Business Law

Which classification of law involves disputes between private individuals or groups?

Private law

The __ test requires us to imagine that our actions are being broadcast on national television

Public disclosure

What classification of law involves disputes between private individuals or groups and their government?

Public law

In a private trial, a(n) __ is selected and paid by the disputing parties to offer a legally binding judgment regarding their dispute

Referee

What are laws?

Rules of conduct in any organized society enforced by the governing authorities of the community

Which refers to a court's power to hear certain kinds of cases?

Subject-matter jurisdiction

In terms of judicial review of an administrative agency's fact finding, the court must be satisfied that the facts were supported by __

Substantial evidence

Administrative law consists of the __ and __ rules created by administrative agencies

Substantive, procedural

What happens in mediation?

The disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute

Once a case is in the proper court system, __ determines which trial court in the system will hear the case

Venue

Arbitration is often a(n) __ process based on a(n) __

Voluntary, contractual agreement

What is negotiation?

A bargaining process in which disputing parties interact informally to attempt to resolve their dispute.

What is a subpoena?

An order to appear at a particular time and place and provide testimony

__ of the U.S. Constitution states that government may not pass any "Law impairing the Obligation of Contracts"

Article I, Section 10 (Contract Clause)

If all other administrative procedures have been exhausted, any entity that believes itself harmed by an administrative rule may __

Challenge that rule in federal court

Which classification of law involves the rights and responsibilities found in relationships between persons and between persons and their government?

Civil law

In state court systems, most cases begin in a trial court of general jurisdiction. Most states refer to these courts as courts of __ pleas or __ courts

Common, county

Which classification of law involves the collection of legal interpretations made by judges?

Common/Case Law

Which document initiates the lawsuit?

Complaint

What law refers to the general limits and powers of the federal and state governments as stated in their written constitutions?

Constitutional law

What happens in early neutral case evaluation?

Disputing parties select a non-biased third party and explain their respective positions to the third party, who will then evaluate the strengths and weaknesses of the case

__ jurisdiction is a court's power to render a decision affecting the rights of the specific persons before the court

In personam

__ literally means "jurisdiction over the person."

In personam

In order to obtain __ over a defendant and to satisfy due process, a court must notify the defendant of the pending lawsuit

In personam jurisdiction

What is the initial attempt to resolve a business dispute usually like?

Informal

What is the primary type of rulemaking that administrative agencies use?

Informal

__ rulemaking applies in all situations in which the administrative agency's enabling legislation or other congressional directives do not require another form

Informal

What rules explain how an administrative agency views the meaning of the statutes for which the agency has administrative responsibility?

Interpretive rules

Why is informal rule making often used by administrative agencies?

It is more efficient for the agency in terms of time and cost

The case-or-controversy requirement for standing to sue is also referred to as __

Justifiable controversy

What is a difference between extortion and bribery?

While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.

Presidents claim the power to issue executive orders on the basis of their __, constitutional power to "take care that the laws be faithfully executed."

Article II, Section 1

*True or False:* Most industrialized countries have a single court system, with courts that have the power to hear both local and national cases

True

*True or False:* The stakeholders of a firm are the many groups of people affected by the firm's decisions

True

Which courts have the power to hear and decide cases when they first enter the legal system?

Trial courts

*True or False:* An agency's budget can be cut or defunded if the U.S. Congress decides that the agency is not performing as it wishes

True

*True or False:* Business representatives of disputing corporations participate in a mini-trial and have settlement authority.

True

If a plaintiff seeks at least __ in monetary damages, the __ Amendment to the U.S. Constitution entitles the parties to a jury trial

$20, Seventh

What are three other terms for trial courts?

-Courts of common pleas -Federal district courts -County courts

Aside from rule making, administrative agencies perform all which of the following additional tasks?

-Issuing permits -Advising -Conducting research -Managing property

What are the main alternative dispute resolutions?

-Negotiation -Mediation -Arbitration

Who are the stakeholders?

-Owners or shareholders -Employees -Customers -Management -The general community -Future generations

What are the four basic limits on administrative agency power?

-Political -Judicial -Statutory -Informational

What are the three threshold requirements that a case must meet before it is heard by a court?

1. Standing 2. Case or controversy 3. Ripeness

What are the two decisions asked in the WH approach to ethical decision-making?

1. Who are the stakeholders? 2. How should the decision be made?

Since when have private citizens been using the False Claims Act to sue employers on behalf of the government for fraud against the government?

1986

What is jurisdiction?

A court's power to hear cases and render decisions that bind the parties before them

What must happen to grant a motion for a judgement notwithstanding the verdict?

A judge must, as a matter of law, determine that the trial did not produce sufficient evidence to support the jury's verdict

What happens in an adversary system of litigation?

A neutral fact finder hears evidence and arguments that opposing sides present and then decides the case on the basis of the facts and law

What is standing to sue?

A person's legal right to bring an action in court

What is med-arb?

