Business Law: Exam 1
Note for me at least three differences between the civil justice system and the criminal justice system.
"In a civil case, the plaintiff usually must meet the preponderance of the evidence standard." "In a civil trial by jury, in contrast, typically only three-fourths of the jurors need to agree." The "victim" brings the case "In a criminal case, in contrast, the state must prove its case beyond a reasonable doubt." "In contrast, criminal sanctions are designed to punish those who commit crimes and to deter others from committing similar acts in the future." The state brings the case.
List 5 significant challenges or risks faced by businesses who want to go international, and then list 4 strategies they employ to minimize their risks.
) Different Legal Systems 2) Cultural Differences 3) Language 4) Tax Systems 5) Corruption 6) Political systems 7) Currency 8)Expropriation; 1) Direct Export 2) License 3) Franchising 4) Joint Venture 5) Investment companies 6) Direct Investment
Name and describe various (at least 3) clauses that contracts between parties of different nations may choose to include in their agreement
1) "A choice-of-law clause designates the applicable law." 2) "Forum-selection clause indicates what court, jurisdiction, or tribunal will decide any disputes arising under the contract. Both are useful additions to international contracts." 3) Arbitration Clause—pretty self explanatory— but just to be able settle outside court, where they most likely have some bias whether illegal or not.
What must an independent agency do to create any new rules?
1) Notice of the proposed rule-making. 2)A comment period. 3)The final rule.
A common law system differs from a civil law system in which of the following ways?
A common law system relies primarily on case law.
What is the exhaustion doctrine?
A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency.
What would a nation use to set limits on the number of goods being imported?
A quota
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause?
A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
An agreement or contract between two or more countries that must be authorized and ratified by the governments of each country is what type of international law?
A treaty
What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake?
Abuse of Discretion
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?
An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called
Arbitration
Can corporations be held liable for crimes they commit? How about in the past? Why or why not?
At one time, it was thought that a corporation could not incur criminal liability because, although a corporation is a legal person, it can act only through its agents (corporate directors, officers, and employees). Therefore, the corporate entity itself could not "intend" to commit a crime. Corporations now can be criminally liable for failing to perform specific duties imposed by law (such as duties under environmental laws or securities laws)
In contrast to federal courts, state courts have what kind of jurisdiction?
Broad
Jayne is opening her own bakery. As she develops her company policies, she is concerned about the morality of her actions and how those actions will affect her employees, her stakeholders, and herself. Jayne studying the rightness or wrongness of her actions as they apply to her business constitutes the study of
Business Ethics
The Commerce Clause
Clause in the Constitution that gives Congress the US to regulate commerce.
In the United States, who creates federal statutory law?
Congress
Separation of powers
Constitution divided the powers into 3 branches: Legislative, Executive and Judicial Branch
What is true of corporate political speech?
Corporate political speech is protected by the First Amendment. Political donations are protected by the First Amendment as types of corporate political speech.
Personal jurisdiction
Courts power to make legal decisions over people
Tell me what the principle of stare decisis means.
Courts will follow previous rulings until something big happens
Define discovery (in litigation) and name 3 kinds of discovery.
Discovery while taking legal action. written discovery, document production and depositions
Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company?
Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees.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.
Tell me 5 purposes of business laws.
Equality, safe products, level playing field, worker safety and regulation
Which of the following are methods of preventing unethical behavior?
Establishment of Code of Ethics and terminating an employee for unethical behavior
Name an example of three independent agencies, and what they oversee or regulate. Be careful here, because the FBI and IRS are not regulatory agencies, nor is the CIA. They are departments of the federal government. Look for agencies that regulate businesses.
Federal Trade Commission, Securities and Exchange Commission, Federal Reserve System Board of Governors.
What is the system of government called in which states form a union and share sovereign power with the central government of the union?
Federalism
Original jurisdiction
First time a court is hearing a case
The legislation that requires an administrative agency to respond to requests from citizens for agency records is called the
Freedom of Information Act (FOIA).
What protections do companies have against the actions of agencies? What specific things can companies do to challenge actions of independent agencies?
Freedom of Information Act, Government in the Sunshine Act, Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act. If an agency implement a new regulation and doesn't let businesses know then they can be protected under Small Business Regulatory Enforcement Fairness Act.
List for me and briefly describe the elements of a typical negligence claim.
