MGMT 311 > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

Law

A

Enforceable rules governing relationships among individuals and between individuals and their society

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2
Q

Hierarchy of the Sources of Law

A
  1. Constitutions
  2. Statutory Law
  3. Administrative Rules and Regulations
  4. Common Law (case law/judge-made law)
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3
Q

Constitutions

A

establish organization, powers, and limits of governments

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4
Q

US Constitution

A
  • Supreme Law of the Land (everything is subject to it)
  • Creates national government
  • 10th amendment reserves all powers not granted to the federal government to the states
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5
Q

States’ Constitutions

A
  • Create state governments
  • Highest form of law within borders of that state
  • Subject to the US Constitution
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6
Q

10th Amendment

A

Reserves all powers not granted to federal government to states

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7
Q

Statutory Law

A
  • Created by Congress and state LEGISLATURES
  • Found in federal and state code of laws
  • Cannot violate constitutional law (state or federal)
  • Municipal/County government ordinances
  • Uniform laws
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8
Q

Municipal/County Government under Statutory Law

A

Enact ordinances, which govern matters not covered by state or federal law
Ordinances cannot violate U.S. or state consitituions

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9
Q

Uniform Laws under Statutory Law

A

Counter problems between state businesses and trades
State legislatures may reject or adopt uniform laws
IF adopted, the law becomes a part of the state statutory law

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10
Q

Do states have to adopt uniform laws?

A

No!
They can adopt all, partial, or none of the uniform law

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11
Q

UCC

A

Uniform Commercial Code
the most accepted uniform law
- facilitates commerce amongst states by providing a uniform set of rules on commercial transactions
- adopted by all 50 states, D.C, and the virgin islands

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12
Q

Administrative Law

A

Creates rules, orders, decisions of agencies
- can be local, state, or federal agencies

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13
Q

Agency functions under Administrative Law

A
  1. Rule making
  2. Investigation and enforcement
  3. Power to judge (adjudication)
    (powers from all 3 branches are given to each agency)
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14
Q

Federal Agencies

A

Executive Agencies and Independent Regulatory Agencies

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15
Q

Executive Agencies

A

(within Executive branch)
Within the cabinet department

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16
Q

Independent Regulatory Agencies

A

Not subject to president/not part of the Executive branch.
- Officials cannot be removed without cause

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17
Q

Common Law

A

“Judge-made law”
Rules of law announced in court decisions, interprets statutes, regulations, constitutional provisions, and other case law

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18
Q

King’s Court “Curiae Regis”

A

COURTS OF LAW
- remedies: (address the issue) land, items of value, money

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19
Q

Chancery Court

A

COURTS OF EQUITY
- remedies: (when money can’t satisfy the issues) special performance, injunction, rescission

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20
Q

Early Courts

A

Norman Invasion
William the Conqueror

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21
Q

Legal Remedies/Remedies at Law

A
  1. Compensatory Damages
  2. Punitive/Exemplary Damages
  3. Nominal Damages
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22
Q

Special Damages under Compensatory Damages (Legal Remedies)

A

QUANTIFIABLE
1. Loss of time
2. Loss of money
3. Property damages

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23
Q

General Damages under Compensatory Damages (Legal Remedies)

A

NOT QUANTIFIABLE
1. Pain and suffering
2. Injury to reputation
3. Mental anguish
4. Disfigurement
5. Loss of earning capacity

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24
Q

Punitive/Exemplary Damages (Legal Remedies)

