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Murphy Business Law Exam 1
Terms in this set (77)
Where do laws come from?
-Uniform Law (NCCUSL)
-Uniform commercial code
-"Supreme Law of the Land"
-Judge Made Law, made up of all the decisions made by appellate courts
-predominates in tort, contract, and agency law; is important in employment and property law
-based on stare decisis
-incorporates flexibility and predictibaility
-Law made by an agency (child support)
-Federal, State, and local agencies
Courts of Law
Courts of Equity
Non-monetary relief based on "notions of justice and fair dealing"
Defendant; defending case
Plantiff; who brings the suit
-"to stand on decided cases"
Decisions made by a higher court are _________ on lower courts.
Statutory law surpasses common law
Common law covers transactions not covered by statutory law
Defines and creates the rights and obligations of persons and governments.
Provides the steps one must follow in order to avail oneself of ones legal rights or enforce another's legal obligation.
Deines the rights between individuals or individuals and governments.
defines an individual's obligations to society as a whole.
to speak the law
Jurisdiction IN REM
Gives court power to decide issues relating to property, whether the property is real, personal, tangible, or intangible.
Jurisdiction LONG-ARM STATUES
General session courts in Tennessee cannot hear ________ cases over $25,000
Jurisdiction over subject matter
TN. Supreme circuitF
circuit/ chancery (general jurisdiction)
Exception: diversity of citizenship
Federal Courts: Diversity Cases
-Parties are from different state
-Amount greater $75,000
Both federal and state jurisdiction
"Standing" to bring a lawsuit
"Stake" in the controversy
-Motion for judgement of the pleadings
-Motion for summary judgement
Common alternative dispute methods: Mediation
-advantages: few rules, customize process, parties control results (win-win)
-disadvantage: mediator fees, no sanctions or deadlines
Common alternative dispute methods: Arbitration
-neutral 3rd party renders a legally-binding decision
-arbitrator is an expert or well respected gov. official
Common alternative dispute methods: Negotiation
-less than 10% cases reach trial
-"meeting of the minds"
Regulatory Powers of States
-Police Powers: Order, safety, morals
The commerce clause
-"can regulate substantially affect interstate commerce"
-Fed. can regulate interstate if can affect intrastates
-expansion of Powers: if has to do with interstate racism
-"supreme law of the land"
-all laws to the contrary are withstaken
Surpremacy clause & federal preemption
-direct conflict between state/federal: state is invalid
-Preemption: occurs when congress chooses when national & state governments have concurrent powers
First Ten Amendments to the United States
Bill of Rights
What amendment corporate the bill of rights to the states?
Freedom of Speech: Content-Neutral Laws
-Time, Place, Manner
-let kkk have park
Freedom of Speech: Compelling state interest
-cant talk about abortion
-cant wear shorts in court
Freedom of Speech: Corporate Political Speech
Citizens United v. Federal Election Commission (2010)
The supreme court ruled that corporations can spend freely to support or oppose candidates for president or congress.
What are the 2 parts under the first amendment?
-"establish" a religion
-"free exercise" of religion
Freedom of Religion
Employers must reasonably accommodate beliefs as long as employee has sincerely held beliefs
Searches and Seizures (4th amendment)
-Require search warrants to have "probable cause"
-General searches through personal belongs are illegal
-Search warrants must be specific
Procedural Due Process (fairness)
-Any government decision to take life, liberty or property
-You have the right to know any law suit brought against you
Substantive Due Process
The right itself
Government must treat similarly situated individuals in the same manner
Internal stake holder
External stake holder
Ex: student at tech
Why is studying business ethics important?
-Profit maximization: most efficient allocations of scarce resources
-Rise of Corporate Citizenship
Importance of Ethics in making business decision
Image is everything
What you have to do to get away as the law
-Derived from religious and philosophical principals
-Motive is irrelevant
-if everybody in the world made this decision would the decision be a good one?
-The rightness or wrongness of an action
Outcome-Based Ethics: Utilitarianism
-Judging what would be the most amount of people
-If it affects the majority adversely, it is morally wrong
-Determination of individuals affected
-Choice among alternative actions
Corporate Social Responsibility
-The idea that those who manage corporations should be accountable to society for their actions
-Way of doing business
Types of Agencies:
-Independent Regulatory Agencies
Agency Power and the Constitution: Exhaustion Doctrine
Party seeking court review must first exhaust all admin. remedies before suing
Agency Power and the Constitution: Ripeness Doctrine
Court will not review admin. decisions until it is "ripe" for review
Arbitrary & Capricious Test
Freedom of Information Act
Requires federal government to disclose records on request, but denial can be challenged in court
Government in the Sunshine Act
-Requires that "every portion" of every meeting be open to "public observation"
-Adequate notice of meetings
-Closed meetings authorized only in a limited number of instances
_________ passed a law that makes something a crime
How long do you serve for a misdemeanor and felony?
-1 yr. or greater; lose certain civil rights
Exception legislation can remove criminal act
What is not a defense?
What is a defense?
you can defend a person to the extent they could have defended themselves
Criminal trials must have ________ verdict
Beyond reasonable doubt
Standards for criminal trials are higher than for civil trials.
Chain of Custody
-Can't be a break in the chain of custody
-Ex: blood work
To be pulled over
Must have reasonable cause
To be arrested
If grand jury charges
Inditement is not charged=true bill
can't be tried twice for same criminal act
The six rules
1. Evidence must be gathered
2. The evidence must be testimonial
3. The evidence must have been obtained while the suspect is in custody
4. The evidence must have been a product of interrogation
5. The interrogation must have been conducted by state-agents
6. The evidence must be offered by the state during a criminal prosecution
-doesn't apply in civil cases
The exclusionary rule
The government doesn't get the fruit of the poisonous tree
"If don't have deadbody in the room can't use it as a evidence if you don't have warrant"
The acronym for the federal law that student educational records are to remain private:
A broker received an earnest money deposit from a buyer. Under Colorado law, the broker should
T or F: Purely intrastate activities can be regulated by the federal government if they have a substantial effect on interstate commerce.
Techcone and Randall Industries consolidate to form Rancone, Inc. In order for title and property to pass from Techcone and Randall Industries to Rancone, Inc.:
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