BLAW Chap 1

26 cards

Business Law Final Review


 
  
Created Dec 14, 2011
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sw930734

 

 
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  Side A   Side B
1
law based on statuatory codification of law, law exists primarily in statute, romano-germanic
 
civil law
2
law based on written judicial decisions that establish precedent
 
common law
3
Continental Europe, Latin America, Japan, Former french colonies, Spain
 
civil law
4
United Kingdom, canada, new zealand, Jamaica, U.S. India
 
common law
5
law dealing with regulation of society
 
public law
6
law dealing with issues that concern private resource relationships
 
private law
7
constitutional law-private or public?
 
public
8
administrative law- public or private?
 
public
9
criminal law-public or private?
 
public
10
property law- public or private?
 
private
11
contract law-public or private?
 
private
12
tort law-public or private?
 
private
13
law dealing with private rights between people
 
civil law
14
law dealing with offenses against society at large
 
criminal law
15
involves torts & contracts, damages, and results in no punishment
 
civil law
16
prosecuted by gov;t and results in punishment
 
criminal law
17
THE WHAT- the part of the law creating, defining, and regulating rights, duties, and powers
 
substantive law
18
THE HOW- the part of the law telling the methods/means for having duties enforces
 
procedural law
19
sources of law
 
constitution,legislation,administrative regulations, judicial decisions/case law
20
formal written laws
 
legislation
21
adopt rules and regulations, investigate and hold hearings, and criminally prosecute

includes...
 
Administrative regulations
22
advantages of precedent
 
certainty, predictability, stability
23
disadvantages of precedent
 
volumes of cases, conflicting precedents, dicta, rejection of precedent, conflict of law
24
reasons
 
opinions
25
a court's decision on the same issue within the same jurisdiction should generally be follow...
 
stare decisis
26
opinions of a judge that go beyond the facts of the case
 
dicta


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