Exam 1.StudyGuide

Exam 1.StudyGuide - BUS Law Exam 1: Ch 1-7 Ch1: The Common...

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BUS Law Exam 1: Ch 1-7 Ch1: The Common Law tradition (7) Early English Courts: Common Law : the body of law developed from custom or judicial decisions in English and U.S. Courts, not attributable to a legislature. So you don’t have to re-invent the wheel. Law set by past cases. Started when Norman King unified the country through king’s courts. Common law developed from King’s decisions in cases. Set precedent : a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar principles or facts. As time went on, was published for all to read. Stare Decisis : Common law doctrine under which judges are obligated to follow the precedents established in prior decisions. 2 aspects: decisions made by higher court bind lower court. Court can’t overturn its own precedents unless strong reason to do so. Controlling precedents in a jurisdiction are referred to as binding authorities : any source of law that a court must follow when deciding a case. Include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents w/in the jurisdiction. Stare decisis helps to stabilize the legal system- it’s more efficient because if other courts have gone through the same thing, past things can serve as guides. With it, law more predictable. Isn’t just up to one judge anymore. Where no precedent = “cases of first impression” – look at other jurisdiction’s precedent for advice- which are: Persuasive Authority : any legal authority or source of law that a court may look to guidance but on which it need not rely in making its decision. Persuasive authorities include cases from other jurisdictions and 2ndary sources of law. Equitable Remedies and Courts of Equity Remedy : the relief given to an innocent party to enforce a right or compensate for the violation of a right. It’s what you sue for. What will fix it. In a court of equity, remedy can be specific performance (order to perform what was promised) or injunction (do or refrain from doing a particular act) Equity: branch of law, founded on notions of justice and fairness. Non-monetary relief comes through a court of equity. (Monetary relief comes through a court of law). Courts won’t grant an equitable remedy unless the remedy at law is inadequate. Can more easily get remedy through equity than through court of law Plaintiff : one who initiates a lawsuit. Defendant : one against whom a lawsuit is brought; the accused person in a criminal proceeding. Equitable principles and maxims : general propositions or principles of law that have to do with fairness. Developed over time. Law: File a complaint
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This note was uploaded on 02/11/2012 for the course BUSINESS 240 taught by Professor Kazura during the Spring '11 term at Berea.

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Exam 1.StudyGuide - BUS Law Exam 1: Ch 1-7 Ch1: The Common...

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