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Legal Environment Of Business > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

American law is based greatly on

A

English common law

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2
Q

With English common law came

A

Courts of law and courts of equity

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3
Q

What kind of relief did the courts of law provide

A

Monetary relief

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4
Q

What kind of relief did the courts of equity provide

A

Non-monetary relief (based on notions of justice and fair dealing)

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5
Q

What are “laches”

A

Todays version of statute of limitations

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6
Q

What is “stare decisis”

A

The idea that judges must rule according to the judges before them

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7
Q

What at the three aspects of “stare decisis”

A
  1. Courts are obliged to follow within their jurisdictions
  2. Courts would not overturn its own precedents
  3. Decisions made by a higher court one binding on lower courts
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8
Q

Courts can depart from “stare decisis” if…

A
  1. the precedent is incorrect
  2. Technological or social changes have rendered the precedent inapplicable
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9
Q

Before the revolutionary war states wanted a government with…

A

A weak national government

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10
Q

What was the first governing doctrine of the US?

A

The articles of confederation

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11
Q

When did e the confederation establish a new form of federal government

A

1787 at the constitutional convention

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12
Q

How much power did the new government have?

A

The federal government hadlimited, enumerated powers delegated by the states.

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13
Q

Which amendment gives the states inherent sovereignty?

A

10th amendment

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14
Q

As a result of the 10th amendment states have what kind of powers

A

Police powers (the ability to regulate certain affairs within their borders)

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15
Q

What does the priveledges and immunity clause do?

A

Prevents states from imposing unreasonable burdens on noncitizens, particularly with regard to basic and essential activities such as legal protection, access to courts, travel rights, and property rights.

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16
Q

What is the separation of powers

A

The three branches of government

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17
Q

What are the three branches of government

A
  1. Legislative branch
  2. Executive branch
  3. Judicial branch
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18
Q

What does the legislative branch do?

A

Create law

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19
Q

What does the executive branch do?

A

Enforces law.

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20
Q

Whet does the judicial branch do?

A

Interprets law

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21
Q

Which branch is most powerful?

A

The executive branch

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22
Q

What’s the point of having three branches

A

To limit the power of all branches

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23
Q

What must be met to have jurisdiction

A

Jurisdiction over the: issue and the person or company

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24
Q

General jurisdiction courts overhear … kinds of cases

A

Any

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25
Q

Limited jurisdiction courts can oversee…

A

Only certain types of cases.

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26
Q

Courts of original jurisdiction are those inwhich

A

The case is decided and heard for the first time –where cases originate.

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27
Q

Courts of appellate jurisdiction ware the power to…

A

Review a prior decision in the same case made by another court

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28
Q

To have standing to sue, a party must have…

A

A legally protected and tangible interest at state in the litigation

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29
Q

Standing has 3 elements:

A

Harm, causation, and redressability

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30
Q

Which of the following is not one of the four main schools of jurisprudential thought?
1) natural law view
2) common law view
3) historical view
4) legal realism view

A

Common law view

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31
Q

Medicrite Inc. makes and sells goods that are substandard. Naomi, who has never bought or used a Medicrite Inc. product, alleging hat its products are detective. The companies best grounds for dismissal of the suit is that Naomi does not have…

A

Standing to sue

32
Q

Whatever powers not specifically assigned to the federal governmentby the US constitution ave reserved to…

A

The state governments or people

33
Q

The sources of law in the American legal system include what?

A

State administrative regulations, executive orders, ordinances

34
Q

A clause in a contract between timber corporation, a as firm, und wang Ltd, a Japanese firm, specifies that disputes over the contract will be adjudicated in the US. This is an example of…

A

A forum selection clause

35
Q

The FTC is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The jackson county board and the peach city council enacts ordinances. Administrative law includes:

A

The rules, orders, and decisions of the FTC.

36
Q

The ___ are orderly compilations of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.

A

Restatements of law

37
Q

Jan and Kyle sign a contract that provides that if a dispute arises, they will submit to arbitration. A dsipute arrises but before it goes to arbitration, Jan files a suit against Kyle. The court will likely…

A

compel arbitration

38
Q

A decision by the EPA on the amount of carbon that can be emitted from a car’s exhaust system conflicts with a California state law. In this situation…

A

The EPA’s decision takes precedence

39
Q

Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through Kentucky. Janette files a suit against Harvey in Kentucky. Regarding Harvey, Kentucky has,

A

personal jurisdiction
(in personam jurisdiction)

40
Q

Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying during discovery:

A

All documents in Flying’s possession relating to the contract

41
Q

The U.S. Supreme Court interprets the Commerce Clause of the U.S. Constitution:

A

as giving virtually complete power to Congress to regulate the economy

42
Q

in Abel v. Baker, a state supreme court held that a minor could cancel a contract for the sale of a car. now a trial court in the same state is deciding Charles v. Delta, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to:

A

allow the minor to cancel the contract

43
Q

Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel’s orchards, Mabel denies loren’s charge and claims that loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel’s claim is:

A

a counterclaim

44
Q

Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legistlaure enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents pay $0. This may violate…

A

The Privileges and Immunities Clause

45
Q

A federal state regulates an employment practice. To resolve a despite concerning the practice, Paula, a judge, will most likely apply:

A

the statute

46
Q

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill’s brand new vehicle. Bill may bring suit in federal district court if…

A

the amount in controversy is over $75,000

47
Q

Java Cafes Inc, and Kaffe Import Corporation dispute a term in their contract. if Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because:

A

the process is not adversarial

48
Q

As a judge, Nina decides cases that involve principles of various sources of law. Common law is:

A

case law

49
Q

If a provision in the Florida state constitution conflicts with a provision in the U.S. constitution:

A

The U.S. constitution takes precedence

50
Q

The requirement that no person be deprived of “life, liberty or property without due process of law” is found in:

A

the Fifth and Fourteenth amendments

51
Q

The U.S. Congress enacts a new federal stature that sets different standards for the liability of businesses selling defective products. This statute applies to…

A

all of the states

52
Q

In a suit against Sandy, Tippy obtains damages. In the U.S. legal system, this remedy at law is:

A

normal

53
Q

If a provision in the Florida state constitution conflicts with a provision in the U.s. Constitution:

A

The U.S. constitution takes precedence

54
Q

A plaintiff is a person against whom a lawsuit is brought

A

FALSE, a plaintiff is someone who initiates a lawsuit.

55
Q

A judge deciding a common law case must look to decisions in prior, similar cases for guidance

A

TRUE

56
Q

Equity is a branch of unwritten law that seeks to supply remedies other than damages

A

TRUE

57
Q

US district courts have original jurisdiction in matters involving federal questions

A

TRUE

58
Q

State courts are independent of federal courts

A

TRUE

59
Q

Service of process is the process of obtaining information from an opposing party before trial

A

FALSE

60
Q

Venue is the term for subject matter of a case

A

FALSE

61
Q

Equal protection means that the government must treat similarly situated individuals differently

A

FALSE

62
Q

Constitutional law includes only the US constitution.

A

FALSE

63
Q

Areas of the law not governed by constitutional, statutory or administrative law are governed by the common law.

A

TRUE

64
Q

A default judgement is entered against a party who fails to respond to the allegations in a complaint.

A

TRUE

65
Q

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts within the state.

A

TRUE

66
Q

Unless it conflicts with the US Constitution or a federal law, a state constitution is supreme within the state’s borders.

A

TRUE

67
Q

The Supremacy Clause of the US Constitution provides that a state law is invalid when it directly conflicts with a federal law.

A

TRUE

68
Q

Concurrent jurisdiction exists when both federal and state courts have the power to hear a certain case.

A

TRUE

69
Q

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

A

TRUE

70
Q

A court can exercise jursidiction over property that is located within its boundaries.

A

TRUE

71
Q

Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.

A

FALSE

72
Q

Under their police powers, states can regulate private activities to protect or promote the public order

A

TRUE

73
Q

The US Constitution is the supreme law of the United States

A

TRUE

74
Q

How judges apply the law to specific disputes may depend in part on their personal philosophical views.

A

TRUE

75
Q

The first amendment allows free speech in any and all circumstances

A

FALSE

76
Q

The federal government can regulate any activity that substantially affects interstate commerce.

A

TRUE

Legal Environment Of Business (1 decks)

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