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TULANE / Legal Studies in Business / LGST 3010 / What is the doctrine of stare decisis?

What is the doctrine of stare decisis?

What is the doctrine of stare decisis?

Description

School: Tulane University
Department: Legal Studies in Business
Course: Legal/Ethical/Regul Busn
Professor: Sanda groome
Term: Fall 2016
Tags:
Cost: 50
Name: LGST 3010 Exam 1 Study guide
Description: exam study guide. key terms ch 1-3
Uploaded: 10/07/2017
6 Pages 78 Views 2 Unlocks
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LGST 3010  


What is the doctrine of stare decisis?



Test 1 Study Guide

Dean Hogg

Chapters 1 2 and 3

Chapter 1: Legal Foundations

∙ Law:

o A body of rules of action or conduct prescribed by controlling  authority and having legal binding force

∙ Jurisprudence:

o The science and philosophy of law

∙ Counsel:

o another term for attorney

∙ Types of Law

o Constitutional Law:

 The body of law interpreting state and federal  

constitutions  

o Statutory Law:

 Body of law created by legislature and approved by the  executive branch of state and federal government


How many branches the government has?



o Common Law:

 Law that has not been passed by the legislature but rather is made by the courts; based on fundamentals of previous  cases with similar facts

o Administrative Law:  

 Refers to both the law made by administrative agencies  and the laws and regulations that govern administrative  We also discuss several other topics like What is a nuclear envelope?

agencies

∙ Ordinances:

o Local statutes passed by local legislatures  

∙ Statutory Scheme:

o the structure of a statute and the format of its mandates ∙ Citation

o the format used in the legal community to express where a  statute or case law can be found

∙ Doctrine of Stare Decisis


What is the standards of judicial review?



If you want to learn more check out How does behavior evolve?

o The principle that similar cases with similar facts and similar  circumstances should have similar outcomes

∙ Precedent

o Applying the law made in previous appellate court decisions to  current cases with similar facts; binding on the trial courts ∙ Appellate Courts We also discuss several other topics like What is the islamic world of science?

o Courts that review the decisions of trial courts and have the  authority to overturn decisions  

∙ Types of Laws

o Civil laws

 Laws designed to compensate parties for money lost as a  result of another party’s actions

∙ *money lost in such cases is called Damages

o Criminal Laws We also discuss several other topics like What is the function of american colonization in society?

 Laws designed to protect society that result in penalties  such as fines or imprisonment

o Substantive Laws  

 Laws that provide individuals with certain rights and create certain duties

o Procedural Laws

 Laws that provide a structure and set out rules for pursuing substantive rights

o Public Laws

 Laws that are derived from a government entity

o Private Laws

 Laws recognized as binding between two parties even  

though no specific statute or regulation provides for the  

rights of the parties  

∙ Contract for services

∙ Equitable relief  

o Relief granted either in the form of specific performance (do it) or an injunction (stop doing it) when monetary damages are  

determined to be insufficient We also discuss several other topics like In business strategies, what is vertical integration?

∙ Equitable Maxims

o Equity aids the vigilant

 The law favors those who exercise vigilance in pursuing  their claims, and disfavors those who rest on their legal  Don't forget about the age old question of What is the annexation of crimea?

rights by failing to act in a reasonable period of time

o Substance over form

 Courts look to the intent of parties involved and adhere to  a standard of good faith and fair play, instead of applying  

the letter of the law in a way that would violate  

fundamental principles of fairness and consistency

o Clean Hands Doctrine

 Courts are guided in their decisions not only by the letter of the law but also on the basis that one seeking the aid of  

the court with clean hands that are unstained by bad faith,  misrepresentations, or deceit

Chapter 2: Business and the Constitution  

∙ Amendments

o Changes made to the Constitution since its ratification

∙ Branches of government

o Legislative  

 House of Representatives and Senate

 Article I

o Executive

 President and Vice President

 Article II

o Judicial

 Supreme court and other courts

 Article III

o Enumerated Powers

 Powers explicitly granted to the three branches of  

government in the Constitution

 Article I, Section 8 enumerates the limitations of power of  Congress

o Commerce Clause

 Gives Congress exclusive power to regulate foreign  

commerce, interstate commerce, and commerce with  

Indian Tribes

o Necessary and Proper Clause

 Gives Congress the general implied authority to make laws  necessary to carry out its other enumerated powers

o Executive Order

 Order made by the President that carries the full force of  the law; issued to enforce or interpret federal statutes and  treaties

