StudyBlueOklahomaOklahoma State University.docx - State University StillwaterBusiness LawBusiness Law 3213Wroldsen EXAM 1(Wroldsen EXAM 1(Wroldsen

StudyBlueOklahomaOklahoma State University.docx - State...

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StudyBlueOklahomaOklahoma State University - StillwaterBusiness LawBusiness Law 3213Wroldsen EXAM 1 (Wroldsen) EXAM 1 (Wroldsen) Business Law 3213 with Wroldsen at Oklahoma State University - Stillwater † Universal Morality Includes general moral norms found in all cultures-Leading ethicists conclude it does exist majority rules political principle providing that a majority of the members of a community has the power to make laws binding upon all the people. Advertisement natural law the belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. This school is the oldest and one of the most significant schools of legal thought positive law the body of conventional or written law of a particular society at a particular point in time historical approach looks to past to discover what the principles of contemporary laws should be Legal realism Focus on the law in action, rather than the theoretical Laws must be viewed in practical application Acknowledges moods, biases (even subconscious), etc. in decision-making study of legal decision making Hierarchy of Authority: Constitution Highest law of the land, everything is looked at under this umbrella--nothing can violate it, courts decide what is constitutional Hierarchy of Statutes (Laws) US Constitution Federal Statutes State Constitutions State Legislation Ordinances (official in municipalities or counties within a state may adopt ordinances) regulations hierarchy of law enacted by administrativebodies Supreme Court -Cases from circuit courts of appeals -Cases from highest state courts (IF it is a constitutional issue) -All other courts are inferior to Supreme Court’s decisions -writ of certiorari -rule of four Court of appeals court with appellate jurisdiction that hears appeals Advertisement
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trial court type of court in which a judge or jury listens to the evidence and reaches a verdict, or decision, in favor of one party in he case or another The lower courts are called the trial courts. a trial where the case is listened to and evidence is presented to reach a final decision by the judge or jury damages money sought as a remedy for a breach of contract or for a tortious act equitable remedies allowed by the courts in situations where remedies at law are not appropriate. Based on settled rules of fairness, justice, and honesty. Include injunction, specific performance, recession,
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