Business Law Chapter 1

The _______ Amendment guarantees that all criminal defendants would have the right to a speedy and public trial before an impartial jury.

6

The ________ Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

8

The _______ Amendment states a fundamental rule of constitutional construction: the federal government may not infringe or take away any rights belonging to the people, regardless of whether those rights are specifically listed or enumerated in the Constitution.

9

Law

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

The Constitution enumerates a series of delegated powers to Congress, that are listed in ________.

Article 1 Section 8

_______ of the Constitution vests general "executive power" in the President.

Article 2

The first three articles of the Constitution establish three separate but coequal branches of the federal government: _______

Congress the president the federal courts

Examples of entities engaged in interstate commerce might include: ______.

FedEx carriers Amazon.com United Airlines

The _______ Amendment requires that the power of _______ be coupled with "just compensation" for those whose property is taken.

Fifth eminent domain

The Eighth Amendment limits the power of _______ when enacting criminal statutes, as well as the power _______ when they are exercising their sentencing powers in criminal cases

Judges Congress

_______ is a body of _______ of action prescribed by a controlling ______ and having binding legal _______.

Law, rules, authority, force

The most important secondary sources of law are: _______, and _______.

Restatements of Law Model State Statutes

_______ law is the foundation for all other law in the United States and is the _______ law of the land.

Supreme Constitutional

The _______ Amendment embodies the structural principle of _______, the idea that the United States contains two separate sources of political power: the states and the federal government.

Tenth federalism

The preamble lists the main goals of the Constitution: _______

a more perfect union general welfare justice

Even in the absence of federal regulation, the Commerce Clause restricts the _______ from discriminating against or unduly _______ interstate commerce.

burdening states

allows the government to create constitutionally permissive _______ and may treat each category differently, but at a minimum, persons within each category must be treated the same

categories Equal protection

The _______ Amendment in the U.S. Constitution creates a central (federal) government, but it also recognizes the preexisting political sovereignty of a finite number of _______.

coequal states Tenth

Historically, recorded law was initially a(n) ________ made by a powerful tribal chieftain to perpetuate his domination

collection of rules

The Sixth Amendment gives the criminal defendant the right to: _______.

cross-examine witnesses be represented by a lawyer be informed of the actual charges

and equal protection are the most basic rights established in our Constitution; indeed, the right to _______ can be traced all the way back to the Magna Carta of 1215.

due process

Not only does the text of the Constitution give Congress the enumerated power to regulate commerce, but the U.S. Supreme Court has interpreted this power: _______.

in very broad terms

Legal terms are sometimes referred to as ______ or _______.

legalese or jargon

Under the doctrine of federalism, the ______ power (to protect the health safety and welfare of the public) resides with the states. Multiple choice question. judicial

police

The _______ Amendment protects individuals from being compelled to be witnesses against themselves in criminal cases, otherwise called the right _________.

Fifth to remain silent

Both the _______ and the _______ Amendments to the Constitution declare that no person shall be deprived "of life, liberty, or property, without due process of law."

Fourteenth Fifth

The Bill of Rights consists of amendments designed to address a wide variety of objections raised by the Blank______, who initially opposed ratification of the Constitution.

anti-federalist

Business owners who rely exclusively on ________ to drive the legal decision-making process may create significant risks for the business

attorneys

Studies and research indicate that when _______ and their _______ work cooperatively, the results contribute to better strategic business decisions that add value to the business.

attorneys and managers

The Supreme Court has ruled that the Second Amendment's right to _______ belongs to _______ while also ruling that the right is not unlimited and does not prohibit all regulation of firearms or similar devices

bear arms individuals

The _______ refers to the first ten amendments to the United States Constitution and is just as important as the original Constitution.

bill of rights

If a party to a contract breaks her promise to the other party she might be liable for ________ contract.

breach of

________ law is essentially court-made law that has not specifically been passed by the legislature.

common

As the Chief Executive of the United States, the President has the power to: _______.

conduct foreign affairs appoint federal judges enforce the laws made by Congress

Over the course of three millennia, the purpose of law evolved to ensure _______ and _______.

consistency and fairness

Today, whenever a private litigant brings a lawsuit for money damages (beyond nominal damages) in federal court, he or she has a(n) _______ right to a jury trial.