Fulfill Duty of Care; The nature of the act (whether it is outrageous or commonplace). The manner in which the act was performed (cautiously versus heedlessly).The nature of the injury (whether it is serious or slight)
Gordon Enterprises is a United States company that operates in Brazil. The Brazilian government confiscates Gordon Enterprises' assets. If Gordon Enterprises files a lawsuit in a United States federal court to recover its assets from the Brazilian government
Gordon Enterprises is unlikely to be successful unless the confiscation was in violation of a treaty that prohibits confiscation.
Long arm statute and the minimum contacts test
Granting Jurisdiction over a non-resident. Minimum contact is how much the non-resident interacts with the court that they are in.
What does Chevron deference mean?
If an agency makes a ruling, then the courts will defer to the agency if it's reasonable.
What are the primary ways that an agency can enforce its rules?
Inspections and Tests, Subpoenas and Search warrants to enforce the laws they are in charge of regulation.
Describe for me the 4 general categories of torts, the first being "intentional" torts, and the difference between "intentional" torts and negligence.
Intentional torts (intentional violations of persons' or property) , unintentional torts (Torts involving negligence), intentional torts against property (Intentional violations against someone's property) and Negligence ("occurs when someone suffers injury because of another's failure to fulfill a required duty of care" (Book)). One Intentional torts is done with intent of harming someone while Negligence is accidental.
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?
Intermediate Scrutiny
Which of the following is an example of federal agency regulations that impact business operations?
Internal Revenue Service rules for business tax audits
A restriction on commercial speech will be valid if it meets three criteria. What are they?
It must directly advance a government interest. It must seek to implement a substantial government interest. It must not be overly restrictive to meet its objectives.
List the requirements for filing a lawsuit in a federal court
Jurisdiction Legal Theory Remedy Service of Process Summons
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
The Establishment Clause
Keeps the government from establishing a state sponsored religion or making laws that favor a specific religion.
Which branch of government has the authority to enact law?
Legislative
Which of the following statements explains the formation and purpose of a federal administrative agency?
Most federal administrative agencies are subject to the authority of the president, but some are independent. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law.
Name 4 types of ways to resolve a business dispute, and tell me at least one advantage and one disadvantage of each.
Negotiation Mediation Arbitration Summary Jury Trial
You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights?
No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?
No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
For some time, the police have suspected Abbie of selling drugs out of her apartment, but the police have not been able to gather any concrete evidence with which to prosecute Abbie. One night, the police decide to try a knock-and-talk procedure, where the police just knock on Abbie's door and see if Abbie will allow them inside. Abbie refuses to give consent for the officers to enter after they knock, but the police officers push past Abbie anyway. Once the officers are in the apartment, the officers see drugs in plain sight, so the police seize the drugs and arrest Abbie for possession with intent to sell. At Abbie's trial, can the drugs be entered into evidence?
No, the drugs cannot be admitted into evidence at trial because they were illegally obtained.
What type of speech does not receive First Amendment protections?
Obscenity, threats to the president of the United States, and speech that incites lawlessness
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?
Pleading
How a hearing or court case is conducted is governed by
Procedural law
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
Rational Basis review
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action?
Rational basis review, intermediate scrutiny and strict scrutiny
What are the primary activities of an independent agency?
Regulating and enforcing certain laws, president's power is less pronounced. Rule making, Enforcement and Adjudication.
Stare decisis or Precedence
Ruling on a case based on a previous ruling
Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply?
State Law
The Dormant Commerce clause
States can't regulate commerce when the government is already on it.
The Free Exercise Clause
States cannot prohibit free exercise of religion
The Supremacy Clause
States that the Constitution, laws and treaties of the United States are the supreme law of the land.
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a
Summary of Judgement
The Constitution
Supreme Law of the USA
How are tariffs used to control imports?
Tariffs increase the cost of a product by taxing the importation.
The Administrative Procedure Act (APA) is the federal law that does which of the following?
The APA sets out the rule-making process for administrative agencies.
tell me two ways that we see checks in balances in place today, or a way that you wish we saw it in action. There are several living examples right now.
The Judicial Branch overturning DT's decision to shut down DACA. In some way the judicial branch should've been some kind of looking over after the overturning of Roe v. Wade.
Judicial review
The Judicial branch interpreting the laws making sure the other 2 branches are not breaking the law.
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
The Supremacy Clause
The Bill of Rights
The first 10 amendments to the Constitution
Due Process
The government can't take property from individuals without due process.
For an international arbitration to take place under the New York Convention, which of the following must be true?
The parties must have a written agreement for arbitration. The agreement to arbitration clause arises out of a commercial legal relationship.
What does it mean that an agency can adjudicate the violations it finds?
