Business Law Chapter 1
The _______ Amendment guarantees that all criminal defendants would have the right to a speedy and public trial before an impartial jury.
6
The ________ Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.
8
The _______ Amendment states a fundamental rule of constitutional construction: the federal government may not infringe or take away any rights belonging to the people, regardless of whether those rights are specifically listed or enumerated in the Constitution.
9
Law
A body of rules of action or conduct prescribed by controlling authority and having legal binding force.
The Constitution enumerates a series of delegated powers to Congress, that are listed in ________.
Article 1 Section 8
_______ of the Constitution vests general "executive power" in the President.
Article 2
The first three articles of the Constitution establish three separate but coequal branches of the federal government: _______
Congress the president the federal courts
Examples of entities engaged in interstate commerce might include: ______.
FedEx carriers Amazon.com United Airlines
The _______ Amendment requires that the power of _______ be coupled with "just compensation" for those whose property is taken.
Fifth eminent domain
The Eighth Amendment limits the power of _______ when enacting criminal statutes, as well as the power _______ when they are exercising their sentencing powers in criminal cases
Judges Congress
_______ is a body of _______ of action prescribed by a controlling ______ and having binding legal _______.
Law, rules, authority, force
The most important secondary sources of law are: _______, and _______.
Restatements of Law Model State Statutes
_______ law is the foundation for all other law in the United States and is the _______ law of the land.
Supreme Constitutional
The _______ Amendment embodies the structural principle of _______, the idea that the United States contains two separate sources of political power: the states and the federal government.
Tenth federalism
The preamble lists the main goals of the Constitution: _______
a more perfect union general welfare justice
Even in the absence of federal regulation, the Commerce Clause restricts the _______ from discriminating against or unduly _______ interstate commerce.
burdening states
allows the government to create constitutionally permissive _______ and may treat each category differently, but at a minimum, persons within each category must be treated the same
categories Equal protection
The _______ Amendment in the U.S. Constitution creates a central (federal) government, but it also recognizes the preexisting political sovereignty of a finite number of _______.
coequal states Tenth
Historically, recorded law was initially a(n) ________ made by a powerful tribal chieftain to perpetuate his domination
collection of rules
The Sixth Amendment gives the criminal defendant the right to: _______.
cross-examine witnesses be represented by a lawyer be informed of the actual charges
and equal protection are the most basic rights established in our Constitution; indeed, the right to _______ can be traced all the way back to the Magna Carta of 1215.
due process
Not only does the text of the Constitution give Congress the enumerated power to regulate commerce, but the U.S. Supreme Court has interpreted this power: _______.
in very broad terms
Legal terms are sometimes referred to as ______ or _______.
legalese or jargon
Under the doctrine of federalism, the ______ power (to protect the health safety and welfare of the public) resides with the states. Multiple choice question. judicial
police
The _______ Amendment protects individuals from being compelled to be witnesses against themselves in criminal cases, otherwise called the right _________.
Fifth to remain silent
Both the _______ and the _______ Amendments to the Constitution declare that no person shall be deprived "of life, liberty, or property, without due process of law."
Fourteenth Fifth
The Bill of Rights consists of amendments designed to address a wide variety of objections raised by the Blank______, who initially opposed ratification of the Constitution.
anti-federalist
Business owners who rely exclusively on ________ to drive the legal decision-making process may create significant risks for the business
attorneys
Studies and research indicate that when _______ and their _______ work cooperatively, the results contribute to better strategic business decisions that add value to the business.
attorneys and managers
The Supreme Court has ruled that the Second Amendment's right to _______ belongs to _______ while also ruling that the right is not unlimited and does not prohibit all regulation of firearms or similar devices
bear arms individuals
The _______ refers to the first ten amendments to the United States Constitution and is just as important as the original Constitution.
bill of rights
If a party to a contract breaks her promise to the other party she might be liable for ________ contract.
breach of
________ law is essentially court-made law that has not specifically been passed by the legislature.
common
As the Chief Executive of the United States, the President has the power to: _______.
conduct foreign affairs appoint federal judges enforce the laws made by Congress
Over the course of three millennia, the purpose of law evolved to ensure _______ and _______.
consistency and fairness
Today, whenever a private litigant brings a lawsuit for money damages (beyond nominal damages) in federal court, he or she has a(n) _______ right to a jury trial.
