BUS-L 201 Chapter Notes - Chapter 5: Precedent, Specific Performance
Document Summary
Constitution - sets up gov into branches and subdivisions, fed and state, gives and denies power to each. Separation of powers - breaks gov into three branches, judicial, legislative, and executive. Statutes - laws created by elected representatives in congress or state legislatures. Techniques of statutory interpretation - plain meaning - legislative history and legislative purpose - General public purpose - prior interpretations - maxims. Plain meaning - actual language of the statute, means what it says. Legislative history and legislative purpose - looks at what caused the statute to be put in place and what the goal of the legislation was. General public purpose - widely accepted general notions of public policy. Prior interpretations - prior cases and decisions, promotes stability and certainty by preventing successive courts from interpreting statutes differently. Common law - law made and applied by judges when case is not covered by a statute or law.