They settle disputes through hearings conducted by the agency or file a formal complaint
Name 3 sources of international law.
Treaties, Business Customs and International Organizations.
Tell me 6 sources of business laws.
Treaties, Statutes, Case Law, US Constitution, Executive Orders and Administrative Agency Laws
Juan owns a manufacturing company that wants to expand its line of plastics. To expand and still make a profit, pollution into the local river will be significantly increased. In evaluating his decision, Juan tries to determine whether expanding the company's line of plastics would produce the greatest amount of good for the greatest number of people. In doing so, Juan is following the ethical principle known as
Utilitarianism
Pick either Fraudulent Misrepresentation or Wrongful Interference, and tell me the elements of that claim
Wrongful Interference; Wrongful Interference constitutes wrongful interference with a contractual relationship or Wrongful interference with a business relationship. Basically getting someone to breach a contract or messing with a business relationship with or without knowing it
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?
Yes, it is a violation of procedural due process.
Standing
a person standing in court to advocate for themselves
What is the term given to an administrative decision that is unreasonable or implausible in light of the facts and evidence?
arbitrary and capricious
Tell me defenses a manufacturer would have to a product liability claim.
argue that the plaintiff's injury is unrelated to the product
The role of a mediator is to
assist parties in a dispute in resolving their differences out of court.
When a U.S. employer does business abroad, whose laws govern the business?
both U.S. law and the foreign nation's law
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has
both subject matter and in personam jurisdiction in the case.
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers?
conduct a hearing to obtain a final order, investigate complaints and possible violations of its regulations or the law and issue a subpoena
Tell me at least 3 defenses to a typical negligence action.
contributory negligence, comparative negligence, and assumption of risk
Substantive law governs a person's: rights and responsibilities State statutory law is created by
elected members of the state legislature.
Which of the following activities is an example of corporate social responsibility?
establishment of a foundation that funds high school educational initiatives
Which of the following are sources of administrative law?
executive orders, agency opinions and agency regulations.
Classics by Cathy is a United States company that sells upscale clothing worldwide. Classics sells clothes to Britain's Best Clothing in England. After a dispute arises between the two companies, Britain's Best sues Classics in England. Classics does not respond to the lawsuit, and a default judgment is entered against Classics. When Britain's Best brings the default judgment to the United States for collection, the United States court will
honor the default judgment under the principle of comity because this judgment is consistent with the law of the United States.
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran
in federal district court because the suit involves a copyright issue.
Note the elements of the tort of defamation, and the defenses to defamation. Just to help you know "elements".
involves wrongfully hurting a person's good reputation. The law has imposed a general duty on all persons to refrain from making false, defamatory statements of fact about others
The judicial branch may limit an administrative agency's actions by which of the following?
judicial review of the agency's regulations and judicial review of the agency's orders on appeal
Alexander, the CEO of Westwind Baby Furnishings, received a report from one of his quality inspectors about a possible defect in the Baby Sleeptime Crib Westwind had just started to market. The report said the bed was not safe for older babies, because there was a chance it would collapse if the baby climbed up onto the railing. Westwind had manufactured 20,000 Baby Sleeptime Cribs and would lose a great deal of money if it could not market the cribs. Alexander decided to proceed with the sale of the cribs anyway, to maximize company short-run profits. Possible consequences Westwind could face for such unethical conduct include
lawsuits, large settlements, and bad publicity.
Kevin is preparing his wife's favorite stir-fry dish for dinner. As Kevin is chopping the vegetables for the stir-fry, his hand slips and he cuts his hand on the sharp knife. Kevin's wife rushes him to the emergency room. Kevin receives twenty stitches because the cut is so deep. Kevin wants to sue the knife manufacturer for damages. Kevin claims that the knife was defective because it was unreasonably dangerous. If Kevin files a strict liability lawsuit against the knife manufacturer, he wil
lose, because a sharp knife is not unreasonably dangerous.
Ethics is the consideration of how one should act, based on which of the following concepts?
morality, or principles of right and wrong
Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably
not be successful if Liam's comments on Neely's written evaluation were made in good faith.
Legal researchers will use which of the following tools to locate a court decision?
online legal research engines such as Lexis, Westlaw, or Bloomberg and bound volumes of reported court decisions, organized by jurisdiction, date, and courts
What are the three steps of a civil trial?
opening arguments, presentation of testimony and evidence, closing arguments
A legal citation for a court decision is used by legal professionals to research the law, and includes
party names, location of the published case, court, and date of decision.
Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to
put Jerome in the position he would have been in had the tort not occurred.
