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What is the Law?

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The Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

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Natural Law

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A higher or universal law exists that applies to all human beings and that written laws should imitate inherent principles. If written law is unjust then it is not a natural law and need not to be obeyed.

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Positivist Law

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thought centered on the assumption that there is no law higher than the law is created by the government. Obeyed even if unjust.

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Historical School

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A school of legal thought that stresses the evolutionary nature of law and looks to doctrines that have withstood the passage of time for guidance in shaping present laws.

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Legal Realism

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Advocated a less abstract and more pragmatic approach to the law, an approach that would take into account customary practices and the circumstances in which transactions take place. The school left a lasting imprint on American jurisprudence.

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Monetary Damages

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amount given to a party whose legal interest have been injured

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Remedies at Law

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compensation if a person wrongs another of one or all, 1) land, 2) items of values, or 3) money in the court of law

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Remedies in Equity

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remedies are. 1) Specific Performance; ordering a party to perform an agreement as promised. 2) Injunction; ordering a party to cease engaging in a specific activity or to undo some wrong injury 3)Rescission; the cancellation of a contractual obligation

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Plaintiff

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The suing party

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Defendant

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The party being sued

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Precedent

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decision that furnished an example or authority for deciding on the principles suggested by earlier cases. Judges attempt to base decisions on the principles suggested by earlier cases.

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Departures from precedents

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Sometimes a court will depart from the precedent if it decides it should no longer be followed; case-overturned that separate schools for blacks and whites are equal

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Stare Decisis

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Deciding new cases with reference to former decisions (precedents)

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Litigation

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A lawsuit., The process of resolving a dispute through the court system.

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Alternative Dispute Resolution

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An increasingly popular process that occurs when parties try to resolve disagreements outside of the usual adversarial system by using creative settlement techniques.

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Negotiation

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Simplest form, parties settle dispute informally, with or without attorneys to represent them

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Mediation

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A neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution

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Arbitration

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An arbitrator (third party or expert panel) hears a dispute and imposes a resolution on the parties

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Arbitration clause

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specifying that any dispute arising under the contract will be resolved through arbitration rather than court, A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

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Summary Jury

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parties present their arguments and evidence and the jury renders a verdict and the jury's verdict is not binding, but it is a guide to both sides

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Motion for Summary Judgement

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Asks the court to grant a judgment in that party's favor without a trial. Only granted if its determines that no facts are in dispute and the only question is how the law applies to the facts.

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Checks and Balances in Constitution

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For each branch to check the other branches to make sure none has too much power.

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Discovery

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A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

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Voire Dire

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jury selection process to make sure jurors are not bias or related to plaintiff or defendant

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Police Powers

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State regulatory powers

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Can a state enact a statute that violates the United States Constitution?

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The constitution is the supreme law of the land. No state can enact a statute that violates it. Federal laws have power over State law.

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Appellant

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A party appealing a court decision or ruling.

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Appellee

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The party against whom an appeal is filed

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Equal protection

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Government cannot enact laws that treat similarly situated individuals Differently

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Procedural due Process

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The government must give a person proper notice and an opportunity to be heard.

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Strict Scrutiny

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If a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to \"

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Intermediate Scrutiny

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Cases involving discrimination based on gender or legitimacy

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Full Faith and Credit Clause

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Ensures that rights established under eeds, wills, contracts, and similar instruments in one state will be honored by other states

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Commerce Clause

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Prevents states from establishing laws and regulations that would interfere with trade and commerce among states

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Tort

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To compensate those who have suffered a loss or injury due to another person's wrongful act.

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Defamation

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Hurting a person's good reputation

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Libel

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Hurting a person's good reputation with statements in writing or other permanent forms.

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Slander

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False charges and malicious oral statements about someone

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Appropriation

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Use of another person's name, likeness, identifying characteristic without permission and benefit of user.

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Wrongful interference with a contractual relationship

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Maliciously induce a person to commit breach of contract or disrupted ability of party to perform their obligations under a contract.

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Wrongful interference with a Business Relationship

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Unreasonably interfering with another's business in their attempt to gain a greater share of the market

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Constitutional Law

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laws expressed in the federal and state constitutions that set forth general organization, powers, and limits, of their respective government

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Statutory Law

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Laws enacted by federal, state, and local legislatures, Law passed by the U.S. Congress or state legislatures

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Administrative Law

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Law that governments enact to regulate industries, businesses, and professionals.

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Case Law

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A law established by following earlier judicial decisions

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Legislative Branch

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(Congress) citizens elect legislators to the Senate and House of Representatives. It establishes laws

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Executive Branch

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the branch of government that carries out laws, Led by the President, carries out laws, heads the military, holds meetings in the White House - Found in the Second Article of the Constitution

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Judicial Branch

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Branch that interprets laws

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Intentional Tort

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Require intent. The tortfeasor must intend to commit an act that interferes with personal or business interests in a way not permitted by law

Brooklyn College Business Law 1 MIDTERM

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