UNC BUSI 404 Study Guide (A+
Guaranteed)
Justice - ANSWER-Generally may be defined as the fair, equitable, and impartial
treatment of the competing interests and desires of individuals and groups with due
regard for the common good.
What is a right? - ANSWER-A right is the capacity of a person, with the aid of the law, to
require another person or persons to perform, or to refrain from performing, a certain
act. Correlative with Duty.
Duty - ANSWER-A duty is the obligation the law imposes upon a person to per- form, or
to refrain from performing, a certain act. Correlative with Right.
Substantive Law - ANSWER-Substantive law creates, defines, and regulates legal
rights and duties.
Procedural Law - ANSWER-Procedural law sets forth the rules for enforcing those rights
that exist by reason of the substantive law.
Public Law - ANSWER-Public law is the branch of substantive law that deals with the
government's rights and powers and its relationship to individuals or groups. Public law
consists of constitutional, administrative, and criminal law.
Private Law - ANSWER-Private law is that part of substantive law governing individu-
als and legal entities (such as corporations) in their relationships with one another.
Business law is primarily private law.
Civil Law - ANSWER-The civil law defines duties, the violation of which con- stitutes a
wrong against the party injured by the violation. Civil Law is part of private law.
Criminal Law - ANSWER-In contrast to civil law, the criminal law establishes duties, the
violation of which is a wrong against the whole community. Criminal law is part of public
law.
,Civil Law functioning - ANSWER-In a civil action the injured party sues to recover
compensation for the damage and injury sustained as a result of the defendant's
wrongful conduct. The plaintiff has the burden of proof, which the plaintiff must sustain
by a preponderance (greater weight) of the evidence.
Criminal Law Functioning - ANSWER-A crime is any act prohibited or omission required
by public law in the interest of protecting the public and made punishable by the
government in a judicial proceeding brought (prosecuted) by it. The government must
prove criminal guilt beyond a reasonable doubt, which is a significantly higher burden of
proof than that required in a civil action.
Sources of law - ANSWER-Supreme Court (ultimate source), legislature, executive
action, regulation and rules, Courts
Judicial Review - ANSWER-Under the principle of judicial review, the Supreme Court of
the United States determines the constitutionality of all laws.
Common Law - ANSWER-The common law system like the system first developed in
England, relies heavily on the judiciary as a source of law and on the adversary system
for settling disputes. Relies heavily on precedent.
Adversary System - ANSWER-In an adversary system the parties, not the court, must
initiate and conduct litigation. This approach is based on the belief that the truth is more
likely to emerge from the investigation and presentation of evidence by two opposing
parties, both motivated by self-interest, than from judicial investigation motivated only by
official duty. I
Civil Law System - ANSWER-Civil law systems depend on comprehensive legislative
enact- ments (called codes) and an inquisitorial system of determining disputes.
Inquisitorial System - ANSWER-In the inquisitorial system, the judiciary initiates
litigation, investigates pertinent facts, and conducts the presentation of evidence.
Stare Decisis - ANSWER-Under the principle of stare decisis, courts adhere to and rely
on rules of law that they or superior courts relied on and applied in prior similar
decisions. A decision of the U.S. Supreme Court on a federal question is binding on all
other courts, federal or state.
Equity - ANSWER-A new system, equity, evolved in England because common law had
become overly rigid and strict. It was administered by a court of chancery presided over
, by the chancellor. The chancellor, deciding cases on "equity and good conscience,"
regularly provided relief where common law judges had refused to act or where the
remedy at law was inadequate. A decree issued by the chancellor compelled a
defendant to do, or refrain from doing, a specified act. Equity is an alternative system to
law.
Restatements - ANSWER-In American jurisprudence, the Restatements of the Law are
a set of treatises on legal subjects that seek to inform judges and lawyers about general
principles of common law.
Maxims of Equity - ANSWER-General principles that guide a decision made with the
equity system.
Treaty - ANSWER-A treaty is an agreement between or among independent nations.
The U.S. Constitution authorizes the President to enter into treaties with the advice and
consent of the Senate, "providing two thirds of the Senators present concur." Holds
equal weight as a federal statute in the eye of the law.
Executive Order - ANSWER-In addition to the executive functions, the President of the
United States also has authority to issue laws, which are called executive orders.
Administrative Law - ANSWER-Administrative law is the branch of public law that is
created by administrative agencies in the form of rules, regulations, orders, and
decisions to carry out the regulatory powers and duties of those agencies.
Cases - ANSWER-Chapter One: Page 12
Chapter Three: Page 51
Chapter Three: Page 54
Chapter Three: Page 58
Chapter Three: Page 59
Chapter Seven: Page 134
Chapter Seven: Page 138
Chapter Seven: Page 140
How do Court cases reach the Supreme Court? - ANSWER-1) Appeal by right - party
requests to be heard by the Supreme Court (very few cases heard this way
2) Writ of certiorari - Supreme Court asks for records from the lower courts to hear a
case.