International organizations, such as the United Nations, provide regulatory guidance to their member nations through
the adoption of standards. the establishment of uniform rules.
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?
the harm to customers from using the company's product over profits, the impact of its decisions on employees over the profitability of the business
In ethics, compliance with the law is considered
the moral minimum.
An antidumping duty is used by the United States for what purpose?
to discourage importers from underselling U.S. businesses
A company exhibits responsible corporate citizenship when it
uses its wealth and influence to benefit society as a whole.
What are white collar crimes, and what is RICO?
"Ordinarily, white collar crime involves an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage. (Book)" Racketeer Influenced and Corrupt Organizations Act (RICO)
Tell me where in the Constitution you find the right to privacy
"The US Constitution does not explicitly mention a general right to privacy"
Name 4 Amendments that can protect businesses charged with crimes, and then note 2 protections in each of them (4 of them for the 6th Amendment)
"These protections are set forth in the Fourth, Fifth, Sixth, and Eighth Amendments (Book)." 5th: Due process, double jeopardy and self incrimination. 4th: "Before searching or seizing private property, law enforcement officers must obtain a search warrant —an order from a judge or other public official authorizing the search or seizure (Book)."
Equal Protection
"requires state governments to treat situated individuals in a similar manner."
Subject Matter jurisdiction
A courts power over a specific subject matter, like a court for divorce
Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint
A default judgment may be entered against her
Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is
Arbitration
Tell me one type of intentional tort (except defamation), and the primary elements of a that claim (things that must be proven) and defenses to it.
Battery is an intentional tort "defined as an unexcused and harmful or offensive physical contact intentionally performed (Book)." The battery contact in the case can be determined by the reasonable personal standard to determine whether contact by the defendant set the events in motion. The most common defense would probably be self defense in the case of physical harm or that they were unaware of the situation in cases like kissing someone without consent claiming that it was consensual.
What is a type of agreement that allows a foreign firm to market and sell a U.S. company's products in a foreign country?
Distribution Agreement
Bart works as an accountant for Good Times Restaurant. He is responsible for not only keeping the books current but also for making daily bank deposits for Good Times. Bart has been struggling financially, so he decides to put some of the daily bank deposits for Good Times into his personal account, instead of the bank account of Good Times. Every day, for one month, he takes ten percent of the cash receipts from Good Times and deposits them into his personal checking account. When the manager of Good Times discovers what Bart is doing, she contacts the police, and Bart is arrested. Bart can be found guilty of
Embezzlement
What does venue refer to?
Geographic Location of the Court
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may
Invalidate the law
Tell me what negligence per se is and which element of a negligence claim it helps prove, and what res ipsa loquitor is. "doctrines that assist in proving breach of duty in certain negligence cases."
Negligence per se "is when a person violates a particular provision of a statute, that action is presumed to be negligent." "Res Ispa Loquitor is the principle that the occurrence of an accident implies negligence."
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?
No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
You have a driver's license, but you are not a careful driver. Indeed, you have been cited for numerous traffic violations including speeding and driving while using a cell phone. The governmental agency in your state that oversees drivers' licenses is the Department of Motor Vehicles (DMV). The DMV has a regulation authorizing the suspension of a license when a motorist has accumulated three or more traffic violations. Because of your driving record, the DMV has suspended your license. You are very unhappy about this because you need to drive to get to school and work. The DMV has an internal appeals process that allows drivers with suspended licenses to ask the DMV to reinstate their driving privileges. Because you need to drive, you want to appeal your case directly to a court and not bother with the DMV appeal procedure. Can you skip the appeal process provided by the DMV and go directly to court?
No, the appeal process provided by the agency, the DMV, must first be pursued.
Samantha has been the top salesperson at her company for the last six months in a row. Samantha has been using high-pressure techniques to meet the unrealistically high sales quotas in her division, including marking up the price so she can offer a good discount to the customers, lying about the quality of the product, and telling customers that the items are one-of-a-kind when they are not. Her manager, Samuel, is aware of the tactics Samantha is using but does not say anything because Samantha makes their division look great. Here, the parties guilty of unethical behavior include
Samuel and Samantha
Briefly describe the Act of State Doctrine, The Comity Doctrine, or the Doctrine of Foreign Sovereign Immunity with at least a sentence on two of them.
The Act of State Doctrine: Basically if another country makes a ruling on a citizen here, the courts won't make judgement on the case and will comply with the sovereign nation. Doctrine of Foreign Sovereign Immunity: Sovereign Nations are out of the US's jurisdiction in most situations except for giant situations. The Comity Doctrine: Basically deferring to sovereign nations laws when they align with their own.
