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BLaw > Exam 1 Study Guid > Flashcards

Exam 1 Study Guid Flashcards

1
Q

What is a bill

A

Draft or proposed statute that a legislature has not yet passed or the executive has not yet approved

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2
Q

What is a statute

A

created by legislative body
Levels: federal statutes, state statutes, ordinances (local government)
A written law passed by a legislative body

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3
Q

What is an ordinance, and what types of issues do ordinances generally regulate

A

Statutory law applying to local government
Passed by local government to regulate local issues (zoning ordinances)

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4
Q

What is the common law

A

Essentially law made by the courts, i.e, law that has not specifically been passed by the legislature but is based ont he fundamentals of previous cases that had similar facts

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5
Q

What is administrative law

A

Authorizes the exercise of authority by executive branch and independent agencies
Agencies: administer details of statutes, have broad powers to impose regulations, make policy, and enforce law in designated area

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6
Q

What is the difference between substantive law and procedural law

A

Substantive is iindividual rights and duties
Procedural is structre of rules for pursuing rights

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7
Q

What system of law is the U.S. system of common law derived from

A

English legal doctrines. A comvination of constitutional law, statutory law, administrative law, and common law

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8
Q

Can a person be prosecuted criminally and sued civilly for the very same act

A

yes

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9
Q

What is the difference between money damages and specific performance

A

Remedy at law is general like money damages
Specific performance is equitable relief and awarded by a court to “make a party whole”

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10
Q

What is the difference between primary and secondary sources of law

A

Primary law is generally a combination of constitutional law, statutory law, administrative law, and common law at the federal, state, and local levels
Secondary law has no independent authority or legally binding effect by are often used to assist courts (restatements of law, model state statutes)

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11
Q

How did the U.S. Supreme Court rule in SOuth Dakota v. Wayfair, inc. (2018)

A

In favor of South Dakota allowing states to require online retailers to collect sales taxes on in-state sales.

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12
Q

What does the categorical imperative test consist of

A

what if everybody took that same action

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13
Q

What is the broadcast news test

A

How would I feel if the business decision was announced to the public on social media or the local and national news

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14
Q

What three aspects of justice does the popular depiction of justice in Lady justice represent

A

Ethics, justice, and law

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15
Q

what are morals

A

Generally accepted standards of right and wrong in a given society or community

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16
Q

How does the narrow view of Milton Friedman on corporate social responsibility differ from the moderate and broad views of corporate social responsibility

A

Narrow view=greed is good
Moderate and broad= just follow the law and good corporate citisenship and social license to operate

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17
Q

What reporting obligations do all employees have under an effective values management program

A

ethics violations

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18
Q

what is a compliance department

A

Unit whitin an organization staffed by lawyers and nonlawyers that helps the organization follo rules and regulations and maitain the company’s overall culture and spirit of values and ethics

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19
Q

What is the difference between the principles-based approach, the consequesnces-based approach, and the contract-based approach to ethical decision-making

A

Consequences: the greatest good for the greatest number of people, less harmfull consequences for majority of community
Contract: imagines the world in which people must negotiate their own ethical rules and principles
Principles: based on general or universal morals like religion, virtue, natural law, and duty-based ethics

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20
Q

What is the triple bottom lines

A

Conventional creation of economic value (profit) + creation (or destruction) of environmental and social value

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21
Q

According to the U.S. House of Representatives report on MF Global, what type of environment did John Corzine create in the company

A

Where no one could challenge his decision

22
Q

How many Amendments are in the Bill of RIghts to the U.S. Constitution

A

10

23
Q

What does the preamble of the U.S. Constitution do

A

More perfect union, justice, domestic tranquility, national defense, general welfare, liber

24
Q

The power to impeach and remove is a check-and-balace power of which branch of government

A

legislative branch

25
Q

Which amendment to the U.S. Constitution contains the Equal Protection Clause

A

14th amendment

26
Q

Which article of the U.S. Constitution establishes the legislative branch, which article established the executive branch, and which articleestablishes the judicial branch

