Business Law Test 1

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What is the science or philosophy of law; law in its most generalized form?
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Terms in this set (30)
A court's power to render a decision affecting the rights of the specific persons before the court?In Personam JurisdictionWhat enables the court to serve defendants outside of the state as long as the defendant has sufficient "minimum contacts" within the state and it seems fair to assert long-arm jurisdiction?Long-arm StatutesUnder what form of subject matter jurisdiction do both state and federal courts have jurisdiction?Concurrent Federal JurisdictionWhat case established the power of judicial review?Marbury v. MadisonWhat is the name of the document that starts a civil lawsuit that is filed by the plaintiff with the court?ComplaintWhat is the informal bargaining process where the disputing parties attempt to resolve their differences?NegotiationWhat is the name of the contract clause that mandates that all disputes arising under the contract be settled by arbitration?Binding Arbitration ClauseWhat is the process where disputing parties select a neutral party, often an expert, to facilitate communication and suggest ways to resolve a dispute?MediationWhich form of ADR allows the parties to preserve their relationship throughout dispute, get a better understanding of opposing views, provides the potential for creative solutions, is nonadversarial, less expensive, and less time-consuming than litigation?MediationUnder what circumstances can an arbitrator's award be set aside by the court?Only if one of the four grounds set forth in the Federal Arbitration Act are present.Which Amendment provides that government cannot take private property for public use without just compensation?The Fifth AmendmentA government with authority divided between the federal and state governments is known as what?A Federalist SystemWhat clause of the constitution serves as the primary authority for the federal regulation of business?The Commerce ClauseWhat is the name given to the restriction of a state's authority to pass laws that substantially affect interstate commerce?Dormant Commerce ClauseWhich Amendment prohibits the government from conducting unreasonable searches of individuals and seizing their property?The Fourth AmendmentWhich element of a crime requires that someone engaged in wrongful behavior, or a guilty act?Actus ReusWhat category of crimes are created when the legislature decides that the need to protect the public outweighs the traditional requirement of mens rea?Regulatory or Strict Liability CrimesWhich defense can be claimed when a person could not understand the wrongful nature of the act, or distinguish between right and wrong?Insanity DefenseWhat crime consists of the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust, especially a government official?BriberyWhat is the Federal statute, that was originally used to bring down the Mafia, prohibits persons employed by or associated with an enterprise from engaging in a pattern of racketeering activity?Racketeer Influenced and Corrupt Organizations Act (RICO)