Condensed BUS Law Exam Review #1

62.) OCED's Anti-Bribery Convention

- "OECD" Convention on Combating Bribery of Foreign Public Officials in International Business Transactions." -Is a legally binding international treaty that aims to combat bribery and corruption in international business transactions. -It was adopted by the member countries of the Organization for Economic Cooperation and Development (OECD) in 1997 and has since been a key instrument in the global fight against corruption

9.) Types of Court Systems (Ch.3)

-All U.S court systems include two types or levels of courts: trial courts and appellate courts

48.) Freedom Of Information Act (P.167)

-Allows access to certain information federal agencies possess and requires that the agencies publicly disclose their procedures and decisions -Limitations on obtaining information could be exempt from FOIA requests privacy matters, etc

22.) Regulations

-Also known as administrative rules or agency rules, are rules and standards created by government agencies or administrative bodies to implement and enforce the statutes passed by legislatures

22.) Statues

-Also known as legislation or laws, are formal written laws enacted by a legislative body, such as a federal or state legislature

73.) Free trade agreements

-Are international treaties or agreements between two or more countries that aim to reduce or eliminate barriers to trade and promote economic cooperation among the participating nations. -While these exceptions exist, they are subject to certain limitations and must comply with the rules and principles outlined in the relevant agreements, including the General Agreement on Tariffs and Trade (GATT)

22.) Constitutions (P.13)

-Are not statues because they cannot be added to, amended, or repealed with the same ease as can statues, are the law of the people

10.) Cases to U.S. Supreme Court

-As a matter of right (statute/constitution allows it) -By permission (grant of writ of certiorari)

29.) Attorney Fee Arrangements Fixed Fee (Google)

-Attorney is working for the client on what works out to be a "flat-rate"

1.) Positivist School Of Legal Thought (P.11)

-Believe that the critical part of the law is obedience so that we can have an orderly society

9.) Split of Authority in different federal court of appeals. How is it resolved (P.74)

-By a rehearing in the court sit en banc, meaning the full bench hears the decision -This allows the court to reevaluate and possibly overturn the decision

12.) Diversity of citizenship (P.82)

-Cases in which the parities are from different states qualify for this -Federal district courts have the authority to hear these cases

26.) Discovery Techniques

-Court-supervised process of gathering evidence is called Discovery -Techniques Might Include 1.) Request For Admissions 2.) Interrogatories 3.) Depositions 4.) Request For Production

32.) Forms of unprotected speech

-Defamatory Speech -Lewd or obscene speech -Fighting words or words to incite a riot -Untruthful advertising

36.) Just compensation requirement in eminent domain cases

-Final requirement for the proper exercise by a governmental entity of the right of eminent domain is that the party from whom the property is being taken be given this

53.) Appeal Of A Administrative Law Judge (ALJ) (P.212)

-First is judicial review of an agency's action generally not a trial de novo (meaning new trial) appellate court takes the findings of the fact of the ALJ unless those findings are unreasonable or biased

6.) Classifications of law

-Flexibility, consistency, and pervasiveness

2.) Law

-Form of order, body of rules of society governing individuals and their relationships

39.) Import Export Clause

-Found in Article I, Section 10, Clause 2 of the U.S. Constitution, and it states: "No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary -This clause prohibits states from imposing taxes, tariffs, or duties on imports or exports without the consent of Congress

39.) Tax and Spend Clause

-Found in Article I, Section 8, Clause 1 of the U.S. Constitution, and it states: "The Congress shall have Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States."

2.) Morality (Nature PP.13

-Goes above the law; we should strive for it -Based on our personal values

52.) Role of an administrative law judge (ALJ) (P.211)

-Has all powers of a judge -Has certain unique powers to hold settlement conferences between the parties -Has the responsibly of making the decisions in the case

31.) Strict Scrutiny

-Highest Level -Used when an individual's fundamental right is affected by government Requirements -Government to have a compelling interest

62.) Foreign Corrupt Practices Act

-Is a United States federal law that was enacted in 1977 to address and prohibit bribery and corruption in international business transactions. The primary purpose of the FCPA is to promote transparency, ethical conduct, and fair business practices by U.S. companies and individuals when dealing with foreign governments, officials, and entities

29.) Attorney Fee Arrangement Contingent Fee (Google)

-Is results-based. If your attorney doesn't win your case, you don't have to pay a dime

71.) Islamic Law (Nature PP.17)

