question

Contract law

answer

An automobile company wants to change the supplier of its component parts which will lead to a breach of their agreement that is valid for three years. Which area of business law will best govern the legal aspects of this decision?

question

The guilty defendant of a civil case is never incarcerated whereas the guilty dependent of a criminal case can be incarcerated

answer

Statements that accurately bring out the difference between civil and criminal law

question

Legal positivism

answer

Ensures that morality does not interfere with our inclination to obey the law

question

Law can never be enforced with complete consistency because the environment is ever changing

answer

Where does the concept of legal realism primarily rest?

question

Administrative law

answer

If the food safety and inspection service requires the labeling on egg cartons to include the products expiry date, the law that would cover this rule would be

question

Treaty

answer

Best described as a binding agreement between two states or international organization

question

Natural law

answer

Describes certain ethical laws and principles believed to be morally right and above the laws devised by humans

question

Common law

answer

Best described as the collection of legal interpretations made by judges

question

Private law

answer

Law governing a dispute between a tenant and a landlord over payment of rent

question

Business law

answer

Consists of the enforceable rules of conduct that govern commercial relationships

question

To encourage social justice

answer

An intended and essential purpose of law

question

Considering the impact on the world if the decision were adopted by all businesses

answer

A way to take the universalist ion test for a business owner making a decision

question

Ethical conceptions bad shape business law and business relationships uniquely in each country

answer

True of business ethics

question

Ethical relativism

answer

Which theory of business ethics denies the existence of objective moral standards

question

It provides a rigid set of rules to follow regardless of the situation

answer

Why is ethical fundamentalism difficult to follow?

question

Ethical dilemma

answer

Best described as a problem about what s firm should do for which no clear right decision is available

question

Choosing a lawful way to compete against rival firms

answer

For s firm to be an ethical business, the minimum standard to be met would be

question

Public disclosure test

answer

Also called the television test because it requires us to imagine that our actions are being broadcast on national television

question

Justice

answer

The human resource policy of s company states that the company aims to treat all humans identically, regardless of race, class, gender, age and sexual preference. Which of the following values influencing business ethics illustrates this?

question

Stakeholders

answer

Best described as the many groups of people affected by the firms decisions

question

An action is moral only if it would be consistent for everyone in society to act in the same way

answer

Under deontology, the categorical imperative proposed to determine whether an action is right states that

question

Ethical dilemma

answer

Term that would best describe the situation Acme Foods Inc. is experiencing

question

Values

answer

Best described as positive abstractions that capture our sense of what is good or desirable

question

Ethics of care

answer

Holds that the right course of action is the option most consistent with the building and maintaining of human relationships

question

Operate in a community that has expectations from the business

answer

Businesses have social responsibilities that they need to honor because they

question

When it gives the defendant a copy of the complaints and a summons

answer

At which stage of a case proceeding does a court acquire in personal jurisdiction?

question

They have the power to hear and decide cases when they first enter the legal system

answer

What is true of trial courts?

question

It enables courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state

answer

Why have most states enacted a long arm statue?

question

Defendant resides

answer

For a law case, venue is appropriate in the country where the

question

Rights given to a party to challenge a certain number of potential jurors without a giving a reason

answer

What is meant by peremptory challenges?

question

Federal question cases

answer

Which law case would fall under concurrent federal jurisdiction?

question

They have the power to review previous judicial decisions passes by trial courts

answer

Which is true of appellate courts?

question

Cases related to bankruptcy

answer

Which law cases fall under exclusive federal jurisdiction?

question

Directed verdict

answer

A verdict for the defendant as the jury would have no legal basis for decision in favor of the plaintiff even if it regarded the pantiffs claims to be true

question

When the defendant fails to answer to the copy of the complaint sent by the court

answer

When does default judgment occur?

question

The court should be able to render a decision that will solve the existing problem

answer

A necessary condition for a justiciable controversy

question

Plaintiff has a personal stake in the outcome of the case

answer

A lawsuit is standing only when the

question

The plaintiff should not reside in the same state as the defendant

answer

Condition a diversity of citizenship case satisfy

question

Negotiation

answer

What form of ADR is used in the red resource and coral techno case?

question

Helping each party listen to their opponents concerns

answer

What is one of the main goals of a mediator in a dispute??

question

The absence of official written records of the hearing

answer

Which differentiates an arbitration proceeding from a trial?

question

They are not bound by precedent as judges are

answer

An advantage that arbitrators have over judges is?

question

Refusing to hear relevant evidence

answer

What can form grounds for disputing an arbitrators decision in a court of law?

question

Confidentiality associated with an arbitration proceeding can be misleading

answer

A disadvantage of arbitration

question

A specific dispute will be resolved through arbitration

answer

A submission agreement is a contract stating that

question

Each judge in the summary trial can set his or her own rules

answer

A summary jury trial

question

The process of mini trial is less costly

answer

Why is mini trial preferred to arbitration?

