Business Law Exam 1
natural law jurisprudence
universal moral principles, evident in nature/human reason, protects individual rights from other individuals.
A court's ability to exercise power over a corporation is known as..
Federal Question Jurisdiction
Moby, a resident of New Jersey, has an accident with Ogden, a resident of New York, while driving through that state. Ogden files a suit against Moby in New York. Regarding Moby, New York has what?
Personal Jurisdiction
Theoretically, Congress can regulate every commercial enterprise in the United States. True or False
True
Cordial Drinks, Inc., markets alcoholic beverages. A federal regulation bans the disclosure of the alcohol content of liquor on Cordial's labels and those of other marketers. A court would likely hold this regulation to be
an unconstitutional restriction of speech.
Tori files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute.
imposes a substantial burden on interstate commerce.
Arbitration
settling a dispute by agreeing to accept the decision of an impartial outsider -Neutral, third party decision -Acts like the judge and the jury -usually binding -General rule cannot be appealed Arbitration is when parties that are vs each other agree to let one or several other individuals to make a decision on the dispute after hearing evidence, and arguments
In a suit against Owen, Phil obtains specific performance. This is
an order to perform what was promised.
Law includes enforceable rules governing relationships between individuals and their society. True Or False?
True
Lori wants to resolve her dispute with Max, but she doesn't want to go to court. Lori might consider
-Arbitration -Mediation -Negotiation
The courts are the final interpreter of the law True Or False?
-True-
Categories of speech protection under the First Amendment.
1. Political speech gets the most protection of any speech in the U.S. 2. Commercial speech- This is in the middle. Doesn't get the same protection as political speech, but it gets decent protection. Its a fundamental right. But can be censored if there is a strong and compelling reason to do so. 3. Defamation/ fighting words. Hateful speech- that is defamation or not true- you can't claim criminal accusations without reasonable proof to do so. Ex: Virginia Frat sued rolling stone for defamation. Were being falsely accused of gang Rapes.
US Circuit Courts
12 of them; based on geographic area; 3 judge panels; appeals to the district courts --------------------They are the Court of Appeals, they sit below the supreme court, there are the 13 of them. They see if laws were applied correctly in the trial court, made up od 3 judges and no jury.
Preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Strict Scrutiny
A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice. 1. Compelling reason to do so- Life or Death 2. Least restrictive means- Can't outlaw everything, trying to do good. The highest standard of review, a court will use this to evaluate the constitutionality of governmental discrimination.
Exclusionary Rule
A law that prohibits the use of illegally obtained evidence in a criminal trial. Ex; Must have a warrant to search something, if something is found without a warrant then it can not be used in court due to this law.
Federalism
A mixed or compound mode of government, that brings together a general government and a regional government into a single political system.
Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S. Constitution, a law embodying it can be enacted by what?
A. any state legislature and congress B. any state legislature but not congress C. congress but not any state legislature D. None of the choices THE ANSWER IS D..
For purposes of diversity of citizenship, a lawsuit can be filed in federal court by a citizen of Ohio against another citizen of Ohio. True Or False?
False
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Substantive Due Process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.
Venue
Convenient Location for a trial
Diversity of Citizenship as a basis for a federal court jurisdiction.
Diversity jurisdiction in a civil procedure where the US District court has the power to hear a case that amounts over $75,000, where the persons in the parties are considered "Diverse".
Briefly explain equitable remedies.
Equitable remedies are a set of actions the court uses which serve to resolve the breach an dispute, they are typically granted when other things like giving parties money for a resolution are not enough for another party.
Mediation
In a dispute this is a way to meet half way in order to resolve the dispute. -effective about 80% of the time -Impartial, third-party facilitates negotiation
Mediation
In a dispute this is a way to meet half way in order to resolve the dispute. -effective about 80% of the time -Impartial, third-party facilities negotiation
To Pete, the written law of a particular society at a particular time is most significant. Pete's jurisprudence could be described as.
Legal Positivism
Dormant Commerce Clause
States can regulate business, this clause is a little tricky, its not really a "clause", A good way to remember is that uncle same is dormant. Cannot discriminate against out-of-state commerce generally okay, want to sell? register to sell in you're state. ex: PA Dep of agriculture.
Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of...
Symbolic Speech
Compare and contrast the establishment clause and the free exercise clause of the First Amendment.
The Free exercise clause protects religious beliefs, and to a certain extent religious practices of all citizens. while the establishment clause prohibits the government from endorsing, supporting, or becoming too involved in religion and religious activites.
Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to what court?
The Minnesota Supreme Court
What are The Origins of The Common Law?
The origin of common law originated in the middle ages in the kings court, It was one court near london.
A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional. True or False
True
A state law that places a significant burden on religion is unconstitutional. True or False
True
The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against...
Unreasonable searches only.
Ordinance
a law or legislation that is controlled by a local government. EX: A town banning smoking in all restaurants in that said town.
The Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Under this clause, "persons" include...
corporations and other "legal persons."
Equal Protection
the equal application of the law regardless of a person's race, religion, political beliefs, or other qualities.
If there is a direct conflict between a federal law and an Alaska state law...
the federal law takes precedence.
The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Jackson County Board and the Peach City Council enacts ordinances. Administrative law includes.
the rules, orders, and decisions of the Federal Trade Commission.