roles of law
Definition
dispute
regulate
Term
law
Definition
rules and regulations that determine how the govt will treat its citzens and how the citizens will treat govt
Term
statues
Definition
laws passsed by congress
Term
executive order
Definition
laws created by the prez
Term
stare decisis
Definition
previously decided cases should be followed unless there is a good legal reason to change the the previosu decision
Term
precedent
Definition
established answer a court comes to after hearing the set of facts about a case
Term
common law
Definition
law made by judge decision (stare decisis)
Term
judicial interpretation
Definition
judges interpreting the laws in their own ways or to fit at particular case
Term
legislative intent
Definition
when judges look to previous cases similiar to the one their dealing with to interpret law accurately
Term
judicial review
Definition
power to declare and act of congress or the prez unconstitutional
Term
commerce clause
Definition
most important const. provision concerning federal govt's regulation of business empowers the United States Congress to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes
Term
Uniform Commercial Code
Definition
one of the uniform acts that has been made public in attempts to harmonize the law of sales and other commercial transactions in all 50 states
Term
private law
Definition
when a case is based on rights and duties b/w two private parties
Term
public law
Definition
cases that deal with a private party and the govt
Term
criminal law
Definition
prevents crime and punishs criminals; always statuatory in nature
Term
civil law
Definition
law that provides remedies for people or entities that have been wronged by another person or entity; purpose is reimbursment or restitution and not punishment.
Term
substantive laws
Definition
defines rights and duites
Term
procedural law
Definition
define that procedural means through which violations of rights and duties are remedied
Term
equity
Definition
are of the law seperate from common law; developed in england at the same time as the common law; purpose is to avoid unjust results from occuring from strictly following rules of the common law.
Term
injunction
Definition
is an equitable remedy in the form of a court order whereby a party is required to do or to refrain from doing certain acts
Term
equitable remedies
Definition
involve a court order to do or not to do something
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