BMGT380 Study guide

BMGT380 Study guide - Dont understand difference b/w...

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Don’t understand difference b/w legislative history and prior interpretations page 3 Chapter 1 – the Nature of Law I. Types and Classifications of Law a. Types of Law i. Constitutions – exist at state and federal levels 1. Set up structure of government a. Create branches and subdivisions b. Stating powers of each – through separation of powers 2. Prevent unit of governments from taking certain actions or passing certain laws a. Prohibiting action that restricts certain rights i. Bill of Rights ii. Statutes – created by elected reps in Congress or state legislature 1. Stated in statutes book or codes 2. State statute originally Uniform acts – model statutes drafted by private bodies of lawyers a. Not law until legislature enacts them iii. Common Law – judgment law or case law, law made by judges as they decide cases not governed by statutes 1. Only exists at state level but state and deferral courts become involved in applying it 2. Precedents – follow decisions of other judges in similar cases a. Stare decisis 3. Torts, contracts, and agency are common law rules 4. Restatements -- collections of common law but American Law Institute, they are not law and do not bind courts a. States find them persuasive and adopt them 5. Case Law reasoning – courts engage when they apply common law rules iv. Equity – “raw justice” when common law produced unfair results 1. Provided remedies not available in common law courts (usually only money damages or property) a. Injunction -- court order forbidding or commanding some act b. Contract Specific i. Specific performance – ordered to perform according to terms of the contract ii. Reformation – rewrite contract terms iii. Rescission – cancellation of contract v. Administrative Regulations and Decisions –
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