Business law exam 1
The International Court of Justice (ICJ)
-settles international legal disputes and gives advisory opinions to the United Nations and its agencies. -rarely decides legal matters bc an individual or business may not bring a case before the court. Only a state (country) may initiate a case on behalf of the individual.
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
International Chamber of Commerce
charged with facilitating international business
The United Nations Security Council
charged with maintaining international peace and security
The World Intellectual Property Organization
charged with protecting intellectual property internationally
Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm?
common law
what form of law is followed in the united states?
common law
Post-trial Motions
could include motions for a new trial, or motion for judgment non obstante veredicto (notwithstanding the verdict). The non-prevailing (losing) party may also file a notice of appeal.
Under the Foreign Sovereign Immunity Act (FSIA), if a foreign national is entitled to sovereign immunity for an act committed on U.S. soil, the foreign national:
is not subject to the jurisdiction of U.S. courts.
The president of the United States issues a quota on the amount of steel that can be imported from England. England thinks the quota is unfair and that the quota has been imposed as a punishment for recent political activity in England that reflects badly on the United States. The proper body to resolve this dispute between the United States and England is:
the World Trade Organization.
What is the name of the doctrine under which a nation's courts accept the validity of the actions of a foreign nation that are committed by the foreign nation in its own territory?
the act of state doctrine
During cross-examination:
the attorney tries to create doubt in the jury's mind about the truthfulness, reliability, and credibility of the witness. Attorneys are not free to ask any question they want. Rather, attorneys must strictly follow the rules of evidence.
This principle does not mean
that no changes in the law can occur
If a treaty covers the issue in a case before the court:
the court has a ready-made source from which to draw its opinion.
Stare decisis is the foundational principle of common law and translates to
"let the decision stand."
Which of the following is true about the International Court of Justice?
- It is also known as The World Court. -Only a country may initiate a case on behalf of individuals in this court. - The jurisdiction of the court is limited to hearing cases from countries which agree to be bound by its decision.
Criminal Law
- body of federal and state structures that prohibits wrongful conduct -punish offenders with imprisonment or fires action brought by gov - criminal case involves a gov decision to prosecute someone
Which of the following statements explains the formation and purpose of a federal administrative agency?
-An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. -Most federal administrative agencies are subject to the authority of the president, but some are independent.
Federal courts have exclusive subject matter jurisdiction over which of the following?
-Bankruptcies -Patent/trademark/copyright cases
Presentation of the Plaintiff's Case
-Because the plaintiff usually has the burden of proof, the plaintiff is permitted to present his/her case first. -The plaintiff may try to prove his/her case through the submission of physical evidence to the court, testimony from witnesses, and/or testimony from experts.
Civil Law
-a body of federal and state laws that govern disputes between persons * can lose property money or assets *civil action brought by a person-plaintiff *remedies: seek damages or equitable relief *in America plaintiff needs to prove your rights have been violated by defendant
A court has personal jurisdiction over a party in which of the following circumstances?
-When a party brings a case in its court -When the party's property at issue in the case exists within the geographic boundaries of the authority of the court
Which of the following are the THREE places a court may look to as a source of international law?
-International treaties -International organizations -International customs
The U.S. Constitution does which of the following?
-It provides for the fundamental rights of citizens. -It divides ruling authority between a state and the federal system. -It creates three branches of government.
Voir dire
-Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. -means "to speak the truth."
stare decisis
-Let the decision stand; decisions are based on precedents from previous cases. -This principle has allowed the common law to maintain a core of predictability because judges generally apply the same rule (resulting in the same outcome) as similar cases that have come before the court earlier.
Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial?
-Negotiation -Mediation
Which of the following statements are applicable to the doctrine of stare decisis?
-Stare decisis is a principle that arose out of the common law. -A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.
For an international arbitration to take place under the International Court of Arbitration, 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.
exclusive jurisdiction
-a particular kind of case must be heard exclusively in either federal court or state court -parties must bring their case in the appropriate court or the case will be immediately dismissed.
Presentation of the Defendant's Case
-also calling on witnesses and/or experts and presenting their own evidence -The defense is also obligated to follow the rules of evidence, which limit who may testify and what may be presented in the case -Sometimes, a defendant will testify on their own behalf, but in many cases the defendant elects to not testify because the U.S. Constitution allows a defendant to not testify -When the defense is finished presenting his/her case, the defense rests (completes their case)
Closing Statements
-attorneys summarize for the jury and the court what they have proven -The plaintiff will go first, then the defendant, and then the plaintiff again, so that the plaintiff has the last word on the matter.