A

Legislative: article 1
Executive: article 2
Judicial: article 3

27
Q

WHich level(s) of government has/have the power to declare war

A

article 1= legislative, congress

28
Q

What is the rule regarding whether the federal government may regulate commerce that takes place purely within a single state’s borders, and if so, under what circumstances

A

Commerce Clause provides that the activity is part of a larger interstate of commercial

29
Q

For purposes of the Fourth Amendment to the U.S. Constitution, when does a search occur

A

Governmental employee or government agent violates individual’s reasonable expectation of privacy

30
Q

What is the difference between the two major theroies of constitutional interpretation

A

Originalism: fixed and stable meaning of words in constitution until and unless formally amended under Art. v.
Living constitution: consitution is not fixed or static but rather dynamic and flexible

31
Q

Which courts set precedent

A

Supreme court

32
Q

Which courts render decisions binding only on the parties involved in a dispute

A

small claims court

33
Q

What is venue

A

Defines the most appropriate location of the trial

34
Q

What is an example of a situation in which a defense attorney might request a change of venue

A

Very high-profile criminal cases to help select a jury from outside the area where the crime was committed under the theory that the out-of-area jury will be more impartial and less influenced by media

35
Q

How are federal judges appointed

A

Have lifetime appointments, unless removed through impeachment process

36
Q

What is subject matter jurisdiction

A

Authority over dispute.
GIves courts the power to hear and decide specific types of cases

37
Q

What are the points along the zippo sliding scale and what does each point correspond to in terms of establishing minimum contacts for personal jurisdiction

A

Passive: no personal jurisdiction. passive website that provides information that can be accessed by internet users (billboard advertisement)
Interactive: case-by-case. Webside provides some interactive function whereby users may exchange info, purchase, or download
Intergral to Business Modes: minimum contacts established. use of the website is in integral part of the business model and the website is used to commercial transactions (amazon.com)

38
Q

Where is venue ordinarily located in a criminal case

A

Where crime is commited

39
Q

What is long-arm statute

A

allows for a court to obtain personal jurisdiction over an out-of-state defendant on the basisi of certain acts

40
Q

What is the difference between a plaintiff and a defendant

A

Plaintif: brings lawsuit
Defendant: alleged violator

41
Q

What type of authority can a court look to when it encounters a case of first impression where there is no binding authority

A

Persuasive authority or seek guidance from other jurisdiction

42
Q

How did the U.S. Court of APpeals for the Fifth Circuit rule in Clemond v. McNamee (2010)

A

Ruled in favor of Clemons’ defamation lawsuit. Affirmed that McNamee was not subject to suit in Texas

43
Q

What are the four primary methods of discovery

A

deposition, interrogatories, request for admision, request for the production of documents

44
Q

What happens if the defendant fails to respond to the complaint and summons in a civil case within the proper time limit

A

Defendant is in default and the court can enter a default judgment

45
Q

What are the four primary methods of Discovery

A

Deposition, interrogatories, requests for production of documents, requests for admission

46
Q

What is mediation

A

The process where a neutral third party, called a mediator, helps people in a sipute reach a mutually accepted resolution

47
Q

What is the difference between a counter claim and a cross-claim

A

Counterclaim: a defendant files a counterclaim against the plaintiff in response to the plaintiff’s claims
Cross-claim: a party files a crossclaim against another party who is already involved in the lawsuit

48
Q

What is the bench trial

A

A judge acts as both the fact-finder and the law-giver

49
Q

What is voir dire

A

A preliminary examination of a witness or a juror by a judge or counsel

50
Q

What is binding arbitration

A

Is a contractual agreement that requires parties to settal a dispute using a neutral third party

51
Q

How did the U.S. Supreme Court of APpeals for the Second Circuit rule in National Football League Management Council v. Brady (2016)

A

The arbitration process was conducted properly and overturned the discrtict court’s ruling that Brady had been denied for hearing

BLaw (3 decks)

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