constitutional
______ law is the foundation for all other law in the United States and is the _______ law of the land
constitutional and supreme
Attorneys, particularly in a business context, may also be referred to as
counsel and general counsel
Statutory law is created by a legislative body and approved or disapproved by the _______ branch of government.
executive
_______ divides power along a vertical dimension between the federal government and the states.
federalism
Besides English, much of the language of American law is a combination of ______ and ______ roots
french and latin
If counsel is a part of the executive management team the counsel is referred to as _______. (Choose two correct answers.)
in-house counsel general counsel
The Affordable Care Act in 2010 ("Obamacare") contained a controversial provision known as the "_______," which required all persons to purchase health insurance or pay a penalty to the IRS
individual mandate
This Seventh amendment affirms the fundamental distinction between judges and juries in federal courts: ______ decide questions of law, ______ decide questions of fact.
judges,juries
The American legal system is primarily structured around a set of federal and state courts that are collectively known as the
judicionary
Article III establishes the ________ of the federal courts.
jursisdiction
The term ____ has been defined in a variety of ways throughout history
law
Under the Fourth Amendment, _______ and _______ (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a _______ officer who has sworn by it
law enforcement search seizure
In addition, both the right to due process and the right to equal protection apply not just to individuals but also to "_______," such as corporations, LLCs, and other business entities.
legal persons
The English jurist _______ described the right to bear arms as an auxiliary right, one supporting the primary _______ of self-defense and resistance to oppression and the civic duty to act in defense of one's country.
natural rights Sir William Blackstone
Article III of the Constitution vests judicial power in _______ and in inferior federal courts established by Congress
one supreme court
Article III of the Constitution vests judicial power in _______ and in inferior federal courts established by Congress.
one supreme court
The Commerce Clause not only has a "_______" aspect that grants broad powers to Congress to regulate interstate commerce; it also has a "negative" or _______ side, imposing limits on the general police powers of the states.
positive dormant
is the application of law from previous cases to current cases with substantially similar circumstances.
precedent
Uncertainty can open up various legal strategies: (1) _______(2) _______, (3) _______,and (4) value creation or legal competitive advantage. (Chose three best answers)
prevention avoidance noncompliance
Administrative law would be an example of a _______ source of law.
primary
The protections in the Bill of Rights apply against the _______ not against _______.
private business firms government
The _______ test essentially applies to almost every economic regulation and tax-related law.
rational basis
In National Federation of Independent Business v. Sebelius, the U.S. Supreme Court held that the individual mandate exceeded Congress's power to
regulate commerce
One of the most significant sources of Congress's powers is its enumerated power to
regulate commerce
Among the enumerated powers delegated to Congress are the powers to: _______
regulate commerce bankruptcy coin money
The First Amendment is perhaps the most famous provision in the entire Constitution, that protects individual liberty in three overlapping domains:_______, _______, and _______.
religion speech association
The principle of _______ refers to the creation of power centers within a single level of government.
separation of powers
The doctrine of _______ states that similar cases with similar facts and issues should have the same judicial outcome
stare decisis
The principle of _______ requires all lower courts, such as trial courts, to follow the case precedent, meaning that any similar case from that point in time onward would be decided according to the _______.
stare decisis precedent
In the United States, examples of primary sources of law would include: _______
statutory law common law constitutional law
Constitutional law: (1) established _______ for state and federal governments; (2) granted _______ powers for different branches of the government; and (3) provided _______ protections for U.S. citizens from wrongful government actions.
structure procedural specific
The remedy for breach of contract may depend on the classification of contracts as _______ law with ________ rights in dispute
substantive civil
At the federal level, when Congress drafts a statute that has not yet been signed by _______, it is known as a bill.
the president
Although the _____ Amendment is rarely mentioned or studied today, it is one of three separate amendments in the Bill of Rights protecting private property rights.
third
The _______ Amendment is one of three separate amendments in the Bill of Rights protecting private property rights, in this case housing soldiers without the _______
third consent of person
Generally, a(n) _______ refers to a plan of action and are helpful when one is operating under conditions of _______.
uncertainty strategy
The purpose behind a secondary sources of law is to increase the level of _______ and _______ across courts in all 50 states.
uniformity fairness
Congress can use its commerce power strategically to regulate almost any aspect of business, including the following: _______.
waterways persons moving among the states interstate shippers