constitutional

______ law is the foundation for all other law in the United States and is the _______ law of the land

constitutional and supreme

Attorneys, particularly in a business context, may also be referred to as

counsel and general counsel

Statutory law is created by a legislative body and approved or disapproved by the _______ branch of government.

executive

_______ divides power along a vertical dimension between the federal government and the states.

federalism

Besides English, much of the language of American law is a combination of ______ and ______ roots

french and latin

If counsel is a part of the executive management team the counsel is referred to as _______. (Choose two correct answers.)

in-house counsel general counsel

The Affordable Care Act in 2010 ("Obamacare") contained a controversial provision known as the "_______," which required all persons to purchase health insurance or pay a penalty to the IRS

individual mandate

This Seventh amendment affirms the fundamental distinction between judges and juries in federal courts: ______ decide questions of law, ______ decide questions of fact.

judges,juries

The American legal system is primarily structured around a set of federal and state courts that are collectively known as the

judicionary

Article III establishes the ________ of the federal courts.

jursisdiction

The term ____ has been defined in a variety of ways throughout history

law

Under the Fourth Amendment, _______ and _______ (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a _______ officer who has sworn by it

law enforcement search seizure

In addition, both the right to due process and the right to equal protection apply not just to individuals but also to "_______," such as corporations, LLCs, and other business entities.

legal persons

The English jurist _______ described the right to bear arms as an auxiliary right, one supporting the primary _______ of self-defense and resistance to oppression and the civic duty to act in defense of one's country.

natural rights Sir William Blackstone

Article III of the Constitution vests judicial power in _______ and in inferior federal courts established by Congress

one supreme court

Article III of the Constitution vests judicial power in _______ and in inferior federal courts established by Congress.

one supreme court

The Commerce Clause not only has a "_______" aspect that grants broad powers to Congress to regulate interstate commerce; it also has a "negative" or _______ side, imposing limits on the general police powers of the states.

positive dormant

is the application of law from previous cases to current cases with substantially similar circumstances.

precedent

Uncertainty can open up various legal strategies: (1) _______(2) _______, (3) _______,and (4) value creation or legal competitive advantage. (Chose three best answers)

prevention avoidance noncompliance

Administrative law would be an example of a _______ source of law.

primary

The protections in the Bill of Rights apply against the _______ not against _______.

private business firms government

The _______ test essentially applies to almost every economic regulation and tax-related law.

rational basis

In National Federation of Independent Business v. Sebelius, the U.S. Supreme Court held that the individual mandate exceeded Congress's power to

regulate commerce

One of the most significant sources of Congress's powers is its enumerated power to

regulate commerce

Among the enumerated powers delegated to Congress are the powers to: _______

regulate commerce bankruptcy coin money

The First Amendment is perhaps the most famous provision in the entire Constitution, that protects individual liberty in three overlapping domains:_______, _______, and _______.

religion speech association

The principle of _______ refers to the creation of power centers within a single level of government.

separation of powers

The doctrine of _______ states that similar cases with similar facts and issues should have the same judicial outcome

stare decisis

The principle of _______ requires all lower courts, such as trial courts, to follow the case precedent, meaning that any similar case from that point in time onward would be decided according to the _______.

stare decisis precedent

In the United States, examples of primary sources of law would include: _______

statutory law common law constitutional law

Constitutional law: (1) established _______ for state and federal governments; (2) granted _______ powers for different branches of the government; and (3) provided _______ protections for U.S. citizens from wrongful government actions.

structure procedural specific

The remedy for breach of contract may depend on the classification of contracts as _______ law with ________ rights in dispute

substantive civil

At the federal level, when Congress drafts a statute that has not yet been signed by _______, it is known as a bill.

the president

Although the _____ Amendment is rarely mentioned or studied today, it is one of three separate amendments in the Bill of Rights protecting private property rights.

third

The _______ Amendment is one of three separate amendments in the Bill of Rights protecting private property rights, in this case housing soldiers without the _______

third consent of person

Generally, a(n) _______ refers to a plan of action and are helpful when one is operating under conditions of _______.

uncertainty strategy

The purpose behind a secondary sources of law is to increase the level of _______ and _______ across courts in all 50 states.

uniformity fairness

Congress can use its commerce power strategically to regulate almost any aspect of business, including the following: _______.

waterways persons moving among the states interstate shippers