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.