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Law and Ethics Mid Term > Mid Term > Flashcards

Mid Term Flashcards

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1
Q

What are the 3 branches of Gov and what do they do?

A

Legislative: enact/create the law;
Judicial: Interpret and determine validity of the law; Executive: enforce the law

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2
Q

What are the 8 Hierarchy of Laws?

A
  1. US Constitution
  2. US Treaties (President and 2/3 Senate approval)
  3. Codified Law of Congress
  4. Regulations and Orders of Federal Admin Agencies
  5. State Constitutions
  6. State Codified Law
  7. State Admin Agencies, Reg and Orders
  8. Local Law
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3
Q

What forms common law?

A

Cases and legal principles

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4
Q

What constitutional clause forbid government from having state sponsored religion?

A

The Establishment Clause (Displaying Buddhist symbols in city hall)

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5
Q

Procedural Due process has what 2 elements?

A

Right to notice

Hearing opportunity

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6
Q

What amendment has the equal protection clause and what is it?

A

The 14th amendment and protects everyone within the jurisdiction in which they are treated equally fair.

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7
Q

What is the most informal type of alternative dispute resolution?

A

Negotiation

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8
Q

Can a judge dispose of issues before trial without a jury? What is it called?

A

Yes, Summary judgement

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9
Q

Pleadings in a lawsuit include which of the following? I. Defendant’s Answer, II. Supreme Court precedent, III. Plaintiff’s Complaint.

A

Defendants answer

Plantiff’s complaint

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10
Q

What is the jury questioning process called?

A

Voir dire

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11
Q

What is not a pre-trial litigation discovery?

A

Affidavit

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12
Q

What is a “split in the circuits?”

A

Two different circuits give two different decisions.

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13
Q

What is the name of the court that handles dead people’s assets?

A

Probate Court

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14
Q

What is case law?

A

law made by appellate judges

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15
Q

What is legal precedent?

A

Court decision that is an authority for deciding subsequent cases with same or similar facts

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16
Q

The phrase ordinance indicates what?

A

law passed by municipal (city) or county government. Basically a local law.

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17
Q

What is uniform laws/model statutes?

A

Laws made for uniformity and consideration of adoption by states.

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18
Q

What is Stare Decisis?

A

A higher courts binding decision on a lower court IN THE SAME JURISDICTION.

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19
Q

What are the two determinations in a court system?

A

Fact

Law

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20
Q

What is the court system Hierarchy?

A

Special Federal courts, trail court level, US District Courts (lowest);
US Court of Appeals
US Supreme Court (highest)

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21
Q

What is the commerce clause?

A

regulation of interstate commerce and intrastate commerce (if it “substantially affects” interstate commerce).

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22
Q

What is an arbitrator

A

Person who decides the case and issues an award

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23
Q

Which statute allows a court to compel an out-of-state defendant to appear in the court?

A

Long arm statute

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24
Q

How may Congress create an administrative agency and delegate to the agency certain limited powers?

A

by Passing an enabling statute

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25
Q

If a federal administrative agency asserts a company has violated a regulation, how may the agency resolve that violation?

A

agency adjudication by an ALJ or settlement

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26
Q

Which of the following is NOT true about an administrative law judge (ALJ)?

A

The ALJ is also the lead investigator with the agency

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27
Q

When Congress enacts a new statute, Congress often uses general language, leaving the specific implementation of the statute to

A

an administrative agency

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28
Q

Which type of Corporate Social Responsibility analysis considers the impact of decisions on shareholders and on others such as employees, customers, creditors, suppliers, and the community?

A

Stakeholder view

29
Q

anti competitive behavior, how many answers?

A

at least 3. answer is all.

30
Q

Which of the following issues are addressed in a lawsuit to determine whether monopolization has occurred? I. Define geographic and product market, II. Determine whether defendant has dominant market share, III. Identify whether willful act of monopolization has occurred, IV. Identify competitors colluding in the restraint of trade.

A

1, 2, and 3.

31
Q

Which part of government sets the specific numeric standards regulating air quality under the Clean Air Act?

A

The EPA

32
Q

XYZ Co. released pollution which damaged Fred’s farm. What type of claim(s) may Fred make against XYZ Co.?

A

Private Nuisance, negligence, and strict reliability lawsuits

33
Q

Assume that a federal administrative agency levied a $5,000,000 fine against XYZ Co. If XYZ Co appeals this case to the federal court what will happen?

A

The court will give great deference (preference) to the decision of the agency

34
Q

What is a “partisan balance requirement?”

A

a rule limiting the President’s power of appointment to multimember boards and commissions so that s/he cannot appoint more than a simple majority from a single party

35
Q

The Administrative Procedures Act (APA) notice-and-comment rules apply to which type of agency action?

A

creating regulations

36
Q

Which website publishes notice of proposed regulations from all federal agencies?

A

federalregister.gov

37
Q

What are the three basic functions administrative agencies may perform?

A

Rulemaking, Enforcement (investigating), Adjudication

38
Q

XYZ Co. wants its own scientists to examine data used by the EPA in creating air quality regulations. How may XYZ Co. gain access to that data?

A

File a Freedom of Information Act request that the EPA disclose the records

39
Q

What is the delegation doctrine?

