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Business Law 3201 Test 1 (Got A+ on the test)

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Department
Business Law
Course
BLAW 3201
Professor
All Professors
Semester
Winter

Description
CHAPTER 1Law Helps to be more effective and successfulmakes system more professionalNeed to have a friend who is a lawyer who you can go to for adviceNatural LawEngaged in civil disobedienceoGhandi is an exampleCourts of LawKing asked chancellor Lord High chancellorKings right hand man who dealt with remediesThomas Morechancellor play called A Man for All Seasons courts of chanceryequitywanted fairness between parties didnt have to consider precedentMaxims of Equity page 9 s 1 and 3Courts of EquityGave us doctrine called lachespetitioner failed to bring claim in a timely manner wont see these today because of statute limitationsthey prevent actions from being brought forth LA uses the word prescriptionoLiberative prescription Stare Decisis Stand by your decision Marked by hallmarksqualities of law oPredictabilityconsistencyoLawyers can tell clients how to behaveoAdaptabilityFrame precedent broadly or narrowlyJudges are obligated to follow precedents in their jurisdictionBinding or NonBinding3 step processoFind prior decision on samesimilar factsoDerive from precedent a rule of lawprinciple court has a bearing on thisoTake rule of law and apply it to the case at hand judges can apply it in a way that was unexpectedStare Decisis and PrecedentCourt is BOUND by precedent but may depart when necessary erroneous Trial courts are BOUND but can distinguish facts and can decline to apply precedent Brown vs Boardexample of overruled precedent stCases of 1 ImpressionCourts look at different authority than normalLooking for underlying policy of reasoning of statuteDisputes that go to trial are going for a reasoncan NEVER predict the outcomeBicameral camerachamber bi2Res Nova New thingSources of American LawPrimary sources of lawParalleleach except 1 is at the federal and state levelConstitution is the supreme law of the land and establishes government structurecreates separation of power establishes federal law and primacyArticle VISupremacy Clause p A8Power of CourtJudicial Review granted by Marbury v Madison oMarburyappointed by Adams but never got his piece of paper because Adams had lost the election Went to the secretary of state Madison who said NO Filed a lawsuit in the Supreme Court Judge Marshall Marbury was seeking a remedy known as Maindamasused for ministerial duties something that is clerical Judge Marshall said they had no authority and dismissed the case Judges can interpret and apply the Constitution Legislative LawoRules of conduct Statutes enacted by federal or state Ordinance local statutes city council countyoFederalCongressoStateState Legislature LA legislatureoCity CouncilBRMetro NOLA counciloPolice jury BRcountyoTrendy to CodifyPut all authoritative legislature in code form written formLike statutestrend toward legislative law to put things in code form because legislatures are better equipped than judicialCourts only address issues brought to themjudicial restraintHesitant to overruleChoose issues they want to work on set their agendasLegislative Law vs Common Law Judicial LawNot codifiedagencies trustsUCCadopted in partnot LA in ALL statesoNot the law because not created by authoritative bodyCirculated to state legislaturesLimited partnerships limited liabilities AdministrativeDOMINANToAffects ALL of a business operationsoInvolves delegation of rulemaking bodyoAgencies are pools of expertise in particular subject matterAviation needs regulationcreated an agency because didnt know anythingFederal Aviation AgencyAgency makes rules known as regulations or regs and are treated by the court as a statute as long as within delegation of agencyoAgencies are in Executive Branch but some are independent not as tightly controlled by President Executives sit in the cabinet as a cabinet agencyoLegislative establishes but they must answer to the ExecutiveoMore agencies than everoQuazzi Judicial Activity Acts as court for their statutes SemiresemblingSort of kind of but not exactly like Creates more legal laws and controversies than courts combinedJudicial LawoCourt decisions case laws judgemade law common law precedent law jurisprudenceRules of law announced in court decisionsPrecedents over common law doctrinesPower of court to interpret lawclarifies and gives meaningOverlap with common law and statutesSecondary soruce of LawTretise authoritative work on particular area of law torts agenciesPrepared by American Law InstituteNOT the law because not created by government bodySummary of the law and highly persuasive and sometimes relied upon by the court
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