Business Law- Baylor- Agee- Exam 1 2025
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Terms in this set (152)
Creates, defines, and regulates legal rights and
Substantive Law
duties
States the rules for enforcing rights that exist
Procedural Law
because of substantive law
The branch of substantive law that deals with the
government's rights and powers and its relationship
Public law
to individuals or groups. It consists of constitutional,
administrative, and criminal law.
The part of substantive law governing individuals
Private law and legal entities in their relationships with one
another
The law dealing with the rights and duties of
Civil Law individuals among themselves and is a part of
private law
The law that involves offenses against the entire
Criminal Law
community and is a part of public law
The courts in common law systems have developed
a body of law that serves as precedent for
Common law system
determination of later controversies. Also called
case law, judge-made law, or common law
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System in which opposing parties initiate and
present their cases
Adversary System
The parties, not the court, must initiate and conduct
litigation
Body of law derived from Roman law and based
upon legislative enactments (called codes) and an
Civil law system
inquisitorial system of determining disputes
Prevalent in Europe, Scotland, Louisiana, and others
System in which the judiciary initiates, conducts, and
Inquisitorial system decides cases
Part of the civil law system
"to stand by the decisions", courts should apply
Stare decisis rules decided by them or their superior courts in
prior similar cases
A body of law based upon principles distinct from
Equity common law and providing remedies not available
at law
Cover many areas of common law although are not
Restatements
binding in of themselves
Has become the primary source of new law and
Legislative law
ordered social changes in the U.S.
An agreement between or among independent
nations. The US constitution authorizes the president
Treaty to enter into treaties with the advice and consent of
the Senate "provided two thirds of the senators
present concur"
A law issued by the president of the United States or
Executive Order
by the governor of a state
A branch of public law created by administrative
agencies in the form of rules, regulations, orders,
Administrative Law and decisions to carry out the regulatory powers
and duties of those agencies. Has expanded
enormously because of increasing complexity
Appeal by right Mandatory review by a higher court
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Writ of certiorari Discretionary review by a higher court
The authority of a court to judge a controversy of a
particular kind. Federal courts have limited subject
Subject matter
matter jurisdiction whereas state courts have
jurisdiction
jurisdiction over all matters not given exclusively to
the federal courts
The federal courts have exclusive jurisdiction over
federal criminal prosecutions, admiralty, bankruptcy,
Exclusive Jurisdiction antitrust, patent, trademark, and copyright cases,
suits against the US, and cases arising under certain
federal statutes
Concurrent Jurisdiction 2 types: federal question & diversity of citizenship
Two requirements:
Diversity of citizenship 1. Diversity of citizenship
2. over $75,000
Allows a court to hear any case arising under the
Federal question
constitution, statutes, or treaties in the US
Personal jurisdiction of a court over the parties to a
lawsuit in contrast to jurisdiction over their property.
The plaintiff automatically grants the court
In personam jurisdiction
jurisdiction in the court she filed the claim.
Jurisdiction over the defendant may be gained
through 1. being served 2. long arm statute
In rem jurisdiction Jurisdiction based on claims against property
Long-arm statute (look up)
Jurisdiction over property not based on claims
against it
Invoked by seizing the defendant's property as a
Attachment jurisdiction
payment on a claim, unrelated to the property
seized
Also called "quasi in rem" jurisdiction
Particular geographical place where a court with
jurisdiction may hear a case. Its purpose is to
Venue
regulate the distribution of cases within a specific
court system and to identify a convenient forum.
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