Quiz 1

Government Regulations

Are used to eliminate abuse in business.

The Water Pollution and Control Act

Sets limits on discharges , including pollutants into sewer systems.

Appeals made to higher courts

The decision of the appellate court is binding on lower courts

In a situation where an injured party in an accident is partly to blame for the accident

The injured party cannot recover any damages because it is partially negligent in the case.

Racketeer Influenced and Corrupt Organizations Act

It prevents the infiltration of legitimate businesses by organized crime.

Trial Courts

They handle cases that are first instituted in them

Federal Courts

They have jurisdiction limited by Congress

Federal District Courts

They hear all criminal cases that involve a violation of federal law

A difference between rules and laws

Laws are enacted by the government while rules are not.

In the federal courts, the executive officer is called a _____.

Marshal

_____ laws are those that state how parties are to go forward with filing civil actions and how these actions are to be tried.

Procedural

The power of a regulatory agency to fix the prices that a business can charge is known as _____.

Rate-making power

Tort of interference of contract

Refers to two parties involved in a business relationship who bring in another party to become a part of the existing business.

The Federal Trade Commission and the Environmental Protection Agency are examples of _____ agencies.

Regulatory

Activities that are illegal regardless of their effect are known as _____.

per se violations

The purpose of antitrust laws is to:

promote competition among businesses.

The Resource Conservation and Recovery Act was enacted for:

regulating the generation, storage, transportation, treatment, and disposal of hazardous waste.

Statutes

They are less general than constitutions

Administrative Agencies

-Administrative agencies have the power to implement laws. -They can become specialist in a particular area of regulation.

The doctrine of stare decisis states that:

A decision taken by a court determines the fate of similar cases in other courts in the future.

The tort of injurious falsehood occurs when:

A person makes false statements of fact that degrade the quality of another's goods or services.

Common Law

Cases of common law are decided on the basis of procedents

Regulatory agencies can use the licensing power to:

Allow a business to enter the field being regulated

The _____ consist of ten amendments to the U.S. Constitution specifically designed to protect the civil rights and liberties of citizens and the states.

Bill of Rights

Civil Law

Civil law deals with the enforcement or protection of private rights

The individual against whom the case is filed is called the _____.

Defendant

Uniform Commercial Code (UCC)

Individual states have made changes to the UCC

A permanent order that is issued by a court with equity powers forbidding activities that would be detrimental to others is known as:

Injuction

United States Supreme Court

It has appellate jurisdiction in cases based on the U.S. Constitution

Jury trial procedure

The jury selected before an opening statement is made by the attorney.

Debarment refers to:

The prohibition on doing business with the government.

To recover for a tort based on negligence, the plaintiff must show:

the breach of the tortfeasor's duty to the injured party.