MGT 330 Exam 1
steps to rulemaking
(regulations spelled out in APA) enabling act, agency researches problem, propose regulation in federal register, public comment period, action on rules taken, final rule published in federal register and later filed in CFR, court and legislative challenges proposed
A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.
- A less dangerous alternative was available but was not used by the manufacturer. - The manufacturer failed to adequately warn the consumer about the dangers of the product. - It is inherently dangerous but is even more dangerous than an ordinary consumer would expect.
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.
- A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. - A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices.
- A valid contract existed between the plaintiff and a third party. - The defendant knew a contract between the plaintiff and a third party existed. - The plaintiff experienced injury or damages as a result of the defendant's actions.
Assume The Haunted Witch Trials meets the elements to be found negligent with regards to the claim by Lukas. What, if anything, could potentially reduce the award of damages to Lukas depending on the state in which the attraction is located?
- All of these: Comparative negligence Contributory negligence. Assumption of risk.
A chain of jewelry stores uses an actress, Felicity Fake, who resembles Rachel Real, a famous actress, to appear in commercials for their stores, with the intent of giving the impression that Rachel Real is endorsing the chain. They dress Felicity in a dress similar to the dress Rachel Real wore in her most famous movie and ask Felicity to imitate Rachel's voice. Rachel Real is insulted by the presentation. For which intentional tort could Rachel sue the company? Choose 2 answer choices.
- Appropriation - Invasion of Privacy
Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices.
- Bankruptcies -Patent, trademark, copyright cases
Ben is very mad at his supervisor because of pay cuts. Ben plots to damage some equipment so his company will have to pay him overtime compensation to repair it. In which of these situations could Ben be found guilty? Choose 2 answer choices.
- Ben carries out his plan, but there are no witnesses. - Ben walks over to the equipment holding a heavy sledgehammer he brought from home, but at the last minute, decides against hitting the equipment. Instead, he trips and falls, slamming the sledgehammer into a crucial part of the equipment, which ruins the machine.
Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices.
- Breach of duty of care. - Duty of care.
The reasonable person standard applies to which of the required elements to be proved in a negligence case? Choose 2 answer choices.
- Breach of duty. - Duty of care.
Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.
- Cal. Penal Code § 11164(a) (West 2020) - Ark. Code Ann. § 6-17-2401 (2020)
What are two types of challenges an attorney can make during voir dire?
- Challenge for cause - Peremptory challenges
What is true of corporate political speech? Choose 2 answers.
- Corporate political speech is protected by the First Amendment. - Political donations are protected by the First Amendment as types of corporate political speech.
Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company? Choose 2 answers.
- Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees. - Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager.
A judge issues a warrant without probable cause. What protection will limit the usage of any evidence that is now gathered? Choose 2 answer choices.
- Exclusionary Rule - Fourth Amendment
Which of the following are the THREE places a court may look to as a source of international law? Choose 3 answer choices.
- International organizations - International treaties - International customs
Which of the following are considerations of corporate social responsibility? Choose 3 answer choices.
- Issues within the community where a business is located - Ethical treatment of employees and suppliers - Environmental impact of a business
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
- It must seek to implement a substantial government interest. - It must directly advance a government interest. - It must not be overly restrictive to meet its objectives.
How does larceny differ from embezzlement? Select 2 answers
- It requires that the property is entrusted to the perpetrator. - The intent could include taking the property temporarily.
Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices.
- Legislation must be fair and reasonable in content. - Legislation must further a legitimate governmental objective.
What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.
- Limitations on advertisements for alcohol - Some advertising venues for tobacco
Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk. Choose 2 answer choices.
- Minimal Scrutiny - Rational Basis Test
Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices.
- Negotiation - Mediation
Which of the following are tactics that Congress can use to control exporting? Select 2 answers.
- Setting quotas - Employing subsidies
For an international arbitration to take place under the New York Convention, which of the following must be true? Choose 2 answers.
- The agreement to arbitration clause arises out of a commercial legal relationship. - he parties must have a written agreement for arbitration.
Which of the following is true about the International Court of Justice? Choose 3 answer choices.
- The jurisdiction of the court is limited to hearing cases from countries which agree to be bound by its decision. - Only a country may initiate a case on behalf of individuals in this court. - It is also known as The World Court.
The reasonable person standard can vary based on what factors? Choose 2 answer choices.
- The occupation of the defendant. - Facts and circumstances of the situation.
Select two types of trade barriers from the list below:
- The requirement that any beauty product manufactured abroad be tested on animals - The imposition of taxes on the import of bananas
Clarence sneaks into his neighbor's yard and takes a bike to sell for cash. What crime could he have committed? Select 2 answers.
- Theft - Larceny
In what situations does federal law preempt state law? Choose 2 answer choices.
- When Congress passes very detailed laws - When Congress passes a law and creates an agency to enforce that law
A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices.
- When a party brings a case in its court - When the party's property at issue in the case exists within the geographic boundaries of the authority of the court
When a defendant faces a negligence lawsuit, what defenses are available? Choose 3 answers
- contributory negligence - assumption of risk - comparative fault
In order to control what enters the U.S., Congress may: (Select 3 answers)
- create import quotas. - tax imported goods. - prohibit the import of certain goods.