-Islamic countries only follow the Quran as the basis of their countries' law

71.) Common Law (Nature PP.17)

-Judge made law

71.) Civil Law (Nature PP.17)

-Judges have no power to make law

37.) Judicial Restraint

-Judicial philosophy that emphasizes a limited role for judges. Judges who adhere to this philosophy generally defer to the decisions of elected lawmakers and exercise restraint in interpreting and applying the law. They are more likely to adhere to precedent and avoid making sweeping changes

11.) Types Of Jurisdiction (P.80)

-Jurisdiction is the authority or power of a court to speak the law -The subject matter of a case controls which court has jurisdiction -For example, some courts can handle bankruptcies whereas others may be limited to traffic violations

18.) Purposes Of Law (Nature PP.5)

-Keeping order -Influencing conduct -Honoring expectations -Promoting equality -Conflict resolution

68.) Attorney Client Privilege

-Keeps the relationship confidential and assures that others (even an adversary in a lawsuit) have limited access to lawyer-client conversations

1.) Realism School Of Legal Thought

-Law comes from experience; law depends on the facts -The law is constantly changing

1.) Natural School Of Legal Thought (P.12)

-Law is based on right, reason, and intelligence of man as derived from his creator

59.) Executive Orders (P.14)

-Laws of the executive branch of the federal government that deals with issues under the direct control of that branch

22.) Ordinances

-Laws passed by local governments that control local issues such as zoning, dog licensing, parking, and traffic control

30.) English Rule On Attorney's Fees

-Loser pays the opposing party's attorney's fees

31.) Rational Basis Test

-Lowest level of scrutiny -Generally it is easy for the government to meet -Explains why the federal government's powers have grown so much since the Roosevelt Supreme Court in the early 1930s

66.) Most-Favored-Nation Rule- or Normal Trade Relations (NTR)

-Major general principle of GATT -Any trade advantage or privilege granted by one GATT member to the goods of another member should be granted to all

46.) Enabling Acts Establishing Administrative Agencies (P.182)

-May establish an administrative agency with the power to adopt rules to deal with the problems of enforcement -Gives the agency power to deal with the issues and problems the act addresses

33.) Political Speech

-Most highly protected speech

67.) Sources Of Law How law is made? (P.13)

-Multi-step process Exhibit 1.2 Explains

56.) State Taxation of interstate commerce under the Constitution

-One of the Commerce Clauses key provisions that limits the power of individual states to regulate or tax interstate commerce in a manner that could impede the free flow of goods and services across state lines

2.) Ethics (Nature PP.11)

-Our commitment to what is right and our rejection of what is wrong

35.) Pleadings (P.118)

-Parties' positions in a case are found in the -Complaint or Petion is a

7.) Equitable Remedies (P.118)

-Plaintiff may seek this; Such as a specific performance in the case of an action for breach of contract

40.) Judicial Review (Nature Of Law PP.29)

-Power of the court to hear a dispute

2.) Legal Justice

-Primarily deals with the administration of laws and regulations within a society -Is concerned with ensuring that individuals are treated in accordance with the law and their legal rights are upheld

45.) Informal Rule Making (P.207)

-Process is the same as that for formal rulemaking, with the exception that no public hearings are held on the rule

43.) Supremacy Clause

-Provides that when state and local laws conflict with federal statutes, regulations, executive orders, or treaties, the federal statue, regulation, executive order, or treaty controls the state or local law

37.) Judicial Activism

-Refers to a judicial philosophy in which judges are more willing to interpret the law broadly, even if it requires departing from precedent or legislative intent, to achieve certain social or policy goals

63.) What is "State Action" and how does it bar a person who is injured due to a foreign county's act?

-Refers to actions or conduct that are attributable to a government or state entity, as opposed to actions taken by private individuals or entities -When a person is injured due to the actions of a foreign country, the question of state action becomes relevant in determining whether the injured person can seek remedies in U.S. courts

66.) Countervailing Measures

-Remedies allowed to importing state -To request consultation with the subsidizing state -To combat illegal subsidies by an exporting country

13.) What is the requirement of minimum contacts for personal jurisdiction to satisfy due process requirements? When does it exist? (P.92)

-Requires states to notify out-of-state defendants of a suit and determine that those defendants have some contact with the state -Such contact can come through the voluntary acts of shipping products or advertising products or services in the state

34.) Content-Based Restrictions On Speech

-Restrictions on speech are limitations imposed on the basis of the subject matter or content of the speech. These restrictions target the expression of specific ideas, topics, or viewpoints Ex: Hate speech, obscenity, incitement to violence, and fighting words

41.) Fourth Amendment

-Right to be secure against unreasonable searches and seizures right (search warrant requirement) for administrative searches

34.) Time and place restrictions on speech

-Speech regulate when and where certain types of speech can occur but do not target the content or subject matter of the speech itself.

