Business Law Section 2.1 Flashcards

1
Q

How many deaths are attributed to alcohol each year?

A

About 50 deaths per year

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2
Q

What is an example of a company that does have to tell the truth about their products?

A

Pharmaceutical Companies

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3
Q

How much arsenic is there in drinking water?

A

40 parts per million

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4
Q

What does the moving of softwood production to Canada tell us about regulations?

A

Regulations can have unintended consequences.

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5
Q

What was the major cause of the housing collapse?

A

Sub Prime Loans

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6
Q

What was the cause of so many sub prime loans being handed out?

A

Regulation on banks, making them have to give out loans so they don’t discriminate.

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7
Q

What is a Sub Prime Loan?

A

A loan that is greater then then can be repaid.

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8
Q

How much profit does Exxon make on the dollar?

A

8 cents

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9
Q

What are retained earnings?

A

Earnings that the company uses to further its business

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10
Q

Who has the highest corporate tax rate and what is the percent?

A

The U.S. at 35%

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11
Q

What are dividends and what is there tax rate?

A

Dividends are earnings that are paid out to the stock holders and they are taxed at 15%

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12
Q

What is chapter 11 bankruptcy?

A

The company establishes a plan for the repayment of debts

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13
Q

What is chapter 7 bankruptcy?

A

The companies assets are completely liquidated and the proceeds are distributed to the creditors.

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14
Q

What happens to a corporation if one of the proprietors dies?

A

Nothing, unlike a partnership which is dissolved if one of the partners dies, a corporation can continue on indefinitely.

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15
Q

What are the details pertaining to the employee theft case in Dixon Illinois?

A

$50+ million dollars stolen from a city of about 2000

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16
Q

If an accounting firm is held liable, what insurance can prefect them?

A

Errors and Omissions

17
Q

How can you protect your business from an employee who steals?

A

Buy theft insurance or require workers to be bonded by a surety company

18
Q

What is the downside to theft insurance?

A

Its pricey

19
Q

What happens when an employee is bonded by a surety company?

A

A fidelity bond is established to protect your business against theft.

20
Q

What is the downside to an employee being bonded?

A

They are only bonded based on the assets that they have.

21
Q

How does the supreme court view corporations? And what right does this give them?

A

Corporations are seen as associations of people – basically a person – and they therefore have the right to free speech.

22
Q

What does the liberal left want to do to corporations in regards to politics?

A

They want to ban business involvement in politics and create campaign finance laws

23
Q

How are state laws handled when they differ from federal laws?

A

Federal law always trumps state laws.

24
Q

How does marijuana legalization show how state and federal laws are handled?

A

While marijuana may be legal in some states, it is still federal illegal and therefore people who buy/sell marijuana may be federally prosecuted.

25
If you are charged with a federal crime where will you be tried? Where will an appeal go?
You will be tried in the federal district court in Missoula. Your appeal will be handled in the federal district court of appeals in your area.
26
What federal district court of appeals does Montana reside in?
District 9 In San Fran
27
What does the NHL lockout demonstrate about labor laws?
That there is a balance between labor laws. While the players can go on strike, the owners can lock the players out
28
If users of the iPhone want to sue apple about the mapping software, how would it be handled?
Victims would be people who bought the iPhone and they would be claiming damages of lost gas money due to faulty mapping software.
29
Who would handle the iPhone lawsuit and what kind of case would it be?
A trial lawyer would handle the case as a class action lawsuit.
30
What is the common name for a class action lawsuit?
A coupon suit because the plaintiffs usually are awarded a coupon if they win the case while trial lawyers get millions.
31
Who would the plaintiffs be in the iPhone suit? Who wouldn't be included?
Anyone who bought an iPhone would be considered a plaintiff in the iPhone suit unless the OPT OUT.
32
Why would someone opt out of a class action lawsuit? What would the downside me?
Someone who opts out of the class action lawsuit is able to file their own cases, however they get nothing from the class action lawsuit.
33
What is the Burdon of proof for a criminal case?
The Burdon of proof is beyond a reasonable doubt and there must be a unanimous decision by the jury
34
What percent of defendants plead in a criminal case?
97%
35
If Johnson wins the criminal case can the victim still sue in a civil case?
Yes
36
What is the Burdon of proof in a civil case?
Preponderance of the evidence -- 51% that he is guilty. Less evidence is needed and only a majority vote of the jury is required.
37
Could the victim sue the UM? Would she win?
Yes she could sue. The case has settlement value.
38
What does it mean when a case has settlement value?
That the defendant will want to settle to avoid going to trial. i.e. UM wanting to settle to avoid bad publicity.
39
What is the biggest business news of the last quarter century?
Bakkan oil field in North Dakota and fraking that could make the U.S. energy independent if it is ever used.