Business Law Cheat Sheet

by bseto via cheatography.com/26199/cs/9116/

Sources of Law (Chp.1) Sources of Law (Chp.1) (cont) Sources of Law (Chp.1) (cont)

The most The Consti​tution (it is one of the most important functions of law is to cyberlaw consists of tradit​ional legal principles
important primary supreme) provide stability and predic​tab​ility that have changed because of technology and
source of law is new laws that govern unique problems related
A precedent is a decision that furnishes an
to technology
State consti​tutions are a primary source of law. example or authority for deciding subsequent
cases involving similar legal principles or facts. define: remedy, substa​ntive law, procedural law
Statutory law, a primary source of law, involves
the U.S. Congress and state and local A source of law that courts must follow when
legisl​atures. deciding a case is called a binding authority. A Judiciary Role (Chp. 2)
binding authority does NOT include opinions
The U.S. Congress passes federal statutes that the doctrine of judicial review allows the judicial
from trusted newspapers
apply to all states. branch to decide whether laws or actions of the
Cases where there is no binding precedent in other two branches are consti​tut​ional
The Uniform Commercial Code is a uniform law
the jurisd​iction are called cases of first
adopted by all states that facili​tates commerce. the power of judicial review has remained
impression .
Admini​str​ative agencies are created to perform unchal​lenged since Marbury v. Madison
court of law and equity no longer decide
specific government functions Marbury v. Case?
approp​riate cases and provide the approp​riate
Case law is derived from judges' decisions for Madison
remedies.
actual cases. A long arm statute allows one state's court to
Positivist there is no law higher than the laws
Admini​str​ative Law the rules, orders, and exercise jurisd​iction over a defendant from
created by the government
decisions of federal, another state who has minimum contacts with
Historical doctrines that have withstood the the state in which the court is located.
state, or local government
admini​str​ative agencies passage of time help guide us in
concurrent cases involving federal questions
shaping present law
Statutory Law laws (statutes and jurisd​iction and diversity of citize​nship cases
ordina​nces) enacted by Natural universal law as applicable to all
exclusive cases involving all matters not
Law human beings
federal, state, and local state subject to federal jurisd​iction
legisl​atures legal takes into account customary jurisd​iction
realism practices and the circum​stances
Consti​tut​ional Law the laws expressed in the exclusive cases involving federal crimes,
surrou​nding the particular
US Consti​tution and state federal bankru​ptcy, patents, copyri​ghts,
consti​tutions transa​ction
jurisd​iction tradem​arks, and suits against the
Case Law judge made laws One way to divide law is into procedural law US
and substa​ntive law .
Tradit​ion​ally, Money, land, and items of venue *
courts of law offer value civil law the law the governs relations
standing three elements: causation,
between people
three remedies, to sue remedy, and harm *
called remedies at a law against not performing an employee
original exists with courts that have the
law argument cannot be at issue in criminal law
jurisd​iction authority to hear a case for the
Remedies in equity involve specific cyberlaw is not a classi​fic​ation of law first time called trial courts
perfor​mance.
When one country violates intern​ational law,
Part of the common law tradition relies on the enforc​ement can take the form of into
doctrine of stare decisis persuasive tactics and severance of diplomatic

the Latin phrase for stare deceases means to relations

stand on decided cases the primary source of law in a civil law system is
statutory laws
stare decisis issue ruling that are
consistent with
precedents establ​ished in
similar cases

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 Business Law Cheat Sheet
by bseto via cheatography.com/26199/cs/9116/

Judiciary Role (Chp. 2) (cont) Judiciary Role (Chp. 2) (cont) Judiciary Role (Chp. 2) (cont)

subject limits the court's jurisd​ict​ional motion for * Altern​ativ the resolution of disputes in other
matter authority to particular types of a e dispute ways than those involves in
cases and can be either limited or judgement resolution tradit​ional judicial process
general jurisd​iction not (ADR) (negot​iation, mediation, and
withst​andi arbitr​ation)
appellate exists with courts of appeal and
ng the
jurisd​iction review negoti​ation is the simplest form of ADR
verdict
a federal court can exercise jurisd​iction if a because it is informal and does not require a
filing the the appealing party files a notice third party like arbitr​ation, mediation, and
case involves a treaty, the Consti​tution, or a
appeal of appeal with the trial court facili​tation
federal law
appellate the appellate court does not hear in arbitr​ation, the arbitrator hears the dispute
Order of trial court, interm​ediate appellate
most court court, supreme court review evidence. they may affirm or and imposes a solution on the parties

systems reverse the trial court's judgement arbitr​ation the parties present their argument
or remand the case for further snap evidence to an arbitrator at a
trial courts often deal with questions of fact
procee​dings hearing and the arbitrator renders
appellate deal with questions of law
Your attorney prepares a brief to present to the a decision resolving the dispute
or
appellate court when you decide to appeal the arbitr​ation a part of the contract that provides
reviewing
trial court's decision. clause that the parties will submit the
courts
The public has access to electronic court filings dispute to arbitr​ation rather than
the Supreme court has to issue a writ of
through a system called PACER litigate the dispute in court
certiorari before it hears a case
negoti​ation a process in which parties attempt award the arbitr​ator's decision
litigation is the process of moving a case
to settle their dispute without
through the courts major non-profit ADR provider is the AAA
going to court with or without
a default judgement is NOT involved in the two arbitr​ability involves a court deciding whether a
attorneys to represent them; meet
basic pleadings of a lawsuit matter is one that must be resolved through
informally
arbitr​ation.
A deposition is given orally by a party to a mediation settling the disputes in which a
lawsuit or a witness before a trial most states have adopted the uniform
neutral third part assists disputing
arbitr​ation act
pretrial a pretrial hearing after discovery. parties in reconc​iling their
differ​ences When one party files a lawsuit to compel
conference the goal is settlement
arbitr​ation, the courts must resolve the issue of
jury during the process of void dire, online the resolution of disputes with the
arbitr​abi​lity.
selection prospe​ctive jurors can be dispute assistance of organi​zations that
resolution offer disput​e-r​eso​lution services 90%of cases are settled through some form of
challenged
via the internet; best for resolving ADR
At the conclusion of the plaint​iff's case, the
small sized business claims
defend​ant's attorney may ask for a directed Marbury v. Madison
verdict. harm
causation
When a jury reaches its decision, it typically
affirm​ative defense
issues a verdict in favor of one party.
discovery process
When the jury clearly misapplied the law or pretrial motions
misund​erstood the evidence, a judge will grant
a motion for a new trial

if someone loses a trial, they can make a

motion for a judgement not withst​anding the
verdict

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