exam 1

Law

A body of an forcible rules governing relationships among individuals in between individuals and their society

Stare decisis

A common-law doctrine under which judges are obligated to follow the precedents established in prior decisions

Precedent

A court decision that furnishes an example or or authority for the deciding subsequent cases involving identical or similar legal principles or facts

Administrative agency

A federal or state government agency established to perform a specific function

Discovery

A method by which the opposing parties obtain information from each other to prepare for trial

Mediation

A method of settling disputes outside the courts by using the services of a neutral third-party who acts as a communicator agent between the parties and assist them in negotiating a settlement

Motion for directed verdict

A motion for the judge to take the decision out of the hands of the jury into director verdict for the party making the motion on the ground that the other party has not produced sufficient evidence evidence to support her or his claims

Negotiation

A process in which parties attempt to settle their dispute it informally with or without attorneys to represent them

Rescission

A room anywhere by the contract is canceled and the parties are returned to the positions they occupied before the contract was made

Interrogatories

A series of written questions for which written answers are prepared five party to a lawsuit usually with the assistance of the parties attorney and then signed under oath

Small claims court

A special court in which parties can litigate small claims without an attorney

Utilitarianism

And approach to ethical reasoning in which an action is elevated in terms of its consequences for those him it will fit a good action is one that results in the greatest good for the greatest number of people

Exclusive jurisdiction

Jurisdiction that exist want to case can be heard only in a particular court or type of court

Concurrent jurisdiction

Jurisdiction that exist went to different courts have the power to hear case

Ethics

Moral principles and values a plot to social behavior

​Olaf, an executive with Pharma Product Distribution, Inc., has to decide whether to market a product that might have undesirable side effects for a small per-centage of users. How should Olaf de-cide whether to sell the prod-uct? How does the standard of ethics that is applied affect this answer?

Olaf should weigh the pros and cons of the product. If the product seems to be more helpful than hurtful then it should be marketed. The utilitarian perspective shows that if the consequences outweigh the benefits then it would be more beneficial for the product to not be marketed.

Defendant

One against whom a lawsuit is Brought or accused person in a criminal proceeding

In personam jurisdiction

Personal jurisdiction over any person or business that resides in the certain geographic area

Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations, so that the firm will know what its competitors may be able to learn about it. Can Grapple require the agencies to disclose whatever information they may have concerning it? If so, how should the firm make its request? What federal law applies? Is any information exempt?

The Freedom of Information Act requires the federal government to disclose certain records to any person on request. The request can be made via email, fax, or a letter. The (FOIA) exempts records concerning national security and information that is personal and confidential. Any agency that will not disclose the information will be challenged in a federal district court.

Jurisdiction

The authority of a court to hear and decide a specific date

Common-law

The body of law developed from customer or judicial decisions in English and US courts not attributable to a legislature

Civil law

The branch of law dealing with the definition and enforcement of all private or public rights as opposed to criminal matters

Cost benefit analysis

The decision-making technique that involves weighing the cost of a given action against the benefits of that action

Standing to sue

The legal requirement that an individual must have a sufficient steak in the controversy before he or she can bring a lawsuit

Plaintive

The one who initiates a lawsuit

Alternative dispute resolution ADR

The resolution of disputes in ways other than these involved in the traditional judicial process such as negotiation mediation and arbitration

Arbitration

The setting of a dispute by submitting it to disintegrated third-party who renders a decision

Deposition

The testimony of a party to a lawsuit or a witness taken under oath before a trial

​Lyle, vice-president of sales for Mi-T Electric, Inc., adheres to Judeo-Christian re-lig-ious ethical standards. With respect to their application, these standards are

absolute

Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. ​Refer to Fact Pattern 2-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

arbitration

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising. In this case, the Alabama court most likely

does not have jurisdiction

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

false

A summary judgment is granted only if there is no genuine question of law.

false

ADR proceedings are always strictly regulated by federal statutes.

false

Administrative law includes only state regulations.

false

Administrative law is a source of American law that is comprised of statutes.

false

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

false

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

false

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

false

Lawyers are not allowed to represent people in small claims courts in any of the states.

false

Rulemaking—the formulation of new administrative regulations—is a major function of Congress, not administrative agencies.

false

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

false

There is a precise definition of what makes an administrative rule arbitrary and capricious.

false

Unlike those who violate statutes, violators of agency rules are not punished.

false

​A company can broadly prohibit its employees from criticizing the company via social media.

false

​According to German philosopher Immanuel Kant, individuals should evaluate their actions in light of the consequences that would follow if they were the only members of society that acted in that way.

false

​Any relevant material, except information stored electronically, can be the object of a discovery request.

false

​By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution.

false

​Common law is the same as statutory law

false

​Negotiation is the most complex form of alternative dispute resolution.

false

​Small claims courts hear both civil and criminal cases.

false

​State laws are the supreme law of the United States.

false

​The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

false

​The legality of an action is always clear.

false

​The verdict in a summary jury trial is binding.

false

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of​

hazardous waste management

​A common ethical dilemma faced by the management of Spencer Hydraulics Corporation involves the effect that its decision will have on

one group as apposed to another

​According to the view that New Allied Manufacturing Corporation is a "citizen," New Allied is expected to

participate in bettering communities and society.

