Exam #1 Notes

Exam #1 Notes - Business 14 Exam #1 Common Law- Judge-made...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Common Law - Judge-made law, that is, the body of all decisions made by o Comes from the appellate court level The difference between a crime and a tort o Crime - an act that violates a political , religious , or moral command considered important in protecting the interests of the State or the welfare of its citizens or subjects. (Chapter 7) o Tort - A civil wrong, committed in violation of a duty that the law imposes. (Chapter 6) Who persecutes crimes and torts? o The government is the one that prosecutes crimes. A local prosecutor will decide whether or not to charge the defendant and bring him to trial If the defendant goes to trial, the facts of the case will be decided by a judge or a jury. Methods of ADR (Alternative Dispute Resolution) (Chapter 3) o Mediation - The process of using a neutral person to aid in the settlement of a legal dispute. A mediator’s decision is non-binding. o Arbitration - A form of alternative dispute resolution in which the parties hire a neutral 3 rd party to hear their respective arguments, receive evidence, and then make a binding decision. Steps for a Civil Suit: (Chapter 3) o Summons - A paper ordering the defendant to answer the complaint within 20 days This establishes a court jurisdiction. o File an answer (or denial) o If you go to court either of the following will decide the outcome: Judge Jury Federal judges are appointed for life (Chapter 5) Commerce Clause (Federal jurisdiction) (Chapter 5) o Gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce. Interstate commerce clause
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 05/03/2008 for the course CIM 1 taught by Professor Fisher during the Spring '08 term at Saddleback.

Page1 / 4

Exam #1 Notes - Business 14 Exam #1 Common Law- Judge-made...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online