BLS Exam 1 Notes

BLS Exam 1 Notes - BLS Exam 1 Notes 40 questions multiple...

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BLS Exam 1 Notes – 40 questions multiple choice Classifications: Substantive Laws vs. Procedural Laws - Substantive: define rights and obligations (for example upholding a contract) o Ex: if you run over someone you need to pay them or you need to have a case - Procedural: rules in place to enforce our substantive rights o Ex: if you are run over by a car you go about your case starting with filling out forms etc. Public Law vs. Private Law Public Law: in terms of the government; effects many people, purpose is to protect everyone - Substantive public law - Procedural public law - Government People Private Law: the government is NOT directly involved, concerns with rights/obligations of individuals with respect to individuals - Substantive private law - Procedural private law - People People Criminal Law vs. Civil Law Criminal Law: most of the time falls under public law - Owe jail time - Defining what is illegal and providing a remedy in order to protect society as a whole - “Burden of Proof”: you must prove beyond reasonable doubt in this type of case Civil Law: can be public or private - Owe money State of California vs. OJ Simpson ---- criminal case which does not provide for the victim - Public law, criminal law, murder - Consequence = prison - In a criminal case the parties are the government vs. defendant. Civil laws exist to grant the victim their entitlement (money) Private Law vs. Public Law - Private law does not involve the government Civil Law vs. Criminal Law - Civil : involves rights/responsibilities involved in relationship between people and their government - Criminal: involves incidents in which someone commits an act against the public as a whole o Earns jail time o All a product of statutes 1
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o Criminal law public law – the government is responsible to prosecute the crime The victim is not a party; rather the government protects the public; Victim’s party does not appear in court instead it’s the state of California present Ex: state of California vs. OJ Simpson --- murder case. Need proof beyond a reasonable doubt. o Civil law private law – Estate of Ron Goldman vs. OJ Simpson Probate laws – compensation for the victim, their family, etc. Wrongful death statutes – heirs of murder victim have the right to collect compensation from the murderer This is the victims chance in court preponderance of evidence” – does the murderer need to compensate – is there a liability? OJ is found liable in this case so he moved to Florida because there you cant get your pension taken from you Sources of Business Law (6) - Constitutions: purpose is to limit the power of the government - Statutes - Cases - Administrative Law - Treaties - Executive Orders Common Law: judges hear cases and make decisions Precedent: if you hear a case similar to one in the past and decide I am going to maintain the decision that was made back then = “state decisis”, in other words stand by your
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This document was uploaded on 10/27/2011 for the course MKT 291 at Miami University.

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BLS Exam 1 Notes - BLS Exam 1 Notes 40 questions multiple...

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