BMGT 380 - Business Law Midterm #1 Questions And Answers With Verified Tests 100% Correct Answers
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Course
BMGT 380 - Business Law
Institution
BMGT 380 - Business Law
Federal Court of Appeals - ️️Circuit courts that hear appeals from the district courts
within their respective federal judicial circuit and are considered to be very powerful and
influential in their own right. 1-11 are for their respective states, the 12th is DC circuit
court of appeals, an...
BMGT 380 - Business Law Midterm #1
Federal Court of Appeals - ✔️✔️Circuit courts that hear appeals from the district courts
within their respective federal judicial circuit and are considered to be very powerful and
influential in their own right. 1-11 are for their respective states, the 12th is DC circuit
court of appeals, and the 13th is the Federal circuit (hears appeals from specialized
federal courts).
Functions of Law - ✔️✔️1. Peace keeping
2. Control government power
3. Promoting people's reasonable expectations
4. Promoting economic growth through free competition
5. Promoting social justice
6. Protecting the environment
Constitutional Law - ✔️✔️Law that involves the interpretation and application of the
U.S. Constitution and state constitutions; DC's version is called a charter.
Statutory Law - ✔️✔️Law that comes from statues - pieces of proposed legislation that
later became a law.
Common Law - ✔️✔️A legal system based on custom and court rulings. Precedence -
judgements used in previous cases that can be applied to provide a relevant ruling.
Administrative (Regulations and Decisions) - ✔️✔️Similar to statues, but created by a
legal agency.
Treaties - ✔️✔️Formal agreements with other countries - does not become source of
law until two-thirds of the Senate approves.
Oridance - ✔️✔️A local law - like a statue, but on a smaller scale.
Executive Orders - ✔️✔️Formal orders issued by the president to bypass the
Legislator. Supreme Court is the only entity that can control these orders.
Priority Rules - ✔️✔️When constitution and laws conflict, the following rules must be
applied:
1. Constitution trumps all other sources of law
2. Federal statues trump conflicting state statues and state constitutions
3. Statues trump Common Law and Administrative Regulations
4. Administrative Regulations trump a conflicting Common Law Rule
Classification of Law - ✔️✔️1. Criminal vs Civil
, 2. Substantive vs Procedural
3. Public vs Private
Criminal Law - ✔️✔️A law that defines crimes against the public order.
Civil Law - ✔️✔️The system of law concerned with private relations between members
of a community rather than criminal, military, or religious affairs.
Substantive Law - ✔️✔️Law that defines, describes, regulates, and creates legal rights
and obligations.
Procedural Law - ✔️✔️Law that establishes the methods of enforcing the rights
established by substantive law.
Public Parties - ✔️✔️Lawsuit of the government vs private party
Legal 7 Sources of Law - ✔️✔️Constitutional
Statutory
Common
Administrative (Regulations and Decisions)
Treaties
Ordinances
Executive Orders
Reasoning - ✔️✔️The reasoning process used by judges in deciding what law applies
to a given dispute and then applying that law to the specific facts or circumstances of
the case
Case Law Reasoning - ✔️✔️Precedence: A similar case can be used in future cases,
but does NOT apply across state boarders.
"Stare Decisis" - ✔️✔️Let the decision stand; decisions are based on precedents from
previous cases
Statutory Interpretation - ✔️✔️The process by which courts interpret and apply
legislation. Statues can be ambiguous, so judges must take the specifics into
consideration to make a ruling.
Limits on Courts Power - ✔️✔️1. No advisory opinions - ripeness, mootness, standing
to sue
2. Precedent
3. Review of published opinions
4. Fear of reversal
5. Political factors - appointed, impeachment, other forms of discipline
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