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1st exam notes and 1st exam words

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1st exam notes and 1st exam words
Words I must figure out for first business law exam
Percurian
Nexus – link or linkeages.
Caveat Emptor
Causa mortis
Marbury v. Madison
Judgement
Enforceability
Order
Administrative court
Civil law
Common law
Defendants
Express powers
Implied powers
Equity
Original jurisdiction
Trial court
Uniform commercial code
Substantive law
Statutory law
Precedence
Plaintive
Fixity
Appellee
Stare decisis
Caveat ven ditor
Quid pro quo
Old bitor dictum
Ras judicata
Ratio de ci dente

Law – and between individuals and their society
Corporations – treated by the law as legal
Law can be natural or it can be positive
Natural law- those principles that we can discover, because they are inherit in human nature
Murder is wrong
Parents are responsible for the actions of their natural children
Positive law- its written law of a particular society at a particular point in time
Constitution is positive law
All laws are rules, but all rules are not laws
Enforceability is what differentiates a law from a rule
Laws are about keeping people accountable for their actions
Rules are the same but one is not arrested, taken to court, or lose their freedom for breaking a rule
Subtlety – difference between order and an order
Order- absence of chaos
An order – a legal command issued by a judge
When the law is followed their will be order, however because the law is not always followed, perfect order does not exist which is why there is law enforcement
Our law system in American presumes that everybody is aware of the law and what it requires
Appelit court worked to appeal the decision and is sent back for a new trial

Duty relys on 4 things
1) Foreseeability
2)
3) The consequences of placing that burden on the defendant
4)

Question for exam: Is this case a civil case or criminal case?
Defend your answer, it is a ____ case because of ______
The bonus question: what is a merchant guild?

stages, music hall owned by the metro club in Chicago, carl treheho and his friend Daniel became intoxicated

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