Business Law Review Sheet

Chapter 1: Introduction and Classification of Law
A.
* Constitutional Law The federal government and the states have separate written constitutions that set forth the general organizations, powers, and limits of their respective governments. * Statutory Laws enacted by legislative bodies at any level of government such as the statues passed by congress or by state legislatures make up the body of law generally referred to as statutory law. Also includes ordinances, which are passed by municipal or county governing units. * Case Interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. They are the doctrines and principles announce in cases-governs all areas not covered by statutory law or administrative law and are part of our common law tradition. * Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions. "To stand by that which is decided."
B.
* Substantive v. Procedural Law The government cant make laws that exclude a group of people (gender, race, religion, etc.) v. Government cannot deprive someone’s rights without giving an appearance or hearing.
Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. The differences between the two need to be studied in greater detail, for better understanding.
Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the "due process". * Civil Law The rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person’s rights are violates. Typically in a civil case, a private party sues another private party to make that other private party comply or pat for the damage caused by failures to comply with a duty. There can also be lawsuits against the state ex: fired from a state job * Criminal Law Concerned with wrongs committed against the public as a whole. Criminal acts are defined and prohibited by local, state, or federal government statues. Public officials, such as district attorneys on behalf of the state, not the victim, thus prosecute criminal defendants. * National v. International Law US laws differ from overseas but International law is where many countries agree on a law, while national law applies only to the country that made them. * Uniform Law An unofficial set of laws proposed for all states to adopt as written, for the purpose of their being more uniformity of laws from state to state. Commissioners on Uniform State Laws have put uniform laws forth. Some of the uniform laws have been adopted by a few states only, after making minor or major changes, while others have been universally adopted, e.g. Uniform Child Custody and Jurisdiction Act; Uniform Power of Attorney Act; Uniform Anatomical Donations Act; and Uniform Arbitration Act. Non-uniform laws are single state laws that have not reached to other states. The National Conference of Commissioners on Uniform State Laws (NCCUSL) draft uniform or model laws for the states to consider adopting. * Issues of Law v. Issues of fact a question specifically regarding the application of law to a case