Podcast
Questions and Answers
Which of the following is NOT a primary function of law?
Which of the following is NOT a primary function of law?
- Preserving individual rights
- Protecting minorities against majorities
- Promoting rapid social change (correct)
- Maintaining the status quo
Which school of thought asserts that the law is what the courts actually do in practice, rather than what is written down?
Which school of thought asserts that the law is what the courts actually do in practice, rather than what is written down?
- Legal Positivism
- Legal Realism (correct)
- Historical School
- Natural Law
How do regulations, as a source of law, differ from statutes?
How do regulations, as a source of law, differ from statutes?
- Regulations are enacted by legislative bodies, while statutes are from the executive branch.
- Regulations are created by judicial opinions, while statutes are by legislative bodies.
- Regulations are only applicable at the state level, whereas statutes apply federally.
- Regulations originate from the executive branch, while statutes are created by legislative bodies. (correct)
Which area of law involves principles and rules related to duties and rights among individuals?
Which area of law involves principles and rules related to duties and rights among individuals?
A state trial court has general jurisdiction. Which types of cases can it typically hear?
A state trial court has general jurisdiction. Which types of cases can it typically hear?
What is the role of State Intermediate Appellate Court?
What is the role of State Intermediate Appellate Court?
Which statement best describes an attorney's role in litigation?
Which statement best describes an attorney's role in litigation?
What is the main purpose of the 'discovery' phase in the litigation process?
What is the main purpose of the 'discovery' phase in the litigation process?
In the litigation process, what immediately follows initial pleadings?
In the litigation process, what immediately follows initial pleadings?
What is one of the primary goals when creating a contract?
What is one of the primary goals when creating a contract?
Which of the following is NOT considered a basic element required for contract formation?
Which of the following is NOT considered a basic element required for contract formation?
What is the general role of 'contract law' in business transactions?
What is the general role of 'contract law' in business transactions?
Which activity is MOST indicative of the 'Pretrial Preparations and Trial' phase in litigation?
Which activity is MOST indicative of the 'Pretrial Preparations and Trial' phase in litigation?
Which of the following is NOT something an attorney does?
Which of the following is NOT something an attorney does?
How does the 'Summary Judgment' stage affect the litigation process?
How does the 'Summary Judgment' stage affect the litigation process?
In the context of the legal system, what is the primary significance of 'judicial opinions'?
In the context of the legal system, what is the primary significance of 'judicial opinions'?
How does 'Legal Positivism' differ from 'Natural Law'?
How does 'Legal Positivism' differ from 'Natural Law'?
Which branch of government is primarily responsible for creating statutes?
Which branch of government is primarily responsible for creating statutes?
Which of the following describes 'Critical Legal Studies'?
Which of the following describes 'Critical Legal Studies'?
In contract law, which element signifies a 'meeting of the minds,' indicating that all parties agree to the terms?
In contract law, which element signifies a 'meeting of the minds,' indicating that all parties agree to the terms?
Flashcards
Functions of Law?
Functions of Law?
Keeping peace, maintaining order, protecting rights, promoting justice.
Legal Positivism
Legal Positivism
A legal concept emphasizing the importance of established laws created by a governing entity.
Natural Law
Natural Law
A philosophical belief that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source.
Legal Realism
Legal Realism
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Civil Law
Civil Law
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Criminal Law
Criminal Law
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Contracts
Contracts
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Goals of Contract Drafting?
Goals of Contract Drafting?
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Basic elements of a contract?
Basic elements of a contract?
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Common Law
Common Law
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Study Notes
- Marketing and Sales Law, LAW 4860, overview of the legal environment of business.
Functions of Law
- It maintains peace in society.
- It protects minorities against majorities.
- It maintains the status quo.
- It promotes social justice.
- It preserves individual rights.
- It provides for orderly social change.
Schools of Thought
- Legal Positivism is one school of thought on law.
- Natural Law is another school of thought.
- Legal Realism, Historical, Critical Legal Studies, and Law and Economics also offer perspectives.
Classification of Law
- Law is classified as either criminal or civil.
- Criminal law is further divided into procedural and substantive aspects.
- Civil law is also divided into procedural and substantive aspects.
- Public and private law are types of substantive civil law.
- Public law includes administrative and constitutional law.
- Private law includes topics like torts, contracts, property, and business organizations.
Sources of Law
- Constitutions at both the state and federal levels are sources of law.
- Statutes enacted by legislative bodies are a source of law.
- Regulations issued by the executive branch are a sources of law.
- Judicial Opinions as common law are sources of law.
Litigation Process
- Filing a Complaint initiates litigation by formally submitting a legal complaint.
- Discovery involves both parties gathering evidence to build their cases.
- Trial involves presenting the case in front of a judge or jury.
- Judgment involves the court considering evidence to issue a decision.
- Appeals can occur if a party seeks a review of the decision in a higher court.
- In pre-litigation there are motion phases, ADR and initial pleadings.
- Rule 26(f) conference and inital disclosure come before discovery.
- The phases proceed through summary judgement, pretrial preparations and trial.
- Ends with post-trial proceedings, judgement/appeal or other forms of settlement/resolution.
Contract Law
- Contracts establish terms of the parties' relationship.
- Contracts act as an agreement to the rules that will govern their transaction.
- The goals of contract law is to prevent litigation, memorialize the deal and advance the firm's goals.
- Basic elements of contracts involved mutual assent, offer, acceptance, consideration, capacity, and legality.
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Description
Overview of the legal environment of business, including the functions, schools of thought, and classifications of law. Functions include maintaining peace, protecting minorities, and promoting social justice. Law is classified as criminal or civil, with public and private law as types of substantive civil law.
