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Contract law
An automobile company wants to change the supplier of its component parts which will lead to a breach of their agreement that is valid for three years. Which area of business law will best govern the legal aspects of this decision?
The guilty defendant of a civil case is never incarcerated whereas the guilty dependent of a criminal case can be incarcerated
Statements that accurately bring out the difference between civil and criminal law
Legal positivism
Ensures that morality does not interfere with our inclination to obey the law
Law can never be enforced with complete consistency because the environment is ever changing
Where does the concept of legal realism primarily rest?
Administrative law
If the food safety and inspection service requires the labeling on egg cartons to include the products expiry date, the law that would cover this rule would be
Treaty
Best described as a binding agreement between two states or international organization
Natural law
Describes certain ethical laws and principles believed to be morally right and above the laws devised by humans
Common law
Best described as the collection of legal interpretations made by judges
Private law
Law governing a dispute between a tenant and a landlord over payment of rent
Business law
Consists of the enforceable rules of conduct that govern commercial relationships
To encourage social justice
An intended and essential purpose of law
Considering the impact on the world if the decision were adopted by all businesses
A way to take the universalist ion test for a business owner making a decision
Ethical conceptions bad shape business law and business relationships uniquely in each country
True of business ethics
Ethical relativism
Which theory of business ethics denies the existence of objective moral standards
It provides a rigid set of rules to follow regardless of the situation
Why is ethical fundamentalism difficult to follow?
Ethical dilemma
Best described as a problem about what s firm should do for which no clear right decision is available
Choosing a lawful way to compete against rival firms
For s firm to be an ethical business, the minimum standard to be met would be
Public disclosure test
Also called the television test because it requires us to imagine that our actions are being broadcast on national television
Justice
The human resource policy of s company states that the company aims to treat all humans identically, regardless of race, class, gender, age and sexual preference. Which of the following values influencing business ethics illustrates this?
Stakeholders
Best described as the many groups of people affected by the firms decisions
An action is moral only if it would be consistent for everyone in society to act in the same way
Under deontology, the categorical imperative proposed to determine whether an action is right states that
Ethical dilemma
Term that would best describe the situation Acme Foods Inc. is experiencing
Values
Best described as positive abstractions that capture our sense of what is good or desirable
Ethics of care
Holds that the right course of action is the option most consistent with the building and maintaining of human relationships
Operate in a community that has expectations from the business
Businesses have social responsibilities that they need to honor because they
When it gives the defendant a copy of the complaints and a summons
At which stage of a case proceeding does a court acquire in personal jurisdiction?
They have the power to hear and decide cases when they first enter the legal system
What is true of trial courts?
It enables courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state
Why have most states enacted a long arm statue?
Defendant resides
For a law case, venue is appropriate in the country where the
Rights given to a party to challenge a certain number of potential jurors without a giving a reason
What is meant by peremptory challenges?
Federal question cases
Which law case would fall under concurrent federal jurisdiction?
They have the power to review previous judicial decisions passes by trial courts
Which is true of appellate courts?
Cases related to bankruptcy
Which law cases fall under exclusive federal jurisdiction?
Directed verdict
A verdict for the defendant as the jury would have no legal basis for decision in favor of the plaintiff even if it regarded the pantiffs claims to be true
When the defendant fails to answer to the copy of the complaint sent by the court
When does default judgment occur?
The court should be able to render a decision that will solve the existing problem
A necessary condition for a justiciable controversy
Plaintiff has a personal stake in the outcome of the case
A lawsuit is standing only when the
The plaintiff should not reside in the same state as the defendant
Condition a diversity of citizenship case satisfy
Negotiation
What form of ADR is used in the red resource and coral techno case?
Helping each party listen to their opponents concerns
What is one of the main goals of a mediator in a dispute??
The absence of official written records of the hearing
Which differentiates an arbitration proceeding from a trial?
They are not bound by precedent as judges are
An advantage that arbitrators have over judges is?
Refusing to hear relevant evidence
What can form grounds for disputing an arbitrators decision in a court of law?
Confidentiality associated with an arbitration proceeding can be misleading
A disadvantage of arbitration
A specific dispute will be resolved through arbitration
A submission agreement is a contract stating that
Each judge in the summary trial can set his or her own rules
A summary jury trial
The process of mini trial is less costly
Why is mini trial preferred to arbitration?
