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test 1
the legal environment of business
14
Management
Undergraduate 2
10/03/2008

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Term
Common law
Definition
Law that is made up from a case by case basis, where there is no written rule, but there have been many cases that have ruled the same way that set precedent on a case being heard
Term
Precedent
Definition
A decision used in a case with similar fact situations
Term
Stare Decisis
Definition
The use of precedent by courts; the use of prior decisions to guide decisions making in the cases before the courts
Term
Constitution
Definition
the fundemental law of the nation that establishes the power of the government and it's basic structure; the controling authority over all other laws
Term
procedural law
Definition
provides the "process" that the case will go through (whether it goes to trial or not). The procedural law determines how a proceeding concerning the enforcement of substantive law will occurStatute/Statutory Law
Term
Substantive law
Definition
defines how the facts in the case will be handled, as well as how the crime is to be charged. In essence, it deals with the "substance" of the matter.
Term
Ethics
Definition
The duty which members of a society owe to other members
Term
morals
Definition
generally accepted standerds of right and wrong
Term
Law v. Ethics/Morals
Definition
Laws have consequences for the way one acts, or fails to act
Term
Subject jurisdiction
Definition
a courts right to hear a case, based on what type of court it is
Term
personal jurisdiction
Definition
refers to a court's power over a particular defendant or an item of property.
Term
injunction
Definition
have someone stop an action
Term
specific preformance
Definition
make someone preform an action
Term
punitive damages
Definition
outrageous acts
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