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Concepts - Exam #1 - Flashcards

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Class:MGMT 217 - Legal Environment of Business
Subject:MGMT-MANAGEMENT
University:Northern Illinois University
Term:Spring 2010
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      Mode:   CARDS LIST       ? pages   PRINT EXIT
Functions of the Law -Social Control -Resolving Disputes -Social Values -Social Change
Common Law Judge made law - made from past cases
Statutory Law Law made by the legislature
Stare Decisis Using precedent in deciding cases, strictly liable, Judges must use this.
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Civil Court civil cases are between private parties
Criminal Court criminal cases are people against the government
Structure of the Court System - Federal Lowest Court (District Court) Original Jurisdiction 2nd Court (Appellate Court) - makes sure the law was applied correctly highest court (Supreme court)
Structure of the Court System - State each state has a similar court system to Federal government
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Structure of the Constitution Federal law of the land, will always win in court cases
Amendments are the peoples rights
Political Speech by Businesses they are aloud to do it
Commercial Speech advertisements, and they have 1st amendment protection
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Commerce Clause Federal government's right to regulate business, it is expanding
Taxing Power Federal government can tax anything to rais revenue or to punish or deter or encourage States cannot tax other states products for different amounts
Fifth Amendment - Self Incrimination only applies to an individual in criminal cases does not apply to businesses, they must present incriminating documents
Fifth Amendment - Taking of Private Property for Public Use government can take it, but they must give you compensation
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Fourth Amendment - Warrant Requirements protects from unreasonable search and seizure
Jurisdiction the right of the court to hear and decide your case
Subject Matter (the conflict) special conflicts go to special courts, (civil court, bankruptcy court, criminal court)
In Personum (the person) live in that state, or do business in that state, or you agree to it
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In Rem (the property) where the property is, the state has jurisdiction
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 Functions of the Law-Social Control
-Resolving Disputes
-Social Values
-Social Change
 Common LawJudge made law - made from past cases
 Statutory LawLaw made by the legislature
 Stare DecisisUsing precedent in deciding cases, strictly liable, Judges must use this.
 Civil Courtcivil cases are between private parties
 Criminal Courtcriminal cases are people against the government
 Structure of the Court System - FederalLowest Court (District Court) Original Jurisdiction

2nd Court (Appellate Court) - makes sure the law was applied correctly

highest court (Supreme court)
 Structure of the Court System - Stateeach state has a similar court system to Federal government
 Structure of the ConstitutionFederal law of the land, will always win in court cases
 Amendmentsare the peoples rights
 Political Speech by Businessesthey are aloud to do it
 Commercial Speechadvertisements, and they have 1st amendment protection
 Commerce ClauseFederal government's right to regulate business, it is expanding
 Taxing PowerFederal government can tax anything to rais revenue or to punish or deter or encourage

States cannot tax other states products for different amounts
 Fifth Amendment - Self Incriminationonly applies to an individual in criminal cases

does not apply to businesses, they must present incriminating documents
 Fifth Amendment - Taking of Private Property for Public Usegovernment can take it, but they must give you compensation
 Fourth Amendment - Warrant Requirementsprotects from unreasonable search and seizure
 Jurisdictionthe right of the court to hear and decide your case
 Subject Matter (the conflict)special conflicts go to special courts, (civil court, bankruptcy court, criminal court)
 In Personum (the person)live in that state, or do business in that state, or you agree to it
 In Rem (the property)where the property is, the state has jurisdiction
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