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