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Exam 1 > Business Law > Flashcards

Business Law Flashcards

(114 cards)

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1
Q

Joseph Stalin

A

Command School

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2
Q

Barack Obama

A

Sociological School

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3
Q

Richard Posner

A

Law and Economics School

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4
Q

Thomas Hobbes

A

Natural School

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5
Q

Bill O’Reilly

A

Historical School

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6
Q

The Common Law descends mostly from which source?

A

Decisions of the English courts

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7
Q

According to Mr. Cochran, in the Carnival Cruise Lines, Inc. v. Shute case the U.S. District Court held in favor of the cruise line in requiring Mrs. Shute to sue the cruise line only in Florida. This decision most closely follows which of the following Schools of Jurisprudential Thought?

A

The Historical School

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8
Q

According to Mr. Cochran, an adherent to the Command School of Jurisprudential Thought would be

A

Adolph Hitler

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9
Q

The U.S. Supreme Court receives in excess of 10,000 appeals annually. Over the last 20 years about how many cases does the U.S. Supreme Court hear annually?

A

80 - 100

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10
Q

In which Alternative Dispute Resolution method is a decision (award) made?

A

Arbitration

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11
Q

In a complaint, the defendant sues the plaintiff.

T or F

A

False

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12
Q

J.J. Peas sells auto parts from its manufacturing plant in Oregon. It only has employees, offices and manufacturing facilities in Oregon; it is not licensed in any other state, nor has it any assets or employees in any other state. It solicits business from people all over the world through its retail website, through catalogs it mails to potential customers nationwide, and through emails it sends to people in its database nationwide. If you have a dispute with them you should be able to sue them and have your case heard in your home state of Alabama.
T or F

A

True

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13
Q

Request for Admissions are a form of ADR.

T or F

A

False

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14
Q

You may have your dispute heard in Federal Court if you have diversity of citizenship and an amount in controversy of $50,000.00.
T or F

A

False(minimum $75,000)

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15
Q

The judge determines the law to be applied to a case.

T or F

A

False

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16
Q

In the Shute case the 9th Circuit of Appeals seemed to follow the Historical School of Jurisprudential Thought in making their decision on appeals.
T or F

A

False

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17
Q

In the Shute case the U.S. District Court of Washington State appeared to follow which of the Jurisprudential Thoughts in making their decision?

A

Historical School

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18
Q

Although it wasn’t stated in the Shute case opinion of the U.S. Supreme Court, it was obvious that Mrs. Shute suffered a serious injury.
T or F

A

False

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19
Q

What is the most important function of the law?

A

Facilitating planning

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20
Q

Courts are obligated to follow ______ within jurisdiction.

A

Precedent

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21
Q

Stand on decided cases

-is a judge made law

A

Stare Decisis

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22
Q

This law affects future cases in many circumstances and governs transactions not governed by the law.

A

Common Law

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23
Q

Assumes law, rights and ethics are based on universal moral principles inherent in nature discoverable through human resources.
-Aristotle, Jefferson, MLK

A

Natural Law

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24
Q

Law derives its legitimacy and authority from standards that have withstood the test of time?
-Thomas, Ronald Regan, Anthony Kennedy