o Jurisdiction

 The legal authority a court must have before it can hear a  case

o Judicial review

 The power of the judiciary to declare a legislative or  

executive act unconstitutional  

o Standards of Judicial Review

 Rational Basis

∙ Lowest level of scrutiny applied by courts deciding  

constitutional issues using judicial review  

∙ Upheld if the government shows that the law has a  

reasonable connection to achieving a legitimate and  

constitutional objective

 Intermediate-level Scrutiny

∙ The middle level scrutiny applied by courts deciding  

constitutional issues using judicial review

∙ Upheld if the government shows that a regulation  

involved an important government objective that is  

furthered by substantially related means

 Strict Scrutiny

∙ The most stringent standard of scrutiny applied by  

courts deciding constitutional issues using judicial  

review

∙ Applied when the government action is related to a  

fundamental right or is based on a suspect  

classification  

∙ Upheld if the government shows a compelling need  

that justifies the law being enacted and no less  

restrictive alternatives exist

o Supremacy Clause

 Federal law is always superior to state law when the two  are in direct conflict  

o Preemption  

 The concept that primary sources of law are applied  

consistent with a hierarchy and that a law higher in the  

hierarchy will overrule and make void a conflicting law  

lower in the hierarchy

 Federal law preempts over state, state over city, etc.

o Fourth Amendment  

 Protects individual citizens’ rights to be secure in their  “persons, houses, papers, and effects”

o Probable Cause

 A reasonable amount of suspicion supported by  

circumstances sufficiently strong to justify a belief that a  person has committed a crime

o Due Process Clause

 Protects individuals from being deprived of “life, liberty,  and property” without due process of the law

o Due Process

 The principle that the government must respect all legal  rights that are owed to a person according to the law

Chapter 3: The American Legal System, Jurisdiction, and Venue

∙ Judiciary

o The collection of federal and state courts existing primarily to  adjudicate disputes, and charged with the responsibility of  judicial review

∙ State Trial Courts

o The first court at a state level

∙ State Appellate Courts  

o State courts of precedent, concerned primarily with reviewing the decisions of state trial courts

∙ Trial de Novo

o A completely new trial (not an appeal)

∙ Civil Cases

o Cases in which a party seeks a remedy, such as an award for  money damages, for a private wrong committed by another  party

∙ Criminal Cases

o Cases in which the accused party is charged by the government  with committing a crime

∙ Remand

o When an appellate court sends a case back to the lower court  from which it came for further action consistent with the opinions and instructions of the higher court

∙ U.S Courts

o U.S. District Courts

 Trial courts at the federal level

o U.S. Courts of Appeal  

 The intermediate appellate court in the federal system,  frequently referred to as Circuit Courts of Appeal. 13  

circuits divided geographically in the US

o U.S. Supreme Court

 The highest U.S. court that not only reviews decisions of  the lower federal courts, but also reviews some state  

courts in issues that involve some aspect of federal law

∙ Venue

o A determination of the most appropriate court location for  litigating a dispute

∙ Subject matter jurisdiction

o The court’s authority over the dispute between parties ∙ Personal jurisdiction

o The court’s authority over the parties involved in the dispute o Also known as in personam jurisdiction

∙ Federal question

o Some issue arising from the constitution, a federal statute or  regulation, or federal common law

∙ Diversity of Citizenship

o Situation in which opposing parties in a lawsuit are citizens of  different states, or one party is a citizen of a foreign country o The case is placed under federal court jurisdiction if the amount  in controversy exceeds $75,000 and does not involve a degree of divorce, custody, or alimony

∙ Original Jurisdiction

o Jurisdiction that enables a court to be the trial court to hear the  case. The case must be filed first at this court

∙ Concurrent jurisdiction

o Situation in which two different courts each have subject matter  jurisdiction in a case

∙ In rem jurisdiction  

o Jurisdiction over real or personal property when the property  itself is the principal subject of the lawsuit

∙ Quasi in rem jurisdiction

o Jurisdiction over real or personal property when the lawsuit has  to do with personal liabilities not directly associated with the  property

∙ State long-arm statutes

o State statutes intended to allow a court to reach into another  state and exercise jurisdiction over a nonresident defendant due  to the defendant’s activities or other conduct affecting the state  in which the court sits

∙ Minimum contacts

o A legal term for when it is appropriate for a court in one state to  assert personal jurisdiction over a defendant in another state

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