Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Exam 1 > Business Law > Flashcards

Business Law Flashcards

1
Q

Joseph Stalin

A

Command School

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

Barack Obama

A

Sociological School

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

Richard Posner

A

Law and Economics School

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

Thomas Hobbes

A

Natural School

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

Bill O’Reilly

A

Historical School

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

The Common Law descends mostly from which source?

A

Decisions of the English courts

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

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

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

A

Adolph Hitler

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

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

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

A

Arbitration

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

In a complaint, the defendant sues the plaintiff.

T or F

A

False

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

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

Request for Admissions are a form of ADR.

T or F

A

False

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

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

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

T or F

A

False

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

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

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

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

What is the most important function of the law?

A

Facilitating planning

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

Courts are obligated to follow ______ within jurisdiction.

A

Precedent

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

Stand on decided cases

-is a judge made law

A

Stare Decisis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

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

A

Common Law

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

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

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

A

Sociological School

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

This school believes the economic impact should be studied and understood before a decision is made to change a law
-Richard Posner, Thomas Sowell

A

Law and Economics School

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

This law believes whoever holds power makes the law and everyone else must obey
-Stalin, Kim il Un, Robert Mugabe

A

Command School

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Clarence Thomas is most identified with which School of Jurisprudential Thought?

A

Historical School

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

“The law is just another tool to be used to solve injustice” is the foundation of which School of Jurisprudential Thought?

A

Sociological School

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Adherents to the Law and Economics School of Jurisprudential Thought believe that the law should reflect the best economic alternative.
T or F

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Law that involves the defender and court

A

Criminal Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Law that involves state, corporation, or individual and court

A

Civil Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Law that involves how you handle the problem with substantive law

  • did you receive adequate warning?
  • were you treated right during the system procedures?
A

Procedural Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Law that expresses what the law is

A

Substantive Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Power of a court to compel the presence of the parties to a dispute to appear before the court and litigate.

A

In personal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

A court has power to decide issues relating to property, whether the property is real, personal, tangible, or intangible

A

In R.E.M.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

In R.E.M. Jurisdiction refers to:

A

Jurisdiction over property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

The Long Arm Statue requirement for minimum contacts means:

A

Any attempt to “come into the state” to do business is probable enough to meet the minimum contacts requirement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Results from statutory limitation on the types of cases a court can hear, usually determined by federal or state statutes.

A

Subject Matter Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

In the U.S. You have the right to sue anyone over any matter in court.
T or F

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

This court is where the case started

A

Original Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Courts have the power to hear an appeal from another court

A

Appellate Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Rights or obligations of a party are created or defined by some federal law.

A

Federal Question cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Parties are not from the same state and the amount in controversy is greater than $75,000

A

Diversity of Citizenship cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Jurisdiction where only one court has the power to hear the case

A

Exclusive Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Jurisdiction where more than one court can hear the case

A

Concurrent Jurisdiction

47
Q

Is concerned with the most appropriate location for the trial

  • must be fair
  • rarely changed
A

Venue

48
Q

Lowest court level

A

Trial Court

49
Q

Intermediate court level

A

Appellate Circuit Court of Appeals

50
Q

Highest level of courts

A

U.S. Supreme Court

51
Q

What appeal is used to get to the U.S. Supreme Court?

-Receives 10,000+ appeals a year

A

Petition for Certiorari

52
Q

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

A

Writ of Certiorari

53
Q

Standing to sue means:

A

You must have some stake in the matter being sued upon

54
Q

All appellate courts must hear your appeal.

T or F

A

False(U.S. Supreme is exception)

55
Q

Mediator talks face-to-face with parties to determine “common ground”
-don’t make decisions

A

Mediation

56
Q

Considers a case and grants an “award”

-both parties submit case and decision is made

A

Arbitration

57
Q

Which arbitration is there no appeal?

A

Binding arbitration

58
Q

Which arbitration does the court mandate before a potential trial?

A

Nonbinding arbitration

59
Q

What percent of all potential clients who walk through an attorney’s door do not convince the attorney to take their case?

A

90%

60
Q

What are the two greatest factors why lawyers do not take clients cases?

A
  • Communication

- The Law is against them

61
Q

What does the symbol π stand for?

A

Plaintiff

62
Q

What does the symbol Δ stand for?

A

Defendant

63
Q

Legal form that starts the pleading process

-π → Δ

A

Complaint

64
Q

Defendants answer to plaintiff

-Δ → π

A

Answer

65
Q

Usually attached to answer when the defendant sues

-Δ → π

A

Counter-Claim

66
Q

Plaintiff’s counter-complaint

-π → Δ

A

Reply

67
Q

The process by which parties obtain information from the opposing party prior to trial

A

Discovery

68
Q

Each party must answer all relevant questions the other party asks.

