BUS 260 Study Guide - Midterm Guide: Precedent, Demurrer
9 Nov 2013
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Federalism: two levels of government; federal and state. Private law: codes of ethics particular to a profession. Common law: decisions from all cases from every court. Reasonable minds can disagree because language is not perfect and prone to ambiguity. New case/controversy: new case/controversy that will litigate and needs to be decided. Original issue: first time an issue/case has come to the court. Sister states- look to other (larger) states for a similar case. Common law nations (minority in the world)- look to other common law states for a similar case: opposite: opposite law nations. Precedent: looking to a previous case to apply precedent to. Stare decisis: application of precedent consistency. Neither a statute/rule, but instead a process. Chain of cases: cases with similar facts. Unwritten law- because no categories or descriptions or subjects- chronological. Issue: stated in form of a question. Finding (rule): who should win the case. Reason: why should the winner win: use stare decisis.
