Title: Class Outline 7
Course: KVCC BUS118 > Section: Class Outlines

i.           State Governments

1.           10^th amendment

2.           Constitution

3.           Mirrored Structure

4.           Federal Supremacy Clause

5.           Judicial System

a.           Trial Courts

b.           State Court of Appeals

c.           State Supreme Court

ii.           Sources of American Law

1.           Common Law – is based on past legal traditions and previous court cases.

a.           Founded around British law

b.           Evolves with new decisions

c.           Lex non scripta

2.           Code Law/Statutory Law – is law that is enacted by legislatures.

a.           Similar to Common Law

b.           Lex scripta

3.           Constitutional Law – evaluates items against that of the constitution to confirm it fits within the framing and intent of the constitution.

a.           Federal Law looks to the national constitution

b.           States law looks to that of the state constitution

c.           Federal has power over the state

4.           The constitution is first then the code and then common law.

iii.           Types of Law

1.           Substantive law or subject matter law.

a.           Areas in which an attorney may specialize in, includes matters such as contract, tort, elder, and intellectual property law.

2.           Procedural law – focus on the process used to decide a case

a.           Civil

1.           A civil case involve individuals

2.           A legal complaint is filed which starts the process of the lawsuit.

3.           Most are proven under preponderance of evidence the lowest level of proof. Greater than 50%.

b.           Criminal

1.           Involve cases that are founded on criminal matters.

2.           These cases generally use juries

3.           Burden of proof for most is beyond a reasonable doubt.

c.           Administrative

1.           Administrative agencies make up rules and then enforce them.

2.           Administrative agencies can create rules like the legislative, enforce rules like the executive, and review rules like the judicial.

3.           Courts can review the decisions or actions of these agencies.

4.           Lowest possible burden of proof being Arbitrary and Capricious.

3.           Role of precedent – a look at past rulings to make decisions on current cases.

a.           If no precedent then it is considered a case of first impression.

b.           Stare decisis to stand by things decided

iv.           Regulatory Authorities

v.           Compliance – is the act of following the necessary laws and regulations.

vi.           Audit – is the verification that objectives are being met.

Attached Files: | - KVCC BUS118_LegalAspectsBusInfoSys_Class Outlline 7(1).pdf