BA Exam 1 Study Guide

BA Exam 1 Study Guide - Kelly Miller BA 241 Unit 1 Exam...

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Kelly Miller 09/25/07 BA 241 Unit 1 Exam Study Sheet U.S. Constitution = defines & limits government power. legislative “passes laws” Congress (House & Senate), executive “enforces” President and deps under his control, judical “interprets” Courts (Appellate, Trial, Specialized); administrative agencies; Independent Agencies all ex. Syllabus + missed test United States Code = statutes passed by Congress Congressional Record = Proceedings of Congress Code of Federal Regulations = administrative regulations Federal Register = daily gazette of Government, executive and administrative announcements Case Decisions = results of specific cases published by the Court Court Dockets = listing of what is filed in a particular case State Governments: International Law = complex weave of traditions, treaties, compacts, etc. The United States Government Manual describes the origins, purposes, and administrators of every federal department and agency. Contracts : language of business, enforceable promises; Require: offer, acceptance, consideration, legality, capacity, proper from Can be: oral or written; express or implied; formal or informal; enforceable or not Torts: unprivledged invasion of a legally protected sphere; not contracts. Intentional : assault, batterym false imprisonment, defamation, etc. Unintentional: negligence Natural Law : Assumes that law, rights and ethics are based on universal moral principals inherent in nature discoverable through the human reason.; oldest view; “the Laws of Nature.” Positive Law : is the supreme will of the State that applies only to the citizens of that nation at that time; not universal; The morality of a law, or whether the law is “bad or good,” is irrelevant. Historical : Emphasizes the evolutionary process of law; origins of the legal system; the test of time; Follows decisions of earlier cases. Legal Realism Sources of American Law : U.S. & State Constitutions; Statutory Law-fed, state and local; Admin. regs and decisions (most changeable); Case Law and Common Law Doctrines. Common Law Tradition : based on English-traditions, customs, rules, cases LAW (monetary)- ‘kings courts’ remedies limited to law, based on precedence EQUITY (non-monetary)- instances where result was legal but unjust Stare Decisis Precedents : judicial decisions that can be applied in future cases. Decision Method : Issue, Rule, Application, Conclusion OR Facts, Issue, Holding, Reasons Gov Branches : All have equal powers, legislative (passes laws), executive (enforces), judical (interprets); administrative agencies: all ex. Syllabus + missed test Legal Reasoning: Deductive Reasoning: use of syllogism, a type of logical relationship involving a major/minor premise; Linear Reasoning: Proceeds from
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BA Exam 1 Study Guide - Kelly Miller BA 241 Unit 1 Exam...

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