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MGT 3410 Midterm 1
Business Law Units: Intro, Torts, Negligence, Contracts, Agency
| Term | Definition |
|---|---|
| Classification of Law | 1. substantive and procedural 2. public and private 3. civil and criminal |
| substantive law | creates, defines, and regulates legal rights and duties |
| procedural law | sets forth rules for enforcing those rights that exist by reason of the substantive law |
| public law | branch of substantive law that deals with the governments rights and power and its relationship to individuals and groups |
| private law | part of substantive law governing individuals and legal entities in their relationships with one another |
| sources of law (4) | supreme law: constitution: sets up entire govt and powers judicial review: supreme court determines constitutionality of all laws |
| Judicial law (4): | 1.common law 2.adversary system 3.civil law 4.inquisitorial system |
| common law | relies on judiciary as a source of law and on the adversary system to settle disputes |
| adversary system | parties, not court initiate and conduct litigation |
| civil law | depend on comprehensive legislative enactments and an inquisitorial system |
| inquisitorial system | the judiciary intiates litigation, investigates pertinent facts and conducts presentation of evidence |
| Federal Courts (4) | district courts court of appeals supreme court special courts |
| district court | general trial courts in fed system |
| court of appeals | determine whether prejudicial error has occurred and then reverse, modify, affirm, or remand |
| supreme court | highest tribunal court with 9 justices |
| special courts | US court of federal claims, bankruptcy court, tax court, court of appeals |
| State courts (3) | inferior trial courts trial courts appelate courts |
| inferior trial courts | decide the least serious criminal and civil matters small claims court:hears trials for limited amt of $ |
| trial courts | hear civil and criminal cases other than minor offenses |
| appellate courts | summit of state court system "supreme court of state" |
| Rule on Fed Jurisdiction: | exclusive only if congress says so, otherwise they share it with the state governments |
| Exclusive Fed Jurisdiction (8) | federal crimes bankruptcy patents copyrights and trademarks admiralty antitrust suits against US specified fed statutes |
| Concurrent jurisdiction | Federal questions Diversity of Citizenship |
| Jurisdiction over parties (3) | in personam:control parties in rem:control of property to settle ownership dispute attachment:take property to receive payment unrelated to dispute |
| demurrer | failure to state claim and thus throw out case-type of pretrial motion |
| pretrial procedure 4 | judgement on pleadings discovery:get evidence pretrial conference:simplify issue, try settle summary judgement:final binding determination on merits by judge |
| Trial procedure(7): | Jury Selection conduct of trial-present evidence jury instructions verdict motions challenging verdict appeal enforcement |
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