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BUSINESS LAW
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is really a serious of definitions of legal terms
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PLAINTIFF
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Plaintiff is the person who brings or files the lawsuit
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DEFENDANT
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is the person against whom the lawsuit is brought
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STARE DECISIS
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the practice of relying on previous decisions in which similar disputes arose
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PRECEDENT
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The practice of utilizing or following a prior decision
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CASE LAW
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are published decisions of cases . Such decisions may be used by courts to rely on when considering cases that are similar to case that was previously decided .
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STATUTORY LAW
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Both Federal and State constitutions are general statements of the powers of government and the rights of individuals . The specific applications of powers and rights are provided for in laws enacted by federal , state and local governments . Each State Constitution provides for legislatures to adopt Statutes Statutes are adopted by the Federal Government and State Government .
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ORDINANCES
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are adopted by local governments such as towns and counties .
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CONSTITUTIONS
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The Federal Government is governed by the U.S. Constitution and its amendments . Additionally , each State has its own Constitution which governs the States . The Constitution provides the sovereign ( Federal Government or Local Government ) with certain reasonable powers . Many of these powers provide the basis for the government to adopt laws . Any law which a government adopts that is not within the constitutional grant of power will be declared unconstitutional by a court .
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CONSTITUTIONAL POWERS
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All constitutions contain 2 types of powers . Express Powers & Implied Powers .
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EXPRESS POWERS
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are powers that are specifically stated in the Constitution .
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IMPLIED POWERS
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are powers that have arisen as a result of interpretation of the express powers by the courts . If it was not for Implied Powers the Government would not have the power to regulate television , space travel , internet or air travel .
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CONSTITUTIONAL AMENDMENTS
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Because the framers of the Constitution knew that things would develop that Constitution did not cover the Constitution provides for a method to adopt amendments to the Constitution . The 1st 10 amendments to the Constitution are called the BILL OF RIGHTS .
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JUDICIAL REVIEW
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Once a law is adopted and it is challenged the Courts are given the right to review the laws and make a determination as to whether or not the law is valid ( Constitutional ) or invalid ( Unconstitutional ) .
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CASE LAW
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is a published court decision in which the courts interprets and applies a statute to a specific fact situation . Many court decisions are not publish and generally do
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STATUTORY LAW
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The laws that are adopted and enacted by the Federal Government and State Government is called Statutory Law .
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ORDINANCES
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These are laws that are adopted by local governments such as town or city councils
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ADMINISTRATIVE LAW
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State and Federal Agencies have the authority to adopt rules in order to regulate their specific areas .
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ADMINISTRATIVE
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RULES all of the Administrative Rules which the agencies adopt are Administrative Law