question

is a body or rules of action or conduct prescribed by controlling authority and having legal binding force.

answer

Law

question

Systems of order that defines crimes and levies punishment for violations System for resolving disputes by providing a basis for deciding the legal interest and rights of the parties

answer

Purpose of Law

question

Delaware and New Jersey are sepeerated by the Delaware River. New Jersey has started to build a pier extending well into the river, and Delaware claims that the construction will infrings on Delaware's navigational rights. If a lawsuit is filled, it must be filed in either a Federal Court not a state court

answer

True

question

The highest court in the state is always called that state's Supreme Court

answer

False

question

True

answer

A court may hear a case only if it has jurisdiction over both the subject matter of the dispute and the parties in the case

question

True

answer

A state family court that hears only divorce and child related matters would be said to have a limited jurisdiction

question

Measures of judicial action intended to compensate an injured party in a civil lawsuit are called maxims

answer

False

question

False

answer

The member of civil cases filled annual in the state and federal courts have decreased in the last 12 years

question

True

answer

True

question

True

answer

Secondary sources of law are generally advisory and may or may not be adopted or followed as a states sees fit

question

True

answer

Administrative laws include things such as regulations created and enforced by federal regulatory aganecies

question

False

answer

A statute of limitations determines the maximum and minimum amounts of monetary relief that may be granted in different types of civil lawsuits

question

True

answer

Even though no specific statute or regulation provides for the rights of the parties private law are recognized as binding between two parties

question

True

answer

Law today is critical to business by creating source degree of reliability to be used in business planning and commercial traansactions

question

False

answer

Corporate companies enjoy the protection of the Fifth Amendment against self-incrimination

question

False

answer

Commercial speech has always been afforded protection under the Fifth Amendment

question

False

answer

The First Amendment prohibits individuals from encroaching on or prohibiting another person's freedom of speech

question

True

answer

A motion is a document filed by one party that requests court action in a matter pertaining to the litigation

question

True

answer

Generally, everything relevant to a dispute is discoverable to a civil lawsuit unless protected by a legal privilege

question

In-house counsel

answer

Business owners and managers often work closely with a business attorney

question

Constitutional law Statutory Law Common Law Administrative Law

answer

Primary Source of Law

question

Established important legal principles Not Designed to specifically resolve every legal issue or case

answer

Constitutional Law

question

Created by a legislative body Approved or disapproved by the executive branch -Also Known as Codes

answer

Statutory Law

question

-Made by appellate courts -Based on the fundamentals of previous cases that had similar facts -Also known as case law

answer

Common Law

question

one of the most imoortant concepts in American law, is the principal that similar cases with similar facts and issues should have the same judicial outcome.

answer

Stare Decisis

question

Once and appellate court has decided a particular case, the decision becomes a

answer

Case Precedent

question

-Source of law that regulates the exercise of authority by government agengies -Also known as regulation

answer

Administrative Law

question

have no independent authority, nor are they legally binding

answer

Secondary Source of Law

question

Collections of uniform legal principles in a specific area of law that are designed to reduce the complexity of judicial decisions

answer

Restatements of the Law

question

Broad categories based on classifications related to a particular legal function or a right afforded by law

answer

Categories of Law

question

are designed to compensate parties for losses as a result of another's conduct

answer

Civil Law

question

are a protection of society, and the violations of criminal laws results in penalties to the violator such as fines or imprisonment

answer

Criminal Laws

question

provide individuals with rights and create certain duties

answer

Substantive Law

question

provide a structure and set out rules for pursuing substantive rights

answer

Procedural law

question

are those derived from some government entity

answer

Public laws

question

are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties

answer

Private laws

question

the first 10 amendments

answer

Bill of Rights

question

-Rational basis -Intermediate-level scrutiny Strict scrutiny

answer

Standards of Review

question

Congress's broadest power is derived from the Commerce Clause whereby Congree is given the power to "regulate Commerce among the sveral states."

answer

Commerce Power

question

1. channels of interstate commerce such as railways and highways 2. the instrumentalities of interstate commerce such as vehicles used in shipping 3. the articles moving in interstate commerce

answer

Application of Commerce Powers

question

Congress has a far-reaching power to tax the citizenry and to spend the federal government's money in any way that promotes the common defense and general welfare.

answer

Tax and Spend Power

question

The Constitution provides protection for the citizenry from unlawful or repressive acts by the government

answer

Constitutional Protections

question

-Congress shall make no law -That allows government encroachment in the areas of religion, press, speech, assembly, and petition of grievances

answer

First Amendment

question

The US Supreme Court has systematically applied a reasonableness test to define the limits of when the government may search without a warrant based on a probable cause that criminal activity is possible

answer

Fourth Amendment

question

does not apply to corporate entities when the government is seeking certain business records, individual corporate officers and employees are entitled to ____ protection when facing a criminal investigation

answer

Fifth Amendment

question

Fifth and Fourteenth Amendments "life, liberty, or property"

answer

Due Process Protections

question

Perhaps the most important role of the _____ is that it makes the Bill of Rights applicable to the states.

answer

Fourteenth Amendment

question

Most privacy rights afforded by the U.S. Constitution do not extend to the workplace

answer

Workplace Privacy

question

1. courts adjudicate disputes 2. certain courts are charged with the responsibility of judicial review

answer

Role of Judiciary

question

State courts Federal Courts

answer

Structure of the Judiciary

question

the majority of the court cases filed in the US are filed in the ___

answer

State Courts

question

- The principle trial courts are the US district courts -Federal appellate courts are called the US courts of appeal -Finally, the US Supreme Court is the ultimate arbiter of federal law

answer

Federal Courts

question

- The ultimate arbiter of federal law are the nine justices of the US Supreme Court -Although the court has both original and appellate jurisdiction, the primary role of the court is to finalize a legal decision on any given case

answer

US Supreme Court

question

A party filing for an appeal must file a ____

answer

Writ of Certiorari

question

is a courts authority to decide a particular case based on: 1 who the parties are and 2. the subject matter of the dispute

answer

Jurisdiction

question

a determination of the most appropriate court location for litigating a dispute

answer

Venue

question

Federal question or Diversity of citizenship, parties from two different states, amount in a controversy more then $75,000

answer

Subject Matter Jurisdiction

question

-In-state vs. out-of-state defendants -state long-arm statute -minimum contracts

answer

Personal Jurisdiction

question

is the legal concept that defines the most appropriate location for the trial within the jurisdiction. In a civil case the trial is where the defendant resides, but in a criminal case it is where the crime took place.

answer

Venue

question

A dispute resolution process where the parties and their counsel argue their view of a civil controversy in a court of law

answer

Civil Litigation

question

From 1980 to 2005, the number of civil cases filed in federal courts more than doubled

answer

Litigation

question

If the issues are relatively simple, this can be accost-efficient method to resolve a dispute fairly and quickly

answer

Pre-lawsuit: Demand/Settlement Negotiations

question

the party assessing the claim must have suffered an injury

answer

Standing

question

The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant

answer

Plaintiff

question

The party sued in a civil lawsuit

answer

Defendant

question

-Complaints and Summons -Answer -Counterclaim -Cross-claims

answer

Pleading stages

question

-Depositions -Interrogatories -Request for production -Request for admissions

answer

Discovery Stage

question

-to dismiss -for summary judgment -to compel discovery -to dismiss for mistrial -for judgment as a matter of law

answer

Motions used during litigation

question

generally takes place in front of judge as the finder of law and with a jury as finder of fact

answer

Trial

question

the question process to select a jury

answer

voir dire

question

the judge gives instuctions on how to work through the process of coming to a factual decision

answer

charges the jury

question

the judge will also inform the jury that the standard of prof I a civil case is a

answer

preponderance of the evidence

question

Ater receiving the charge, jurors move to a private room and engage in

answer

Deliberations

question

engage in judicial review to decide whether any errors were committed during the trial and also have the power to reverse or modify the decisions of trial courts

answer

Appellate courts

question

is becoming increasingly common as a cost-efficient informal and does not require as much time or preporation as arbitration

answer

Mediation

question

Addresses how one should act in a given situation A systematic set of rules used to define decision making and choice of action when one is confronted with a moral dilemma

answer

Ethics

question

is an expansive term that includes a business entity's owners, investors, employees, customers, suppliers, and the wider community

answer

Stakeholders

question

ethical decisions made according to a set of established principles, such as religious tenets.

answer

Principle-based approach

question

Provides the most good for the greatest number of people

answer

Consequences-based approach

question

-Define the dilemma -Identify the impact -Apply standards -Develop choices and discuss impact with various constituencies -Implement, evaluate and monitor

answer

Ethical Decision Making

question

The systematic looting of the corporation by its executives and the massive fraud and subsequent cover-ups that culminated in a public crash

answer

The Enron SCandal

question

Kenneth Lay- Chariman Jeffery Skilling- CEO Andrew Fastow- CFO Rick Causey- Chief Accountant Arthur Andersen- Audit/CPA

answer

Key Enron Players

question

What is good for business is good for America because the market's efficiencies provide an invisible hand the guides morality and responsibility. Corporations acting unethically would inevitable suffer

answer

The Narrow View: Invisible Hand

question

The regulatory hands of the law and the political process, rather than Smith's invisible hand, provide the basis for ethical decision making

answer

The Moderate View: Government Hand

question

The broadest view of CSR is that corporations have a social responsibility and that profitability is secondary

answer

The Broad View: Management's Hand

question

True

answer

The constitution has amendments that help protect citizens from certain types of acts

question

False

answer

The broad objective of the constitution

question

False

answer

At trial the judge decides the law and jury decides the fact

question

False

answer

Mediation is entered into on a voluntary basis and cannot be legally mandated

question

true

answer

The US system of common IW is deep seated in the English common law

question

true

answer

State Common law

question

False/ Limited Jurisdiction

answer

A state family court hearing only divorced and child related matters could be said to have partial jurisdiction

question

True

answer

A person with ownership interests in a business venture is called a principal

question

True

answer

Generally accepted standards of in a society of right and wrong are called morals

question

false

answer

Companies and people directly and indirectly affected by another companies decisions are called obtuse partnerships

question

true

answer

Prioritizing morale values of an organization and ensuring that behaviors are aligned

question

false

answer

That society is best served when companies aggressively seek a competition

question

true

answer

The moderate view of assessing corporate citizenship holds that the government should provide the exclusive law of corporate responsibility

question

true

answer

Nobel prize winning Milton Friedman believed that the only responsibility a business has is to maximize shareholders wealth

question

true

answer

Codes of ethics are insufficient and do not serve their proper purpose

question

false

answer

The fundamentals underlying company of social responsibility is that conscience resides in

question

true

answer

In terms of assessing personal jurisdiction a business entity is considered a person

question

true

answer

A court must possess subject matter jurisdiction

Busi 301 Exam 1 – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards