BUL 4421-Midterm FAU Gendler / Study Guide Actual
Questions & Answers| Guaranteed Pass
Chapter 1: Introduction to Business Law
Relevant areas of business law applicable to human recourse management involve
(4):
1. Agency law
2. Contracts
3. Employment and labor laws
4. Employment discrimination
This type of law regulates disputes between private individuals or groups.
(Ex: dispute between landlord and tenant governed by private law).
Private law
This type of law regulates disputes between private individuals and government.
(Ex: dumping in violation of state or federal environmental laws).
Public law
,This type of law delineates the rights and responsibilities implied in relationship
between persons, or between person and their government.
Civil law
This type of law regulates incidents in which someone commits an act against the
public as a whole, such as by conducting insider trading on the stock exchange.
- Government is plaintiff
Criminal law
Put these laws in order of Hierarchy of Laws: States Statutes, U.S. Constitutions,
Common Law, state constitution, and Federal Statutes
- U.S. Constitutions
- Federal Statutes
- State Constitution
- State Statutes
- Common Law
Collection of legal interpretations made by judges, and are law unless revoked by
new statutory law.
Common Law (aka Case Law)
,Past decisions in similar cases that guide later decisions thereby providing greater
stability and predictability to the law.
Precedent
A principle stating that rulings made in higher courts are binding precedent for
lower courts. Latin for "standing by the decision."
Stare Decisis
1. Summaries of common law rules in a particular area of the law that have been
enacted in most states.
2. They do not carry the weight of the law but guide interpretations of certain
principles.
Restatements of the Law
Certain habits of mind and specific beliefs about human nature. Beliefs are deeply
rooted within a person's emotions and habits, and thus they are sure to guide
one's opinions and decisions. Such beliefs may be commonly held and create
much larger schools of thought thus they are more common guides to legal
interpretation.
Schools of Jurisprudence
, Name the (5) Schools of Jurisprudence: CHiLLiN
1. Cost benefit analysis
2. Historical School
3. Legal Positivism
4. Legal Realism
5. Natural Law
The school of jurisprudence that recognizes the existence of higher law, or law
that is morally superior to human laws.
Natural Law
The school of jurisprudence which holds that because society requires authority, a
legal and authoritative hierarchy should exist. When a law is made, therefore,
obedience is expected because authority created it.
1. Must abide by duly authorized law
2. Law is distinct from morality
3. Moral questions about the law should not interfere with our inclination to obey
it.
4. A judge may write that she is deciding to enforce the law in question but that
her decision does not necessarily mean she sees the law as the morally correct
rule.
Legal Positivism
Questions & Answers| Guaranteed Pass
Chapter 1: Introduction to Business Law
Relevant areas of business law applicable to human recourse management involve
(4):
1. Agency law
2. Contracts
3. Employment and labor laws
4. Employment discrimination
This type of law regulates disputes between private individuals or groups.
(Ex: dispute between landlord and tenant governed by private law).
Private law
This type of law regulates disputes between private individuals and government.
(Ex: dumping in violation of state or federal environmental laws).
Public law
,This type of law delineates the rights and responsibilities implied in relationship
between persons, or between person and their government.
Civil law
This type of law regulates incidents in which someone commits an act against the
public as a whole, such as by conducting insider trading on the stock exchange.
- Government is plaintiff
Criminal law
Put these laws in order of Hierarchy of Laws: States Statutes, U.S. Constitutions,
Common Law, state constitution, and Federal Statutes
- U.S. Constitutions
- Federal Statutes
- State Constitution
- State Statutes
- Common Law
Collection of legal interpretations made by judges, and are law unless revoked by
new statutory law.
Common Law (aka Case Law)
,Past decisions in similar cases that guide later decisions thereby providing greater
stability and predictability to the law.
Precedent
A principle stating that rulings made in higher courts are binding precedent for
lower courts. Latin for "standing by the decision."
Stare Decisis
1. Summaries of common law rules in a particular area of the law that have been
enacted in most states.
2. They do not carry the weight of the law but guide interpretations of certain
principles.
Restatements of the Law
Certain habits of mind and specific beliefs about human nature. Beliefs are deeply
rooted within a person's emotions and habits, and thus they are sure to guide
one's opinions and decisions. Such beliefs may be commonly held and create
much larger schools of thought thus they are more common guides to legal
interpretation.
Schools of Jurisprudence
, Name the (5) Schools of Jurisprudence: CHiLLiN
1. Cost benefit analysis
2. Historical School
3. Legal Positivism
4. Legal Realism
5. Natural Law
The school of jurisprudence that recognizes the existence of higher law, or law
that is morally superior to human laws.
Natural Law
The school of jurisprudence which holds that because society requires authority, a
legal and authoritative hierarchy should exist. When a law is made, therefore,
obedience is expected because authority created it.
1. Must abide by duly authorized law
2. Law is distinct from morality
3. Moral questions about the law should not interfere with our inclination to obey
it.
4. A judge may write that she is deciding to enforce the law in question but that
her decision does not necessarily mean she sees the law as the morally correct
rule.
Legal Positivism
