C713 - Study guides, Class notes & Summaries

What is the principal source of stare decisis and precedent? A) Constitutional Law B) Administrative Law C) Statutory Law D) Common Law - CORRECT ANSWER Common Law A rent-to-own store offered for sale a sofa that was manufactured in a foreign county. The store intentionally represented that the sofa was made from leather, but in reality it was made from vinyl. A consumer used a credit card to purchase the sofa and hopes the Federal Trade Commission regulations can help resolve ...

precedent - the tendency to decide current rulings based on previous cases, only binding in lower courts common law - judge made law, often created through many precedents judicial power - gives the right to interpret laws and determine their validity statutes - legislature to become a law laws - bill (congress), simple majority in house and senate -> president (veto power) -> 2/3 in house and senate -> statute injunction - order to stop doing something true - most government ag...

Negligence Failure to exercise appropriate and or ethically ruled care expected to be exercised among specific circumstances. *Duty of Care, breach, proximate cause, and damages must be established in negligence case *court will typically compare the actions of the defendant to a "reasonable person" Mailbox Rule Acceptance is affected upon sending out the letter, not receiving it. Trespass to Land When someone enters onto, above, or below the surface of land owned by som...

Business Law C713 Exam 228 Questions with Verified Answers..

intangible creative work that is embodied in physical form and includes copyrights, trademarks, and patents intellectual property Patent An exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem. Copyright The right to exclude others from using or marketing forms of expression. Trademark The right to prevent others from using a company's product nam...

What purpose does the law serve in our society? -To resolve conflicts in our society without the ise of volence. What are the three branches of government? - Executive, Legislative, and Judicial What is Statutory Law? - Law that is created by a legislative body, known as congress, at the federal Level. What is common Law? -Is Judge-Made Law. It is law that comes from previous Judge rulings in similar cases. What is administrative Law? - A branch of law that governs the creation and operat...

What is the principal source of stare decisis and precedent? A) Constitutional Law B) Administrative Law C) Statutory Law D) Common Law Common Law A rent-to-own store offered for sale a sofa that was manufactured in a foreign county. The store intentionally represented that the sofa was made from leather, but in reality it was made from vinyl. A consumer used a credit card to purchase the sofa and hopes the Federal Trade Commission regulations can help resolve the dispute. How w...

Which kind of law is made when an appellate court endorses a rule to be used in deciding court cases? -Constitutional law -Common law -Statutory law -Administrative law Common law is made when an appellate court endorses a rule to be used in deciding court cases - ️️Common law Which kind of law is based on the interpretation of an existing law? -Administrative law -Constitutional law -Statutory law -Common law Common law is based on the judicial interpretation of existin...

The legal system in the United States is comprised of 1) both state and federal constitutions 2) statutes and agency regulations 3) judicial decisions Local and state laws may not conflict with federal laws Primary sources of law constitutional law, statutory law, common law, and administrative law the law serves to 1) keep the peace 2) maintain the status quo 3) preserve individual rights 4) protect minorities against majorities 5) promote social justice 6) provi...

buyer invests money in a common enterprise and expects profit from others work - Security Government securities, bank securities, short term notes, non profit issues, insurance policy, annuity contracts - Exempt Securities Federal agency that enforces securities laws. - SEC (Securities and Exchange Commission) Bring cease and desist order against those who violate the law and can levy fines or confiscate profits from illegal transactions. - Functions of SEC Criminal action for SEC vio...