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Busi Law Day 1

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Submitted By Wcoleman22
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Know the branches of Gov.

Legislative – article 1 of the constitution * Statute, ordinance, anything in law is legislative.
Article 2 – executive * President, vice president cabinet
Judicial article 3 * Interpret the law * Judicial review * determining the constitutionality of laws
4th area of law is – administrative law * Law made by administrative agencies, fda sec irs. Created by congress to inact more laws

History of our court system * Our law basically originated from England * Appointed judges in each village, when judge made a ruling he was told to tell other judges in nearby villages to determine a common hearing. * Staredecisis – “let the decision stand” the beginning of…PRECEDENT which means that court must rule as prior case * At first courts were called courts at law or kings courts * When you sue you were asking for a monetary remedy ‘something to fix the damage’ basically property * Common Law is Case Law* * Courts of equity – developed because monetary remedy didn’t work, basically when a property wouldn’t be enough for retribution for crime. She gave example of person’s view outside of their house being taken away by a person’s new home. They wanted an “Injuction” which is a form of equitable remedy. Court order for someone to not do something or force you to do something. * “specific performance – Contract remedy under court of equity . * Recission – another equity remedy – a form of contract remedy * Equity courts sometimes were referred to as chancerycts courts * Hierarchy of courts – state and federal * Federal courts * Federal questions, federal statutes, patents, constitutional issue * State * Everything else really, * Probate – if you die, divorce, child custody * Diversity of citizenship –

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