MGMT 3100 Chapter Notes - Chapter 2: Alternative Dispute Resolution, Counterclaim, Admissible Evidence
24 Feb 2017
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Substantive law: the rights and duties that each person has in society. Procedural law: rules that deal with how substantive rights and duties may be enforced. Common law: case-based system of law based on the recorded reasons given by courts for their decisions. Civil law values legislation over case law, and common law gives case law the same or sometimes greater value than legislation. Stare decisis: to stand by a previous decision. Limits judges only bound to follow decisions of a higher level court: precedents bind only the exact same circumstances; judges can distinguish the current case from an earlier precedent by dwelling upon factual differences. Case law: judge-made law: system of courts: trial, appeal, and final appeal. The courts of first instance trial courts: actions begin, trial takes place, witnesses are called and initial judgement is rendered. Agree with trial judge and dismiss appeal. Agree with appellant and reverse the trial judgment. Vary the trial judgment in part; or.
