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Business Law > Test 1 > Flashcards

Test 1 Flashcards

1
Q

Sources of Law ( Philosphical)

A

Natural Law,
Legail Positivsim
Legal Realism
Self- Normalization
Legal Pluralism

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2
Q

Natural Law

A

Immutable+ Universal ( God- Religion) + Reason ( all humans rational)

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3
Q

Legal Positivism

A

People simply posit (speak) the law
- J Austin= Command Theory

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4
Q

Command Theory

A

One supreme person/authority whose orders everyone in the society shall follow

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5
Q

Legal Realism

A

How People really act/behave ( law in action)
- Holmes “ Bad Man Theory”

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6
Q

Bad Man Theory

A

Holmes,
How much the bad man can get away with

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7
Q

Self Normalization

A

Surveillance
Panopticon ( place where eyesight makes everyone behave, school/prison)

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8
Q

Legal Pluralism

A

Multiple Ways to get law from

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9
Q

Sources of Law in the USA

A

Constitution
Statute/Ordinance ( local Basis)
Administrative Law
Common Law/ Case Law

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10
Q

Constitution

A

Supreme Law of the Land

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11
Q

Statue/Ordinance ( local Basis)

A

Laws from elected legislation bodies
vary from state to state, but federal supremacy

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12
Q

Administrative Law

A

Makes 95% of the laws
Made by ABC Beaurs

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13
Q

Common Law/ Case Law

A

Stand by decided Cases ‘ Precedent’

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14
Q

Marbury v Madison

A

Judicial Reviews were created here
void laws deemed unconstitutional
voided Judiciary Act of 1801

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15
Q

Federal Courts

A

94 District Courts
13 Appeals Courts ( circuits)
- 9th liberal , 7th conservative, 4th middle
Supreme Court
- 9 Justices

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16
Q

Federal Court Jurisdiction

A

Federal Questions
Diversity of Citizenship

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17
Q

Federal Questions

A

Related to the Consitution, Federal Statue, Treaty

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18
Q

Diversity of Citizenship

A

Different States + > $75,000

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19
Q

State Courts

A

Trials ( least important)
Appeals
State S.C ( most important)

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20
Q

Business is an Person

A

Acting within state borders, operating outside state borders + minium contacts

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21
Q

Stream of Commerce

A

Jp Haw Industrial vs Broquet
Southern Prestige vs Independence Platting
Gucci vs Wong Houquing

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22
Q

JP-Haw Industrial vs Broquet

A

Microprocessors sold to Xbox company; Xbox explodes. They sue the microprocessors even though they are from China

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23
Q

Southern Prestige vs Independence Plating

A

Selling something that falls ( license platting)

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24
Q

Gucci v Wong Houquing

A

Internet website connects everything to interstate commerce

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25
Q

Limited Subject Matter Jurisidiction

A

IP’s + Bankruptcy + Family + Probate

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26
Q

Civil Procedures

A

Pleadings
Defendants Motion to Dismiss
Motion for summary judgement ( easy w)
Discovery ( has to give evidence over)
Jury Selection ‘ voir dire’
Directed Verdict
Closing Arguments
Verdict/Award
Judgement N.O.V ( not withstanding jury)

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27
Q

Pleadings

A

Complaint
Summons/Service of Process
Answers

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28
Q

Discovery

A

Brothers vs Winstead ( paycheck was withheld and they sued so they can access his different books)
Depositions ( recordings) + Interrogatories ( list of questions) + meta data

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29
Q

Jury Selection

A

JEB v Alabama ( dismissing by gender for payment)
Challenge for cause = bias
peremptory challenge = cannot dismiss race/gender

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30
Q

Judgement N.O.V

A

Not with standing duty, the jury made a bad selection ,so the judge can change the verdict and amount to pay

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31
Q

Enumerated Powers

A

Written Down

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32
Q

Limited Powers

A

Smaller powers

33
Q

7 Articles

A

Congress
President
Judiciary
State Co-Operation ( not getting pulled over for a different state license play)
Amendment
Federal Supremacy
Adopts/Enacts

34
Q

Congress

A

Commerce Clause ( main problem in article 1)
Orginialisim ( orginial public meaning)
Historicism ( The document evolves with us interstates)

35
Q

Interstate Commerce ( ALL ACTIVITy)

A

Gibbons v Odgen ( 1824) 2 boats from New Jersey going to New York

Reno v Condon ( 2000) Selling Information from different businesses in different states

Gonzales v Raich( 2005) Old lady Weed Plant ( the last act to secure all activity)

36
Q

Bill of Rights

A

StarChamber ( judicial body that King George abused )
James Madison hated the Bill of Rights since it limited our rights to what was down

37
Q

Procedural Due Process

A

5th - Before trial Grandjury + double jeopardy+ right to remain silent ( no self incrimination)
6th - Speedy/ Public Trial + jury of peers+confront witness+compell witness ( suponea)