​Julia, the head executive of Fine Woolen Sweaters, Inc., is a committed Christian who strongly adheres to the Ten Commandments. One of Julia's employees is found to be stealing sweaters and giving them to a local homeless shelter. Julia is likely to

punish the employee for stealing even though the employee's motive was benevolent

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety, Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are​

relevant

​Leona enters into a contract with Munchie Bakery to cater a sales conference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves

rescission

​Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in

small claims court

Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is

specific performance

​The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.

the appellant

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of​

the facts and the law.

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jane fails to deliver the roses. Jill initiates a suit against Jane, asking the court to order Jane to deliver the roses. Jill is

the plaintiff

Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. ​Refer to Fact Pattern 2-1. If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to set-tle their dispute through mediation because

the process is not adversarial.

​Hailey, a lawyer on the staff of International Group, always considers the consequences of an action rather than the nature of the action itself when making ethical decisions in a business context. Hailey is applying

the utilitarian theory of ethics in business contexts.

A deposition is sworn testimony by a party to a lawsuit or any witness.

true

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

true

If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

true

Many different laws may apply to a single business transaction.

true

Stare decisis is a doctrine obligating judges to follow the precedents established within their jurisdictions.

true

The period for persons to comment on a proposed administrative rule must be at least thirty days.

true

U.S. district courts have original jurisdiction in federal matters.

true

​A business firm's profits may suffer if the firm is not a "good corporate citizen."

true

​A court may depart from a precedent if the precedent is no longer valid.

true

​According to utilitarianism, an action that affects the majority adversely is morally wrong.

true

​According to utilitarianism, it matters how many people suffer a negative effect from an act.

true

​Corporations can be good citizens by promoting goals that society deems worthwhile.

true

​Ethics can be highly subjective and subject change over time.

true

​Ethics is concerned with the fairness or justness of an action.

true

​Ethics is less certain than law.

true

​Focusing on a firm's short-term profits without considering the company's long-term needs may be acting unethically.

true

​In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.

true

​Interrogatories are written questions for which written answers are prepared and signed under oath.

true

​Laws and government regulations affect almost all business activities.

true

​Managers should apply the same ethical standards to themselves and to their employees.

true

​Many companies have provided guidelines about what is appropriate when making posts on social media accounts.

true

​Money or property, including land, remedies at law.

true

​The basis for the U.S. legal system is the natural law school.

true

​There is at least one federal district court in every state.

true

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a presidential veto of​

​Congress's modifications of the agency's authority.

​The best definition of a precedent is

​a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

​In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a con-tract for the sale of a car. Now a trial court in the same state is decid-ing Daphne v. Even Steven Auto Deals, Inc.,, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

​allow the minor to cancel the contract

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid​

​appearing uncooperative.

The Merit Systems Protection Board issues a rule. Like other administrative agencies' "legislative rules," this rule is as​

​binding as a law passed by Congress.

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not​

​ignore the Administrative Procedure Act to streamline proceedings

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion. ​Mikkala is a well-known professional athlete. Mikkala Co. owns trademarks, including "mikkala," that it uses to sell merchandise. Norm owns photos of Mikkala that he markets through his Web site, mikkalapics.com. Under the principles discussed in "A Sample Court Case," Experience Hendrix, L.L.C. v. Hendrixlicensing.com Ltd., Norm's domain name most likely

​infringes the "mikkala" mark.

Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. ​Refer to Fact Pattern 2-1. The least expensive method of resolving the dis-pute between Bean and Java may be

​negotiation because no third parties are needed.

​Civil law

​spells out the rights and duties that exist between persons and between persons and their governments.

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged

​the U.S. Constitution, not the state provision, will be enforced

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is​

​the exhaustion doctrine.

​The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agencies' regulations conflict

​the federal agency's regulations take precedence.

Freight Transport Company is subject to a decision by the National Labor Relations Board. Freight Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision​

​was plainly contrary to the evidence.

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason

​will be awarded the remedy sought.