Podcast
Questions and Answers
A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional.
A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional.
True
Judges use precedent when deciding a case in a common law legal system.
Judges use precedent when deciding a case in a common law legal system.
True
What is one of the major functions of all administrative agencies?
What is one of the major functions of all administrative agencies?
rule making
The U.S. Constitution is the supreme law of the United States.
The U.S. Constitution is the supreme law of the United States.
Signup and view all the answers
Which of the following is not a primary source of law?
Which of the following is not a primary source of law?
Signup and view all the answers
When a new statute is enacted by the Missouri legislature, where does it apply?
When a new statute is enacted by the Missouri legislature, where does it apply?
Signup and view all the answers
What may a firm be subject to when doing business internationally?
What may a firm be subject to when doing business internationally?
Signup and view all the answers
What area of law deals with private disputes, such as injuries and damages?
What area of law deals with private disputes, such as injuries and damages?
Signup and view all the answers
Why are administrative agencies created?
Why are administrative agencies created?
Signup and view all the answers
In early England, common law rules developed from what?
In early England, common law rules developed from what?
Signup and view all the answers
What is one primary source of American law?
What is one primary source of American law?
Signup and view all the answers
A state's constitution is a primary source of law in that state.
A state's constitution is a primary source of law in that state.
Signup and view all the answers
What is the term for law based on documents that set forth the government's organization and powers?
What is the term for law based on documents that set forth the government's organization and powers?
Signup and view all the answers
Of all U.S. laws, what is considered supreme over all others?
Of all U.S. laws, what is considered supreme over all others?
Signup and view all the answers
If the U.S. Supreme Court deems a state criminal law unconstitutional under the Fourth Amendment, what will happen to that law?
If the U.S. Supreme Court deems a state criminal law unconstitutional under the Fourth Amendment, what will happen to that law?
Signup and view all the answers
Statutes are enacted by either the U.S. ___________ or state ___________
Statutes are enacted by either the U.S. ___________ or state ___________
Signup and view all the answers
When the U.S. Congress passes federal statutes, states are not obligated to follow them.
When the U.S. Congress passes federal statutes, states are not obligated to follow them.
Signup and view all the answers
What is the uniform law adopted by all states that facilitates business transactions?
What is the uniform law adopted by all states that facilitates business transactions?
Signup and view all the answers
Which of the following is not true of administrative agencies?
Which of the following is not true of administrative agencies?
Signup and view all the answers
What type of agency is the Federal Trade Commission?
What type of agency is the Federal Trade Commission?
Signup and view all the answers
What does enabling legislation do?
What does enabling legislation do?
Signup and view all the answers
Case law is based on the decisions made by those who run administrative agencies.
Case law is based on the decisions made by those who run administrative agencies.
Signup and view all the answers
What are statutory laws?
What are statutory laws?
Signup and view all the answers
What are constitutional laws?
What are constitutional laws?
Signup and view all the answers
What are administrative laws?
What are administrative laws?
Signup and view all the answers
What is case law?
What is case law?
Signup and view all the answers
A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
Signup and view all the answers
What does the Latin term stare decisis mean?
What does the Latin term stare decisis mean?
Signup and view all the answers
What is binding authority?
What is binding authority?
Signup and view all the answers
What is persuasive authority?
What is persuasive authority?
Signup and view all the answers
A binding authority does NOT include:
A binding authority does NOT include:
Signup and view all the answers
What remedies include specific performance?
What remedies include specific performance?
Signup and view all the answers
Today, most jurisdictions maintain separate courts of equity and courts of law.
Today, most jurisdictions maintain separate courts of equity and courts of law.
Signup and view all the answers
Study Notes
Federal Law and Constitutional Supremacy
- A federal law conflicting with the U.S. Constitution is deemed unconstitutional.
- The U.S. Constitution is recognized as the supreme law of the United States, surpassing all federal and state laws.
Legal Foundations and Sources of Law
- Precedent is utilized by judges in common law systems for case decision-making.
- Primary sources of law include constitutions, statutes, regulations, and case law; a legal encyclopedia is not considered a primary source.
- Statutes are laws enacted by Congress or state legislatures, applicable within their jurisdiction.
Administrative Law and Agencies
- A significant function of administrative agencies is rule-making to govern specific areas.
- Administrative agencies exist to perform specific government functions, supported by enabling legislation that grants them authority.
- The Federal Trade Commission serves as an example of an independent regulatory agency.
Types of Law
- Civil law applies to disputes such as personal injury cases, distinguishing from criminal law.
- Sources of international law include laws of individual nations, treaties, and international organization statutes.
- Statutory laws are enacted by various legislative bodies at federal, state, and local levels.
Case Law and Precedents
- Case law arises from the decisions of judges in court opinions, providing legal principles for future cases.
- The Latin phrase "stare decisis" signifies adhering to established precedents in judicial rulings.
- Binding authority must be followed by courts, while persuasive authority can guide but is not mandatory.
Constitutional and Statutory Law Distinction
- Constitutional law defines the organization and limits of government powers as expressed in the U.S. Constitution and state constitutions.
- Administrative laws comprise rules and decisions issued by administrative agencies, distinct from case law.
Remedies and Court Systems
- Remedies in equity provide specific performance as a legal remedy, contrasting with remedies available at law.
- Most jurisdictions do not maintain separate courts for equity and law, reflecting a modern integrated judicial system.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge of foundational concepts in business law with these flashcards. This quiz covers key legal principles, including the supremacy of the U.S. Constitution and the use of precedent in common law. Perfect for law students or anyone interested in legal studies.