What are two types of challenges an attorney can make during voir dire?
-challenge for cause -Peremptory challenges
Private Law
-created by individuals to control their relationships -common areas of private law *contracts
Fundamental liberties guaranteed to all citizens by the U.S. Constitution include:
-free exercise of religion -free press -free speech
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers?
-issue a subpoena -investigate complaints and possible violations of its regulations or the law -conduct a hearing to obtain a final order
Subject matter jurisdiction
-judicial authority to hear a particular type of case -
The judicial branch may limit an administrative agency's actions by which of the following?
-judicial review of the agency's orders on appeal -judicial review of the agency's regulations
International laws primarily differ from U.S. laws in which of the following respects?
-who is bound by the law -who can interpret the law -how the law is created
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.
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.
Exclusive Federal Jurisdiction
Bankruptcies, Federal criminal prosecutions, Patent/trademark/copyright cases, Suits against the United States
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:
Correct answer.a default judgment may be entered against her.
Informal rulemaking of administrative agencies differs from formal rulemaking in the following way:
Formal rule making requires the holding of a hearing, but informal rule making does not.
You participate in Black Lives Matter protests and have begun studying the issues raised about police officers. Your local protest group believes the budget of the local police department should be made public as well as the training manuals used to prepare recruits for the job. You and the group want this information to help assess the effectiveness of the police department. For example, is the money well spent? Is training appropriate? What law enables citizens to obtain information from the government about a subject of interest when a written request is made?
Freedom of Information Act
Under the common law, which of the following is true?
In a case of first impression, a judge may use persuasive authorities rather than precedents.
Jury Instructions
The judge will instruct the jury as to their duty, including how to evaluate the case based on the evidence presented, how to weigh the evidence and testimony, the burden of proof, and any other necessary legal elements.
Diversity of Citizenship
Issues between citizens of two different states where the amount in controversy is over $75,000
Manny ships wheat from the United States to Japan. Wheat is also shipped to Japan from Australia. Japan recently reduced its customs duties for wheat shipped from Australia. If Manny demands a similar reduction for the wheat he ships to Japan:
Japan must grant the same reduced customs duties to the United States and all other World Trade Organization members.
Which of the following lists the steps of a trial in the correct chronological order from beginning to end?
Jury selection, opening statements, plaintiff's case, defendant's case
verdict
Once the jury has reached a decision, the jury returns to the courtroom and the verdict is read aloud.
jurisdiction over the defendant can come in one of two forms
Personam and rem
Exclusive State Jurisdiction
Probate, Custody, Divorce, State criminal prosecutions
Federal Questions
Questions that arise out of a person's rights under the U.S. Constitution, treaty, or federal law
The president signs an executive order declaring that any president may now run for three terms of office instead of two. How could his/her power be checked by the legislative branch?
The legislature could impeach him/her
Submission to Jury
The case is then submitted to the jury for consideration and the jury retires to the jury chambers, where they discuss the case and decide the outcome.
Which of the following is a true statement of the powers of a branch of the federal government?
The power to enact laws is vested in the legislative branch.
You play drums in a band that is very popular on your campus. In addition to playing other groups' hit songs, your band plays music that you write. One of your songs has gone viral and has over five million "likes" on Facebook. Your band copyrighted this song and is selling the single via iTunes. You learn that someone in Spain is selling downloads of the song without your permission. You want to stop the unauthorized sales. You are aware of the Berne Convention, an international treaty that would require Spain to recognize your copyright and enable you to enforce your rights in that country. You are thrilled that this treaty exists and you wonder how it came into existence. How are international agreements like the Berne Convention adopted?
Treaties must be approved by the supreme power of each nation. In the United States, approval by both the president and the Senate is required. The treaty must pass in the Senate by a minimum vote of two-thirds.
Which of the following is the supreme law of the land?
U.S. Constitution
Tyrone, a U.S. citizen, works for U.S. Oil at its production plant in Iraq. Tyrone has been with U.S. Oil for fifteen years and has always received excellent evaluations. Tyrone applies for a promotion with U.S. Oil to a supervisory role but is not hired for the position. The person hired for the position has been with the company for only two years and is much younger than Tyrone, who is forty-five. Can Tyrone sue U.S. Oil under the Age Discrimination in Employment Act, even though he is not working within the United States?
