Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Business Law > Test 1 > Flashcards

Test 1 Flashcards

(79 cards)

Start Studying
1
Q

Sources of Law ( Philosphical)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Natural Law

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Legal Positivism

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Command Theory

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Legal Realism

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Bad Man Theory

A

Holmes,
How much the bad man can get away with

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Self Normalization

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Legal Pluralism

A

Multiple Ways to get law from

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Sources of Law in the USA

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Constitution

A

Supreme Law of the Land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Statue/Ordinance ( local Basis)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Administrative Law

A

Makes 95% of the laws
Made by ABC Beaurs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Common Law/ Case Law

A

Stand by decided Cases ‘ Precedent’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Marbury v Madison

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Federal Courts

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Federal Court Jurisdiction

A

Federal Questions
Diversity of Citizenship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Federal Questions

A

Related to the Consitution, Federal Statue, Treaty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Diversity of Citizenship

A

Different States + > $75,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

State Courts

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Business is an Person

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Stream of Commerce

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Southern Prestige vs Independence Plating

A

Selling something that falls ( license platting)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Gucci v Wong Houquing

A

Internet website connects everything to interstate commerce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Limited Subject Matter Jurisidiction
IP's + Bankruptcy + Family + Probate
26
Civil Procedures
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)
27
Pleadings
Complaint Summons/Service of Process Answers
28
Discovery
Brothers vs Winstead ( paycheck was withheld and they sued so they can access his different books) Depositions ( recordings) + Interrogatories ( list of questions) + meta data
29
Jury Selection
JEB v Alabama ( dismissing by gender for payment) Challenge for cause = bias peremptory challenge = cannot dismiss race/gender
30
Judgement N.O.V
Not with standing duty, the jury made a bad selection ,so the judge can change the verdict and amount to pay
31
Enumerated Powers
Written Down
32
Limited Powers
Smaller powers
33
7 Articles
Congress President Judiciary State Co-Operation ( not getting pulled over for a different state license play) Amendment Federal Supremacy Adopts/Enacts
34
Congress
Commerce Clause ( main problem in article 1) Orginialisim ( orginial public meaning) Historicism ( The document evolves with us interstates)
35
Interstate Commerce ( ALL ACTIVITy)
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
Bill of Rights
StarChamber ( judicial body that King George abused ) James Madison hated the Bill of Rights since it limited our rights to what was down
37
Procedural Due Process
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
1st Amendment
Freedom of Religon Freedom of Speech
39
Freedom of Religion
Establishment Clause Free Exercise Clause
40
Establishment Clause
Gov't Cannot estbalish a religon and favor/dis favor one
41
Free Exercise Clause
Compelling Gov Interest Employment Divison v Smith ( Native American taking Peyote at work and got fired)
42
Freedom of Speech
Regulates all Speech ( spoken, written, Symbolic) Bans Speech Defamation, Incitement of Imminent Illegal Activity, Obscenity, National Security
43
Regulations for Speech
Time + Place + Manner ( restrictions are okay if reasonable)
44
Narrowly Tailored
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
Law doesn't serve it
Bath Frog Brewery v New State Liquor Authority ( beer bottle flipping off people, it does work)
46
Compelling Govt Interest
Morse v Fredrick ( bang hits for jesus at a school and the govt wants to protect the sign to drugs to kids)
47
Citizens United v FEC ( 2010)
Allowed Corporate Political Speech since they are people made a Hillary Clinton bad movie
48
14th Amendment
Due Process Clause + Equal Protection Clause
49
Substantive Due Process
Combines 9th and 14th amendment -Right to Privacy
50
Right To Privacy
Grizwold v Connecticut Lochner v New York
51
Case about Sex Protections ( contracpetion, abortion, same sex intercourse and same sex marriage
Grizwold v Connecticut
52
Wanting to work more than the allowed hours inside a bakery, thus ruining the power of unions
Lochner v New York
53
Strict Scrutiny
Involving Races, Judges have to say " necessary" to serve, compelling gov't interest ( was affirmative action)
53
Equal Protection
No Laws favoring one group of people unless passes these Strict Scrutiny Intermediate Scrutiny Rational Biases
54
Intermediate Scrutiny
Involving Gender, substantially related + serve+important gov't interest ( draft)
55
Rational Biases
Everybody else, supported + any conceivable ( rational) biases + legitimate gov't interest Maxwell's Pic-Pac v Dehner
56
Rational Bias Case involving gas stations and selling liquor
Maxwell's Pic Pac v Dehner
57
Suspension of Civil Liberties
National Security Threats Public Health Emergencies
58
National Security Threat Case
Karamatsu v U.S ( 1944) Japanese Intermittent Camp in U.S during WW2
59
Public Health Emergencies Case
Buck v Bell ( 1927) Forced Sterilization of people with mental health problem
60
Legality does not Equal Ethics
Slavery was lethal but not ethical
61
Moral Minuim
You are duty-bound; to obey the law Scott v Carpanzo
62
Scott v Carpanzo
Fake mob member lied about a movie being made and got sued but he didn't show up to court by supona
63
Punitive Damages
' Shock the conscience ' so strong extra money May v Chrysler
64
The case where a gay black dude was harassed inside a work environmentp
May v Chrysler
65
Systematic Theories of Ethics
Duty Based Ethics ( Prinicple of Rights) OutCome Based Ethics Corporate Social Responsibility Business Process Pragmatism
66
Duty Based Ethics
Cateogorical Imperative Do not lie, steal, using By Immanuel Kant
67
Outcome Based Ethics
Utilitarianism, RCBA ( risk cost-benefit analysis ) The train scenario where you got people on the tracks
68
Corporate Social Responsibility
Stakeholder Theory where you have to maximize the profits for the shareholders
69
Business Process Pragmatism
Inquiry + Discussion + Decision + Justify + Evaluation
70
Shareholder Prigrimacy
Maximize Profit ( no legal duty) Dodge vs Ford Schlensky v Wrigley
71
Dodge v Ford
To myth of the duty to maximize profits , Because of a corporate contract
72
Schlensky v Wrigley
Business Judgment Rule ( BJR) Never can second guess managerial
73
Creating Ethical Workplace
Corporate Code of Ethics ( Dont be evil google ) Top Down Ethical Conduct
74
Top Down Conduct
Managers set the ethical tone for the Company ( Johnson Construction v Shaffer )
75
Johnson Construction v Shaffer
An autobody shop ask for more than their estimate provided ( very unethical)
76
Global Ethics
An always and constant thing recognized Foreign Corrupt Practices Act ( FCPA)
77
Foreign Corrupt Practices Act
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
Penalties
2 million Corporations 100k - Directors/Officers 5 years Jail

Business Law (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions