Exam 1 Flashcards
Chapters 1-5
Is there a difference between when conduct is a criminal violation or civil violation?
Criminal- Violates law established by a governing body
Civil- Violates a legal duty that harm society as a whole
What does Stare decisis refer to in US state and Federal law?
“To stand by things decided.”
What are examples of laws promoting equality?
- Civil Rights Act of 1964
- Voting Rights Act of 1965
- Americans with Disabilities Act (ADA)
- Equal Pay Act of 1963
- Marriage Equality Laws
What can be considered to not be part of the United States Code?
- State law
- Regulations
- Executive order
- Court decisions
- Temporary Laws
- Bills and Resolutions
What are legal equitable remedies and where may they be sought by legal actions?
- Injunctions
- Specific Performance
- Rescission
- Reformation
What is the UCC and where has the UCC been adopted?
Set of standardized laws designed to regulate commercial transactions in the United States, adopted by all 50 U.S. states.
What are uniform laws and where may they in enforced?
Uniform Commercial Code (UCC): Regulates commercial transactions, adopted by all 50 states.
Uniform Probate Code (UPC): Provides a standardized approach to probate law.
Uniform laws can be enforced in state courts and often apply to matters such as contracts, commercial transactions, and wills.
What is constitutional law and where are they found?
Constitutional law refers to the body of law that interprets and applies the U.S. Constitution and the constitutions of individual states. (U.S. Constitution, State Constitutions, and Court Decisions)
What are the levels of offense and consequence to a chemical spill according to the EPA
Tier 1: Minor Spills
Tier 2: Moderate Spills
Tier 3: Major Spills
Consequences: Civil, Criminal, Corrective, Restoration
Does practicing good business ethics guarantee any benefit?
Yes, practicing good business ethics generally leads to benefits such as enhanced reputation, customer trust, employee satisfaction, legal compliance, and long-term profitability. However, while ethical behavior increases the likelihood of success, it does not guarantee immediate financial gain or protection from challenges.
Is an unethical behavior the same as illegal behavior?
No, unethical behavior is not always illegal. Something can be unethical but still legal (e.g., lying to a friend), while illegal actions violate laws and are punishable by authorities. However, unethical behavior can sometimes lead to illegal activity.
Conducting business in an ethical manner can provide what benefits?
- Enhanced Reputation
- Customer Loyalty
- Employee Satisfaction
- Legal Compliance
- Long-term Profitability
- Competitive Advantage
Is allowing someone outside your business organization to have a false impression criminal?
If it’s misleading but not fraudulent, it may be unethical but not illegal.
If it involves intentional deception for financial gain, it could be criminal (e.g., false advertising, securities fraud).
What would be a situation where a business adopts a code of warning about their product?
- Pharmaceuticals
- Tobacco Products
- Chemical Products
- Food Products
- Electronics & Machinery
What are examples of a business following a philosophy of social responsibility?
- Sustainable Practices
- Charitable Giving
- Employee Well-being
- Community Engagement
- Ethical Sourcing
What would best describe ethics in international businesses?
Fair, honest, and responsible practices across different cultures and legal systems, including respecting human rights, avoiding corruption, ensuring fair labor practices, and following environmental regulations
Are there groupings of ethical thought that you would describe as opposites?
Relativism vs. Absolutism – Relativism argues that ethics depend on culture or context, while absolutism holds that moral principles are universal.
What was the usual statement about the acts of the Enron Corporation?
It engaged in massive accounting fraud and corporate deception, using unethical financial practices to hide debt and inflate profits
What happens when an appealed case is remanded to the lower court?
Higher court sends it back for further action. The lower court may need to hold a new trial, reconsider evidence, correct legal errors, or apply new legal guidance based on the higher court’s decision.
What are the parties named when a case is appealed to the appeals court level?
Plaintiff or defendant
Is an unanimous vote necessary for U.S. Supreme Court decisions?
No because majority vote is needed to decide a case
What is an In personam jurisdiction?
“Against the person,” refers to courts’ power to adjudicate matters directed against a party.
What is the general trial court of the federal court system?
US District Courts
How are cases referred under the federal subject matter jurisdiction?
- Diversity Jurisdiction
- Federal Question Jurisdiction
- Supplemental Jurisdiction
How many federal district courts are there?
3
How does a writ of certiorari apply in US laws and courts?
A formal request to a higher court, like the Supreme Court, to review a decision of a lower court, allowing the higher court to examine the case and potentially overturn the lower court’s ruling.
A small claims court has what unique characteristics?
- Limited Jurisdiction
- Simplicity and Speed
- No lawyers required
- Relaxed Rules of Evidence
- Informal Hearings
- Limited Appeals
Which courts would conduct a trial for violation of the Foreign Corrupt Practices Act?
- Department of Justice
- Securities and Exchange Commission
What is required to begin a lawsuit?
- File a complaint
- Complaint Content
- Serving the defendant
- Jurisdiction and Venue
- Filing fees
- Demand letter
Are statutes of limitations the same for every situation?
No, varies depending on nature of offense.
What are examples of equitable remedy?
- Specific Performance
- Injunctions
- Rescission
- Rectification
- Equitable Estoppel
- Constructive Trust
What is the exact meaning of Veir Dire?
“To speak the truth”
What are examples that are not equitable relief in a court case outcome?
- Monetary damages
- Legal determinations
What is a counterclaim and which side of the court action would make a counterclaim?
A counterclaim is a claim for relief filed by the defendant against the plaintiff in the same lawsuit, essentially a “counter-suit” within the original case. The defendant is the party who would make a counterclaim.
What must happen for a default to happen?
When a party fails to respond to a lawsuit or court summons within the required timeframe
What is the requirement for the granting of a summary judgement?
Shows that there is no genuine dispute as to any material fact
Explain how a peremptory challenge would apply in a court case.
Allows a party to dismiss a potential juror without needing to provide a reason, but its use is limited and cannot be used to discriminate based on race, ethnicity, or sex.
What does the phrase “jury instructions” mean exactly?
To tell the jury what the laws are that govern a particular case
Does the executive branch of the federal government have enforcement authority?
Yes
Does the Bill of Rights cover the right to freedom of speech?
Yes, in the 1st amendment.
The Commerce Clause authorizes Congress the power to do what?
“To regulate commerce with foreign nations, among states, and with the Indian tribes.”
What section or sections of the US Constitution establish judicial branch of government?
Article III
How does the Supremacy Clause apply to Congress’s actions?
Addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself.
What is a requirement for a valid state tax to be created?
Some link between a state and the person, property, or transaction.
What are the general principles and applications of the police power of the states?
Principles:
- Reserved Power
- Constitutional Limits
- Balancing of Interests
- Reasonableness
- Public Interests
Applications:
- Public Health
- Public Safety
- Morality
- General Welfare
In an administrative proceedings, procedural due process requires what elements of actions?
- Notice
- Opportunity to be heard
- Neutral decision-maker
- Right to present evidence
- Right to counsel
- Decision based on the record
- Record of proceedings
- Written findings of fact and reasons
Is the supremacy clause part of the amendments to the U.S. Constitution?
No, it is under Article VI paragraph 2 of US Constitution
Which two amendments to the U.S. Constitution specifically provide for equal protection?
5th and 14th amendment