A

This gives power to Congress to create administrative agencies

40
Q

The EPA has authority to regulate which of the following? I. Pesticides, II. Herbicides, III. Insects, and IV. Toxic chemicals.

A

I; Pesticides, II Herbicides, and IV Toxic Chemicals only

41
Q

The Sherman Antitrust Act of 1890 looks to outlaw what?

Is a violation of this act criminal?

A

the restraint of trade. Think monopolies.

IT can be.

42
Q

A court may overturn a regulation passed by an agency if the court finds that the regulation is:

A

arbitrary and capricious

43
Q

Ron owns 100 shares in a closed corporation. The corporation manufactures a product that turns out to be very dangerous. Many plaintiffs win judgments against the corporation and the judgments quickly exceed the corporation’s ability to pay. May the unpaid plaintiffs seize Ron’s assets to pay the judgments?

A

No, owners of a corporation have limited liability and are not personally liable for the debts of the corporation

44
Q

Which of the following types of business entity has these characteristics: single owner, taxed only at owner level (not at entity level), and owner has full personal liability for debts of the business?

A

Sole Proprietorship

45
Q

Sam and Mary formed a general partnership for their catering business. While driving the partnership’s catering van to a catering event, Sam caused an accident resulting in $1,000,000 liability for the partnership. If the partnership does not have enough money to pay the debt, which of the following may happen?

A

Mary’s personal assets may be seized to pay the partnership debt.

46
Q

A video this week explained an Arkansas data security law. That law requires that businesses maintaining personal information data undertake ________________ security measures to protect that data.

A

reasonable

47
Q

Dr. Thomas received negative anonymous reviews on doctor.com. Dr. Thomas asserts these reviews are defamatory. May Dr. Thomas uncover the true identity of these anonymous reviewers?

A

t is likely a court would order the internet service provider (ISP) to turn over the identities of the anonymous reviewers.

48
Q

What is the fair use doctrine?

A

freedom of expression under certain circumstances

49
Q

You have successfully invented a new holographic television. Your marketing department creates a very clever television advertisement to promote the holographic television. Is the television advertisement a type of intellectual property?

A

Yes, it is a COPYRIGHTED intellectual property.

50
Q

Trademark identifies the _____________ of goods.

A

SOURCE

51
Q

Accountants must retain “working papers” (documents used and developed for an audit) for a specific time period. Under the Sarbanes-Oxley Act, if an accountant knowingly violates this retention requirement what may happen?

A

The accountant may be fined and/or imprisoned up to 10 years.

52
Q

Trademarks may be registered with which governmental entities?

A

U.S.P.T.O. for national recognition or with a state’s secretary of state office for recognition in that particular state.

53
Q

ne purpose of the Lanham Act of 1946 was:

A

to protect makers of a product from losing sales to competitors using similar trademarks

54
Q

Patent holders have which rights with regard to their invention? I. exclusive right to make, II. exclusive right to use, III. exclusive right to sell.

A

1,2,3.

55
Q

Has the U.S. Congress passed any laws to protect the privacy of individuals?

A

Yes, e.g. the Health Insurance Portability and Accountability Act

56
Q

Who rules on questions of law?

A

Only a judge

57
Q

Plaintiff Mary won a $10,000 judgment against Defendant Tom. Tom refuses to pay. What may Mary do?

A

Pursue collection remedies, such as garnishment and execution of judgment (including seizing Tom’s non-exempt assets and selling the assets)

58
Q

What are the requirements for a federal trial court to exercise diversity of citizenship subject-matter jurisdiction?

A

The parties to the lawsuit must be from different states and the amount in controversy must exceed $75,000.

59
Q

XYZ Co. fired my neighbor because of her religion. I was offended, but not harmed, by the action of XYZ Co. May I sue XYZ Co. for wrongfully firing my neighbor?

A

No because lack of standing

60
Q

What if a statute passed by the U.S. Congress conflicts the U.S. Constitution?

A

The U.S. Supreme Court can exercise the power of judicial review and strike the law as “unconstitutional.”

61
Q

In April, 2011, New York City regulators passed a law requiring buildings to convert to cleaner forms of heating fuel by 2015. What was the result?

A

Thousands of buildings ceased using No. 6 oil (the dirtiest fuel used in NYC in 2011) and converted to cleaner fuel by the 2015 deadline.

62
Q

Which type of ethics examines the impacts of a decision on society or on certain stakeholders?

A

Outcome-based ethics

63
Q

The Clayton Act outlaws mergers which:

A

have the effect of substantially lessening competition

64
Q

May an administrative agency be abolished?

A

Yes, just as Congress may pass an enabling statute to create an agency, Congress may pass a statute to abolish an agency

65
Q

Which of the following is a way administrative agencies may benefit government?

A

May employ scientists and experts able to conduct in-depth analysis and develop detailed regulations.

66
Q

The Government in the Sunshine Act applies to administrative agencies and is also called

A

the open meetings law.

67
Q

What has occurred if an industry exercises undue influence over the agency tasked with being an industry watch-dog?

A

agency captured by industry

68
Q

Which of the following is required to form a general partnership?

A

None

Law and Ethics Mid Term (3 decks)

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