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Consensus perspective states that law is an attempt to satisfy, reconcile,
harmonize, and adjust conflicting claims and demands. More holistic view.
Conflict perspective considers society as consisting of individuals and
groups characterized by conflict and that law is needed because
individuals try to maximize their assets in a world of limited resources and
goods.
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What is the importance of a
Business Law course in a business Difference between consensus and
1 2
setting and how can a conflict perspectives?
businessperson utilize this course?
What are the objectives of a legal
3 4 Equity
system?
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, Terms in this set (115)
What is the importance Law and business intersect in two ways, (1) law
of a Business Law course controls the relationships between business parties
in a business setting and and (2) provides a mechanism by which government
how can a regulates business behavior
businessperson utilize
this course?
Ratio decidendi The court's reasoning for its decision
The system of rules which a particular country or
community recognizes as regulating the actions of
Law
its members and which it may enforce by the
imposition of penalties
Medieval legal system mainly in Europe that
Law Merchant
established practical rules of commerce and trade
A branch of law that focuses on dispute resolution
Equity
related to fairness and justness, not damages
Let the decision stand, guidance of precedent
Stare decisis
stating that like cases should be decided alike
"The thing has been decided." A claim cannot be
Res judicata retried between the same parties if it has already
been legally resolved.
statements made in a judicial opinion that are not
Dicta
essential to the decision of the case
Substantive law regulates and controls the rights
Difference between
and duties of persons and are used to resolve
substantive and
disputes while Procedural law establishes the
procedural law?
process by which litigation is conducted
Public law involves constitutional law, administrative
law, and criminal law
Different between public
and private law? Private law pertains to the relationships between
individuals and consists of contracts, torts, and
property