A

Historical School

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25
What school believes society should tailor the law to what is needed now instead of being wed to history -F.D.R., Obama, Berney Sanders
Sociological School
26
This school believes the economic impact should be studied and understood before a decision is made to change a law -Richard Posner, Thomas Sowell
Law and Economics School
27
This law believes whoever holds power makes the law and everyone else must obey -Stalin, Kim il Un, Robert Mugabe
Command School
28
Clarence Thomas is most identified with which School of Jurisprudential Thought?
Historical School
29
"The law is just another tool to be used to solve injustice" is the foundation of which School of Jurisprudential Thought?
Sociological School
30
Adherents to the Law and Economics School of Jurisprudential Thought believe that the law should reflect the best economic alternative. T or F
False
31
Law that involves the defender and court
Criminal Law
32
Law that involves state, corporation, or individual and court
Civil Law
33
Law that involves how you handle the problem with substantive law - did you receive adequate warning? - were you treated right during the system procedures?
Procedural Law
34
Law that expresses what the law is
Substantive Law
35
Power of a court to compel the presence of the parties to a dispute to appear before the court and litigate.
In personal
36
A court has power to decide issues relating to property, whether the property is real, personal, tangible, or intangible
In R.E.M.
37
In R.E.M. Jurisdiction refers to:
Jurisdiction over property
38
The Long Arm Statue requirement for minimum contacts means:
Any attempt to "come into the state" to do business is probable enough to meet the minimum contacts requirement
39
Results from statutory limitation on the types of cases a court can hear, usually determined by federal or state statutes.
Subject Matter Jurisdiction
40
In the U.S. You have the right to sue anyone over any matter in court. T or F
True
41
This court is where the case started
Original Jurisdiction
42
Courts have the power to hear an appeal from another court
Appellate Jurisdiction
43
Rights or obligations of a party are created or defined by some federal law.
Federal Question cases
44
Parties are not from the same state and the amount in controversy is greater than $75,000
Diversity of Citizenship cases
45
Jurisdiction where only one court has the power to hear the case
Exclusive Jurisdiction
46
Jurisdiction where more than one court can hear the case
Concurrent Jurisdiction
47
Is concerned with the most appropriate location for the trial - must be fair - rarely changed
Venue
48
Lowest court level
Trial Court
49
Intermediate court level
Appellate Circuit Court of Appeals
50
Highest level of courts
U.S. Supreme Court
51
What appeal is used to get to the U.S. Supreme Court? | -Receives 10,000+ appeals a year
Petition for Certiorari
52
An order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review 80-100 appeals a year
Writ of Certiorari
53
Standing to sue means:
You must have some stake in the matter being sued upon
54
All appellate courts must hear your appeal. | T or F
False(U.S. Supreme is exception)
55
Mediator talks face-to-face with parties to determine "common ground" -don't make decisions
Mediation
56
Considers a case and grants an "award" | -both parties submit case and decision is made
Arbitration
57
Which arbitration is there no appeal?
Binding arbitration
58
Which arbitration does the court mandate before a potential trial?
Nonbinding arbitration
59
What percent of all potential clients who walk through an attorney's door do not convince the attorney to take their case?
90%
60
What are the two greatest factors why lawyers do not take clients cases?
- Communication | - The Law is against them
61
What does the symbol π stand for?
Plaintiff
62
What does the symbol Δ stand for?
Defendant
63
Legal form that starts the pleading process | -π → Δ
Complaint
64
Defendants answer to plaintiff | -Δ → π
Answer
65
Usually attached to answer when the defendant sues | -Δ → π
Counter-Claim
66
Plaintiff's counter-complaint | -π → Δ
Reply
67
The process by which parties obtain information from the opposing party prior to trial
Discovery
68
Each party must answer all relevant questions the other party asks. T or F
True
69
Oral testimony given under oath
Deposition
70
Written questions to which a party must respond under oath
Interrogations
71
The π response to a counter-claim is the answer. | T or F
False
72
The sole purpose of discovery is to prevent surprises at trial. T or F
False
73
Assessment of potential juries to see if they can be fair
Void Dire
74
Introduction of evidence through witnesses
The trial
75
Jury instructions and verdicts must be unanimous. | T or F
True
76
In a Criminal Trial only the Δ may appeal. | T or F
True
77
In a civil trial either loser(π or Δ) may appeal. | T or F
True
78
What document protected individual rights and liberties?
The Bill of Rights
79
What did the Constitution establish that shares power between the national and state governments?
Federal Form of Government
80
National government has limited, ____________________________.
Enumerated powers delegated from states
81
Give state governments broad rights to regulate broad activities to protect or promote the public order, health, safety, morals, and general welfare.
Police Powers
82
Prevents states from discriminating against noncitizens or using favoritism towards citizens
Privileges and Immunities Clause
83
The privileges and immunities clause means that states must comply and enforce the ruling of other states concerning mainly property and criminal. T or F
False
84
Virtually the entire reason we have the Constitution which we have today is because:
Of business
85
What is the most important clause in the constitution to business?
Commerce Clause
86
What clause gives the Federal Government the Exclusive Right to Regulate Interstate Commerce?
Commerce Clause
87
A court decision from England in 1709
May be the law in some states but not others
88
What school of jurisdiction is associated with the trial court in the Shute v. Carnival Cruise Case?
Historical School
89
What school of jurisdiction is associated with the 9th circuit court of appeals approach the Shute v. Carnival Cruise Line Case?
Sociological School
90
What school of jurisdiction is associated with the U.S. Supreme Court approach the Shute v. Carnival Cruise Line Case?
Law and Economics School
91
Which four acts make up the pleadings?
``` Complaint Answer Counter-claim Reply (Pleadings process can take up to 45-60 days) ```
92
What is the main reason we have the Constitution in place today?
Because of business
93
What is the percentage of cases that settle before trial?
95%
94
Which is an example of exclusive regulation of the federal government in interstate commerce?
Airlines (Feds all power, states none)
95
Which is an example of shared regulation of the federal government in interstate commerce?
Trucking (Feds regulate how and where and states regulate who) *One of the most regulated industries.
96
Which is an example of no regulations of the federal government in interstate commerce?
Pencils (Example of interstate commerce but neither state nor Feds have any regulations)
97
Who established the judicial review in 1803?
Chief Justice Marshall
98
What is the unknown meaning behind the Scarlet Letter?
Book is about Economics of the issue; punishment was to deter people from creating economic difficulties for the community
99
What is the latest and fastest growing School Jurisprudential Thought?
Law and Economics School
100
The common law today does not govern which type of transactions?
Statutory Law
101
The only state that did not adopt the English Common Law is?
LA. (The used the Napoleonic aka Civil Code)
102
What clause was expressed in the 1964, Supreme Court prohibition of racial discrimination in interstate commerce?
Commerce Clause
103
What clause TODAY authorizes the national government to regulate virtually any business enterprise, including internet-based?
Commerce Clause
104
States may regulate Interstate Commerce if the Federal government has not decided to Exclusively Regulate a particular area of commerce. T or F
True
105
States may regulate Interstate Commerce if the State regulation does not unduly burden interstate commerce. T or F
True
106
Federal Government can not regulate Commerce. | T or F
False
107
A valid federal statue or regulation will take precedence over a conflicting state or local statute. T or F
True
108
The First Amendment has greater restraints on businesses than individuals. T or F
True
109
What restrictions are on businesses in the Fourth Amendment?
Highly regulated on alcohol, tobacco, and firearms
110
Businesses have the right against self incrimination?
False
111
Private businesses have equal rights. | T or F
False
112
In equal protection strict scrutiny refers to what?
Race Classification
113
In equal protection intermediate scrutiny refers to what?
Gender Classifications and Age Classifications
114
In equal protection "rational basis" test refers to what?
Any other

Exam 1 (3 decks)

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