38
Q

1st Amendment

A

Freedom of Religon
Freedom of Speech

39
Q

Freedom of Religion

A

Establishment Clause
Free Exercise Clause

40
Q

Establishment Clause

A

Gov’t Cannot estbalish a religon and favor/dis favor one

41
Q

Free Exercise Clause

A

Compelling Gov Interest
Employment Divison v Smith ( Native American taking Peyote at work and got fired)

42
Q

Freedom of Speech

A

Regulates all Speech ( spoken, written, Symbolic)
Bans Speech Defamation, Incitement of Imminent Illegal Activity, Obscenity, National Security

43
Q

Regulations for Speech

A

Time + Place + Manner ( restrictions are okay if reasonable)

44
Q

Narrowly Tailored

A

If it fits well into speech
Doe v Prosecutor of Marion County 2014 ( sexual predator cant use social media and it isn’t fair

45
Q

Law doesn’t serve it

A

Bath Frog Brewery v New State Liquor Authority ( beer bottle flipping off people, it does work)

46
Q

Compelling Govt Interest

A

Morse v Fredrick ( bang hits for jesus at a school and the govt wants to protect the sign to drugs to kids)

47
Q

Citizens United v FEC ( 2010)

A

Allowed Corporate Political Speech since they are people
made a Hillary Clinton bad movie

48
Q

14th Amendment

A

Due Process Clause + Equal Protection Clause

49
Q

Substantive Due Process

A

Combines 9th and 14th amendment
-Right to Privacy

50
Q

Right To Privacy

A

Grizwold v Connecticut
Lochner v New York

51
Q

Case about Sex Protections ( contracpetion, abortion, same sex intercourse and same sex marriage

A

Grizwold v Connecticut

52
Q

Wanting to work more than the allowed hours inside a bakery, thus ruining the power of unions

A

Lochner v New York

53
Q

Strict Scrutiny

A

Involving Races, Judges have to say “ necessary” to serve, compelling gov’t interest ( was affirmative action)

53
Q

Equal Protection

A

No Laws favoring one group of people unless passes these
Strict Scrutiny
Intermediate Scrutiny
Rational Biases

54
Q

Intermediate Scrutiny

A

Involving Gender, substantially related + serve+important gov’t interest ( draft)

55
Q

Rational Biases

A

Everybody else, supported + any conceivable ( rational) biases + legitimate gov’t interest
Maxwell’s Pic-Pac v Dehner

56
Q

Rational Bias Case involving gas stations and selling liquor

A

Maxwell’s Pic Pac v Dehner

57
Q

Suspension of Civil Liberties

A

National Security Threats
Public Health Emergencies

58
Q

National Security Threat Case

A

Karamatsu v U.S ( 1944)
Japanese Intermittent Camp in U.S during WW2

59
Q

Public Health Emergencies Case

A

Buck v Bell ( 1927)
Forced Sterilization of people with mental health problem

60
Q

Legality does not Equal Ethics

A

Slavery was lethal but not ethical

61
Q

Moral Minuim

A

You are duty-bound; to obey the law
Scott v Carpanzo

62
Q

Scott v Carpanzo

A

Fake mob member lied about a movie being made and got sued but he didn’t show up to court by supona

63
Q

Punitive Damages

A

’ Shock the conscience ‘ so strong extra money
May v Chrysler

64
Q

The case where a gay black dude was harassed inside a work environmentp

A

May v Chrysler

65
Q

Systematic Theories of Ethics

A

Duty Based Ethics ( Prinicple of Rights)
OutCome Based Ethics
Corporate Social Responsibility
Business Process Pragmatism

66
Q

Duty Based Ethics

A

Cateogorical Imperative
Do not lie, steal, using
By Immanuel Kant

67
Q

Outcome Based Ethics

A

Utilitarianism, RCBA ( risk cost-benefit analysis )
The train scenario where you got people on the tracks

68
Q

Corporate Social Responsibility

A

Stakeholder Theory where you have to maximize the profits for the shareholders

69
Q

Business Process Pragmatism

A

Inquiry + Discussion + Decision + Justify + Evaluation

70
Q

Shareholder Prigrimacy

A

Maximize Profit ( no legal duty)
Dodge vs Ford
Schlensky v Wrigley

71
Q

Dodge v Ford

A

To myth of the duty to maximize profits , Because of a corporate contract

72
Q

Schlensky v Wrigley

A

Business Judgment Rule ( BJR)
Never can second guess managerial

73
Q

Creating Ethical Workplace

A

Corporate Code of Ethics ( Dont be evil google )
Top Down Ethical Conduct

74
Q

Top Down Conduct

A

Managers set the ethical tone for the Company ( Johnson Construction v Shaffer )

75
Q

Johnson Construction v Shaffer

A

An autobody shop ask for more than their estimate provided ( very unethical)

76
Q

Global Ethics

A

An always and constant thing recognized
Foreign Corrupt Practices Act ( FCPA)

77
Q

Foreign Corrupt Practices Act

A

Giving money to public officials, It is Illegal to bribe high-level officials to induce a business opportunity
Legal to grease a minor official

78
Q

Penalties

A

2 million Corporations
100k - Directors/Officers
5 years Jail

Business Law (3 decks)

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