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BUL4310 Exam 1 Index, LSB, Barrons (includes Latin, cases, terms).

HEAL100 Health Care — exam and revision material · Other

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Health Care exam material, 8 pages. Originally published on StudyMerit.

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8
Academic year
2025/2026
Language
English

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BUL 4310 Exam 1 Students also studied Social Science Law Save BUL4310 Exam 1 220 terms HamnerUF Preview Chapter 3 Legal, Technological, Acc ... 72 terms Fatheenahjuh Preview Business Law Part 1 Exam 237 terms camilaginorio Preview UF BUL 184 term Ing Practice questions for this set Learn 1 / 7 Study with Learn acquire by using it. but register to: give notice you've claimed mark, give right to sue in fed court, use R instead of TM, obtain protection in other nations, alert US customs -expires after 10 yrs, can b renewed Holmes view law = rules of conduct enforced by courts Blackstones' view a rule of civil conduct by a supreme power commanding what is right and prohibiting what is wrong Hobbesian view men & women submit rights to state so that through the lar, the state can protect their lives and property (men would do bad if not controlled) Choose an answer 1 Enforcing patent 2 Copyright protection 3 Other marks 4 Registering and keeping trademarks Don't know?

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Montesquieu checks and balances and separation of power Locke liberating view- law should extend freedoms and grow rights. social contract means individuals and govt have to respect each others rights Ethics and morals influence law drunk driving, racism, sexual harassment, slaver Moral and Ethical codes George Bernard Shaw: most ppl don't reason out own moral/ethical code, therefore we interpret moral viewpoints from history Civil disobedience knowingly breaking law to make statement against it Law effects morals and ethics (less common than vice versa) Brown v Board, Roe v Wade Purposes of Law Facilitates deals and compromises: requires ppl to honor word, maintains order, stability, justice, fairness, equality, and influences people's conduct Code law systematic collection of laws Code of Hammurabi (Babylonian) reciprocal law lex talionis (punishment eye for eye). code was from Shamash, sun god. Shaw addressed that laws from gods are inflexible and hard to update Code of Solon (Greece) law comes from human reason.. not gods. Laws were rule of the people (free men who earned property but still move to democracy) Code of Justinian (Rome) Civil law system= systemized to find law by subject. Most prevalent in the world outside of US Code of Napoleon (France) Law depends heavily on code written by legislature (Louisiana uses Napoleon > common law) Common law case law or judge-made law. William the Conquerer: Normans overthrew English king and furthered [not created] common law by writing down cases to keep verdicts consistent. Law yearbooks: laws est. by legal precedents. Stare Decisis "let decision stand" "Commentaries on the Laws of England" by William Blackstone 1769 "Greatest law reference text from British" "The Common Law" Oliver Holmes Jr 1881 Most recent to shape common law Important concepts in common law system Precedents and stare decisis: "check" on power of judges and requires precedent is followed Classification of crimes crime- wrong against public [only prosecutor can commence criminal proceedings] (guilt) tort- wrong against private person/business [victim can bring tort claim] (liable)

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Types of crimes felonies: graver offenses = > a year in prison, sometimes removes rights misdemeanors: lesser offenses < year offenses: administratively handled, no jail time Treason: betraying one's country- only crime specifically in constitution Capital Crimes: death penalty-only for taking a life Burglary (changed over time), larceny= theft w no force, robbery=force Hierarchal nature of courts Supreme court--- circuit courts(12) --- district courts(94) If district makes decision, only that district court is bound. If circuit, then districts in the circuit are bound. If supreme, everyone is bound. -You file case w district, appeal to circuit, petition writ of certiroar w SCOTUS. Stare decisis can be overcome can be overcome: Brown v. Board (overturned separate but equal) & Hope v Pezler (tie a person to post w/o bathroom) How? court goes around by distinguishing facts, therefore precedent is mere dicta Substantive/Procedure Law substantive: creates, defines, regulates procedural: rules used to enforce substantive (trial lawyers and style) Public/private law public: govt laws b/w people and govt (tax) private: ppl & ppl / ppl & businesses Criminal/civil law criminal: wrong against society (murder, rape) civil: wrong against ppl (lawsuits) *** Civil law system = code, Common law system = case Case/statutory law case: based on precedent (common law) statutory: based on statutes from legislature (including code) "uniform statues" most states adopt Uniform Commercial Code (deals with legal contracts and their enforcement) Legal citation parties names (defendant second), volume, reporter (US= US Reports), page, date. Types of govt Unitary [1 sovereignty = most countries i.e. China] Federalism [dual sovereignty b/w fed govt and states ~ 30 countries i.e. US] Confederacy [states> govt= very few places] -EU: worldwide trend towards federalism Jurisdiction power to speak the law [50 states + 1 fed] State sovereignty states can't make treaties, make laws contradicting US law, print own money, or separate from union. Jurisprudency theory/philosophy of law. (approaches not mutually exclusive) Historical school of jurisprudence law should be interpreted by looking at origins, laws are evolving. Oliver Holmes (Common law) = law not logic but experience

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