MGMT 211 Study Guide - Midterm Guide: Railroad Commission Of Texas, Food And Drug Administration, Precedent
2 Feb 2018
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Sources of law: constitutional law derived from u. s. constitution, statutory/legislative law written laws, passed by congress. Statues are often vague so they can be open for interpretation. State legislatures and other governmental entities can also pass statutes: executive executive orders, judges interpret the law, and have ability to create law. Judicial restraint is when a judge usually follows precedent and only strikes down a law if it is clearly unconstitutional. Judicial activism is when a judge interprets the law and/or does not follow the legislative intent. Stare decisis means to follow precedent: common law created by the court, often derived from precedent. Normally involves monetary or legal damages: civil law provides remedies for individuals or entities wronged by another individual or entity. Primary purpose is for reimbursement or restitution: criminal law to punish, federal law developed under authority of the constitution by congress, the president, or federal regulations, state law passed by local governments, state legislatures etc.
