Biz Law 1 Aug29 Class Notes and Exam Review Questions.docx

Biz Law 1 Aug29 Class Notes and Exam Review Questions.docx...

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Biz Law 1 Aug 29 Supremacy clause- the constitution is the supreme law of the land. 2 courts- courts of law- monetary damages courts of equity- equitable remedies (forcing people to do and not to do something) Every type of law will be either Substantive or Procedural Civil or Criminal Common or Statutory Substantive law defines or creates the rights and obligations of persons and government Procedural law includes general principles and detailed rules that defines______ Civil law defines the rights between individuals or individual’s and government Criminal law defines an individual’s obligations to society as a whole. Civil- plaintiff (person initiating action) is the one suing Criminal- prosecutor represent society as a whole *In civil court you have to prove by the preponderance of evidence more likely than not that a fact exists. Greater than 50% *In criminal court you have to have beyond a reasonable doubt. There is more at stake and there is a higher burden of proof. Common Law V. statutory law Creation- Judicial branch decisions in cases appearing before the courts vs. Legislative through a formal law-making process Form- Rules found in decisions of prior cases vs. codified text Scope- Narrow-limited to actual cases vs. Broad-subject only to constitutional limitations Effect of Social Forces- indirect judges who has a lifetime appointment so he is not worried about being removed from his position because of a case VS. Congress or the General Assembly
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