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MGMT 217 Legal Environ of Business > Exam 01 > Flashcards

Exam 01 Flashcards

1
Q

Law

A

formal rulings of courts and the laws enacted by legislatures

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2
Q

key function of a legal system

A

encouraging social stability

resolving conflicts without violence

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3
Q

There must be a supreme court was stated in what

A

the U.S constitution

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4
Q

when a court decides a common law case it usually relies on what?

A

precedent

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5
Q

Law applied and made by judges

A

common law

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6
Q

when the president and Congress both agree to bind the United States to a treat

A

law of the nation

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7
Q

When a court issues a decision, especially a court of appeals, the decision is likely to be reported where?

A

In a case reporter

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8
Q

authoritative secondary source of law. Who is it used by and who is it produced by

A

often used by courts, is referred to as the Restatement of Law produced by the American Law Institute.

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9
Q

What laws are included in Private Law

A

Contract law

Agency law

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10
Q

Murder or homicide is classified as what kind of offense

A

felony

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11
Q

Medical malpractice and defamation are examples of what?

A

Civil law

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12
Q

what does the public hold to the highest esteem

A

small business

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13
Q

Integrity

A

integrity can be defined as living by a moral code and standards of ethics

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14
Q

Codes of compliance

A

To reduce the severity of penalty in case of prosecution by the government, many companies have adopted

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15
Q

How does government improve social stability by influencing behavior

A

Legal system helps define social behavior; restricts activities that damage “public interest;” restricts business practices believed outside of ethical norms; & encourages certain social and political goals.

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16
Q

Conflict Resolution

A

Businesses turning to formal private settlement techniques – alternative dispute resolution systems outside the courts

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17
Q

what does the U.S constitution establish

A

Fundamental law of the land

Establishes Legislative, Executive and Judicial Branches of government

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18
Q

state constitutions

A

they create Legislative, Judicial and Executive Branches of state governments

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19
Q

what do legislators create

A

Federal Laws
State Laws
Municipal Laws

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20
Q

Who makes statues

A

congress

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21
Q

what does statute name

A

administrative agency

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22
Q

Where does Judiciary and Common Law come from

A

comes from old English system.

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23
Q

precedent

A

Legal principles from cases is called

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24
Q

Stare Decisis.

A

making a decision based on past cases

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25
Q

Common law who is it passed by

A

Unlike statutes, it is not passed by a legislative body and is not a specific set of rules; rather, it must be interpreted from the many decisions that have been written over time.

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26
Q

Where are civil roots most often from

A

rome

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27
Q

three ways civil law is different from common law

A

are inquisitorial rather than adversarial.

are code-based rather than case-based.

are influenced more by academic experts than by practicing lawyers.

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28
Q

How does the president have control over administrative agencies

A

appoint agency heads and order duties they undertake.

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29
Q

Firms in other countries are subject to what

A

those countries’ laws.

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30
Q

Code Law

A

Most countries use codes not common law

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31
Q

Substantive

A

law that defines the rights and duties of persons to each other, as opposed to procedural law, which is law that defines the manner in which rights and duties may be enforced.

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32
Q

Procedural

A

the rules of the court system that deal with the manner in which lawsuits are initiated and go forward. Court systems generally have rules regarding pleadings, process, evidence, and practice.

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33
Q

Compliance Programs

A

management tools for avoiding legal problems or reduce possible punishment.

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34
Q

Dept. of Justice (DOJ)

A

emphasizes importance of corporate “compliance programs”

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35
Q

Judicial Immunity

A

you are not able to sue the judge

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36
Q

What are the appellate courts concerned with

A

the application of the law at trial

making sure proper procedure was followed in the trial court proceeding

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37
Q

The court of federal claims

A

. The court that hears suits for money filed against the federal government is

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38
Q

court of international trade

A

The court that hears cases involving customs and tariffs disputes

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39
Q

the most common trial court in the federal court system

A

district court

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40
Q

If a party is not satisfied with the decision of a federal trial court what do they have the right to?

A

there is a right of appeal for any party

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41
Q

udicial officials who assist U.S. district court judges in many matters, and may be assigned to hear cases, are called:

A

magistrates

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42
Q

Small claims courts cannot hear disputes involving more than what

A

$10,000

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43
Q

what do most states not have

A

intermediate courts of appeal

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44
Q

a state court of limited jurisdiction, such as a municipal court, hears a case and a party to the case is unhappy with the result, there can be:

A

a trial de novo at a district or trial court

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45
Q

The party who claims to have suffered an injury that the law can remedy and brings an action in court is referred to as

A

the plaintiff

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46
Q

What do most court systems use to help guide civil proceeding

A

Federal Rules of Civil Procedure

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47
Q

Lower courts: Courts of Original Jurisdiction

What are they known as?

deal with issues of what?