Who creates an independent agency, and how do they do it? What is its purpose?
The Legislative Branch sets up and funds the agency, then the Executive Branch appoints the heads. Creating rules and regulations to administer laws
Describe at least 5 steps in the civil procedure process when a claim is made by one person against another.
The Pleadings Pretrial Motions Discovery Jury Selection At the Trial
Tell me the elements of a strict product liability claim
The product must be in a defective condition when the defendant sold it. The product must be unreasonably dangerous to the user or consumer because of its defective condition. The plaintiff must incur physical harm to self or property by use or consumption of the product. The defective condition must be the actual and legal cause of the injury or damage
Tell me why we have tort laws, and the kinds of damages you can recover in a tort action.
The purposes of Tort Law is to provide "remedies for acts that cause physical or emotional injury or interfere with physical or emotional security and freedom (Book)."You can receive Damages in the form of monetary compensation. Special Damages, General Damages and Punitive Damages
How can an independent agency hurt or hinder the goals of a President? For example, how quickly can Pres. Biden change rules that were made by Trump backed agencies?
They aren't subjected to direct control from the President and can't remove independent agency heads' without good cause. Which in the case of Biden, he can't remove who Trump put in charge without a justifiable cause.
What purpose does the United States Courts of Appeals serve?
They investigate whether or not the law involved in the case has been fairly treated without investigating further but looking at the facts already presented.
Why is an independent agency created?
To administer certain laws
Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?
Utilitarianism
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?
Voir Dire
International laws primarily differ from U.S. laws in which of the following respects?
how the law is created, who can interpret the law and who is bound by the law
Strict Scrutiny
levels of tests conducted "to determine whether the law or action violates the equal protection clause."
Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably
not be successful, because Rihana did not assume the risk of the water ride collapsing.
Falcon Air manufactures stealth fighter jets for the United States government. The Ukrainian government wants to purchase stealth fighter jets from Falcon. Falcon agrees to sell ten stealth fighter jets to the Ukrainian government. Once the purchase is complete, the Ukrainian government fails to make the complete payment. Falcon can sue the Ukrainian government
only if the Ukrainian government voluntarily waived its sovereign immunity.
As an independent regulatory administrative agency, the DOL exercises powers associated with the three branches of government: the legislative branch through
rulemaking ; the executive branch through enforcement ; and the judicial branch through adjudication . When asked to review agency decisions, courts historically granted deference to the agency's judgment. Following Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., deference to administrative agency by a court does extend to an agency's interpretation of its own legal authority. The standard involves the following two questions: First, did Congress directly address the issue in dispute in the statute? If so, the statutory language prevails
The federal and most state judicial branches have at least these three levels in the court system
trial court, intermediate appellate court, and highest appellate court.
What does the reasonable person standard impose on a person in a negligence lawsuit? Alfonso plays basketball for Hope County High School. His team makes it to the state tournament, where they play their archrival, Duvall County High. After an intense game where tempers run high, the Hope County team wins. While walking home from the basketball game, Alfonso is confronted by George, a member of the Duvall County team. George pushes Alfonso, causing him to fall to the ground. Enraged, Alfonso pulls a gun from his gym bag and shoots George in the chest, killing him instantly. Alfonso is arrested and charged with murder. Alfonso claims he shot George in self-defense. At trial, Alfonso's claim of self-defense is likely to be
unsuccessful, because Alfonso used excessive force.
What do legal professionals use to analyze court decisions that are relevant to their clients' cases?
Case Briefing
Susan imports pottery from Spain. Under federal law, the pottery that Susan imports from Spain is taxed three times as much as pottery that Susan obtains from suppliers in the United States. The federal law that taxes Susan's imports more than products made in the United States
violates the General Agreement on Tariffs and Trade (GATT), and the World Trade Organization (WTO) will require the United States to change its law.
Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States' waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed's unlawful actions, can Bristol be held criminally liable?
Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions.
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
The federal statute preempts the state statute under the Supremacy Clause.
Donnell Enterprises is a U.S. Company operating in France. France decides to build a national highway that will run right through the real estate where Donnell Enterprises is located. Can France legally take the property from Donnell Enterprises?
Yes, France can legally take the property from Donnell Enterprises if France pays Donnell Enterprises just compensation.
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?
Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia's luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of
nothing, because she did not have the mental state required to commit a crime.
Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is
what a reasonable person would have done under the circumstances.