Business Law- Baylor Agee- Final exam Question and Answers 202

Business Law- Baylor Agee- Final exam Question and Answers 2024 What are the functions of law to resolve disputes, protect property, preserve the state (government) Substantive law creates, defines, and regulates legal rights and duties Procedural law (process) sets forth rules of enforcing those rights that are created by the substantive laws Public law laws that deal with the government's rights and powers and it relationship to individuals or groups Private law part of substantive law governing individuals and legal entities (such as corporations) in their relationship with one another Civil law (private) defendant must be proved guilty with the preponderance of the evidence Criminal law (public) defendant must be proved guilty beyond reasonable doubt Judicial review Allows the court to determine the constitutionality of laws stare decisis "let the decision stand" equitable remedies Injunctions, precision, restitution, and any other relief which the court deems proper restatement of law summaries of the common law; covers many areas; it is persuasive but not binding on courts Legislative law Law created by lawmaking bodies such as Congress and state assemblies. Also called statutory law. Uniform laws state statutes that have been passed to promote uniformity in some areas of the law. EX: UCC Administrative law Branch of public law, governs powers and procedures of governmental entities. Law is created by administrative agencies in forms of rules, regulations and order Case citation Name of plaintiff and defendant, volume and page of reporter, and year of decision Court system order (District) Trial courts -> Courts of Appeals -> Supreme court Inferior courts Municipal, justice of the peace, small claims Special Courts US court of claims, US bankruptcy court, US Tax court. Usually have exclusive federal jurisdiction for particular type of case Subject matter Jurisdiction "will the case be tried in federal or state court?" Jurisdiction over parties "will the judgement of the court be binding on the parties?" 3 kinds of SMJ Exclusive Federal jurisdiction, Concurrent jurisdiction, Exclusive State jurisdiction Exclusive Federal Jurisdiction if ONLY a federal court can decide controversy, then have EXCLUSIVE federal jurisdiction Concurrent Jurisdiction if EITHER state court or federal can decide case, then have CONCURRENT jurisdiction. 2 situations of concurrent jurisdiction Federal question (concurrent) the dispute arises under the US constitution, federal statutes that do NOT require exclusive federal jurisdiction, or treaties. Ex: First Amendment violation (freedom of speech); Title VII discrimination law Diversity of citizenship (concurrent) Normally occurs when plaintiff & defendant are citizens of differ