A

Where disputes are initially brought and tried
Generally known as trial courts
Determine issues of fact
Apply law to the facts for resolution

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48
Q

Appellate Courts: Courts of Appellate Jurisdiction

A

Where lower court decisions are reviewed

Look at issues of law

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49
Q

Who nominates federal judges

A

the president

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50
Q

how long is federal judges term

A

life time

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51
Q

How can federal judge be removed

A

only if Congress impeaches them (intricate impeachment process and rarely happens)

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52
Q

What does job security of federal judges guarantee

A

that judges are independent and free from political pressure

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53
Q

Stated judges serve what kind of term

A

fixed term

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54
Q

How many district courts

A

94

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55
Q

How many courts of appeals

A

12 courts

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56
Q

U.S court of appeals have how many panels and deal with what

A

3 judge panels deal in issues of law and review most decisions

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57
Q

En banc proceeding

A

means all active judges in a circuit will a hear a case (small number of cases done this way)

58
Q

How much jurisdiction does specialized federal courts have

A

limited jurisdiction

59
Q

Where do the court of appeals for the federal circuit take appeals from

A

U.S. District Courts in patent, trademark and copyright cases
U.S. Court of Federal Claims
U.S. Court of International Trade
U.S. Tax Court

60
Q

Highest court in the country

A

u.s supreme court

61
Q

what does the u.s supreme court review cases from

A

U.S. District Courts
U.S. Courts of Appeals (primary source of cases)
Highest Courts of the States

62
Q

what does “Writ of Certiorari” deal with

A

Often deal with Constitutional decisions

63
Q

what if writ is not final

A

, lower court decision is final

64
Q

State court of “Original Jurisdiction

A

Where case is first brought; deals in issues of fact

65
Q

State Supreme Court

A

Second appellate review dealing with issues of law

66
Q

Who is able to develop their own procedural rules

A

states

67
Q

Jurisdiction

A

Right of a court to hear and decide the case

68
Q

What does the court need jurisdiction over

A

subject matter

persons or property

69
Q

Jurisdiction (literal)

A

power to speak the law

70
Q

What court must the plaintiff select

A 
Subject-matter jurisdiction
Created by constitution or statute
                           and
Personal jurisdiction over
The person of the defendant 
                          or
The property of the defendant
71
Q

What is federal court jurisdiction derived from

A

the U.S constitution

72
Q

Diversity of citizenship jurisdiction

A

Cases involving citizens of different states or from another nation:

73
Q

If there is not a particular subject matter, case goes?

A

general trial court

74
Q

Courts of original jurisdiction

A

where case is first brought

75
Q

courts of appellate jurisdiction

A

where lower court decisions are reviewed

76
Q

If there is no jury?

A

judge decides the facts and applies the law

77
Q

Long-arm Statutes

A

Protects states’ citizens from business defendants who do business in the state and then leave

78
Q

Jurisdiction over corporations

A

State in which corporation is established
State where has business headquarters or main plant
State in which entity is doing business

79
Q

When is jurisdiction not appropriate

A

business contact with state is only informational.

80
Q

In rem jurisdiction

A

JURISDICTION OVER PROPERTY

81
Q

What if property moves to another state

A

no in rem jurisdiction

82
Q

Examples of federal courts jurisdiction

A 
Federal crimes
Bankruptcy 
Patents 
Copyrights
Federal questions
83
Q

Exclusive jurisdiction of congress

A

by statue in federal court

84
Q

Examples of state jurisdiction

A

Divorce
Adoption
Matters controlled by state government

85
Q

Supremacy of federal law

A

state jurisdiction cannot infringe on federal jurisdiction

86
Q

concurrent jurisdiction.

A

Federal and state courts have exclusive jurisdiction over some matters

87
Q

If plaintiff chooses state court, defendant may have right to remove what?

A

federal court

88
Q

If plaintiff files suit in defendant’s home state court, defendant cannot move cases where

A

to federal court

89
Q

law of the relevant state

A

Courts apply law of state “with most significant interests” to the outcome

90
Q

Contract cases

A

Laws of state in which contract was made will be applied, if contract did not specify the governing law.