A process in which disputing parties agree to begin in mediation and, if unsuccessful in resolving the dispute, proceed to arbitration

What is a consent order?

A statement in which a company agrees to stop disputed behavior, but does not admit that it broke the law

What is reg-neg?

A type of rule making in which representatives of concerned interest groups and of the involved government agency participate in mediated bargaining sessions to reach an agreement

What type of law consists of the substantive and procedural rules created by administrative agencies?

Administrative law

Which classification of law involves the collection of rules and decisions made by administrative agencies?

Administrative law

The case-or-controversy requirement for standing to sue ensures that courts do NOT render __ opinions

Advisory

What is business law?

Enforceable rules of conduct that govern commercial relationships

If the plaintiff seeks a(n) __ remedy such as an injunction, the __ serves as the fact finder in the case

Equitable, judge

What are the two types of administrative agencies?

Executive and independent

The majority of federal administrative agencies are part of which category of agency?

Executive branch

__ rulemaking allows an agency to decide whether public participation in the rule-making process will be allowed

Exempted

*True or False:* The results of a summary jury trial are admissible as evidence in a regular trial

False

Constitutional law refers to the general limits and powers of the __ and __ governments as stated in their written constitutions

Federal, state

The United States legal system has two parallel court structures: a(n) __ system and a(n) __ system

Federal, state

When a contract contains a(n) __, the parties specify which court would hear a dispute over an alleged breach of the contract.

Forum-selection clause

The __ clause of the U.S. Constitution states that each state must respect the legislative acts of sister states.

Full faith and credit

Federal courts of __ have the power to hear a wide range of cases and can grant almost any type of remedy

General jurisdiction

In state court systems, most cases begin in a trial court of __

General jurisdiction

If a party to a case files a motion for a change of venue, what does the judge have the discretion to do?

Grant or deny the motion

Stare decisis is rooted in the perspective of the __ school of legal interpretation

Historical

What are values?

Ideas that underlie conversations about business ethics

__ is based on the idea that when ruling on a case, judges need to consider more than just the law, including other factors such as social and economic conditions

Legal realism

__, called statutes, are an important source of law

Legislative actions

What type of dispute resolution is used in reg-neg?

Mediated bargaining sessions

What can a motion for change of venue can be used to do?

Move the case from the court in one geographic location to another within the same system

In the federal court system, the courts of __ are the United States district courts

Original jurisdiction

Generally, the __ initiates a lawsuit by filing a(n) __ in the appropriate court

Plaintiff's attorney, complaint

What is the first formal stage of a lawsuit?

Pleading

Corporations engage in __ when they support a particular candidate or referenda

Political speech

What is a similarity between a summary jury trial and a mini-trial?

The neutral adviser's opinion in a mini-trial, like the jury's verdict in the summary jury trial, is not binding

In a criminal trial, what must the prosecutor produce in court to meet the burden of proof?

The prosecutor must produce any tangible evidence and testimony that prove the elements of the crime, and must meet the burden of persuasion

What is arbitration?

The resolution of a dispute by a neutral third party outside the judicial setting

What is precedent?

The use of past decisions to guide future decisions

What does it mean when a person has standing?

They have the legal right to bring an action in court

In the context of the Atlantic Marine Construction Company, Inc. v United States District Court for the Western District of Texas et Al., in the appeal by the Atlantic, the Supreme Court held that the lower court should seek to __ before __ the case

Transfer, dismissing

What is a summary jury trial?

An abbreviated trial that leads to a non-binding jury verdict.

What is a treaty?

A binding agreement between two states or international organizations (international agreement)

What do cramming and slamming have in common?

Both are types of telemarketing fraud

Which school of legal interpretation suggests choosing legal alternatives that maximize the ratio of benefits to costs?

Cost-benefit analysis

Courts have interpreted the Ninth Amendment, in conjunction with the __, __, __, and __ Amendments, as providing individuals with a right to privacy.

First, Third, Fourth, Fifth

In terms of standing to sue, a case is ripe if a judge's decision is capable of affecting the parties __

Immediately

Criminal proceedings generally begin when an individual __ a crime

Is arrested for

What is the purpose of the law against the statutory offense of "bribery of a public official"?

It maintains the integrity of the government

*True or False:* In 1991, there was a shift to determinate sentencing, under which federal sentences are determined largely by sentencing guidelines prescribing a specific range of possible penalties for each crime.

True

*True or False:* In a criminal proceeding, the government files the charges against a defendant

True

What are ethical guidelines?

Practical steps that serve as a dependable stimulus to ethical reasoning in a business context

A(n) __ error is a mistake so significant that it likely affected the outcome of the case

Prejudicial

The __ and __ can issue executive orders requiring officials in the executive branch to perform their functions in a particular manner

President, state governors

__ are often referred to as "rent-a-judge."

Private trials

What law imposes procedural requirements on all federal agencies, which they are required to follow in rulemaking, adjudication, and other functions?

The Administrative Procedure Act

*True or False:* For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection

True