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Business Law I > Quiz 1 > Flashcards

Quiz 1 Flashcards

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1
Q

The 1st element of the rule of law…

A

the capacity of legal rules, standards, or principles to guide people in the conduct of their affairs (people must be able to understand the law and comply with it)

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2
Q

The 2nd element of the rule of law…

A

efficacy –> the law should actually guide people, at least for the most part

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3
Q

The 3rd element of the rule of law…

A

stability –> the law should be reasonably stable

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4
Q

The 4th element of the rule of law…

A

the supremacy of legal authority –> the law should rule officials, including judges, as well as ordinary citizens

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5
Q

The 5th element of the rule of law…

A

involves instrumentalities of impartial justice –> courts should be available to enforce the law and should employ fair procedures

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6
Q

Amendment 1

A

Religious and political freedom

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7
Q

Malum in se

A

A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law

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8
Q

Malum prohibitum

A

A wrong prohibited; a thing which is wrong because prohibited; an act which is not inherently immoral, but becomes so because its commission is expressly forbidden by positive law; an act involving an illegality resulting from positive law

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9
Q

Rule of Law

A

Government of laws, not people

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10
Q

Key Elements of Rule of Law

A
  • All persons, including the government, are accountable
    under the law;
  • Fair, publicized, broadly understood and stable laws;
  • Fair, robust, and accessible legal process in which rights and responsibilities are evenly enforced;
  • Diverse, competent, and independent lawyers and judges
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11
Q

Preserving the Rule of Law:

A

Elections, Separation of Powers/Checks and Balances and Civil Disobedience

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12
Q

“Common Law” System

A
  • Origins in England
  • Precedent based
  • Court records and case books
  • Very adversarial
  • Jury decides facts
  • Judges apply law from precedent or from statutes, as interpreted by precedent
  • Stare Decisis
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13
Q

“Civil Law” or Code Based System

A
  • Origins in Roman Law
  • Code based
  • Comprehensive code books
  • Less adversarial
  • Judges establish facts
  • Judges then looks at Code
  • Judges more interested in opinions of code drafters and scholars
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14
Q

Key points about Administrative Law

A
  1. Executive Agencies (IRS, FBI, FDA) and Independent Agencies (FTC, SEC, EPA);
  2. Role of enabling legislation;
  3. Rulemaking: Legislative (Mrs. Fields) or Interpretive (stationary source);
  4. Rulemaking: Informal Rulemaking and Formal Rulemaking;
  5. Appeals from agency decisions
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15
Q

Criminal court

A
  • Society is wronged
  • People v. defendant
  • Defendant is prosecuted
  • Prosecutor v defense lawyer
  • Right to counsel
  • Information or indictment
  • Government discloses
  • 12 jurors for felony
  • Unanimous verdict required
  • Beyond a reasonable doubt
  • Guilty or not guilty
  • Sentence: Jail, fine or service
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16
Q

Civil court

A
  • Usually, a person is wronged
  • Plaintiff v. defendant
  • Defendant is sued
  • Two attorneys
  • Lawyers are paid by parties
  • Summons and complaint
  • Both sides take discovery
  • 6 jurors
  • Can be less than unanimous
  • Preponderance of evidence
  • Liable or not liable
  • Award: Damages or injunction
17
Q

Double Jeopardy Rule

A

No one can be prosecuted twice for the same offense (Fifth Amendment)
(Doesn’t prevent a separate civil suit. Why? Separate Sovereigns Doctrine)

18
Q

Separate Sovereigns Doctrine

A

Can prosecute the same person for the same conduct w/o violating the Double Jeopardy Rule

19
Q

Different Burdens of Proof

A

A person can be found not guilty criminally but still found liable civilly:
- preponderance of evidence
- reasonable doubt

20
Q

Jurisdiction

A

Authority over something

21
Q

Subject matter jurisdiction

A

Authority to hear a particular type of case

22
Q

Personal jurisdiction

A

Authority over a case involving certain parties

23
Q

Federal court system (oversimplified)

A

US supreme court (scotus) ← circuit courts of appeal ← US district courts

24
Q

U.S. Supreme Court

A

Each term the U. S. Supreme Court receives about 9000 petitions for cert. asking permission to appeal, and hears
fewer than 100 cases – around 1%

25
Q

NY State Court System (oversimplified)

A

Court of appeals ← appellate divisions (4) ← state supreme court

26
Q

New York State Court of Appeals

A

A small number of appeals can be taken to New York’s highest court as a right. In most cases, a party must seek permission to appeal. Permission was granted less than 6% of the time in 2015

27
Q

Small Claims Court

A
  • Money damages only;
  • Only individuals can start a suit there;
  • Corporations and partnerships can be sued there;
  • Can’t sue to get property back;
  • Low filing fees;
  • Relaxed rules of evidence; informal procedure;
  • Attorneys unnecessary, even for corporations and partnership
28
Q

Forum Shopping

A

Subject Matter Jurisdiction
Personal Jurisdiction

29
Q

Subject Matter Jurisdiction

A

Is the court authorized to hear a particular type of case?
Example: The US District Court (federal trial court) can hear 4 types of cases, including:
- Diversity of citizenship cases
- Federal subject matter case

30
Q

Personal Jurisdiction

A

Does the court have the ability to hear a case involving a particular set of parties?
Example:
- Defendant is physically present in state; or
- Defendant is incorporated in the state; or
- Defendant is subject to long-
arm jurisdiction.
(On your way to Myrtle Beach)

31
Q

How Lawsuits are Commenced

A

Cases started by filing with court; Then a summons issues, and is served on other side along with a complaint.

32
Q

How are Companies Served?

A

Personal Delivery;
Secretary of State
CT Corporation or other agent

33
Q

Default Judgment

A

If no response within specified time, you risk a default judgment entered against you;

34
Q

Common Civil Motions

A

Summons and Complaint Served = Motion to Dismiss*
Answer Filed and Discovery Begun = Discovery Conferences/Motions
Discovery Over = Motion for Summary Judgment
Trial Underway = Motion for a Mistrial
Plaintiff’s Case Ends = Motion for Directed Verdict
Jury Announces Verdict = Motions for Judgment NOV and New Trial

35
Q

Major Types of Discovery

A
  • Interrogatories
  • Document Production E-discovery (predictive coding)
  • Depositions
36
Q

Range of Appeal Outcomes

A
  • Permission to Appeal Denied
  • Decision Affirmed
  • Decision Modified
  • Decision Reversed
  • Decision Reversed or Modified, and Case Remanded
37
Q
A

Business Law I (6 decks)

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