FGCU BUL 3130 Exam 1 Study Guide.
Law - answera 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
jurisprudence - answerthe science or philosophy of law
c...
Law - answer✔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
jurisprudence - answer✔the science or philosophy of law
counsel - answer✔(attorney)
business owners and managers work with counsel in one of two formats:
1. in-house counsel
2. law firms
statutory law - answer✔The body of law created by the legislature and approved by the
executive branch of state and federal government
ordinances - answer✔written laws at local level, generally regulate issues such as zoning/health
& safety regulations
plain meaning rule - answer✔if words in statute have clear/understood meanings, court will
apply it in accordance with rule
statutory scheme - answer✔the structure of a statute and the format of its mandates
common law - answer✔law that is made by the courts, not the legislature
administrative law - answer✔source of law that regulates the exercise of authority by
government agencies
(AKA agency law)
stare decisis - answer✔the principle that similar cases with similar facts and issues should have
the same judicial outcome
precedent - answer✔applying the law made in previous cases to current cases with similar facts
secondary sources of law - answer✔1. restatements of the law
2. model state statutes drafted legal experts as a model for state legislatures to adopt
criminal law - answer✔designed to protect society that result in penalties to the violator such as
fines or imprisonment
civil law - answer✔laws designed to compensate parties for losses (ex: money) as a result of
another's conduct
substantive law - answer✔provide individuals with rights and create certain duties
procedural law - answer✔provide a structure and set out rules for pursuing substantive rights
equitable remedies - answer✔generally include an injunction or restraining order
public law - answer✔laws derived from some government entity
private law - answer✔laws recognized as binding between two parties even though no specific
statute or regulation provides for the rights of the parties
Arizona vs. United States case - answer✔the federal law overpowered the state immigration
laws of Arizona
U.S. vs Ulbricht case - answer✔ruled that Bitcoin is still considered a valid exchange of
currency (one can money launder using Bitcoin)
Flagiello vs. Pennsylvania Hospital - answer✔because Flagiello was a paying patient, the stare
decisis overruled her claim of being injured in the hospital
role of the judiciary - answer✔1. courts adjust cases
2. certain courts are charged with responsibility of judicial review
state court - answer✔-adjudicates cases arising under state statutes, state common law, or state
constitutional law
-majority of the court cases in U.S.
state appellate courts - answer✔review the decisions of trial courts
federal court - answer✔concerned primarily with national laws, federal constitutional issues,
etc.
plaintiff - answer✔one who begins a lawsuit
defendant - answer✔an individual or group being sued or charged with a crime
trial de novo - answer✔a form of appeal in which the appeals court conducts a new trial as if
the original trial had never occurred
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