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Business Exam 1
Business
Answer | Question |
---|---|
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions | Stare decisis |
The body of law enacted by legislative bodies | Statutory Law |
The body of law created by administrative agencies, in the form of rules, regulations, orders and decisions, in order to carry out their duties and responsibilities | Administrative Law |
A federal of state government agency established to perform a specific function. They are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts | Administrative Agencies |
The branch of law dealing with the definition and enforcement of all private and public rights, as opposed to criminal matters. | Civil Law |
a proposition is more likely to be true than not true. | Preponderance of Evidence |
Law that defines and governs actions that constitute crimes. Generally it has to do with wrongful actions committed against society for which society demands redress | Criminal law |
The proposition being presented by the government must be proven to the extent that there is no reasonable doubt in mind that the defendant is guilty | Beyond a reasonable doubt |
enforceable rules governing relationships among individuals and between individuals and their society | Law |
social responsibility of business | Stakeholders approach |
The idea that corporations can and should act ethically and be accountable to society for their actions | Corporate Social Responsibility |
What you did that perhaps you shouldnt have | Error of Commission |
what you didnt do that you should have | Error of Ommission |
universalizability, reversibility Religious, humanistic, compassionate do unto others as they do unto you | Duty Based Ethics |
The Greatest good for society or the greatest good for the greatest amount of people | Jeremy Bentham Utilitarianism |
all about the consequences | teleological |
The authority of a court to hear and decide a specific case | jurisdiction |
To go to trial in the geographical location of the person who wronged you | In Personam |
to go to trial in the area in which the property is owned by the person who wronged you | In Rem |
state can assert power over an individual simply based on the fact that they own land somewhere | Quasi In Rem |
A state statute that permits a state to obtain personal jurisdiction over nonresidential defendants. A defendant must have certain "minimum contacts" with the state for the statute to apply | Long Arm Statute |
If there is a dispute, no matter where you are, you agree to use the laws specific to a certain state | choice of laws provision |
agreement to come to a specific state to file a lawsuit | forum selection |
waive the right to a jury trial | jury waiver provision |
substantial business conducted over the internet and possibly passive advertising | Sliding Scale Standard |
The geographical district in which a legal action is tried and from which the jury is selected | Venue |
Trial courts of limited and general jurisdiction, courts of appeal and highest level of court sometimes known as supreme court | State Court System |
county, district, superior, or circuit courts & small claims court | Trial Level State Court |
3/4 of the states have intermediate appellate courts do not conduct new trials panel of 3 or more judges reviews the record of the case on appeal | State Appellate Courts |
decisions of each states highest state court are final on all questions of state law only when issues of federal law are involved can a decision be made by a state's highest court overruled by the United States Supreme Court | Highest State Courts |
Judge made laws | Common Law |
Rituals, Habits, public opinion, religion, sentiment | customs |
any commerce that concerns more than 1 state and it has a real and substantial relationship to the national interest is a federal concern | 1964 Heart of Atlanta Motel |
There are at least one of these in every state there are 94 total | U.S. district Court |
County, district, superior or circuit courts small claims court limited jurisdiction | Trail Level state court |
The testimony of a party to a lawsuit or a witness taken under oath before a trail | Deposition |
Questions asking one to admit or deny specific allogations | Request to admit |
Request to see certain documentation. Can be asked from both plaintiff and defendant. | Notice to produce. |
The pleading made by a plaintiff alleging wrong doing on the part of the defendant, when filed it initiates a lawsuit | complaint |
A federal or state statute setting the maximum time period in which legal action can be brought or certain rights enforced. | Statute of Limitation |
A motion requesting the court to enter a judgment without proceeding a trial. The motion can be based on evidence outside of the pleading and will be granted only if there is no facts in dispute. | Motion for Summary Judgement |
A document informing a defendant that a legal action has been commenced against him or her and the defendant must appear in court on a certain date to answer the plaintiffs complaint. the document is delivered by someone with proper authority. | Summons |
Jurisdiction that exists when two different courts have the power to hear a case There must be over 75,000 involved | Concurrent Jurisdiction |
to bring a case before the supreme court, a party must request that the court issue this statute. | Writ of Centiorari |
to bring a case before the supreme court, a party must request that the court issue this statute. | Writ of Centiorari |