Legal Environment Exam 1

stare decisis

"let the decision stand"

United States Constitution does what 3 things?

1. Established national gov't with 3 branches 2. creates a system of checks and balances 3. guarantees basic rights to the people

Civil Law

A law that governs relationships between individuals and defines their legal rights.

What is the role of an administrative law judge (ALJ)?

An ALJ is an employee of the agency bringing the charges.

Executive Branch

Enforces laws

Which of the following are considerations of corporate social responsibility? Choose 3 answer choices.

Environmental impact of a business, Ethical treatment of employees and suppliers, & Issues within the community where a business is located

Example of federal agency regulations that impact business operations?

Internal revenue service rules for business tax audit

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

Judiciary Branch

Interprets the laws

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

Mexico, the United States and Canada entered into the United States-Mexico-Canada Agreement (USMCA) in 2020. One provision of the USMCA prevents any party from passing laws that restrict the cross-border flow of data. Mexico passes a statute that restricts the cross-border flow of data from England. Is the Mexican statute a violation of the USMCA?

No, the Mexican statute is not a violation of the USMCA because England is not a signatory to the USMCA.

Which of the following is true about the International Court of Justice? Choose 3 answer choices.

Only a country may initiate a case on behalf of individuals in this court, It is also known as The World Court, & The jurisdiction of the court is limited to hearing cases from countries which agree to be bound by its decision.

RAM

Recognize (legal Risk), Analyze (legal Risk), Manage (legal Risk)

Legislative Branch

Responsible for enacting (making) law, made up of senate and house of representatives

legislative branch is made up of ___ & ____

Senate and House of Representatives

Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company? Choose 2 answers.

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 & Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees.

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

jurisprudence

The study of law - understand different thoughts and approaches and how they can impact judicial decisions

Agency rules are similar to statutes because of which one of the following?

They are legal requirements and binding as if Congress has passed them.

administrative agency

a federal or state gov't agency created by legislature to preform a specific function with power to make, interpret, and enforce laws ex. FDA

common law

a set of laws developed historically & by judicial precedent

natural law

all laws must be moral

precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Defendant

an individual or group being sued or charged with a crime

Regulations created by international organizations:

are not law unless adopted and ratified by individual countries.

Congress has the _____ to ______.

authority to amend the constitution

legal positivist

believes law is whatever the "ruler" says it is

who creates federal statutory law?

congress

States can have difference common law, statutory law, & state agencies but they must all follow the ______.

constitution

Business law is a vast body of state and federal law governing business activities that includes statutes (codes), common law, court cases, and: Choose 2 answers.

constitutions & regulations

Which of the following activities is an example of corporate social responsibility?

establishment of a foundation that funds high school educational initiatives

Assualt

fear of physical harm

Legal realism

focuses on the process of its enforcement ( judges can have biases)

The US Constitution impacts state sovereignty by requiring states to honor the public acts of another state through:

full faith & credit

In order for the provisions of a treaty to apply to a country, the country must:

have ratified the treaty.

legislature has the power to ______.

impeach president

employment law

is the division of law that governs the relationship between employers and employees. ( workplace harassment )

legislative can _______.

keep reworking proposed laws

statutory laws

laws passed by a state or the federal legislature that do not violate the constitution

Executives checks _____.

legislative & judicial branches

statutory law is created by :

legislature

" ignorance _____"

of the law is no excuse.

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

Plaintiff

person who's sueing

Angelina's neighbor Andrew tore down a fence that separated Angelina's property from Andrew's property. Angelina was outraged because she believed the fence was a part of her property and Andrew had no right to tear it down. Angelina sued Andrew, and after several months, they went to trial. In deciding the case, the court relied on the decision made in a previous case from the same jurisdiction that had similar facts and similar issues. The previous case the court relied on is referred to as:

precedent

who is authorized to enter into treaties under the constitution?

president

Civil Law:

regulates the rights and duties between parties

Substantive law governs a persons:

rights and responsibilities

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

Under the principle of rights, the term "rights" refers to:

the fundamental rights of human beings.

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

While Reginald was vacationing in Florida, he visited an exotic pet shop and decided to purchase a baby alligator. When Reginald returned to his home state of New Jersey, he built an appropriate enclosure for his alligator that would allow for its growth. Reginald also made sure to post warning signs and install sufficient locks on all his gates to ensure that the public could not wander into his yard and be harmed by the alligator. What Reginald failed to do, however, was to research the law in New Jersey regarding exotic pets such as pet alligators. Two months after Reginald returned home with the alligator, a sheriff's deputy knocked on his door to issue a citation to Reginald for violating a state statute that makes it illegal to keep alligators as pets. The deputy confiscated the alligator and fined Reginald $500. If Reginald decides to challenge the constitutionality of the statute on which the citation was issued, Reginald would do so through:

the judicial branch of state government.

While Reginald was vacationing in Florida, he visited an exotic pet shop and decided to purchase a baby alligator. When Reginald returned to his home state of New Jersey, he built an appropriate enclosure for his alligator that would allow for its growth. Reginald also made sure to post warning signs and install sufficient locks on all his gates to ensure that the public could not wander into his yard and be harmed by the alligator. What Reginald failed to do, however, was to research the law in New Jersey regarding exotic pets such as pet alligators. Two months after Reginald returned home with the alligator, a sheriff's deputy knocked on his door to issue a citation to Reginald for violating a state statute that makes it illegal to keep alligators as pets. The deputy confiscated the alligator and fined Reginald $500. The state statute that Reginald violated was created by:

the state legislature.

civil is make up of ____ & _____.

torts & contracts

Battery

unlawful touching of another person without consent

A company exhibits responsible corporate citizenship when it

uses its wealth and influence to benefit society as a whole.

A choice-of-law clause in an international contract will determine:

which country's law will apply in the event of a dispute.

When an international organization creates model regulations, it does so with a(n):

world-centric approach.

Statutory Law

written laws, usually enacted by a legislative body