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BLAW 341 PSU EXAM 1 – Grieves Questions and Answers 100% Solved
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BLAW 341 PSU EXAM 1 – Grieves Questions and Answers 100% Solved Analyzing Cases - FIRAC Method - 1. find FACTS of the case 2. look for the legal ISSUES 3. decide which RULE of law applies 4. use the rule and APPLY it to the case 5. CONCLUDE your findings Law - a set of enforceable rules th...

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  • December 21, 2024
  • 35
  • 2024/2025
  • Exam (elaborations)
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BLAW 341 PSU EXAM 1 – Grieves

Questions and Answers 100% Solved


Analyzing Cases - FIRAC Method - ✔✔1. find FACTS of the case

2. look for the legal ISSUES

3. decide which RULE of law applies

4. use the rule and APPLY it to the case

5. CONCLUDE your findings

Law - ✔✔a set of enforceable rules that regulates the conduct of

individuals, businesses and other organizations within society

How does the law serve society? - ✔✔- keeps the peace (prevents conflict)

- create a set of rules people can refer to

- gives protected property rights

Liability - ✔✔The state of being legally responsible (liable) for something,

such as a debt or obligation.

Businesses must think about... - ✔✔- risk of loss

- many different laws affect a single business transaction



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,legal concepts are useful for business persons in the following fields: - ✔✔-

corporate management

- production and transportation

- marketing

- Research and development

- Accounting and finance

- Human resource management

2 major sources of American Law - ✔✔- Primary source

- Secondary source

Primary source - ✔✔a document that establishes the law on a particular

issue; follow primary source first before moving on to secondary source

Example of Primary Sources - ✔✔- US Constitution and constitutions of

various states

- Statutory law

- Administrative law

- Case law

U.S. Constitution and constitutions of various states - ✔✔- creates the

structure that all other law is based upon; if a law conflicts with the

Constitution, the Constitution always wins


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,- state constitutions can ADD more protections to US Constitution, but

cannot conflict with it

Statutory Law - ✔✔laws passed by US Congress, state legislatures, and

local governing bodies

Administrative Law - ✔✔- regulations created by administrative agencies

(ex. SEC, IRS, FDA)

Case Law pt 1 - ✔✔- court decisions

- in civil law countries (France, China, Italy) this type of primary source

does not exist; courts do not produce primary sources

Secondary source - ✔✔a publication that summarizes or interprets the law,

such as legal encyclopedia, a legal treatise, or and article in a law review

Case Law - ✔✔- Case law consists of judicial interpretations of

constitutional provisions, statutes and administrative regulations.

- doctrines and principles announced in cases - governs all areas NOT

covered by statutory law or administrative law.

- Case law is part of the common law tradition.

Common Law tradition - ✔✔Early English courts

- kings courts started after Norman conquest of 1066




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, - Established the common law- body of general legal principles applied

throughout the English Empire

- Kings court used precedent to build the common law

As legislatures continue to enact laws today... - ✔✔we begin to "erase" or

update the common laws regarding the same decision. If legislation is

passed it wins over common law.

Stare Decisis - ✔✔"to stand on decided cases" (if there is a precedent, the

courts follow that precedent)

Judges are obligated to follow the precedent within their jurisdicitions - ✔✔-

a higher courts decision based on certain facts and law, is a binding

authority on lower courts

- courts may depart from the rule of precedents

Stare Decisis helps courts... - ✔✔stay efficient and makes the law more

stable, predictable, and durable

Remedy - ✔✔means to enforce a right or compensate for injury to that

right. Most common is money damages

Remedies at Law - ✔✔in king's courts, remedies were restricted to

damages in either money or property

Remedies in equity - ✔✔- founded on notions of justice and fair dealing.


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