WGU C713 Business Law Latest Update 100% Solved
precedent ✔✔the tendency to decide current rulings based on previous cases, only binding in lower courts
common law ✔✔judge made law, often created through many precedents
judicial power ✔✔gives the right to interpret laws and determine their validity
statutes ✔✔legislature to become a law
laws ✔✔bill (congress), simple majority in house and senate -> president (veto power) -> 2/3 in house and senate -> statute
injunction ✔✔order to stop doing something
true ✔✔most government agencies are created by congress
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regulations ✔✔laws created by government agencies
treaties ✔✔made by the president, ratified by senate by 2/3rds
stare decisis ✔✔let the decision stand
Legal Positivism ✔✔Law is what the ruling power says it is.
Legal Realism ✔✔It does not matter what is written as law, only those who enforce the law and how they enforce it.
Natural Law ✔✔A body of unchanging moral principles regarded as a basis for all human conduct
administrative law ✔✔laws made by an administrative agencies
Reasons for a new law ✔✔New issue, unpopular judicial ruling, criminal law.
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Three steps in statutory interpretation ✔✔Plain meaning rule, Legislative history and intent, Public policy
first administrative agency ✔✔ICC Interstate Commerce Commission (trains)
executive agencies ✔✔federal agencies, under the president's control
independent agencies ✔✔agencies not under presidential control
How is an agency created? ✔✔Congress passing enabling legislation
Legislative rules ✔✔agency rules that act as statutes
Interpretive rules ✔✔agency rules that are an interpretation of what the law already requires
Informal Rulemaking ✔✔Notice and comment method
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Formal Rulemaking ✔✔Congress requires an agency to hold a public hearing where affected parties can question agency experts.
administrative law judge ✔✔An agency employee who acts as an impartial decision maker
unintentional tort ✔✔Negligence that leads to injury, property damage, or financial loss.
elements a plaintiff must prove to win negligence ✔✔Duty of care, breach, factual cause, proximate cause, damages
duty of care ✔✔Each of us has a duty to behave as a reasonable person would under the circumstances
breach of duty ✔✔if a legal duty of care exists, then a plaintiff must show that the defendant did not meet it
negligence per se ✔✔When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a
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