COB 218 Exam 1 (Ch. 1,2,3)

-Provide order
-Alternative to altercation
-Sense that change is possible
-Social justice
-Guarantee personal freedoms
-Moral guide

Involves disputes between private individuals or groups

Involves disputes between private individuals or groups and their government

Involves the rights and responsibilities involved in relationships between persons and between persons and their government

Involves incidents in which someone commits and act against the public as a whole

The assortment of rules and regulations put forth by legistatures

These laws serve to standardize the otherwise different interstate laws

The collection of legal interpretations made by judges. The laws

"Standing by the decision"; a principle stating that rulings made in higher courts are binding precedents for lower courts

-Natural law (ideas that are morally right above the law)
-Legal positivism (obedience of the law)
-Identification with the vulnerable
-Historical school: tradition
-Legal realism (judges need to consider more than just the law)
-Cost-benefit analysis

Consumers, owners or investors, management, employees, community, future generations

-Freedom
-Security
-Justice
-Efficiency

-To act without restriction from rules imposed by others
-To possess the capacity to act as one wishes
-To escape the cares and demands of this world entirely

-To have a large enough supply of goods and services to meet basic needs
-To be safe from those wishing to interfere with your property rights
-To achieve the psychological condition of self confidence such that risks are welcome

-To receive the products of your labor
-To treat all humans identically
-To provide resources in proportion to need
-To possess anything that else has willing to grant you

-To maximize the amount of wealth in society
-To get the most from a particular output
-To minimize costs

-The golden rule (treat others the way you want to be treated)
-Public disclosure test (television test)
-Universalization test (what would the world be like were our decision copied by everyone?)

The power to hear and decide cases when they first enter the legal system

The power to review previous judicial decisions to determine whether trial courts erred in their decisions. Handles only questions of law.

The power to render a decision affecting the rights of the specific persons before the court

The person filing the complaint

The person that must defend themselves

The power to hear certain kinds of cases (admiralty, bankruptcy, federal criminal, where one state sues another, claims against the USA, federal patent or trademark or copyright claims)

-The 2 people live in separate states
-Needs to be more than $75,000

-The US (or state) Supreme Court (the court of last resort)
-Intermediate courts of appeals
-Federal (or state) trial courts

-Standing (to sue)
-Case or controversy
-Ripeness (decision able to affect parties immediately)

-Affirmation
-Modification
-Reversal
-Remand (new trial)

The resolution of legal disputes through methods other than litigation

-Faster and cheaper than litigation
-Will not set a precedent
-More confidential
-No one is nice in a trial

-Negotiation
-Mediation
-Arbitration

A bargaining process where disputing parties interact informally to attempt to resolve their dispute

The disputing parties select a neutral part to help facilitate communication and suggest ways for the parties to solve their disputes

The resolution of a dispute by a neutral third party outside of the judicial setting, but similar to a trial.

A provision in a contract mandating that all disputes arising under a contract must be settled by arbitration

Consists of substantive and procedural rules created by administrative agencies

Any governmental body of the city, county, state, or federal government.

-unofficial "fourth branch of government
-first agency: Interstate Commerce Commission (ICC)

Presides over administrative hearing; may attempt to encourage parties to settle, but has no power to enter binding decision

-Executive agency
-Independent agency
-Hybrid agency

Within the executive branch of government, under a "cabinet level" (ex. FAA, FDA)

Governed by board of commissioners appointed by president (ex. CPSC, EEOC)

Characteristics of an executive and independent agency
(ex. EPA)

-Informal
-Formal
-Hybrid
-Exempted

Rules that do not create any new rights/duties. Instead, a detailed statement of an agency's interpretation of an existing law

General statements about directions of agency regarding rule making or enforcement activities

Mediated agreement (involving competing interest groups) on agency rule making

-Political
-Statutory
-Judicial (judge can overrule)
-Informational (lack intel)

-Federal agencies must publish in Federal Registrar public can access agency info
-Any individual or business can make a FOIA request
-Citizens are entitles to any records the government has on them

National security, internal agency matters, criminal investigations, financial institutions, individual's private life

Agency meetings must be open to the public if agency headed by collegiate body. Such agencies must keep records of closed meetings

Federal agency may not disclose info about an individual to other agencies/organizations without that individual's written concent