Which of the following are methods of preventing unethical behavior? Choose 2 answers.
- establishing a company code of ethics - terminating an employee for unethical behavior
International laws primarily differ from U.S. laws in which of the following respects? Choose 3 answers.
- how the law is created - who can interpret the law - who is bound by the law
White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: Choose 2 answers.
- mail and wire fraud. - embezzlement.
What type of speech does not receive First Amendment protections? Choose 3 answers.
- obscenity - speech that incites lawlessness - threats to the president of the United States
Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.
- online legal research engines such as Lexis, Westlaw, or Bloomberg - bound volumes of reported court decisions, organized by jurisdiction, date, and courts
What are the three steps of a civil trial? Choose 3 answers.
- opening arguments - presentation of testimony and evidence - closing arguments
Which of the following represent two of the potential financial costs of reporting unethical behavior? Choose 2 answer choices.
- penalties, fines, and lawsuits against the company - the loss of top performing employees
Tort law provides a civil remedy for violations of which of the following protected interests? Choose 3 answers.
- personal or business reputation - the destruction of or damage to property - personal and physical safety
Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.
- punitive damages - compensatory damages
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.
- strict scrutiny - intermediate scrutiny - rational basis review
International organizations, such as the United Nations, provide regulatory guidance to their member nations through: (Choose 2 answers.)
- the adoption of standards. - the establishment of uniform rules.
When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following? Choose 2 answers.
- the impact of its decisions on employees over the profitability of the business - the harm to customers from using the company's product over profits
In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.
- the loss of a spouse's companionship - medical bills - actual missed days at work
intentional tort/damages
-assault (word/action intending fear of harm), battery (harmful touching of another), false imprisonment (intentional confinement of others activities w/o justification), appropriation (stealing image), conversion (stealing and then selling someones property), defamation..NOT NEGLIGENCE -compensatory or punitive
indictment
-formal accusation issued by grand jury protected by 5th amendment, jury hears states evidence and decides if a crime was committed and whether a trial should be heard (usually bigger crimes like felonies-murder). -after indicted, defendant appears in superior court for arraignment
international law
-governs relations among nations (shipping things all over world) -most important sources are generally national laws, customs, treaties, and international conferences/organizations
complaint requirements
-may be lengthy or brief -facts necessary for court to take jurisdiction, summary of facts to show plaintiff is entitled to remedy, statement of remedy plaintiff seeks
venue
-not jurisdiction...proper geographic location for the trial/where should it be heard? venue can be moved if you don't feel like you'll get a fair trail (in criminal cases) and you must argue it or you later waive the right to complain. -should be in the geographic neighborhood (usually county) where the incident leading to the lawsuit took place (where crime took place, usually criminal) or where the parties involved in the lawsuit reside (where def resides, usually civil)
district court
-over 10,000-25,000 dollars (appeal to NC court of appeals) -misdemeanors tried here (appeal to superior for new trial)
superior court
-over 25,000 dollars in NC -where you can appeal to after a district court trial for a brand new trial -misdemeanor appeals (new trial) and felonies (appeal to NC court of appeals)
defamation
-published/publicly spoken causing injury to another's good name/rep -slander (oral), libel (in writing/permanence), slander per se (really really bad), disparagement (economically injurious falsehood about another's property/product) -defenses are its true
eminent domain
14th amendment, the government can take your land but it must be for public use and with just compensation
due process
5th and 14th amendment, must be given notice and a chance to be heard before action can be taken
A common law system differs from a civil law system in which of the following ways?
A common law system relies primarily on case law.
What does mens rea require?
A particular state of mind
common law
AKA judgement/case law, not attributable to a legislature developed from custom or judicial decisions -come from stare decisis
5 elements of fraud
ALL NECESSARY TO PROVE FRAUD: intent (scienter-should have known what was being done was wrong), misrepresentation (lie), material (important) fact, justifiable reliance (plaintiff relied on representations of defendant and what defendant said was not obviously erroneous), damages (plaintiff suffered as a result)
4 elements of negligence-damages?
ALL NECESSARY TO PROVE NEGLIGENCE: duty of care (responsibility to do something), breach of duty (don't do what they are supposed to/act in a reasonable way and injury/result is foreseeable), injury/damage to plaintiff/property of plaintiff, proximate cause (defendant caused injury to plaintiff, if they had acted responsibly/correctly the injury/outcome wouldn't have happened) -compensatory only
ALJ
Administrative Law Judge- must be unbiased, presides over hearing/power to administer oaths/take testimony/rule on questions of evidence/make determinations of fact
Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States' waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed's unlawful actions, can Bristol be held criminally liable?
Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions.
In the United States, who creates federal statutory law?
Congress
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:
Congress
A jury finds Joe not guilty of murder. Investigators have found new evidence proving Joe's guilt, so the prosecutor in the case wants to charge and try Joe again. What prevents the government from doing this?
Double Jeopardy
What is preemption in the Supremacy Clause?
Federal law is supreme over state law.
Franklin tosses a ball up in the air and intends to catch it, yet the ball hits a bystander, Yen, and injures her. Which of the following is correct?
