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Flashcards in Module 1 Deck (172)
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1

Definition of Law

A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong. (Blackstone)

2

Functions of Law

To maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change.

3

Legal Sanctions

Means by which the law enforces the decisions of the courts

4

Law and Morals

Different but overlapping; law provides sanctions, while morals do not.

5

Law and Justice

Are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good.

6

Right

Legal capacity to require another person to perform or refrain from performing an act.

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Duty

Legal obligation requiring a person to perform or refrain from performing an act.

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Substantive Law

Law creating rights and duties

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Procedural Law

Rules for enforcing substantive law

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Public Law

substantive law dealing with the relationship between government and individuals

11

Private Law

substantive law governing the relationships among individuals and legal entities

12

Civil Law

law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity

13

Criminal Law

law establishing duties which, if violated, constitute a wrong against the entire community

14

Prosecute

To bring a criminal proceeding

15

Constitutional Law

Fundamental law of a government establishing its powers and limitations

16

Judicial Review

the authority of the courts to determine the constitutionality of legislative and executive acts

17

Judicial Law - Common Law System

uses a body of law developed by the courts under an adversary system in which opposing parties initiate and present their cases

18

Judicial Law - Civil Law System

depend on comprehensive legislative enactments (called codes) and an inquisitorial system in which the judiciary initiates litigation, investigates pertinent facts, and presents evidence

19

Judicial Law - Common Law

the body of law that serves as precedent for determining later controversies; basis for the principle of stare decisis

20

Judicial Law - Equity

system based on principles distinct from common law and providing different remedies

21

Judicial Law - Restatements of Law

an orderly restatement of the general common law of the United States, including law developed by judicial decision and law that has grown from judicial application of statutes; written by lawyers, judges and law professors

22

Stare Decisis

Principle that courts should apply rules decided in prior cases in deciding substantially similar cases.

23

Tort

Private or civil wrong or injury, other than breach of contract, for which a court will provide a remedy in the form of an action for damages.
three elements of every tort action are the existence of legal duty from defendant to plaintiff, breach of that duty, and damage as proximate result.

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Decree

Decision of a court of equity

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Specific Performance

Decree ordering a party to perform a contractual duty

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Injunction

Decree ordering a party to do or refrain from doing a specified act

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Reformation

Equitable remedy rewriting a contract to conform with the original intent of the contracting parties

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Rescission

An equitable remedy invalidating a contract

29

Legislative Law

Statutes adopted by legislative bodies; includes treaties and executive orders

30

Administrative Law

Rules, regulations, orders, and decisions made by administrative agencies