8.) State Court System (Ch.3)

-State Supreme Courts -State Courts Of Appeals -General Trial Courts -Lesser Courts -Small Claims Court, Justice of the Peace or County Courts

7.) Legal Remedies (P.118)

-Such as money, in which case a dollar amount is specified

4.) What is the rule of law and why is it significant? (Nature PP.4)

-The law that is used to decide disputes not the wishes or ideas of any mer mortal, irrespective of position

30.) American Rule On Attorney's Fees (Study Sheet)

-The loser generally does have not have to pay the opposing party's unless he or she agreed to do so in a contract

21.) Statute Of Limitations (P.116)

-The plaintiff must file the petition or complaint within certain time limits each state has for filing suit -These time limits are called

57.) Rules of construction of a statute/interpreting the meaning of a statute

-The process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation

2.) Social Responsibility (P.44)

-The role of business is to serve the larger society by responding to society by responding to society's needs as a first priority

49.) How Congress and the judiciary control administrative agencies? (Admin PP.6)

-They can abolish agency -Provide specific legislation contrary to rules of the agency -Limit appropriation of funds to agency

28.) Service Of Process

-This is the serving of the plaintiff's complaint and a court summons on the defendant. It starts the filling an answer

12.) How a U.S. district court can have subject matter jurisdiction?

-U.S federal district courts are limtied in the types of cases they can hear; that is, their subject matter jurisdiction is limited -Can hear only 3 types of cases 1.) U.S is a party 2.) Involve a federal question 3.) Involve diversity of citizenship

8.) Federal Court System (P.81)

-U.S. Supreme Court -U.S Courts Of Appeals -Federal District Courts -Specialty Courts -U.S Claims Court, etc

2.) Social Justice

-Upholding the condition that in a perfect world all citizens would have identical "rights, protection, opportunities, obligations, and social benefits," regardless of their backgrounds and membership in diverse groups

31.) Intermediate Scrutiny

-Used when the government acts to treat persons differently because of gender or illegitimacy Requirements- Government must have an important interest

33.) Commerical Speech

-Usually advertising by business and professions -Can be expressive speech

19.) What are the requirements of a good law (the objectives of law)?

1.) Certainty 2.) Flexibility 3.) Knowability 4.) Reasonableness

55.) Sanctions that can be assessed by an administrative agency

1.) Fines and Penalties 2.) Injunctions 3.) Administrative Penalties 4.) Restitution 5.) Administrative Hearings

5.) 4 ways new law is made? (Nature PP.15)

1.) Formulation of rules by courts (common law) 2.) Enactment of statutes and interpretation by the courts 3.) Creation of constitutions and interpretation by the courts 4.) Promulgation of rules and regulations by administrative agencies (administrative law)

66.) Major general principles of GAAT (INT BUS PP.15)

1.) Nondiscrimination Principle -MFN Or NTR status 2.) Anti-Dumping 3.) Countervailing measures to combat illegal subsidies by and exporting country 4.) Transparency principle

38.) Highest form of law in the U.S? (Hierarchy of Law) (P.13)

Exhibit 1.2 1.) U.S Constitution (Highest) 2.) Federal Legislative Enactments 3.) Federal Administrative Regulations 4.) State Constitutions 5.) State Legislative Enactments 6.) State Administrative Regulations 7.) County Ordinances 8.) City Or Borough Ordinances 9.) Private Laws

47.) What are some federal administrative agencies (P.182)

Exhibit 6.1 -Department Of Agriculture -Department Of Commerce -Departed Of Labor -Interstate Commerce Commission (ICC)

45.) Formal Rule Making (P.190)

Exhibit 6.3 -Enabling act is required by the government

74.) Legal risks in doing business globally?

Expropriation and Repatriation

33.) Constitution Test For Commerical Speech?

Four-Pronged Test 1.) Is the speech protected 2.) Is there a substantial government interest 3.)Does the regulation directly advance the government interest 4.) Is the regulation no more extensive than necessary