Franklin was negligent.
Gordon Enterprises is a United States company that operates in Brazil. The Brazilian government confiscates Gordon Enterprises' assets. If Gordon Enterprises files a lawsuit in a United States federal court to recover its assets from the Brazilian government:
Gordon Enterprises is unlikely to be successful unless the confiscation was in violation of a treaty that prohibits confiscation.
What factor should a plaintiff consider when deciding which interference tort applies to a situation?
If the plaintiff had a contract with another party who breached the contract.
Under the common law, which of the following is true? Judges are responsible for the creation of statutes. Congress is responsible for interpreting the common law. Judges may never deviate from established precedent. In a case of first impression, a judge may use persuasive authorities rather than precedents.
In a case of first impression, a judge may use persuasive authorities rather than precedents.
What must a plaintiff prove in an intentional tort case?
Intent to commit the act.
Which classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job?
Intermediate Scrutiny
Which of the following is an example of federal agency regulations that impact business operations?
Internal Revenue Service rules for business tax audits
The maker of CalmDown argues that it should not be subject to the jurisdiction of any state court other than Alaska. Which of the following, if true, is CalmDown's best argument against being subject to any other state's jurisdiction?
It merely conducted some activity outside of Alaska and that activity took place through a website.
Which of the following lists the steps of a trial in the correct chronological order from beginning to end?
Jury selection, opening statements, plaintiff's case, defendant's case
Under which principle of ethics would a person consider whether his or her action is one that every other person should take?
Kant's categorical imperative
For what types of dangers does The Haunted Witch Trials have a duty to warn its patrons?
Known and unknown dangers
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?
Legal Realist school
Which of the following provides notification to a criminal defendant in custody of the right to an attorney?
Miranda warning
miranda rights
Miranda-confessed/guilty but didn't know his rights, wouldn't have confessed had he known he had the right to remain silent and now the rights must be read (silent/can be used against you (if silent before waive rights), right to attorney/one will be appointed if you cant afford (afidavit unless conflict of interest) -if you volunteer information to begin with waives miranda rights -once in custody being questioned you must be read your rights
How does the punishment for a misdemeanor differ from the punishment for a felony?
Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail.
What defense, of the following, may Sally potentially raise on charges of receiving stolen property, if the parts she bought from Nico were, in fact, stolen?
Mistake of fact, because she didn't know for sure they were stolen.
state law sources
NC general statutes (NC legislature or general assembly), state admin agency regulations
defenses to negligence (different in NC)
NC-contributory (any evidence against plaintiff means the defendant wins) most other states-comparative -assumption of risk (know risks and did unproperly) -consent (consent to typical injuries like in soccer) -act of God (boyscouts ex) -government/sovereign immunity (government cannot be sued)
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?
Natural law
Which of the following crimes has Janae committed?
No crime
Could Mark bring his action in federal court?
No, because even if there is diversity of citizenship, the amount in controversy is too low.
Assume that while employed at the manufacturing facility in France, a French woman was sexually harassed by a supervisor, who is also French. Neither hold U.S. citizenship. May she bring an action for harassment in a U.S. federal court?
No, because the woman is French.
Can Ernesto's Auto Body Shop be held liable for money laundering and receiving stolen goods?
No, for either.
Is GalaxyX likely to be successful in its suit against OSC for violating Section 1 of the Sherman Act?
No, if there was not a conspiracy to restrain trade.
You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights?
No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?
No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?
No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
For some time, the police have suspected Abbie of selling drugs out of her apartment, but the police have not been able to gather any concrete evidence with which to prosecute Abbie. One night, the police decide to try a knock-and-talk procedure, where the police just knock on Abbie's door and see if Abbie will allow them inside. Abbie refuses to give consent for the officers to enter after they knock, but the police officers push past Abbie anyway. Once the officers are in the apartment, the officers see drugs in plain sight, so the police seize the drugs and arrest Abbie for possession with intent to sell. At Abbie's trial, can the drugs be entered into evidence?
No, the drugs cannot be admitted into evidence at trial because they were illegally obtained.
If law enforcement is conducting an investigation into Nico's business dealings, would they be permitted to examine the records of Ernesto's Auto Body Shop and/or Sally's personal bank account without a warrant and against their wishes, for evidence of Nico's wrongdoing?
No, they do not have sufficient probable cause nor do they meet any warrant exception.
Assume that while in space, a satellite owned by the Russian government collides with OSC's vehicle causing $50 million dollars in damage. Under the provisions of The Liability Convention, is Russia liable for the damage?
No, unless the collision was the fault of the Russian satellite.
In OSC's suit against the Chinese government, what is the likely outcome, assuming OSC has a valid property right to the materials in the manufacturing facility and the taking was not for a lawful public purpose?
OSC would prevail because the taking was a confiscation, a violation of international law.
The Village of Gratis' City Council created a profile on Interwebs. It regularly posted notices about roadwork which may cause traffic delays, village council meetings, and proposed village ordinances. Interwebs allowed users who followed the Village's profile to post comments. Generally, the comments were benign. However, a disgruntled community member who had a quarrel with a councilman began posting statements challenging the councilman's fitness to serve and competency of the entire council. He was regularly posting 30-50 comments per day, flooding the page. May the Village revoke his (and his alone) ability to post to their profile (assuming Interwebs does not function as a hosting service but is akin to the platform provided by Facebook)?