T or F

A

True

69
Q

Oral testimony given under oath

A

Deposition

70
Q

Written questions to which a party must respond under oath

A

Interrogations

71
Q

The π response to a counter-claim is the answer.

T or F

A

False

72
Q

The sole purpose of discovery is to prevent surprises at trial.
T or F

A

False

73
Q

Assessment of potential juries to see if they can be fair

A

Void Dire

74
Q

Introduction of evidence through witnesses

A

The trial

75
Q

Jury instructions and verdicts must be unanimous.

T or F

A

True

76
Q

In a Criminal Trial only the Δ may appeal.

T or F

A

True

77
Q

In a civil trial either loser(π or Δ) may appeal.

T or F

A

True

78
Q

What document protected individual rights and liberties?

A

The Bill of Rights

79
Q

What did the Constitution establish that shares power between the national and state governments?

A

Federal Form of Government

80
Q

National government has limited, ____________________________.

A

Enumerated powers delegated from states

81
Q

Give state governments broad rights to regulate broad activities to protect or promote the public order, health, safety, morals, and general welfare.

A

Police Powers

82
Q

Prevents states from discriminating against noncitizens or using favoritism towards citizens

A

Privileges and Immunities Clause

83
Q

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

A

False

84
Q

Virtually the entire reason we have the Constitution which we have today is because:

A

Of business

85
Q

What is the most important clause in the constitution to business?

A

Commerce Clause

86
Q

What clause gives the Federal Government the Exclusive Right to Regulate Interstate Commerce?

A

Commerce Clause

87
Q

A court decision from England in 1709

A

May be the law in some states but not others

88
Q

What school of jurisdiction is associated with the trial court in the Shute v. Carnival Cruise Case?

A

Historical School

89
Q

What school of jurisdiction is associated with the 9th circuit court of appeals approach the Shute v. Carnival Cruise Line Case?

A

Sociological School

90
Q

What school of jurisdiction is associated with the U.S. Supreme Court approach the Shute v. Carnival Cruise Line Case?

A

Law and Economics School

91
Q

Which four acts make up the pleadings?

A 
Complaint
Answer
Counter-claim
Reply
(Pleadings process can take up to 45-60 days)
92
Q

What is the main reason we have the Constitution in place today?

A

Because of business

93
Q

What is the percentage of cases that settle before trial?

A

95%

94
Q

Which is an example of exclusive regulation of the federal government in interstate commerce?

A

Airlines (Feds all power, states none)

95
Q

Which is an example of shared regulation of the federal government in interstate commerce?

A

Trucking (Feds regulate how and where and states regulate who)
*One of the most regulated industries.

96
Q

Which is an example of no regulations of the federal government in interstate commerce?

A

Pencils (Example of interstate commerce but neither state nor Feds have any regulations)

97
Q

Who established the judicial review in 1803?

A

Chief Justice Marshall

98
Q

What is the unknown meaning behind the Scarlet Letter?

A

Book is about Economics of the issue; punishment was to deter people from creating economic difficulties for the community

99
Q

What is the latest and fastest growing School Jurisprudential Thought?

A

Law and Economics School

100
Q

The common law today does not govern which type of transactions?

A

Statutory Law

101
Q

The only state that did not adopt the English Common Law is?

A

LA. (The used the Napoleonic aka Civil Code)

102
Q

What clause was expressed in the 1964, Supreme Court prohibition of racial discrimination in interstate commerce?

A

Commerce Clause

103
Q

What clause TODAY authorizes the national government to regulate virtually any business enterprise, including internet-based?

A

Commerce Clause

104
Q

States may regulate Interstate Commerce if the Federal government has not decided to Exclusively Regulate a particular area of commerce.
T or F

A

True

105
Q

States may regulate Interstate Commerce if the State regulation does not unduly burden interstate commerce.
T or F

A

True

106
Q

Federal Government can not regulate Commerce.

T or F

A

False

107
Q

A valid federal statue or regulation will take precedence over a conflicting state or local statute.
T or F

A

True

108
Q

The First Amendment has greater restraints on businesses than individuals.
T or F

A

True

109
Q

What restrictions are on businesses in the Fourth Amendment?

A

Highly regulated on alcohol, tobacco, and firearms

110
Q

Businesses have the right against self incrimination?

A

False

111
Q

Private businesses have equal rights.

T or F

A

False

112
Q

In equal protection strict scrutiny refers to what?

A

Race Classification

113
Q

In equal protection intermediate scrutiny refers to what?

A

Gender Classifications and Age Classifications

114
Q

In equal protection “rational basis” test refers to what?

A

Any other

Exam 1 (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions