Business Law Ch. Test 1-5
Substantive Due Process
Focuses on the content, or substance, of legislation.
persuasive authorities, public policy, past decisions, fairness and social values
If no precedent______ (4)
Persuasive authorities and public policy
If the court decides that precedent is wrong, the court may refer to____ & ____
Counterclaim
If, in response to a complaint, Amy denies that she is responsible for Sam's harms, and further, that Sam actually caused harm to her, what is this called?
a preponderance of the evidence
Imma files a civil suit against Jim. To succeed, Imma must prove her case by_____
laches
In a court of equity, the doctrine that will bar a lawsuit if it is not filed within a proper time is known as____
True
In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.
False
In the interest of preserving personal freedom, the law codifies all ethical requirements.
Judicial Branch
Interprets Laws
what is the question to be resolved?
Issue from IRAC is______
Jurisdiction, Venue, Standing
Judicial Requirements (3)
Statutory Law
Law enacted by legislative bodies.
Constitutional Law
Law that is based on the U.S. Constitution and the constitutions of various states.
Commerce Clause
Provides the basis for the national governments extensive regulation of state and local affairs.
Legal Reasoning
Reasoning by which a judge harmonizes his decision with the decision of previous cases.
What law governs the matter?
Reasoning from IRAC is____
True
Testimony given in a court about what someone heard someone else say is not admissible as evidence.
all states
The Uniform Commercial Code has, at least in part, been adopted in_____
executive, legislative, and judicial
The constitution provides for what three branches of government?
Apply the law to the facts
Application from IRAC is___
Decisions of the courts in legal disputes
Common law rules develop from_____
sent back for further proceedings to the court that originally heard the case.
A case is remanded when it is_____
True
A judge instructs a jury as to the law that applies in a case.
true
A long-arm statute is a state law that permits courts to obtain jurisdiction over non-resident defendants.
False
A motion for summary judgment may not be supported with materials outside the pleadings.
True
A state court cannot exercise jurisdiction over all the property located within the boundaries of the state.
Balanced in terms of the state's interest in its merit and purpose against the burden placed on interstate commerce.
A state regulation that impinges on interstate commerce will be_____
false
A substantive law establishes methods for enforcing rights
False
According to utilitarianism, it does not matter how many people benefit from an act.
Request of admissions
Admission is considered a "fact" for trial.
Less Expensive, Quicker, less cumbersome, Private
Advantages of Arbitration (4)
Few rules, customize process, parties control
Advantages of Mediation (3)
unethical, legal
An action may be _____ but______
False
An appellate court may elect to hear new evidence in a suit.
over the person against whom the case is brought or the property at issue and the subject matter involved in the case
Before a court may hear a case, it must have jurisdiction_____
Administrative Law
Body of law created by administrative agencies in order to carry out their duties.
Ethics
Branch of philosophy that focuses on what constitutes right and wrong behavior
considers the consequences to follow if everyone acted the same
Categorical Imperative Perspective takes the approach that____
False
Civil Law proscribes wrongs committed against the public as a whole.
False
Commercial speech is protected as extensively as noncommercial speech by the first Amendment.
Decision or Verdict
Conclusion from IRAC is___
True
Corporations can be perceived as owing ethical duties to groups other than their shareholders.
true
Courts dealing with cyberspace jurisdiction use a sliding scale to determine if minimum contacts have been established.
False
Criminal law focuses on duties that exist between persons
Objections
Defendant will object to plaintiffs evidence and the judge will rule on objection.
Answer
Defendants response to the plaintiff
No sanctions
Disadvantage of Mediation
Results may be unpredictable, arbitrators don't have to issue written opinions, no discovery
Disadvantages of Arbitration (3)
Stare Decisis
Doctrine obligating judges to follow precedents established within their jurisdictions.
Pleadings
Documents filed by a plaintiff and defendant in a lawsuit that details the facts, charges, etc.
Negotiation
Earliest ADR, position of strength, informal discussion of the parties, sometimes w/o attorneys.