Probably not, but Interwebs could if he is in violation of their terms of use.
Cari discovers that Lucas has a criminal background and shares this information with others where they both work. Which intentional tort could apply here?
Public Disclosure of Private Facts
Samantha has been the top salesperson at her company for the last six months in a row. Samantha has been using high-pressure techniques to meet the unrealistically high sales quotas in her division, including marking up the price so she can offer a good discount to the customers, lying about the quality of the product, and telling customers that the items are one-of-a-kind when they are not. Her manager, Samuel, is aware of the tactics Samantha is using but does not say anything because Samantha makes their division look great. Here, the parties guilty of unethical behavior include:
Samantha and Samuel.
What business speech is protected by the First Amendment?
Some types of advertising
How are tariffs used to control imports?
Tariffs increase the cost of a product by taxing the importation.
If Mark cannot find a physical address to serve the maker of CalmDown and convinces a judge that the best way to serve the company is through a notice via email to [email protected], what must he first show?
That service by traditional means has failed and service via email to this address is reasonably calculated to provide notice and an opportunity for the app makers to respond.
You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?
The Methods of enforcing the rights established by substantive law
What was the duty of care that The Haunted Witch Trials owed to its patrons?
The attraction owes a duty to act with special care because patrons are invitees.
If a business owner's property in a foreign country is confiscated, what remedy is available?
The company can try to convince the U.S. to intervene and try to negotiate a settlement with the foreign country.
What would be The Haunted Witch Trials' best argument for why it did not breach its duty to Theo?
The danger was open and obvious, therefore, they did not have a duty to warn Theo.
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
The federal statute preempts the state statute under the Supremacy Clause.
Interwebs began developing sophisticated programs that would take the users location at the time of posting and tag it in the metadata of the post which users can choose to share or not share to their subscribers. Interwebs also created programs that would track which posts users viewed or commented on and would modify the content the user would see based on their predicted preferences. Interwebs would compile all this data and sell it by allowing advertisers to choose which group of users it wanted its ads displayed in front of and charging the advertisers to target specific demographics. When users would first sign up for the site, it required agreement with Interwebs privacy policy which stated that users' data may be "collected and used for a variety of reasons." Unbeknownst to users, the U.S. government was also monitoring the user's posts and meta data information to gain access to users' whereabouts and activities. What is the best argument that this a violation of the users' constitutional rights?
The metadata was non-public and users did not consent to its disclosure.
You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him! What do you think might happen if you go through with your plan?
The owner of the restaurant could sue you, and you may have to pay him money.
Which of the elements must a plaintiff prove to prevail in a negligence lawsuit?
The plaintiff must address all of the elements.
Which of the following describes a product with a defective condition?
The product is not reasonably fit for its ordinary and intended use.
You are the manager of a sandwich shop called Buns-R-Us, which has twelve employees. The corporate office has a very robust ethical code of conduct for employee behavior and has trained each employee on it. On a personal level, you disagree with some of the rules. And, because you are the manager, you choose not to follow them. When your employees see that you, as the manager, do not follow the rules, what's the likely consequence?
They will likely not follow the rules either.
You play drums in a band that is very popular on your campus. In addition to playing other groups' hit songs, your band plays music that you write. One of your songs has gone viral and has over five million "likes" on Facebook. Your band copyrighted this song and is selling the single via iTunes. You learn that someone in Spain is selling downloads of the song without your permission. You want to stop the unauthorized sales. You are aware of the Berne Convention, an international treaty that would require Spain to recognize your copyright and enable you to enforce your rights in that country. You are thrilled that this treaty exists and you wonder how it came into existence. How are international agreements like the Berne Convention adopted?
Treaties must be approved by the supreme power of each nation. In the United States, approval by both the president and the Senate is required. The treaty must pass in the Senate by a minimum vote of two-thirds.
federal district court jurisdiction
U.S is a party (steal from federal state bank), federal question (is it constitutional?), diversity of citizenship (involving citizens of different states and over 75,000 dollars used in state where injury occurred)
If the Chinese manufacturing facility seeks dismissal from OSC's suit in a U.S. federal court, what is their best argument?
U.S. courts do not have jurisdiction to hear the case absent a forum selection clause in the contract giving it jurisdiction.
federal law sources
US code (enactments of congress), CFR (admin agencies), executive orders
constitutional law source
US/states (both have constitutions)
Where are fundamental rights protected specifically in U.S. law?
Under substantive due process
The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:
United States Reports.
The ethical model that focuses on the outcome of a decision, as opposed to the motives behind the decision, is:
Utilitarianism
Donnell Enterprises is a U.S. Company operating in France. France decides to build a national highway that will run right through the real estate where Donnell Enterprises is located. Can France legally take the property from Donnell Enterprises?
Yes, France can legally take the property from Donnell Enterprises if France pays Donnell Enterprises just compensation.
Some of the shareholders of Interwebs met to discuss the leadership of the company and whether it would be in their best interest to sell their shares or use their positions to replace members of the board. In particular, these shareholders made the majority of their wealth from the oil industry and they had vested interests in seeing pro-oil messaging on the site. However, several of the board members were advocates of green energy and saw climate change as a real and human influenced problem. In conversations about "misinformation" those board members wanted any climate-change denial to be considered "misinformation" and subject to content regulations. Can the company regulate speech relating to climate change, including restricting posts of government entities such as the Environmental Protection Agency (EPA) that discusses climate change on their site?
Yes, because government speech is not protected against censorship by an individual or corporation.
The People's Freedom Party is a group advocating an extremist political view, which bases its beliefs in a particular religious system. It advocates for the "elimination" of obstacles, including any person who opposes the group. It also advocates for "self-care" meaning that its members should take any and all steps necessary to protect themselves and their families against oppressors. Recently, the group has been put on a terror group watch list and both the Federal Bureau of Investigations as well as the Alcohol, Tobacco, and Firearms divisions of the government have started monitoring the groups' stock-piling of weapons. As part of the case against The People's Freedom Party, the government made copies of posts the group put on its Interwebs profile and then arrested leaders of the group for inciting violence. Is this speech constitutionally protected?
Yes, because it does not specifically call others to actions of violence.
Are Sally's actions enough to possibly make her liable for racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act?
Yes, because through her actions she participated in Nico's racketeering activity.
Can Mark compel the bank or the app store to provide additional information about the creator of CalmDown in order to determine the creator's location and potential assets?
Yes, he can subpoena records during the discovery process from both, but the bank and the app store may ask the judge to deny the request or limit the request due to privacy concerns.
If the maker of CalmDown receives Mark's properly served complaint and files a motion to dismiss, is the court likely to grant it?
Yes, if the court finds that CalmDown did not have sufficient minimum contacts with Vermont.
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?
Yes, it is a violation of procedural due process.
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?
Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
A company, Blue Marbles, who has a presence on Interwebs has become actively involved in political campaigns and uses their profile to make claims about federal and state political candidates - both positive and negative - as well as taking a stance on political issues and advocating for particular political parties. Blue Marbles has over 20 million followers and their political messages, if paid for, would far exceed the limits allowed by campaign finance laws. Days before the most recent election, Blue Marbles continued to post political content to its page. However, Blue Marbles never gave money directly to any candidate or political party. Is this permissible corporate political speech?
Yes, under the Citizens United case, Blue Marbles' speech is protected.
Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint:
a default judgment may be entered against her.
What does the reasonable person standard impose on a person in a negligence lawsuit?
a duty to act as a reasonable person would in the same circumstances.
What would a nation use to set limits on the number of goods being imported?
a quota
An agreement or contract between two or more countries that must be authorized and ratified by the governments of each country is what type of international law?
a treaty
government in sunshine act
ability to attend agency meetings, must be open to public observation with adequate advance notice or meeting and agenda except for closed meetings related to: accusation of crime, would frustrate future agency actions, subj of future litigation/rulemaking
ultra vires
agency has acted beyond its powers given to it by its enabling legislation (trying to make a law about something unrelated to its agency)
unanimous/majority/concurring/dissenting
all 9 agree, 5/4 agree, agree for different reasons, opposed
FOIA
allows you to get information on yourself from federal agency files even if no reason is given, 9 exceptions including national security
standing to sue
an individual must have a sufficient stake in the controversy before bringing a lawsuit, plaintiff must demonstrate they have been injured/damaged or threatened with such.
specific performance vs injunction
an order to perform what was promised vs directing a party to do/refrain from doing a particular act
appellant vs appellee
appealing vs appeal against
US supreme court
appeals from court of appeals, limited original jurisdiction, rule of four (4/9 justices must approve) required for a writ of certiorari (order issued by supreme court to a lower court requiring the latter to send it the record of a case for review)
challenging federal laws
arbitrary/capricious/don't have a good reason
Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is:
arbitration.
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:
arbitration.
interrogatory vs deposition
asking questions in writing vs live questioning under oath in front of a court
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court.
dram shop acts
based on negligence, imposes liability on owners of bars and taverns and on those who provide alcoholic beverages to public for injuries as a result of actions of intoxicated persons when sellers/providers of alcohol contributed to the intoxication (party hosts can be held liable for guests intoxication)
good samaritan statute
based on negligence, persons who provide emergency services to/rescue someone in peril cannot be sued for negligence unless they acted recklessly causing additional harm
What is the prosecutor's burden of proof in a criminal case?
beyond a reasonable doubt
When a U.S. employer does business abroad, whose laws govern the business?
both U.S. law and the foreign nation's law
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has:
both subject matter and in personam jurisdiction in the case.
Assume the state in which The Haunted Witch Trials is located has the following statute: "All special amusement parks and attractions must be inspected prior to becoming operational and may not contain open flames or other sources of ignition within 25 feet of a publicly accessible area." Given this statute, the Haunted Witch Trials has
breached a statutorily defined duty to its patrons.
In contrast to federal courts, state courts have what kind of jurisdiction?
broad
Jayne is opening her own bakery. As she develops her company policies, she is concerned about the morality of her actions and how those actions will affect her employees, her stakeholders, and herself. Jayne studying the rightness or wrongness of her actions as they apply to her business constitutes the study of:
business ethics.
What do legal professionals use to analyze court decisions that are relevant to their clients' cases?
case briefing
law classification that makes distinction whether state or individual brings action
civil or criminal
burden of proof-civil vs criminal
civil- plaintiff proving evidence based on preponderance of evidence criminal- government proving defendant guilty beyond a reasonable doubt
civil law vs criminal law
civil-purpose to compensate, usually two parties and government not usually involved criminal- purpose to punish against society, government represents victim
code of federal regulations (CFR)
complied list of all rules/enactments from all agencies, contains all federal regulations and is created by federal agencies
sufficient minimum contacts
connection with state being sued in (own land/property, live there, done sufficient amount of business there... no magic number though so use sliding scale, the more business/contacts the more evidence against you)
subject matter jurisdiction
courts power to hear a type of subject
The principle of stare decisis does which of the following?
creates predictability in the legal system
criminal law vs tort law
criminal-violation of a public law and prosecuted in the name of the state (violation of statute is wrongful act, verdict almost always unanimous) tort law-civil wrong with breach of duty causing harm
federal register
daily publication of executive branch, prints govn't orders/rules/regulations and states when/where proceedings will be/agency's legal authority for making a rule/terms and subj matter of proposed rule
John approaches a stranger standing at John's car who appears to be about to break the window. Before the stranger sees him, John knocks him to the ground. What should John claim as a defense to the criminal battery charge?
defense of property
What is a type of agreement that allows a foreign firm to market and sell a U.S. company's products in a foreign country?
distribution agreement
stare decisis
doctrine requiring judges to follow decisions of earlier courts when presented with similar circumstances
State statutory law is created by:
elected members of the state legislature.
The goal of the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA, is to:
eliminate trade barriers between the three countries over a period of time.
A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of:
embezzlement.
Bart works as an accountant for Good Times Restaurant. He is responsible for not only keeping the books current but also for making daily bank deposits for Good Times. Bart has been struggling financially, so he decides to put some of the daily bank deposits for Good Times into his personal account, instead of the bank account of Good Times. Every day, for one month, he takes ten percent of the cash receipts from Good Times and deposits them into his personal checking account. When the manager of Good Times discovers what Bart is doing, she contacts the police, and Bart is arrested. Bart can be found guilty of:
embezzlement.
US code
enactments of congress, arranges all existing federal laws of public/permenant nature by subject each having a title and title number
trespassing
entry onto, above, or below surface of land owned by another without permission/legal authorization, property owner must establish it with signs/request to leave but wont, trespasser liable for damages and owner not liable for any injuries on premises, defenses are warranted or licensed
equity vs equitable remedies
equity-branch of law seeking to supply remedy when no adequate remedy at law is available (monetary) equitable remedy-relief given to an innocent party to enforce a right or compensate for the violation of a right
Which of the following activities is an example of corporate social responsibility?
establishment of a foundation that funds high school educational initiatives
trial court
evidence and witnesses presented (can be appealed to court of appeals)
res ipsa loquitur
facts speak for themselves, court infers negligence has occurred and wouldn't occur otherwise
What is the system of government called in which states form a union and share sovereign power with the central government of the union?
federalism
steps in filing a civil lawsuit
file complaint, service of process (complaint and summons), defendants answer, motions (formal requests for court to take action), discovery (gather relevant evidence for trial-subpeona/request for admissions/interrogatories/deposition), petrial conference, trial, attorneys/dispute resolution
A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?
fines, imprisonment, and forfeiture of property
bill of rights
first 10 amendments, protect individuals against types of interference by government
What does venue refer to?
geographic location of the court
commerce clause
gives congress the power to pass laws/regulate interstate commerce (extensive authority to regulate economic activity), cant treat states differently (article 1 section 8 us constitution)
Through which proceeding do prosecutors obtain an indictment?
grand jury
An arbitrator is different than a mediator because an arbitrator:
has the authority to make a binding award.
In order for the provisions of a treaty to apply to a country, the country must:
have ratified the treaty.
Classics by Cathy is a United States company that sells upscale clothing worldwide. Classics sells clothes to Britain's Best Clothing in England. After a dispute arises between the two companies, Britain's Best sues Classics in England. Classics does not respond to the lawsuit, and a default judgment is entered against Classics. When Britain's Best brings the default judgment to the United States for collection, the United States court will:
honor the default judgment under the principle of comity because this judgment is consistent with the law of the United States.
self-incrimination
if you are called to testify against yourself you can plead the 5th, but corporations are not protected (cannot be forced, protected by 5th amendment)
shopkeepers privilege
if you detain someone in good faith in a reasonable way (suspicion of shoplifting) it protects shop from getting sued
equal protection clause
in 14th amendment, forbids legislature from enacting laws which impose a burden on a certain class of persons but not on other classes without good reason...state cannot deny any persons in its jurisdiction the equal protection of its laws
exclusionary rule
in criminal procedure, any evidence obtained illegally or in violation of accused's rights in 4/5/6 amends (fruit of poisonous tree) will not be admissible in court
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit?
in either federal or state court
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran:
in federal district court because the suit involves a copyright issue.
tortious conduct
infliction of severe emotional distress, causing harm to another, false imprisonment, assault & battery, defamation, invasion of rights to privacy, appropriation, misrepresentation/fraud, wrongful interference with a contractual relationship, intentional tort against property (trespass/conversion/disparagement)
Jan claims she was having a hallucination as the result of her clinically diagnosed schizophrenia while committing a crime. This defense is known as:
insanity.
What must a prosecutor prove when the law requires mens rea?
intent
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?
intermediate scrutiny
communication decency act
internet provider cant get in trouble for what someone posts
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:
invalidate the law.
judgement NOV
judgement notwithstanding the verdict-a motion in favor of party making motion on grounds that jury not fair/law not followed, trial judge takes jury verdict and sets it aside
voire dire
jury selection, preemptory excuse (been through similar situation and claim they can be fair but court disagrees) or for cause excuse (say they cant be fair)
To meet the element of intent, a plaintiff must prove that the defendant:
knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.
After class one day, you are in a hurry to meet a friend and accidentally leave your textbook in the classroom. You soon realize you do not have your book and return to the classroom to get it. Unfortunately, the book is gone. You go to lost and found, but no one has returned it. Later, you find out that someone took your book and sold it. What crime was committed by the person who took your book?
larceny
national law sources
laws of particular nations, varies based on interests/customs/activities/values unique to the nations culture (US uses common/civil law systems and other systems are based on the Sharia or Quran)
Alexander, the CEO of Westwind Baby Furnishings, received a report from one of his quality inspectors about a possible defect in the Baby Sleeptime Crib Westwind had just started to market. The report said the bed was not safe for older babies, because there was a chance it would collapse if the baby climbed up onto the railing. Westwind had manufactured 20,000 Baby Sleeptime Cribs and would lose a great deal of money if it could not market the cribs. Alexander decided to proceed with the sale of the cribs anyway, to maximize company short-run profits. Possible consequences Westwind could face for such unethical conduct include:
lawsuits, large settlements, and bad publicity.
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:
legal realism.
Which branch of government has the authority to enact law?
legislative
Kevin is preparing his wife's favorite stir-fry dish for dinner. As Kevin is chopping the vegetables for the stir-fry, his hand slips and he cuts his hand on the sharp knife. Kevin's wife rushes him to the emergency room. Kevin receives twenty stitches because the cut is so deep. Kevin wants to sue the knife manufacturer for damages. Kevin claims that the knife was defective because it was unreasonably dangerous. If Kevin files a strict liability lawsuit against the knife manufacturer, he will:
lose, because a sharp knife is not unreasonably dangerous.
small claims courts (NC specifics)
magistrate courts, resolution of minor disputes, rules of civil procedures more relaxed (NC-10,000 dollars or less, appeal to district court)
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:
may create new precedent.
requirements for a crime/types of crime
mens rea (guilty mind-intent to take life) and actus reus (guilty act/crime-murder)/misdemeanor (appearance-district court judge) or felony (appearance, grand jury, arraignment, trial, court of appeals/state supreme/us supreme)
When a plaintiff in a strict liability lawsuit has used a product in a way that is not intended or that the defendant could not have reasonably foreseen, the defendant may assert which defense?
misuse or abuse of a product
legal courts/courts of law
monetary remedies
Ethics is the consideration of how one should act, based on which of the following concepts?
morality, or principles of right and wrong
case citation parts
name, volume number, court heard in, page number, year decided by the court
3 types of torts-define tort
negligence, malpractice (intentional), strict liability (causing injury/didn't mean to even though you were careful) -a civil wrong where there is a breach of duty which causes harm to another
arbitration
non-judicial alternative dispute resolution mechanism where a disinterested third party (not the court) is brought in and settles a dispute by making the decision which is usually legally binding
Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:
not be successful if Liam's comments on Neely's written evaluation were made in good faith.
Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably:
not be successful, because Rihana did not assume the risk of the water ride collapsing.
comparative negligence
not used in NC, in the plaintiff is partially responsible and defendant is mostly responsibly the plaintiff will get partial compensation/requested damages but not all
Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia's luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of:
nothing, because she did not have the mental state required to commit a crime.
summons
notice to defendant that a suit has been filed
Falcon Air manufactures stealth fighter jets for the United States government. The Ukrainian government wants to purchase stealth fighter jets from Falcon. Falcon agrees to sell ten stealth fighter jets to the Ukrainian government. Once the purchase is complete, the Ukrainian government fails to make the complete payment. Falcon can sue the Ukrainian government:
only if the Ukrainian government voluntarily waived its sovereign immunity.
A legal citation for a court decision is used by legal professionals to research the law, and includes:
party names, location of the published case, court, and date of decision.
exhausting administrative remedies
party seeking court review must do this under exhaustion doctrine: negotiated settlements, formal complaint, hearing before ALJ, appeal to agency, appeal to federal court
default judgement
plaintiff awarded damages alleged in their complaint if def fails to reply to summons
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?
pleading
How a hearing or court case is conducted is governed by:
procedural law.
procedural vs substantive
procedural-how you proceed with a case substantive- cause of action you are actually suing on
judicial review
process of deciding among other things whether the laws or actions of the other two branches (executive/legislative) are constitutional (Marbury vs Madison-stare decisis case precedent)
appellate court
process of judicial review to determine if error was made, can affirm (no mistake, stands)/reverse (trial court messed up big time, reverse decision)/remand (part of case reexamined because of a mistake)
federal privacy act
protects federal government from releasing information about you to other governments without consent
Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:
put Jerome in the position he would have been in had the tort not occurred.
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
rational basis review
Substantive law governs a person's:
rights and responsibilities.
criminal defenses
self-defense, necessity to prevent greater harm, insanity (mental illness), mistake of fact/law, duress, entrapment, statue of limitations (not for murder), immunity
Karishma and Stephen, co-owners of Roundtree Corporation, are discussing a new benefits package they are considering for their employees. The proposed plan is more expensive for the company than the current plan but will offer better benefits to the employees. Stephen wants to decide based solely on the effect on the owners of the corporation, while Karishma's position is that the employees should be taken into consideration as well. Stephen is more concerned with the _____________ theory of management, and Karishma is more concerned with the __________ theory of management.
shareholder; stakeholder
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:
stare decisis.
supremacy clause/preemption
state and local laws that directly conflict with federal laws must uphold the federal law/certain federal laws take precedence over state or local laws
Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply?
state law
police powers
states can regulate commerce/promote public order/health/safety/morals/welfare within their own state
requirements to file civil lawsuit
statute of lims (time frame you have to sue within), standing to sue/legal dispute (you/your child/property must be the thing injured/damaged), venue, cause of action, amount/jurisdiction
what is an administrative agency?
statutory creation with the power to make, interpret and enforce laws
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:
statutory law.
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:
summary judgment.
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
the Supremacy Clause
Under the principle of rights, the term "rights" refers to:
the fundamental rights of human beings.
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:
the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
In ethics, compliance with the law is considered:
the moral minimum.
in personam jurisdiction & when is it least likely?
the person being sued must have a connection with the court they are being sued in (Smith can sue Jones in state A for accident Jones caused only if Jones is a citizen of state A or the accident occurred in state A) -least likely when state has no contacts with forum state but is served with process in another state
jurisdiction
the power of the court to hear and determine a matter before it is called (must have in personam and subject matter to hear a case)
the authority of a specific agency to make law is typically determined by
the statute that created that agency, congress creates and agency and spells out its powers AKA enabling legislation (federal agencies take precedence over conflicting state statutes, all agencies must follow APA steps to make a law)
Historically, the common law developed from: the movement from religious to secular law in the 15th raised to the power century Europe. the emergence of courts of law and courts of equity in seventeenth-century France. the unification of local customs and laws in feudal England. the democratic creation of rules and laws in ancient Greece.
the unification of local customs and laws in feudal England.
An antidumping duty is used by the United States for what purpose?
to discourage importers from underselling U.S. businesses
The federal and most state judicial branches have at least these three levels in the court system:
trial court, intermediate appellate court, and highest appellate court.
Alfonso plays basketball for Hope County High School. His team makes it to the state tournament, where they play their archrival, Duvall County High. After an intense game where tempers run high, the Hope County team wins. While walking home from the basketball game, Alfonso is confronted by George, a member of the Duvall County team. George pushes Alfonso, causing him to fall to the ground. Enraged, Alfonso pulls a gun from his gym bag and shoots George in the chest, killing him instantly. Alfonso is arrested and charged with murder. Alfonso claims he shot George in self-defense. At trial, Alfonso's claim of self-defense is likely to be:
unsuccessful, because Alfonso used excessive force.
A company exhibits responsible corporate citizenship when it:
uses its wealth and influence to benefit society as a whole.
Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?
utilitarianism
Juan owns a manufacturing company that wants to expand its line of plastics. To expand and still make a profit, pollution into the local river will be significantly increased. In evaluating his decision, Juan tries to determine whether expanding the company's line of plastics would produce the greatest amount of good for the greatest number of people. In doing so, Juan is following the ethical principle known as:
utilitarianism.
Susan imports pottery from Spain. Under federal law, the pottery that Susan imports from Spain is taxed three times as much as pottery that Susan obtains from suppliers in the United States. The federal law that taxes Susan's imports more than products made in the United States:
violates the General Agreement on Tariffs and Trade (GATT), and the World Trade Organization (WTO) will require the United States to change its law.
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?
voir dire
elements of a trial
voire dire, opening statements, plantiffs case, def cross-examine plaintiffs witness, def moves for directed verdict, defs case, paintiff cross examine def witness, def moves for directed verdict, closing, jury instructions/deliberations/verdict, post trial motions, enforcing judgement
A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:
warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.
Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:
what a reasonable person would have done under the circumstances.
A choice-of-law clause in an international contract will determine:
which country's law will apply in the event of a dispute.
Expropriation occurs when a foreign government seizes the property of a U.S. business operating in that country:
with just compensation.