WGU BUSINESS LAW C713.
Designed to boost confidence and grades!
Precedent - Answer: the tendency to decide current rulings based on previous cases,
only binding in lower courts
Common law - Answer: judge made law, often created through many precedents
Judicial power - Answer: gives the right to interpret laws and determine their validity
Statutes - Answer: legislature to become a law
Laws - Answer: bill (congress), simple majority in house and senate -> president (veto
power) -> 2/3 in house and senate -> statute
Injunction - Answer: order to stop doing something
True - Answer: most government agencies are created by congress
Regulations - Answer: laws created by government agencies
Treaties - Answer: made by the president, ratified by senate by 2/3rds
Stare decisis - Answer: let the decision stand
Legal Positivism - Answer: Law is what the ruling power says it is.
Legal Realism - Answer: It does not matter what is written as law, only those who
enforce the law and how they enforce it.
Natural Law - Answer: A body of unchanging moral principles regarded as a basis for all
human conduct
1
APPHIA - Crafted with Care and Precision for Academic Excellence.
,Administrative law - Answer: laws made by an administrative agencies
Reasons for a new law - Answer: New issue, unpopular judicial ruling, criminal law.
Three steps in statutory interpretation - Answer: Plain meaning rule, Legislative history
and intent, Public policy
First administrative agency - Answer: ICC Interstate Commerce Commission (trains)
Executive agencies - Answer: federal agencies, under the president's control
Independent agencies - Answer: agencies not under presidential control
How is an agency created? - Answer: Congress passing enabling legislation
Legislative rules - Answer: agency rules that act as statutes
Interpretive rules - Answer: agency rules that are an interpretation of what the law
already requires
Informal Rulemaking - Answer: Notice and comment method
Formal Rulemaking - Answer: Congress requires an agency to hold a public hearing
where affected parties can question agency experts.
Administrative law judge - Answer: An agency employee who acts as an impartial
decision maker
Unintentional tort - Answer: Negligence that leads to injury, property damage, or
financial loss.
2
APPHIA - Crafted with Care and Precision for Academic Excellence.
, Elements a plaintiff must prove to win negligence - Answer: Duty of care, breach,
factual cause, proximate cause, damages
Duty of care - Answer: Each of us has a duty to behave as a reasonable person would
under the circumstances
Breach of duty - Answer: if a legal duty of care exists, then a plaintiff must show that the
defendant did not meet it
Negligence per se - Answer: When a legislature sets a minimum standard of care for a
particular activity, in order to protect a certain group of people, and a violation of the
statute injures a member of that group, the defendant has committed negligence per se.
A plaintiff that can show this need not prove breach of duty
Factual cause - Answer: If the defendant's breach led to the ultimate harm
Proximate cause - Answer: For the defendant to be liable, the type of harm must have
been reasonably foreseeable
Res ipsa loquitur - Answer: "the thing speaks for itself" the facts imply that the
defendant's negligence caused the accident, unless the defendant can prove otherwise
Voir dire - Answer: to speak the truth
Assumption of risk - Answer: A person who voluntarily enters a situation that has an
obvious danger cannot complain if she is injured
Contributory negligence - Answer: if the plaintiff is even slightly negligent, they recover
nothng
3
APPHIA - Crafted with Care and Precision for Academic Excellence.
Designed to boost confidence and grades!
Precedent - Answer: the tendency to decide current rulings based on previous cases,
only binding in lower courts
Common law - Answer: judge made law, often created through many precedents
Judicial power - Answer: gives the right to interpret laws and determine their validity
Statutes - Answer: legislature to become a law
Laws - Answer: bill (congress), simple majority in house and senate -> president (veto
power) -> 2/3 in house and senate -> statute
Injunction - Answer: order to stop doing something
True - Answer: most government agencies are created by congress
Regulations - Answer: laws created by government agencies
Treaties - Answer: made by the president, ratified by senate by 2/3rds
Stare decisis - Answer: let the decision stand
Legal Positivism - Answer: Law is what the ruling power says it is.
Legal Realism - Answer: It does not matter what is written as law, only those who
enforce the law and how they enforce it.
Natural Law - Answer: A body of unchanging moral principles regarded as a basis for all
human conduct
1
APPHIA - Crafted with Care and Precision for Academic Excellence.
,Administrative law - Answer: laws made by an administrative agencies
Reasons for a new law - Answer: New issue, unpopular judicial ruling, criminal law.
Three steps in statutory interpretation - Answer: Plain meaning rule, Legislative history
and intent, Public policy
First administrative agency - Answer: ICC Interstate Commerce Commission (trains)
Executive agencies - Answer: federal agencies, under the president's control
Independent agencies - Answer: agencies not under presidential control
How is an agency created? - Answer: Congress passing enabling legislation
Legislative rules - Answer: agency rules that act as statutes
Interpretive rules - Answer: agency rules that are an interpretation of what the law
already requires
Informal Rulemaking - Answer: Notice and comment method
Formal Rulemaking - Answer: Congress requires an agency to hold a public hearing
where affected parties can question agency experts.
Administrative law judge - Answer: An agency employee who acts as an impartial
decision maker
Unintentional tort - Answer: Negligence that leads to injury, property damage, or
financial loss.
2
APPHIA - Crafted with Care and Precision for Academic Excellence.
, Elements a plaintiff must prove to win negligence - Answer: Duty of care, breach,
factual cause, proximate cause, damages
Duty of care - Answer: Each of us has a duty to behave as a reasonable person would
under the circumstances
Breach of duty - Answer: if a legal duty of care exists, then a plaintiff must show that the
defendant did not meet it
Negligence per se - Answer: When a legislature sets a minimum standard of care for a
particular activity, in order to protect a certain group of people, and a violation of the
statute injures a member of that group, the defendant has committed negligence per se.
A plaintiff that can show this need not prove breach of duty
Factual cause - Answer: If the defendant's breach led to the ultimate harm
Proximate cause - Answer: For the defendant to be liable, the type of harm must have
been reasonably foreseeable
Res ipsa loquitur - Answer: "the thing speaks for itself" the facts imply that the
defendant's negligence caused the accident, unless the defendant can prove otherwise
Voir dire - Answer: to speak the truth
Assumption of risk - Answer: A person who voluntarily enters a situation that has an
obvious danger cannot complain if she is injured
Contributory negligence - Answer: if the plaintiff is even slightly negligent, they recover
nothng
3
APPHIA - Crafted with Care and Precision for Academic Excellence.