A
  • The purpose is to punish the wrongdoer
  • Designed to hurt be cause they are such a huge amount of money
  • Given in addition to compensatory damages
    Industries: pharmaceutical, oil and gas
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25
Nominal Damages (Legal Remedies)
If you don't ask for compensatory damages the jury won't grant you them Ex: if you just want an admission of guilt
26
When are equitable remedies available?
ONLY if legal remedies are legally inadequate (Money does not address the legal issue)
27
Equitable Remedies
1. Specific Performance 2. Injunction 3. Rescission
28
Special Performance (Equitable Remedies)
COURT ORDERED - Used when a contract is breeched - Requires. party to perform as promised on a contract - Specifically to a breeched contract on land, personal property, rarity
29
Injunction (Equitable Remedies)
COURT ORDERED - preform an action or stop performing an action - temporary and permanent
30
Temporary Injunction (Equitable Remedies)
Prior to actual litigation ex: Restraining order
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Permanent Injunction (Equitable Remedies)
After litigation ex: stop breeching a contract, separation of a child from an abuser
32
Rescission (Equitable Remedies)
Action to undo a contract (doesn't have to involve a court, but could) "Giving back what you took"
33
Equitable Maximums
General propositions or principles of law that have to do with fairness (equity)
34
Equitable Maxims: "Equity aids the vigilant, not those who rest on their rights"
Bars a party's legal right to action if the party has neglected for an unreasonable length of time (STATUTES OF LIMITATIONS)
35
Legal/ethical remedies today
How a party can ask for both legal and ethical remedies at the same time
36
The Doctrine of Stare Decisis
"To stand on decided cases" William the Conqueror PRECEDENT: A prior similar case
37
Stare Decisis: Precedent
Example: Roe v. Wade overturned by Dobbs case - Power of precedent when and if we depart from precedent
38
Functions of Stare Decisis Doctrine:
1. Creates court efficiency 2. Creates a more just/fair and uniform/similar system 3. Makes the law stable and predictable (THE LAW IS ALWAYS CHANGING - doesn't mean the law is static and never changing) 4. Allows us to use lessons learned in the past
39
Binding Precedent
Judges are obligated to follow precedents established by the higher courts in their jurisdiction because of the doctrine of "stare decisis" - ruling from Supreme Court, all lower courts must follow High courts have the power to overrule precedent
40
Persuasive Precedent
Trying to affect change Case of first impression or trying to follow other jurisdiction (not obligated to follow)
41
Departures from Precedent
"We're not always married to precedent" 1. Prior ruling was incorrect 2. If societal views have changed; outdated precedent Brown v. Board of Education Dobbs v. Jackson Women's Health
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Departures from Precedent: Brown v. Board of Education
Plessy v. Ferguson: established separate but equal (1896) OVERTURNED by Brown v. Board of Eduction (1954)
43
Departures from Precedent: Dobbs v. Jackson Women's Health
Says Roe v. Wade was flimsy argument and "wrongly decided" (2022)
44
Cases of First Impression
- There is no legal precedent on which to base a decision (precedent has to start somewhere)
45
Factors used when court is faced with case of first impression or when conflicting precedents exist:
1. persuasive precedent 2. legal principals and policies underlying previous court decisions 3. fairness 4. social values and customs 5. public policy: what is good for society 6. social science data
46
Legal Reasoning
Issue: What are the key facts and issues? Rule: What rules of law apply to the case? Application: How do the rules of law apply to the particular facts of this case? Conclusion: What conclusion should be drawn?
47
No one right answer...
- good arguments can be made on both sides - laws can be flexibly interpreted - personal beliefs and moral philosophies play a role
48
Classification of Law
Classifications are not mutually exclusive; they overlap
49
Classification of Law: Substantive v. Procedural
Substantive: define/describe your rights and duties under the law - Torts and contracts are subject ares Procedural: methods of enforcing your rights - Miranda rights
50
Classification of Law: Public v. Private
Public: if the government is involved in the case in any way - traffic ticket (criminal) - suing TAMU (civil) Private: government isn't in the case at all
51
Classification of Law: Civil v. Criminal
Civil: involve rights/duties between people or businesses or the government (non-criminal) Criminal: involve wrongs committed against the public as a whole "society"
52
Main Purpose: Civil
To be compensated from suffering
53
Main Purpose: Criminal
To punish (Fines go to state or federal government "message to society")
54
Burden of Proof: Civil
"By preponderance of the evidence" (more likely than not) "Plaintiff's scale must tip in their favor"
55
Burden of Proof: Criminal
"Beyond a reasonable doubt"
56
"Burden of Proof"
Who needs to prove? How much proof must the party provide?
57
Cyberlaw
Laws being violated in cyberspace
58
Trial Court
- Plaintiff listed first, Defendant listed second - Jury - Sometimes when the party suing is not asking for damages (FAMILY LAW) parties are referred to as a Petitioner and Respondent
59
Plaintiff
The person who filed suit
60
Defendant
The person being sued
61
Courts of Appeals
- May reverse the order of the names in title if the defendant loses in trial court and then appeals - Odd number of Judges, no Jury - Reviewer - Appellant and Appellee
62
Appellant
Party appealing (the loser) files the appeal
63
Appellee
The party who won at trial and defends against the appeal
64
High Courts
My switch the order of the names gain if appellee loses in court of appeals - Reviewer - 9 Judges, no Jury - Petitioner and Respondent
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Petitioner
Party appealing in high court (plaintiff)
66
Respondent
Won at the court of appeals level and defends against petition to Supreme Court (defendant)
67
Opinions issued by reviewing (appellate/high) courts:
1. Unanimous 2. Majority 3. Concurring Opinion 4. Dissenting Opinion
68
Unanimous
All members of the appellate/high court agree; very strong precedent
69
Majority
A majority of the justices hearing the case agree and join in the reasoning of the decision
70
Concurring Opinion
Justice(s) on the court file(s) a SEPARATE opinion because he agrees with the result of the decision but not the reasoning behind it CAN BROADEN PRECEDENT
71
Dissenting Opinion
Justice(s) on the court file(s) a SEPARATE opinion because he disagrees with the decision of the majority CAN HELP TO OVERTURN PRECEDENT
MGMT 311
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