private law - ️️laws recognized as binding between two parties even though no
specific statute or regulation provides for the rights of the parties
jurisprudence - ️️the science or philosophy of law
counsel - ️️(attorney)
business owners and managers work with counsel in one of two ...
FGCU BUL 3130 Exam 1
private law - ✔️✔️laws recognized as binding between two parties even though no
specific statute or regulation provides for the rights of the parties
jurisprudence - ✔️✔️the science or philosophy of law
counsel - ✔️✔️(attorney)
business owners and managers work with counsel in one of two formats:
1. in-house counsel
2. law firms
statutory law - ✔️✔️The body of law created by the legislature and approved by the
executive branch of state and federal government
ordinances - ✔️✔️written laws at local level, generally regulate issues such as
zoning/health & safety regulations
plain meaning rule - ✔️✔️if words in statute have clear/understood meanings, court will
apply it in accordance with rule
statutory scheme - ✔️✔️the structure of a statute and the format of its mandates
common law - ✔️✔️law that is made by the courts, not the legislature
administrative law - ✔️✔️source of law that regulates the exercise of authority by
government agencies
(AKA agency law)
law - ✔️✔️a body of rules of action or conduct prescribed by controlling authority and
having binding legal force
-creates duties, obligations, and rights that reflect accepted views of a given society
stare decisis - ✔️✔️the principle that similar cases with similar facts and issues should
have the same judicial outcome
precedent - ✔️✔️applying the law made in previous cases to current cases with similar
facts
secondary sources of law - ✔️✔️1. restatements of the law
2. model state statutes drafted legal experts as a model for state legislatures to adopt
, **secondary sources have no independent authority, nor are they legally binding
criminal law - ✔️✔️designed to protect society that result in penalties to the violator
such as fines or imprisonment
civil law - ✔️✔️laws designed to compensate parties for losses (ex: money) as a result
of another's conduct
substantive law - ✔️✔️provide individuals with rights and create certain duties
procedural law - ✔️✔️provide a structure and set out rules for pursuing substantive
rights
equitable remedies - ✔️✔️generally include an injunction or restraining order
public law - ✔️✔️laws derived from some government entity
Arizona vs. United States case - ✔️✔️the federal law overpowered the state
immigration laws of Arizona
U.S. vs Ulbricht case - ✔️✔️ruled that Bitcoin is still considered a valid exchange of
currency (one can money launder using Bitcoin)
Flagiello vs. Pennsylvania Hospital - ✔️✔️because Flagiello was a paying patient, the
stare decisis overruled her claim of being injured in the hospital
role of the judiciary - ✔️✔️1. courts adjust cases
2. certain courts are charged with responsibility of judicial review
state appellate courts - ✔️✔️review the decisions of trial courts
federal court - ✔️✔️concerned primarily with national laws, federal constitutional
issues, etc.
plaintiff - ✔️✔️one who begins a lawsuit
defendant - ✔️✔️an individual or group being sued or charged with a crime
trial de novo - ✔️✔️a form of appeal in which the appeals court conducts a new trial as
if the original trial had never occurred
remand - ✔️✔️to send a case back to a lower court to be tried again
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