SMGT 3861 Chapter Notes - Chapter 1: Precedent, Supremacy Clause, Interrogatories

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22 Jan 2019

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Chapter One Notes
Tuesday, January 22, 2019
12:41 PM
Common Law: adopted from England, forms the basis of many other law systems,
including US legal system.
Stare decisis: judges based their decision on the principles of previously
decided cases
Precedents: former cases
Constitutional Law: law expressed in written constitutions, which set forth the
organization, powers and limits of respective governments
10 amendments to alleviate concerns of power within federal government
(Bill of Rights) 1971
Statutory Law: laws created by legislators at the state and federal levels
Doctrine of supremacy: based on the supremacy clause stating the US and
state constitutions and federal legislation are superior to common law and
state legislation
Administrative Law:
Administration agency: governmental agencies that have the authority to
create laws, rules, and regulations to carry out the responsibilities of the
Rules and regulations: policies or principles that are publicly agreed upon and
that govern an activity or organization
Criminal Law: body of law that identifies what behavior is criminal and stipulates
penalties for violations
Civil Law: a category of law in which monetary damages are often claimed as a
result of an act or failure to act by another that results in harm to persons or
Plaintiff: person, group, or organization bringing the lawsuit
Defendant: person, group, or organization being sued
Complaint: formal accusation of wrongdoing brought by a plaintiff against a
defendant in a legal case
Summons: official notification that he or she must respond to a complaint
Answer: the response of a defendant to a complaint (accusation of wrongdoing)
Pleadings: formal statements in legal documents prepared by attorneys that
provide details about a case and may include an answer, a complaint, or both
Discovery: the part of the legal process that involves gathering information
verified by oath in preparation for trial
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