LAW 2150- Test #1
US Congress enacts new federal statute that imposes liability on businesses hiring employees
without verifying their citizenship status. This statue applies to:
all of the states
Provision in CA state constitution conflicts w/ provision in US Constitution. Who wins?
US Constitution.
Much of American law based on:
English legal system
Charles is a federal judge whose judicial decisions are part of case law, doesn't include
interpretations of:
Sound bytes in the media
Larry enters into a contract w/ Motivational Education Services to host a panel discussion @ a
sales conference. When conference is postponed indefinitely, Larry asks court to cancel
contract & return parties to positions held before its formation. Request involves:
rescission
Bob's Big Burgers n'Shakes Restaurant brings a suit, seeking a remedy at law. Remedy at law:
monetary damages
Maggie & Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the
car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform
what's promised is:
specific performance
To Sam, the written law of a particular society @ a particular time is most significant. Sam is a:
Legal positivist or person who adheres to historical school of legal thought
Different sources of law
* Case
* Administration: priority over state regulation
* Statutory: most important
* Constitution
, Why uniform law movement caught fire
helped commercial community (type of state law)
Most important uniform law
UCC (adopted by all states; on commerce)
Duty-based ethics
underlying duty from a set of rules that don't change over time (religion or philosophical based)
Situation-based ethics
situation dictates action -> nothing universal (utilitarianism= business philosophy of CBA)
Doctrine of Stare Decisis
Use of precedent for case resolution; provides law stability & consistency
1) ct shouldn't overturn own precedents w/o compelling reason to do so
2) decisions by higher ct are binding to lower cts
Civil Cases
1) Indiv. wrong
2) Sanction- $ damage
3) Standard- majority evidence
4) Sources, case law, regulations
Criminal Cases
1) Society wrong
2) Fine and/or imprisonment
3) Beyond reasonable doubt
4) Source, statue declaring act to be substance/procedure
Substantive law
includes case & statutory law that defines legal rights & responsibilites
Procedural law
enforcement of substantive law
Appellate (reviewing)
1) case appealed
2) Q's of law
US Congress enacts new federal statute that imposes liability on businesses hiring employees
without verifying their citizenship status. This statue applies to:
all of the states
Provision in CA state constitution conflicts w/ provision in US Constitution. Who wins?
US Constitution.
Much of American law based on:
English legal system
Charles is a federal judge whose judicial decisions are part of case law, doesn't include
interpretations of:
Sound bytes in the media
Larry enters into a contract w/ Motivational Education Services to host a panel discussion @ a
sales conference. When conference is postponed indefinitely, Larry asks court to cancel
contract & return parties to positions held before its formation. Request involves:
rescission
Bob's Big Burgers n'Shakes Restaurant brings a suit, seeking a remedy at law. Remedy at law:
monetary damages
Maggie & Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the
car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform
what's promised is:
specific performance
To Sam, the written law of a particular society @ a particular time is most significant. Sam is a:
Legal positivist or person who adheres to historical school of legal thought
Different sources of law
* Case
* Administration: priority over state regulation
* Statutory: most important
* Constitution
, Why uniform law movement caught fire
helped commercial community (type of state law)
Most important uniform law
UCC (adopted by all states; on commerce)
Duty-based ethics
underlying duty from a set of rules that don't change over time (religion or philosophical based)
Situation-based ethics
situation dictates action -> nothing universal (utilitarianism= business philosophy of CBA)
Doctrine of Stare Decisis
Use of precedent for case resolution; provides law stability & consistency
1) ct shouldn't overturn own precedents w/o compelling reason to do so
2) decisions by higher ct are binding to lower cts
Civil Cases
1) Indiv. wrong
2) Sanction- $ damage
3) Standard- majority evidence
4) Sources, case law, regulations
Criminal Cases
1) Society wrong
2) Fine and/or imprisonment
3) Beyond reasonable doubt
4) Source, statue declaring act to be substance/procedure
Substantive law
includes case & statutory law that defines legal rights & responsibilites
Procedural law
enforcement of substantive law
Appellate (reviewing)
1) case appealed
2) Q's of law
