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Business Law 202-Csusm Detailed Questions
And Expert Answers
What is the purpose of Law? - ANS to create stability and predicatability What is Law? - ANS -Law consists of RULES THAT REGULATE THE CONDUCT AND RELATIONSHIPS of individuals, businesses, and other organizations within society. -Establishes rights, duties, and privileges that are consistent with values and beliefs of their society or its ruling group. Functions of the Law - ANS 1. Keeping the peace
- Shaping moral standards
- Promoting social justice Tension - ANS The tension in the law between the need for stability, predictability, and continuity, and the need for change is a constant struggle. What's the importance of Plessy v. Ferguson case? - ANS It is a landmark United States Supreme Court decision upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal" Judicial Evolution Case
"Separate but equal" remained standard doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision____________. - ANS Brown v. Board of Education Judicial Evolution Case Qualities of the Law - ANS 1. Fairness of the Law -The American legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced
- Flexibility of the Law -U.S. law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the United States and the world Common Law - ANS which was based largely on traditions, social customs, rules, and cases dating back to 1066 A.D. judges in different areas settled disputes in similar ways by consulting with their fellow judges on their previous decisions before making decisions. Stare Decisis - ANS -Latin for "to stand on the decided cases" -practice of case precedence -is "judge made law" based on precedent.
-The oldest view of jurisprudence dating back to Aristotle. -The Declaration assumes natural law, or what Jefferson called "the Laws of Nature." (Rev. Martin Luther King, Jr.) Positivist School - ANS Law is the supreme will of the State that applies only to the citizens of that nation AT THAT TIME. Therefore is not universal. The morality of a law, or whether the law is "bad or good," is irrelevant. Historical School - ANS -Emphasizes the evolutionary process of law. -Concentrates on the origins of the legal system. -Law derives its legitimacy and authority from standards that have withstood the test of time. -Follows decisions of earlier cases. Legal Realism School - ANS Law is not simply a result of the written law, but a product of the views of judicial decision makers, as well as social,economic, and contextual influences. Citation - ANS A reference to a publication in which a legal authority can be found Civil law - ANS The rights between individuals or individuals and governments.
Criminal law - ANS An individual's obligations to society as a whole. Substantive law - ANS Defines or creates the rights and obligations of persons and governments Procedural law - ANS Provides the steps one must follow in order to avail oneself of one's legal rights or enforce another's legal obligations. Think of Due Process U.S. Constitution serves two major functions - ANS 1. It creates the three branches of government and allocates powers to these branches
- It protects individual rights by limiting the government's ability to restrict those rights Article I - ANS Legislative Branch The bicameral Congress: -the Senate -the House of Representatives Article II - ANS Executive Branch -the President -the Vice President
Long Arm Statutes - ANS courts use long-arm statutes for non-resident parties based on "minimum contacts" with state. Means defendant had some connection with forum state. Venue - ANS Venue is concerned with the most appropriate location for the trial to place and from where the jury is selected. What occurs in Trial Courts? - ANS 1. "Courts of record"-court reporters.
- Opening and closing arguments.
- Juries are selected.
- Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced.
- Witnesses are examined and cross-examined.
- Verdicts and Judgments are rendered. Appellate Courts - ANS Review proceedings conducted in the trial court to determine whether the trial was according to the procedural and substantive rules of law. appellate courts will consider questions of law Alternative Dispute Resolution (ADR) - ANS methods to resolve disputes that are inexpensive, relatively quick and leave more control with the parties involved.
Mediation - ANS Involves a neutral 3rd party (mediator). Mediator talks face-to-face with parties (who typically are in different adjoining rooms) to determine "common ground." Arbitration - ANS Settling of a dispute by a neutral 3rd party (arbitrator) who renders a legally-binding decision; usually an expert or well-respected government official.
