Final review

Final review - Business Law Review 47 questions on test 27...

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Unformatted text preview: Business Law Review 47 questions on test 27 from chp 1-10 20 from last 4 ch. 4 from ethics System of Law- Common Law o Common laws foundation has respect for judicial review Once a decision is made on case, it should be respected, and future cases of similarity should be judged accordingly This is how the common law became established Legislation o If the judiciary interprets the law a certain way, legislation can change the law o If legislation conflicts with Constitution, the const. always wins Judiciary controls this determination o What US Court case first stated this idea? Marbury v. Madison (1803) Double Jeopardy o Multiple criminal prosecutions by the same sovereign This is NOT allowed o New evidence is discovered just after jurys not guilty verdict Trial still cannot be retried o Can the prosecution call it something else, such as rape the first time and assault and battery the second? No o Can he be prosecuted by another sovereign? Example: if the state of Georgia prosecutes someone for attempting to take the life of a federal judge, and the defendant is found not guilty be prosecuted by the United States? Absolutely o TCan the defendant be sued in civil if found not guilty in criminal court? Yes. OJ Simpson Liable and Guilty are not the same thing.Liable is used in civil cases as responsible for the harm done Guilty means that the defendant did the crime in a criminal case State Action o Constitution only applies when there is Govt involvement o Private entities are not required to respect constitution Due Process o Basic fair play. Most general expression in constitution, but only applies to the constitution If prosecuted for a felony, you have a right to an attorney. This is due process When academic dishonesty is suspected students are righted to due process at UA and other public universities, but not at private institutions such as Hendrix College or Wheaton. o Equal Protection Only applies to Federal Government, NOT private sector Ex: Arkansas passes law saying Walmart must pay 10% income tax but all other companies pay only 5% tax. This is NOT legal under equal protection Treating classes of people differently is not always illegal. Income tax brackets Draft F reedoms Listed under the Bill of Rights o Freedom of speech o freedom of religion o the right to keep and bear arms o the freedom of assembly o the freedom to petition o freedom of the press o I t also prohibits unreasonable search and seizure , cruel and unusual punishment , and compelled self-incrimination . Precedent- Stare Decisis o The value of stare decisis Unless good reason to change the law, follow precedents set by previous rulings on similar cases. Out of court settlements are NOT law Trial court verdicts are NOT precedents, and have no value. They cannot be cited in other courts, including other t rial courts. Only when the case enters...
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This note was uploaded on 08/08/2011 for the course WCOB 1023 taught by Professor Sandeepgoyal during the Spring '08 term at Arkansas.

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Final review - Business Law Review 47 questions on test 27...

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