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Legal Environment of Business Mid-term

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Legal Environment of Business Mid-term

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  • June 12, 2024
  • 8
  • 2023/2024
  • Exam (elaborations)
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Legal Environment of Business Mid-term
How is law defined? - ANS-law is a form of order. Law is the body of rules of society
governing individuals and their relationships

Public law - ANS-codified law; statutes; law by government body

Private law - ANS-rules created by individuals for their contracts, tenancy, and
employment

Civil law - ANS-laws regulating wrongful conduct and carrying sentences and fines

Statutory law - ANS-the body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law); codified law

Common law - ANS-law developed historically and by judicial precedent; that body of
law derived from judicial decisions or custom in English and US courts, not attributable
to a legislature

Substantive laws - ANS-laws giving rights and responsibilities; law that defines,
describes, regulates, and creates legal rights and obligations

Procedural laws - ANS-laws that provide enforcement rights; law that establishes the
methods of enforcing the rights established by substantive law

What are the purposes of law? - ANS-To keep order, influence conduct, honor
expectations, promote equality, offer compromises

What are the characteristics of law? - ANS-Flexibility, consistence, pervasivess

Jurisprudence - ANS-theory of law

Constitution - ANS-the document that establishes structure and authority of a
government

Federal statutes - ANS-laws passed by Congress: the U.S. Code

State statutes - ANS-laws passed by state legislatures, including uniform laws on
contracts and business organizations

, Ordinances - ANS-local laws passed by cities, counties and townships that becomes
part of that state's statutory law

Judicial review - ANS-a review of a trial court's decisions and verdict to determine
whether and reversible error was made

Appellate court - ANS-court responsible for review of trail court's decisions and verdict

Brief - ANS-written summary of basis for appeal of trial court's decisions and verdict

Reversible error - ANS-mistake by trial court that requires a retrial or modification of a
trial court's decision

What are the options for appellate court - ANS-reverse, remand, affirm, modify,

Stare decisis - ANS-Latin for "let the decision stand:; doctrine of reviewing, applying,
and/or distinguishing prior case decisions

Reverse - ANS-change court's decision

Remand - ANS-return case to trail court for retrial or reexamination of issues

Affirm - ANS-uphold trial court's decisions and verdict

Modify - ANS-overturn a portion of the trail court's verdict

Case opinion - ANS-written court decision used as precedent; contains dicta or
explanation or reasoning and often a minority view of dissenting opinion

Plaintiffs/petitioners - ANS-initiators of litigation

Defendants/respondents - ANS-parties named as those from whom plaintiff seeks relief

Lawyers - ANS-officers of the court who speak for plaintiffs and defendants

Attorney-client privilege - ANS-confidential protections for client conversations

Appellant - ANS-a party who appeals lower court's decision

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