91
Q

Tort cases:

A

injury or physical harm to a person

92
Q

Basic Trial Procedures

order

A

leading Stage

Discovery Stage

Pretrial Stage

Trial Stage

Appellate Stage

Enforcement Stage

93
Q

THE PLEADINGS STAGE

A

Complaint
Service of

Process—notifying the defendant

Answer—defendant’s response to complaint

94
Q

Complaint

A 
Alleges facts for jurisdiction and basic facts
Requests remedy(ies)
95
Q

Responses to Complaint

A 
Motion to Dismiss (Demurrer)
By defendant
Answer (may include affirmative defenses – usually by defendant)
Counterclaim
Reply
96
Q

Purpose of Discovery

A

Legal Tools to Obtain Evidence

97
Q

purposes to purpose of discovery

A

Purposes to 1) preserve evidence, 2) limit element of surprise, 3) encourage settlement

98
Q

Court may sanction a party who fails to comply with discovery requirements.

A

Default Judgment

Contempt of court (fines, pay costs to the other party)

99
Q

Summary Judgment which party can request? who renders it?

A

either party may request

Judge renders it

100
Q

Pretrial Conference: what helps why does it help

A

Simplify issues
Plan course of the trial
Judges gets parties to drop non-key parts of case
Helps to focus on key issues
Judges may encourage parties to reach out-of-court settlement

101
Q

6th and 7th amendment give right to what

A

to a jury in criminal and common law cases.

102
Q

What if no jury is used

A

judge becomes trier of fact

103
Q

voir dire

A

jury selection

104
Q

TRIAL STAGE: what are the 6 stages?

A

Opening Statements by attorneys
Direct Examination, Cross Examination, Redirect Examination, Re-Cross Examination
Closing arguments
Verdict by Jury

105
Q

Remedies for Monetary damages

A

Compensatory
Punitive or exemplary
Nominal

106
Q

Equitable remedies

A

Specific performance

Temporary Restraining Order

107
Q

outcome of appellate stage

A

Affirmed
Modified
Reversed
Remanded

108
Q

judgement is final if what

A

If no further appeal is available

109
Q

res judicata

A

judgment is final

110
Q

writ of execution.

A

Enforcement of judgment

111
Q

NEGOTIATION

A

Parties decide to perhaps settle matter.

112
Q

MEDIATION

A

3rd neutral person (mediator) assists the parties of the dispute.
Parties mutually decide on a resolution.
Mediator makes suggestions.
Mediator’s suggestions not binding on the parties.
Parties may go to trial after this ADR.
Mediation may help to maintain the relationship between the parties.

113
Q

who is supreme in regulating business

A

Federal Government

114
Q

who can regulate foreign trade and interstate commerce

A

congress

115
Q

who has power to : “Regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

A

congress

116
Q

Necessary and Proper Clause

A

Constitution lists specific Congressional powers and grants

117
Q

Federal Supremacy

A

federal government actions take precedence over actions of other governments

118
Q

federal regulation takes president over what

A

state regulation

119
Q

states may not enact laws that burden what?

A

Interstate commerce

120
Q

Who can ceos not tesfify against? who must they testify against

A

Themselves

the business

121
Q

Eminent domain

A

the right of governments to condemn private property for public uses

122
Q

Crime

A

Positive or negative action that violates a penal law

123
Q

who decides punishment possibilities

A

congress

124
Q

Actus reus

A

the guilty act

125
Q

Mens rea

A

criminal intent

126
Q

Affirmative Defenses

A

Even if prosecution’s claims are true, other facts prevent the claims from constituting the crime.

127
Q

Statute of limitation

A

you are only good to bring up a case over a certain time frame from when it happened

128
Q

Entrapment

A

Law enforcement sets a trap to lure someone into committing a crime he/she had no intention of committing

129
Q

What must law enforcement officials show to obtain a warrant

A

probable cause

130
Q

Arraignment

A

court appearance of the accused (before a judge or magistrate).

131
Q

what type of law has parties do their own investigations?

A

criminal law

132
Q

exculpatory evidence

A

Evidence that may show defendant is not guilty

133
Q

Double jeopardy

A

prevents a defendant from being tried a 2nd time for same criminal charges

134
Q

what happens if jury cannot agree on verdict

A

and prosecutor will decide whether to proceed again.

135
Q

three ways to to be in the federal court

A

federal question
diversity jurisdiction
there is exclusive jurisdiction

136
Q

State courts are referred to as what

A

general jurisdiction

137
Q

Long arm statue

A

Permits a state to exercise jurisdiction over nonresident defendants

138
Q

Conflict of laws

A

parties from different states have different laws.

139
Q

removal

A

defendant brings a lawsuit filed in state court and brings it to state

140
Q

venue

A

where the lawsuit happens

141
Q

Forum Non Convenient

A

change in different court systems

MGMT 217 Legal Environ of Business (1 decks)

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