WGU Business Law C713 exam questions and answers 2024

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 agencies are created by congress regulations laws created by government agencies treaties made by the president, ratified by senate by 2/3rds stare decisis let the decision stand Legal Positivism Law is what the ruling power says it is. Legal Realism It does not matter what is written as law, only those who enforce the law and how they enforce it. Natural Law A body of unchanging moral principles regarded as a basis for all human conduct administrative law laws made by an administrative agencies Reasons for a new law New issue, unpopular judicial ruling, criminal law. Three steps in statutory interpretation Plain meaning rule, Legislative history and intent, Public policy first administrative agency ICC Interstate Commerce Commission (trains) executive agencies federal agencies, under the president's control independent agencies agencies not under presidential control How is an agency created? Congress passing enabling legislation Legislative rules agency rules that act as statutes Interpretive rules agency rules that are an interpretation of what the law already requires Informal Rulemaking Notice and comment method Formal Rulemaking Congress requires an agency to hold a public hearing where affected parties can question agency experts. administrative law judge An agency employee who acts as an impartial decision maker unintentional tort Negligence that leads to injury, property damage, or financial loss. elements a plaintiff must prove to win negligence Duty of care, breach, factual cause, proximate cause, damages duty of care Each of us has a duty to behave as a reasonable person would under the circumstances breach of duty if a legal duty of care exists, then a plaintiff must show that the defendant did not meet it negligence per se When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a member of that group, the defendant has committed negligence per se. A plaintiff that can show this need not prove breach of duty factual cause If the defendant's breach led to the ultimate harm proximate cause For the defendant to be liable, the type of harm must have been reasonably foreseeable res ipsa loquitur "the thing speaks for itself" the facts imply that the defendant's negligence caused the accident, unless the defendant can prove otherwise voir dire to speak the truth assumption of risk A person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured contributory negligence if the plaintiff is even slightly negligent, they recover nothng comparative negligence a plaintiff may generally recover even if they are partially responsible strict liability A branch of tort law that imposes a much higher level of liability when harm results from ultra hazardous acts or defective products ultrahazardous activity a defendant engaging in this activity is almost always liable for any harm that results and plaintiffs do not have to prove duty or breach or foreseeable harm challenges for cause claiming a juror has demonstrated probable bias peremptory challenges The right to excuse a juror for for virtually any reason preponderance of the evidence Used in civil courts, this is used to show that there is a greater than 50% chance, based upon all of the reasonable evidence, that the defendant did wrong and caused damage. directed verdict a ruling that the plaintiff has entirely failed to prove some aspect of her case harmless error a mistake by the trial judge that was too minor to affect the outcome arbitration a neutral third party that has the power to impose an award Elements required to create a contract Offer, acceptance, consideration, legality, capacity, consent, writing bilateral contract both parties make a promise unilateral contract one party makes a promise that the other party can accept only by actually doing something executory contract a contract that has been made but the conditions have not yet been fulfilled executed contract when all parties have fulfilled their obligations valid contract satisfies all of the law's requirements. unenforceable agreement occurs when the parties intend to form a valid bargain, but a court declares that some rule of law prevents enforcing it voidable contract A contract that can be enforced, usually used when only one party is bound to the contract. void agreement Agreements that are contrary to law. promissory estoppel A promise is enforceable by law, even if made without formal consideration. quasi-contract An obligation that one party has to another, as determined by a court, when an actual contract does not exist. Uniform Commercial Code governs many aspects of commerce, trade, negotiable instruments, bank deposits, letters of credit, investment securities, secured transactions, and other commercial matters