BLAW Chap 1

BLAW Chap 1 Business Law Final Review
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law based on statuatory codification of law, law exists primarily in statute, romano-germanic
 
civil law
law based on written judicial decisions that establish precedent
 
common law
Continental Europe, Latin America, Japan, Former french colonies, Spain
 
civil law
United Kingdom, canada, new zealand, Jamaica, U.S. India
 
common law
law dealing with regulation of society
 
public law
law dealing with issues that concern private resource relationships
 
private law
constitutional law-private or public?
 
public
administrative law- public or private?
 
public
criminal law-public or private?
 
public
property law- public or private?
 
private
contract law-public or private?
 
private
tort law-public or private?
 
private
law dealing with private rights between people
 
civil law
law dealing with offenses against society at large
 
criminal law
involves torts & contracts, damages, and results in no punishment
 
civil law
prosecuted by gov;t and results in punishment
 
criminal law
THE WHAT- the part of the law creating, defining, and regulating rights, duties, and powers
 
substantive law
THE HOW- the part of the law telling the methods/means for having duties enforces
 
procedural law
sources of law
 
constitution,legislation,administrative regulations, judicial decisions/case law
formal written laws
 
legislation
adopt rules and regulations, investigate and hold hearings, and criminally prosecute

includes EPA/SEC/OSHA
 
Administrative regulations
advantages of precedent
 
certainty, predictability, stability
disadvantages of precedent
 
volumes of cases, conflicting precedents, dicta, rejection of precedent, conflict of law
reasons
 
opinions
a court's decision on the same issue within the same jurisdiction should generally be follow by other courts with the same jurisdiction in subsequent cases
 
stare decisis
opinions of a judge that go beyond the facts of the case
 
dicta
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