FGCU BUL 3130 Exam 1 Questions and Answers

law - a body of rules of action or conduct prescribed by controlling authority and having binding legal force -creates duties, obligations, and rights that reflect accepted views of a given society jurisprudence - the science or philosophy of law counsel - (attorney) business owners and managers work with counsel in one of two formats: 1. in-house counsel 2. law firms statutory law - The body of law created by the legislature and approved by the executive branch of state and federal government ordinances - written laws at local level, generally regulate issues such as zoning/health & safety regulations plain meaning rule - if words in statute have clear/understood meanings, court will apply it in accordance with rule statutory scheme - the structure of a statute and the format of its mandates common law - law that is made by the courts, not the legislature administrative law - source of law that regulates the exercise of authority by government agencies (AKA agency law)stare decisis - the principle that similar cases with similar facts and issues should have the same judicial outcome precedent - applying the law made in previous cases to current cases with similar facts secondary sources of law - 1. restatements of the law 2. model state statutes drafted legal experts as a model for state legislatures to adopt **secondary sources have no independent authority, nor are they legally binding criminal law - designed to protect society that result in penalties to the violator such as fines or imprisonment civil law - laws designed to compensate parties for losses (ex: money) as a result of another's conduct substantive law - provide individuals with rights and create certain duties procedural law - provide a structure and set out rules for pursuing substantive rights equitable remedies - generally include an injunction or restraining order public law - laws derived from some government entity private law - laws recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties Arizona vs. United States case - the federal law overpowered the state immigration laws of ArizonaU.S. vs Ulbricht case - ruled that Bitcoin is still considered a valid exchange of currency (one can money launder using Bitcoin) Flagiello vs. Pennsylvania Hospital - because Flagiello was a paying patient, the stare decisis overruled her claim of being injured in the hospital role of the judiciary - 1. courts adjust cases 2. certain courts are charged with responsibility of judicial review