Business Law-Exam 1

o Old English Laws- Tithings: Group of men responsible for each other
o Shire Reeve: Sheriff
o Bailiffs
o William the Conqueror: From Normandy, is a Bastard of a French King, and went onto become the most famous European of all time
o Henry de Bracton: established precendent

a system of law based on precedent and customs- created by judges

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Legislative, Executive, Judicial; created by the constitution

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

the principles of right and wrong that guide an individual in making decisions

-society as a whole benefits from ethical behavior
-people feel better when they behave ethically
-unethical behavior can be very costly

an ethical framework and suggests that an entity, be it an organization or individual, has an obligation to act for the benefit of society at large

Money, competition, rationalization, we can't be objective about ourselves, conflicts of interest, conformity, following orders, euphemisms and reframing, lost in a crowd, short-term perspective, blind spots

you have no duty to assist someone in peril unless you created the danger

prohibits certain behavior for the benefit of society

regulates the rights and duties between parties

Let the decision stand; decisions are based on precedents from previous cases

a written law passed by a legislative body

1. Congressional member creates a bill and presents it to a particular committee (committee that deals with those matters)

2. The chair person decided to hear the bill of not

3.the committee hears testimony and debate on the bill, adds amendments,and votes on the bill
4. If it is passed it goes before the house it originates in (Senate or House of Representatives) & a vote takes place

5. if passed, the next house votes on it & then it goes to the president to sign

6. in case the president veto the bill (sends it back to Congress) then Congress can vote again and 2/3 vote must pass to make it a law

A government entity that is independent of the legislative, executive, and judicial branches.
(Sec, fcc,)

Part of executive branch, under the control of the President; usually support the President's policies. (FBI, Irs, fda)

requires businesses and people to act a certain way, have the effect of a congressional attitude

these do not change the law; they define or apply the laws to new situations

A type of rule making in which an agency publishes a proposed rule in the Federal Register, considers public comments, and then publishes the final rule. Also called notice-and-comment rule making.

A type of rule making that is used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted.

Agencies must submit proposed rules to public comment in advance

may include unannounced visits if type would be necessary to ensure safety of regualations being followed (can include power to issue subpoenas/decus tecum with docs)

to act as judge in a matter; to settle through the use of a judge or legal tribunal

1966 law that allows citizens to obtain copies of most public records

· Statutory Control: enabling leg places controls
· Political Control: President nominates heads, congress control budgets and congress can amend enabling leg
· Judicial Review: can appeal agency decision in fed court

no one serving on branch shall also perform functions of another branch

power of purse; impeachments; senate confirmation of cabinet/judges

veto; appointment of judges

strike down legislation; review admin decisions

The first ten amendments to the Constitution

Personal liberties or privilges

Right to bear arms

Freedom from unreasonable searches and seizures

The Right to Remain Silent/Double Jeopardy, right to due process

The right to a Speedy Trial by jury, representation by an attorney for an accused person

No cruel or unusual punishment

5 freedoms: speech, press, religion, assembly, petition

Procedural Due Process
Substantive Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.

the right of government to take private property for public use

a law that would allow a person to be punished for an action that was not against the law when it was committed

Clause stating that Congress can regulate interstate and international commerce.
- Movement of pollutants across state lines

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Most important case in Supreme Court history - first U.S. Supreme Court case to apply the principle of judicial review (the power of federal courts to void acts of Congress in conflict with the Constitution.) Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive.

assertion of power of judicial review to set aside government acts

the refusal to strike down such acts

Circuit courts are general jurisdiction trial courts of the US state of Oregon. These courts hear civil and criminal court cases

Deal with problems between states; they also handle cases that deal with the Constitution and the laws made by Congress, they lack enforcement powers.

The authority of a court to hear a case

the power of a court to hear a particular type of case

The power of the federal courts to hear a case

the power of a court to force a person to appear before it

a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state

cases of specific subject matter

certain formal documents filed with the court that state the parties basic positions

formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial

· Choosing a Jury.
· Opening Statements.
· Witness Testimony and Cross-Examination.
· Closing Arguments.
· Jury Instruction.
· Jury Deliberation and Announcement of Verdict.

an official agreement intended to resolve a dispute or conflict.

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator.

A type of alternative dispute resolution that provides a solution without going to court