BUS 260- Exam 1 Notes.docx

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BUS 260
Ralph Switzer

Intro & Legal Tradition 10/3/2013 4:44:00 PM Legal Tradition  Federalism: Two levels of government; Federal and State  Legal Traditions  Private Law: Codes of ethics particular to a profession  Common Law: Decisions from all cases from every court  State Acts: Based-off of state constitution  State Constitution:  Federal Constitution:  Act = Law = Statue  Reasonable minds can disagree because language is not perfect and prone to ambiguity  New Case/Controversy: New case/controversy that will litigate and needs to be decided  Original Issue: First time an issue/case has come to the court  Law of A State:  Constitution  Legislative Acts  Cases- previous similar cases  Sister States- look to other (larger) states for a similar case  Common Law Nations (minority in the world)- look to other common law states for a similar case o Opposite: Opposite Law Nations  Have to be the first case  Precedent: Looking to a previous case to apply precedent to  Stare Decisis: Application of precedent – consistency  Neither a statute/rule, but instead a process  Chain of Cases: Cases with similar facts Common Law  Common Law  An entire system  Unwritten Law- Because no categories or descriptions or subjects- chronological  Contrast to equity  Case Brief  Facts  Issue: Stated in form of a question  Finding (rule): Who should win the case  Reason: Why should the winner win o Use stare decisis  Then, the judge reads all the precedent c
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