question

One of the parties did not have the authority to enter into a legal contract

answer

A defense to lack enforcement of the arbitration award

question

Asministrative law

answer

The law that consists of the substantive and procedural rules created by the bodies of the city, county, state, or federal government that carry out specific regulatory duties such as governing applications, permits, licenses available info, hearings, appeals and decision making

question

Administrative agencies

answer

Have legislative, judicial, and executive powers

question

The interstate commerce commission

answer

The first federal administrative agency

question

An order to appear and bring specified documents

answer

At times agencies use their investigate power, defined in their legislation, to gather information. Such powers typically include the power to issue an order to appear at s particular time and place and provide testimony and

question

The commissioners of the independent agency serve fixed terms and cannot be removed except for cause

answer

True about independent agencies

question

Agencies could decide on their own how to make rules

answer

Before the passage of the administrative procedures act, the

question

Federal register

answer

The official daily publication for executive orders and other presidential documents

question

It is most often used because it is more efficient for an agency in terms of time

answer

True about informal rule making procedures

question

Difference between the formal and informal rule making by the administrative agencies

answer

Formal rule making requires a public hearing at which the witnesses are subject to cross examination unlike in the case of informal rule making

question

Exempted rule making

answer

In what rule making is the administrative procedures act allowed an agency to decide whether public participation will be allowed in rule making proceedings with regard to military or foreign affairs and agency management or personnel

question

Have no binding impact on anyone

answer

General policy statements are exempted from rule making procedures because they

question

Reg neg rule making procedures

answer

When each concerned interest group and the agency itself sends a representative to bargaining sessions led by a mediator.

question

Political limitation on agency powers

answer

Power of the senate to approve nominees for agency heads in an...

question

Government in sunshine act

answer

Requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body

question

Privacy act

answer

Requires the federal agency to take the concerned individuals consent before disclosing any information about the individual to other agencies or organizations

question

The court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities

answer

Result in the Murphy v. New Milford zoning commission

question

The interpretation of the department of motor vehicles of state law was incorrect and that it had no authority to revoke the class C license

answer

The result in the Yan Ju Wang v. George valveless

question

Agencies have legislative, executive and judicial powers

answer

Regarding types of powers administrative agencies have?

question

Procedural

answer

Rules regarding the internal operations of an agency

question

Subpoena

answer

An order issued by an agency to appear at a particular time and place and provide testimony

question

Executive or independent

answer

Agencies are classified as either

question

Social and economic regulation

answer

What executive agencies focus on and what independent agencies are focused on

question

Hybrid

answer

Used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency

question

30

answer

The date on which a rule becomes effective must be at least how many days after publication of the final rule in the federal register?

question

A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency

answer

Involved when an agency is referred to as a captured agency

question

Approved

answer

Not a basic limit on agency power

question

Congress

answer

Who has the power to dissolve federal agency?

question

Federalism

answer

A system of government in which the authority to govern is divided between federal and state governments

question

Checks and balances

answer

Allocates specific powers to each branch of the government to keep the other branches from dominating the government

question

Federal supremacy

answer

A clause which annuals any state or local law that directly conflicts with the United States constitution or federal laws

question

Commerce clause

answer

Grants the federal government the authority to pass regulations that significantly affect interstate commerce

question

Full faith and credit clause

answer

Requires that courts in all states uphold contracts and public acts established in other states as long as they do not violate their public policy

question

Political speech

answer

A shipping corporation supporting the campaign of an Ohio congressman for the post of governor would be protected by the first amendment u Dee the category of

question

The first amendment right to free speech is not absolute

answer

True of the first amendment to the United States constitution

question

Fourth amendment

answer

Government and law enforcement officials can conduct a search on personal property only if they have a court issued search warrant. This right is given by the

question

Takings clause

answer

When government takes private property for public use, it must pay the owner just compensation or fair market value for his property

question

14th amendment

answer

Prevents states from denying the equal protection of the laws to any citizen

question

Police power

answer

The residual powers retained by each state to safeguard the health and welfare of its citizenry

question

The dormant commerce clause

answer

Restrictions on states authority to pass laws that substantially affect interstate commerce are referenced by

question

The privileges and immunities clause

answer

Prohibits states from discriminating against citizens of other states when those no residents engage in ordinary and essential activities such as seeking employment

question

14th

answer

Which amendment extends most of the provisions of the bill of rights to the state?

question

8th

answer

Which amendment prohibits cruel and unusual punishment

question

1st

answer

Which amendment protects freedom of religion?

question

Government can not make a law establishing religion

answer

Establishment clause of the first amendment provides that

question

Search warrant

answer

A court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant

question

When they can establish probable cause

answer

When can government agents obtain a search warrant?

question

Pervasive regulation exception

answer

An exception to the rule that administrative searches require search warrants

question

5th amendment

answer

Which amendment protects against double jeopardy

question

5th amendments taking clause

answer

Requirement that the government pay the owner just compensation if the government wants to take private property for public use

question

Strict scrutiny

answer

If a law prevents individuals from exercising a fundamental right, the law will be subject ton

Criminal Law Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards