Quiz 1
Government Regulations
Are used to eliminate abuse in business.
The Water Pollution and Control Act
Sets limits on discharges , including pollutants into sewer systems.
Appeals made to higher courts
The decision of the appellate court is binding on lower courts
In a situation where an injured party in an accident is partly to blame for the accident
The injured party cannot recover any damages because it is partially negligent in the case.
Racketeer Influenced and Corrupt Organizations Act
It prevents the infiltration of legitimate businesses by organized crime.
Trial Courts
They handle cases that are first instituted in them
Federal Courts
They have jurisdiction limited by Congress
Federal District Courts
They hear all criminal cases that involve a violation of federal law
A difference between rules and laws
Laws are enacted by the government while rules are not.
In the federal courts, the executive officer is called a _____.
Marshal
_____ laws are those that state how parties are to go forward with filing civil actions and how these actions are to be tried.
Procedural
The power of a regulatory agency to fix the prices that a business can charge is known as _____.
Rate-making power
Tort of interference of contract
Refers to two parties involved in a business relationship who bring in another party to become a part of the existing business.
The Federal Trade Commission and the Environmental Protection Agency are examples of _____ agencies.
Regulatory
Activities that are illegal regardless of their effect are known as _____.
per se violations
The purpose of antitrust laws is to:
promote competition among businesses.
The Resource Conservation and Recovery Act was enacted for:
regulating the generation, storage, transportation, treatment, and disposal of hazardous waste.
Statutes
They are less general than constitutions
Administrative Agencies
-Administrative agencies have the power to implement laws. -They can become specialist in a particular area of regulation.
The doctrine of stare decisis states that:
A decision taken by a court determines the fate of similar cases in other courts in the future.
The tort of injurious falsehood occurs when:
A person makes false statements of fact that degrade the quality of another's goods or services.
Common Law
Cases of common law are decided on the basis of procedents
Regulatory agencies can use the licensing power to:
Allow a business to enter the field being regulated
The _____ consist of ten amendments to the U.S. Constitution specifically designed to protect the civil rights and liberties of citizens and the states.
Bill of Rights
Civil Law
Civil law deals with the enforcement or protection of private rights
The individual against whom the case is filed is called the _____.
Defendant
Uniform Commercial Code (UCC)
Individual states have made changes to the UCC
A permanent order that is issued by a court with equity powers forbidding activities that would be detrimental to others is known as:
Injuction
United States Supreme Court
It has appellate jurisdiction in cases based on the U.S. Constitution
Jury trial procedure
The jury selected before an opening statement is made by the attorney.
Debarment refers to:
The prohibition on doing business with the government.
To recover for a tort based on negligence, the plaintiff must show:
the breach of the tortfeasor's duty to the injured party.