BLAW Flashcards

Aristotles syllogism

Major Premise, Minor Premise, Conclusion

Elements of Persuasion

Ethos, Pathos, Logos

What is Ethos?

Credibility of the witness

What is Pathos?

Emotion

What is Logos?

Logic "If what the speaker is saying makes sense

The law is not a handicap but a ""?

Resource

Lawyers are a ____ that can be utilized to obtain an advantage and
increase value.

Human resource

What is Law?

Law is Rulers and principles governing the affairs of a community.

Where does the law come from?

Constitution

Who creates their own local laws?

States and Municipalities

What is a case Law?

Law based on judicial decisions and precedent rather than on
statutes, also known as "Judge made Law" "Precedent

What does Long Arm Statutes do?

It permits the court to exercise jurisdiction over a resident

What is a Venue?

Particular country or geographical area

What is Standing?

You're the person who was injured or threatened

What is Stare Decisis

To abide by, the "doctrine" that holds that once a court
resolves a particular issue.

What is Jurisdiction?

The authority a court has to hear and decide a specific case

What is subject matter jurisdiction?

Courts have the power to hear different kinds of courts

What is Federal Court?

Constitution and Statues enacted by congress.

All humans are mortal

Major Premise

I am a human

Minor Premise

I am mortal

Conclusion

What are state courts?

They are courts of general jurisdiction meaning they hear almost all
types of cases(i.e. divorces, state criminal, civil claims, contracts, etc)

What is Federal Question Jurisdiction

When the question pertains to the U.S Constitution, acts of Congress,
or Treaties

What is Diversity Jurisdiction

Exists in lawsuits between citizens of different states and the
amount exceeds $75,000, exclusive of interest and all costs.

Two ways to get into Federal Court?

Federal Question, Diversity Jurisdiction

What is Substantive Law?

Describes regulates and created legal rights and regulations.

What is Procedural?

Law establishes the methods of enforcing the rights established by
law. " How to do things

What is Administrative Regulation?

It is a primary source of law, IRS, SEC, FDA, EPA

What is another primary source of law?

Administrative Regulation

What is Legal Astuteness?

Adresses the ability of a manager to communicate effectively with
counsel and to work together to solve complex problems.

What is Agency actions?

Make rules to effectuate legislative enactments, resolve conflicts by
formal adjudication, and conduct investigations regarding compliance
with specific laws and regulations.

What is the three step procedure an agency follows?

Notice to the public, evaluation of comments, adoption

What is Federal Register?

Where rules adopted by a federal agency are published

Who are the Federal admin agencies created by?

Congress

What is the Freedom of information Act?

The Federal Statute authorizing individuals to obtain copies of
government records on any subject that is of interest.

What is stakeholder?

A theory that recognizes that firms have relationships with many
constituent groups which both affect and are affected by the actions
of the firm.