LGLS 1101 Midterm.docx - LGLS 1101-014 Prof Lammendola 28...

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LGLS 1101-014 Prof Lammendola 28 February, 2019 Legal Environment of Business Midterm Study Guide CHAPTER 1: Court: Plaintiff – Person suing Defendant – Person being sued Caption – At the top of the case, ex.) State vs. Name of Defendant Citation – Underneath the caption, retrieval address for case. Ex.) 1997 ND 15, 600 N.W.2 900 Appellant – Loser at trial, can move forward through appellate courts Appellee – Winner at trial Trial Courts – Place where case begins, jury hears case & decides disputed issues of fact, 1 judge presides over case Appellate Courts – Reviews actions of trial court, usually have published opinions for uniformity/consistency, no trials held – panel of 3 judges hears case Process of Judicial Review (Appellate) – Determine whether error was made, transcript and trail exhibits, trial judge sends opinions to appeals court, parties submit written briefs to summarize the evidence and issues. Courts at appellate level can interpret via statutory and constitutionality. Stare Decicis – Central concept of the system of precedent, i.e. prior decisions should not be changed by the court. Foundation for precedence in common law.
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Exceptions to stare decisis – When precedent may not be followed when: cases are factually distinguishable, precedent is from another jurisdiction, technology changes, or sociological, more, or economic changes. Precedent – Goes hand in hand w/ stare decicis, prior rulings at equivalent or higher levels in the court structure. If Court of Appeals states a law, federal district courts & specialty courts must follow. Interpreting precedent – The rule of law in the case is the precedent, dicta is the discussion of relevant law (dicta is NOT the precedent) Pro se – a party may choose to defend themselves; “on behalf of themselves” Judicial Opinions : Majority – Agreement with the outcome of a case and analysis behind the outcome Concurring – Agreement with the outcome of the case but not with analysis behind the outcome Dissenting – Disagreement with the outcome of the case Affirm – Appellate court determines lower court reached correct decision Reverse – Lower court is wrong; make their own decision Remand – When appellate court finds out trial judge made an error, and they need clarification Types of Law: Common Law – Judge-made law; U.S. legal system practices common law
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Case Law – Courts interpreting other laws Criminal Case – To get defendant in jail Civil Case – To get money (commonly for reparation purposes) Statutory Law – Laws made by different branches of Government. Passed by a majority of votes in the Senate and the House of Representatives and signed into law by the President. Court decisions DO affect statutes; in the context of individual cases. A court can determine a statute unconstitutional. Congress CAN overturn a court decision by passing a new statute.
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