Guaranteed)
Justice - ANSWER-Generally may be defined as the fair, equitable, and impartial
treatment of the competing interests and desires of individuals and groups with due
regard for the common good.
What is a right? - ANSWER-A right is the capacity of a person, with the aid of the law, to
require another person or persons to perform, or to refrain from performing, a certain
act. Correlative with Duty.
Duty - ANSWER-A duty is the obligation the law imposes upon a person to per- form, or
to refrain from performing, a certain act. Correlative with Right.
Substantive Law - ANSWER-Substantive law creates, defines, and regulates legal
rights and duties.
Procedural Law - ANSWER-Procedural law sets forth the rules for enforcing those rights
that exist by reason of the substantive law.
Public Law - ANSWER-Public law is the branch of substantive law that deals with the
government's rights and powers and its relationship to individuals or groups. Public law
consists of constitutional, administrative, and criminal law.
Private Law - ANSWER-Private law is that part of substantive law governing individu-
als and legal entities (such as corporations) in their relationships with one another.
Business law is primarily private law.
Civil Law - ANSWER-The civil law defines duties, the violation of which con- stitutes a
wrong against the party injured by the violation. Civil Law is part of private law.
Criminal Law - ANSWER-In contrast to civil law, the criminal law establishes duties, the
violation of which is a wrong against the whole community. Criminal law is part of public
law.
,Civil Law functioning - ANSWER-In a civil action the injured party sues to recover
compensation for the damage and injury sustained as a result of the defendant's
wrongful conduct. The plaintiff has the burden of proof, which the plaintiff must sustain
by a preponderance (greater weight) of the evidence.
Criminal Law Functioning - ANSWER-A crime is any act prohibited or omission required
by public law in the interest of protecting the public and made punishable by the
government in a judicial proceeding brought (prosecuted) by it. The government must
prove criminal guilt beyond a reasonable doubt, which is a significantly higher burden of
proof than that required in a civil action.
Sources of law - ANSWER-Supreme Court (ultimate source), legislature, executive
action, regulation and rules, Courts
Judicial Review - ANSWER-Under the principle of judicial review, the Supreme Court of
the United States determines the constitutionality of all laws.
Common Law - ANSWER-The common law system like the system first developed in
England, relies heavily on the judiciary as a source of law and on the adversary system
for settling disputes. Relies heavily on precedent.
Adversary System - ANSWER-In an adversary system the parties, not the court, must
initiate and conduct litigation. This approach is based on the belief that the truth is more
likely to emerge from the investigation and presentation of evidence by two opposing
parties, both motivated by self-interest, than from judicial investigation motivated only by
official duty. I
Civil Law System - ANSWER-Civil law systems depend on comprehensive legislative
enact- ments (called codes) and an inquisitorial system of determining disputes.
Inquisitorial System - ANSWER-In the inquisitorial system, the judiciary initiates
litigation, investigates pertinent facts, and conducts the presentation of evidence.
Stare Decisis - ANSWER-Under the principle of stare decisis, courts adhere to and rely
on rules of law that they or superior courts relied on and applied in prior similar
decisions. A decision of the U.S. Supreme Court on a federal question is binding on all
other courts, federal or state.
Equity - ANSWER-A new system, equity, evolved in England because common law had
become overly rigid and strict. It was administered by a court of chancery presided over
, by the chancellor. The chancellor, deciding cases on "equity and good conscience,"
regularly provided relief where common law judges had refused to act or where the
remedy at law was inadequate. A decree issued by the chancellor compelled a
defendant to do, or refrain from doing, a specified act. Equity is an alternative system to
law.
Restatements - ANSWER-In American jurisprudence, the Restatements of the Law are
a set of treatises on legal subjects that seek to inform judges and lawyers about general
principles of common law.
Maxims of Equity - ANSWER-General principles that guide a decision made with the
equity system.
Treaty - ANSWER-A treaty is an agreement between or among independent nations.
The U.S. Constitution authorizes the President to enter into treaties with the advice and
consent of the Senate, "providing two thirds of the Senators present concur." Holds
equal weight as a federal statute in the eye of the law.
Executive Order - ANSWER-In addition to the executive functions, the President of the
United States also has authority to issue laws, which are called executive orders.
Administrative Law - ANSWER-Administrative law is the branch of public law that is
created by administrative agencies in the form of rules, regulations, orders, and
decisions to carry out the regulatory powers and duties of those agencies.
Cases - ANSWER-Chapter One: Page 12
Chapter Three: Page 51
Chapter Three: Page 54
Chapter Three: Page 58
Chapter Three: Page 59
Chapter Seven: Page 134
Chapter Seven: Page 138
Chapter Seven: Page 140
How do Court cases reach the Supreme Court? - ANSWER-1) Appeal by right - party
requests to be heard by the Supreme Court (very few cases heard this way
2) Writ of certiorari - Supreme Court asks for records from the lower courts to hear a
case.