One of the parties did not have the authority to enter into a legal contract
A defense to lack enforcement of the arbitration award
Asministrative law
The law that consists of the substantive and procedural rules created by the bodies of the city, county, state, or federal government that carry out specific regulatory duties such as governing applications, permits, licenses available info, hearings, appeals and decision making
Administrative agencies
Have legislative, judicial, and executive powers
The interstate commerce commission
The first federal administrative agency
An order to appear and bring specified documents
At times agencies use their investigate power, defined in their legislation, to gather information. Such powers typically include the power to issue an order to appear at s particular time and place and provide testimony and
The commissioners of the independent agency serve fixed terms and cannot be removed except for cause
True about independent agencies
Agencies could decide on their own how to make rules
Before the passage of the administrative procedures act, the
Federal register
The official daily publication for executive orders and other presidential documents
It is most often used because it is more efficient for an agency in terms of time
True about informal rule making procedures
Difference between the formal and informal rule making by the administrative agencies
Formal rule making requires a public hearing at which the witnesses are subject to cross examination unlike in the case of informal rule making
Exempted rule making
In what rule making is the administrative procedures act allowed an agency to decide whether public participation will be allowed in rule making proceedings with regard to military or foreign affairs and agency management or personnel
Have no binding impact on anyone
General policy statements are exempted from rule making procedures because they
Reg neg rule making procedures
When each concerned interest group and the agency itself sends a representative to bargaining sessions led by a mediator.
Political limitation on agency powers
Power of the senate to approve nominees for agency heads in an…
Government in sunshine act
Requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body
Privacy act
Requires the federal agency to take the concerned individuals consent before disclosing any information about the individual to other agencies or organizations
The court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities
Result in the Murphy v. New Milford zoning commission
The interpretation of the department of motor vehicles of state law was incorrect and that it had no authority to revoke the class C license
The result in the Yan Ju Wang v. George valveless
Agencies have legislative, executive and judicial powers
Regarding types of powers administrative agencies have?
Procedural
Rules regarding the internal operations of an agency
Subpoena
An order issued by an agency to appear at a particular time and place and provide testimony
Executive or independent
Agencies are classified as either
Social and economic regulation
What executive agencies focus on and what independent agencies are focused on
Hybrid
Used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency
30
The date on which a rule becomes effective must be at least how many days after publication of the final rule in the federal register?
A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency
Involved when an agency is referred to as a captured agency
Approved
Not a basic limit on agency power
Congress
Who has the power to dissolve federal agency?
Federalism
A system of government in which the authority to govern is divided between federal and state governments
Checks and balances
Allocates specific powers to each branch of the government to keep the other branches from dominating the government
Federal supremacy
A clause which annuals any state or local law that directly conflicts with the United States constitution or federal laws
Commerce clause
Grants the federal government the authority to pass regulations that significantly affect interstate commerce
Full faith and credit clause
Requires that courts in all states uphold contracts and public acts established in other states as long as they do not violate their public policy
Political speech
A shipping corporation supporting the campaign of an Ohio congressman for the post of governor would be protected by the first amendment u Dee the category of
The first amendment right to free speech is not absolute
True of the first amendment to the United States constitution
Fourth amendment
Government and law enforcement officials can conduct a search on personal property only if they have a court issued search warrant. This right is given by the
Takings clause
When government takes private property for public use, it must pay the owner just compensation or fair market value for his property
14th amendment
Prevents states from denying the equal protection of the laws to any citizen
Police power
The residual powers retained by each state to safeguard the health and welfare of its citizenry
The dormant commerce clause
Restrictions on states authority to pass laws that substantially affect interstate commerce are referenced by
The privileges and immunities clause
Prohibits states from discriminating against citizens of other states when those no residents engage in ordinary and essential activities such as seeking employment
14th
Which amendment extends most of the provisions of the bill of rights to the state?
8th
Which amendment prohibits cruel and unusual punishment
1st
Which amendment protects freedom of religion?
Government can not make a law establishing religion
Establishment clause of the first amendment provides that
Search warrant
A court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant
When they can establish probable cause
When can government agents obtain a search warrant?
Pervasive regulation exception
An exception to the rule that administrative searches require search warrants
5th amendment
Which amendment protects against double jeopardy
5th amendments taking clause
Requirement that the government pay the owner just compensation if the government wants to take private property for public use
Strict scrutiny
If a law prevents individuals from exercising a fundamental right, the law will be subject ton

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