Executive Branch
Enforces laws
Full Faith & Credit Clause
Ensures that established wills, deeds, contracts, etc. will be honored by other states.
false
Ethics is not concerned with the fairness or justness of an action.
false
Ethics is not concerned with the philosophical basis for morality.
False
Every judgment is enforceable
Trial
Evidence presentation and authentication procedure
Concurrent Jurisdiction
Exists when more than one court can hear the case.
Mediation
Mediator talks face to face with parties to determine common ground.
Moral minimum
Mere compliance with the law
In personam
Power of a court to compel the presence of the parties to a dispute to appear before the court and litigate.
Jurisdiction
Power the court has to hear a dispute and to speak the law into a controversy and render a verdict that is legally binding.
In rem
Power to decide issues relating to property whether it is real, personal, tangible, or intangible.
Discovery
Process by which parties obtain information from the opposing part prior to trial
Supremacy Clause
Provides that a state law is invalid when it directly conflicts with a federal law.
Procedural due process
Requires that any taking of a person's life, liberty, or property by government cannot occur without giving the person an opportunity to object before a fair, neutral decision maker.
the rights of others
Rob, the owner of Super Stores, Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects:______
Case Law
Rules of law announced in court decisions.
Arbitration
Settling of a dispute by a neutral 3rd party who renders a legally binding decision; usually involving an expert or govt. official.
Constitutional Law, Statutory Law, Administrative Law, & Case Law
Sources of Law (4)
Negotiation, Mediation, Arbitration
Stages of ADR (3)
Pretrial, pleadings, discovery, trial, post-trail
Stages of Litigation (5)
validity
State laws enacted pursuant to police powers carry a strong presumption of____
Federal and State statutes
Statutory law includes both_____ &_______
Ethics
Study of right and wrong behavior; whether an action is fair, right, or just.
Depositions
Sworn testimonies recorded and transcribed by court official.
True
The stability and predictability created by the law is essential to business activities.
Pleadings, discovery, trial, appeal
The states of litigation usually follow this order_____ (4)
create legal rights and obligations
The term substantive law refers to laws that______
true
U.S. courts follow the adversarial system of justice
A statement of the facts necessary to show Ula is entitled to relief.
Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include____
makes the laws
Under the Constitution, the legislative branch of the government______
Precedent
Using similar facts and situations; a court decision that furnishes an example or authority for deciding subsequent cases.
true
Venue concerns the most appropriate location for a trial.
Issue, Reasoning, Application, Conclusion
What does IRAC stand for?
Damages
What is the usual remedy at law?
Privileges & Immunities clause
When a citizen of one state engages in basic and essential activities in another state (the foreign state), the foreign state must have a substantial reason for treating the nonresident differently.
Exclusive Jurisdiction
When only one court has the power to hear the case.
the federal decision takes precedence
When there is a direct conflict between a decision by a federal administrative agency on a matter that comes within its jurisdiction and a state law_____
the federal law takes precedence
When there is direct conflict between a federal law and a state law_____
False
Whether the federal government has preempted a certain area is always clear.
Interrogatories
Written questions and answers
affirmative defenses
____ asserts facts that purport to show why a defendant is not liable for a plaintiff's harm.
Summons
corporate defendants served via registered agent
courts of limited jurisdiction
courts that only hear certain types of cases are called ______
checks and balances
each branch of government has some power to limit the actions of the other branches.
Negotiation
he process in which parties attempt to settle a dispute informally, with or without attorneys to represent them.
Profit maximization (short run)
increase its profits by continuing to sell a product, even though that product is defective.
Legislative Branch
makes laws
Diversity
parties are not from the same state and the amount in controversy is greater than 75000
Profit maximization (long run)
profits suffer due to unethical conduct
Voir dire
questioning of potential jurors
tenth Amendment
reserves all power not developed to the national govt. to the states or the people
discovery
the process of obtaining information from an opposing party prior to going to trial is known as_____
Federal Question
the rights or obligations are created or defined by federal law.
true
to have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining.
false
voir dire is a process for presenting evidence in a case.