BMGT 380 Chapter Notes - Chapter 1: American Law Institute, Specific Performance, Private Law

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Document Summary

Constitutions: set up the structure of government for political unit they control. Federalism: prevent other units of government from taking certain actions or passing certain laws. Collections of common law rules covering various areas of law. Not law and do not bind courts because they are promulgated by the american law institute rather than by courts. Usually are rules followed by a majority of the states: fills gaps in left by other legal rules, case law reasoning-courts engage in this when they make and apply common law rules. Equity: historically concerned itself with accomplishing rough justice when common law rules would produce unfair results, provide remedies not available in common law courts: Injunction-court order forbidding a party to do some act or commanding him to perform some act or commanding him to perform some act. Specific performance- party is ordered to perform according to the terms of her contract.

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