Yes, Tyrone can, because employees working abroad for U.S. employers are protected under the Age Discrimination in Employment Act.
Black's Law Dictionary
a body of rules of action or conduct prescribed by controlling authority and having legal binding force
Which of the following are sources of administrative law?
agency rules/regulations
What is the type of international law that evidences a practice developed over the course of a relationship between nations that is accepted as law?
an international custom
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.
Regulations created by international organizations:
are not law unless adopted and ratified by individual countries.
Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:
becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.
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.
The principle of stare decisis does which of the following?
creates predictability in the legal system
Once the witness has answered all of the questions of the plaintiff's attorney, the defendant's attorney then has the opportunity to ask questions, and this is known as
cross-examination.
Congress passes a law making it a crime to use marijuana. The judiciary can check the power of Congress by:
declaring the law unconstitutional.
When either witnesses or experts are called to the stand to testify, the plaintiff's attorney questions that individual via
direct examination
Just as with domestic affairs, international business sometimes results in a
dispute
An arbitrator is different than a mediator because an arbitrator:
has the authority to make a binding award.
In order for the provisions of a treaty to apply to a country, the country must:
have ratified the treaty.
The International Court of Arbitration (ICA), run by the International Chamber of Commerce
hears many private international commercial disputes throughout the world
Rima Fashion Inc. purchases clothing from Oriental Fashions in Hong Kong. A dispute arises between Rima and Oriental over a large shipment of clothing for which Oriental claims Rima refused to pay. Oriental threatens to sue Rima for $500,000. The contract between the two companies states that all disputes must be submitted to arbitration, so Rima and Oriental have an arbitration proceeding in Hong Kong. The arbitration decision is in favor of Oriental, so Oriental seeks payment from Rima. If Oriental asks a United States court to enforce the arbitration award, the court will enforce the award:
if it is enforceable under Hong Kong law, the arbitral tribunal had proper jurisdiction, the defendant was given notice of the arbitration and an opportunity to be heard, and enforcement of the award is not fraudulent or contrary to public policy.
Frannie is a farmer who raises corn as his main cash crop. Recently, domestic corn sales in the United States have hit an all-time low, and Frannie's business is really struggling. Most corn is being imported from Mexico, and local farmers like Frannie cannot compete with the low prices. Frannie and other farmers ask for governmental help with this problem. One way that the government can address the problem and help American farmers is to:
impose a tariff on the sale of corn from Mexico.
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.
in rem jurisdiction
jurisdiction over property within the geographic boundaries of the court
Which branch of government creates statutory law?
legislative
Which branch of government has the authority to enact law?
legislative
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:
may create new precedent.
in personam jurisdiction
obtained when the court serves process on the party within the geographic jurisdiction of the court (the boundaries of the state or the region of the federal court), or by reasonable notification outside those boundaries in instances where a "long-arm" statute applies because the party is considered to have sufficient minimum contacts with the state
Court orders may:
prohibit a party from doing something. compel a party to do something.
Civil law:
regulates the rights and duties between parties
Opening Statements
starting with the plaintiff (in a civil case) or prosecutor (in a criminal case) with the defendant following. During opening statements, the attorney summarizes the proof he/she expects to present to the jury during the trial.
most important guiding principle of common law:
state decisis
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
Jurisdiction can be broken down into two types:
subject matter jurisdiction and personal jurisdiction.
Motion for a Directed Verdict
the defendant motions the court for a directed verdict. This motion asks the court to rule in favor of the defendant simply because the plaintiff has failed to meet their burden of proof by any reasonable standard. -If there is any reasonable interpretation that would disagree, then the motion is denied, and this is usually the case.
International organizations, such as the United Nations, provide regulatory guidance to their member nations through:
the establishment of uniform rules and model legislation.
Using these precedents (these earlier cases)
the judge will usually make a ruling on the current case that aligns with the past cases. The judge is "letting the decision stand" and contributing to the predictability of the law.
Who is authorized to enter into treaties under the Constitution?
the president
Under which of the following will one nation recognize and give effect to the laws and judicial decrees of another nation?
the principle of comity
Historically, the common law developed from:
the unification of local customs and laws in feudal England.
Congress has the right to pass laws, as long as:
they do not conflict with the United States Constitution.
True or False: Each attorney is provided the opportunity to make an opening statement
true
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