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Business Law 202 Exam 1 Detailed Questions
And Expert Answers
Statutory Law - ANS The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law). Common Law - ANS The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. How the system of stare decisis and precedent works* - ANS Stare decisis means that courts look to past, similar issues to guide their decisions. These past decisions are known as precedent. Precedent is a legal principle, or a rule, that is created by a higher court decision. From which country U.S. law originally derived. - ANS Great Britain case - ANS a dispute between opposing parties resolved by a court, or by some equivalent legal process. Difference between a plaintiff and a defendant - ANS A plaintiff initiates a lawsuit and a defendant is on the other side of it cause of action - ANS A claim that, based on the law and the facts, is sufficient to support a lawsuit.
remedy - ANS The relief given to an innocent party to enforce a right or compensate for the violation of a right. Is an "injunction" a type of legal remedy or equitable remedy? - ANS An injunction is an order issued by a court that forces the defendant--a person, corporation or government entity--to do something or stop doing something, depending on what the plaintiff is requesting. So essentially it can be either. Whether the federal government, the state governments, and the local governments, or any combination of the three, may enact criminal laws? - ANS Minimum Contacts - ANS A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant. Requirements for diversity of citizenship jurisdiction in federal court - ANS 1) Jurisdictional Amount Requirement the jurisdictional amount exceeds $75,
- Complete Diversity Requirement: no plaintiff shares a state of citizenship with any defendant Standing - ANS a legal rule stating who is authorized to start a lawsuit
-Disputes between individuals who do not share a common state -A dispute or crime that arises under a violation of federal law Habeas Corpus (or false imprisonment) -Bankruptcy -International trade disputes Role of the Judicial Branch - ANS To interpret and define law Differences between trial courts and appellate courts - ANS Federal appellate courts are called courts of appeals. Cases can be further appealed to the U.S. Supreme Court. Cases are heard for the first time in a trial court. If either party disagrees with the decision in the trial court, they can appeal, asking a higher court to review the decision. A losing party's one right of appeal - ANS Result of a defendant who ignores service of a summons - ANS A default judgement will be made Contents of a Complaint - ANS facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
Commerce Clause - ANS The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce. Supremacy Clause - ANS The provision in Article VI of the U.S. Constitution that the Constitution, laws, and treaties of the United States are "the supreme law of the land" Preemption Doctrine - ANS a doctrine that provides that federal law takes precedence over state or local law Equal Protection Clause - ANS The provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner. Due Process Clause - ANS 14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law Rights protected by 1st Amendment - ANS freedom of speech, petition, press, assembly, religion (SPPAR) First Ammendment for commercial vs political speech - ANS Is speech subject to any governmental restrictions and, if so, what type. - ANS
the fourth amendment's protections* - ANS The fifth amendment's protections - ANS Exclusionary Rule - ANS A rule that prevents evidence that is obtained illegally or without a proper search warrant—and any evidence derived from illegally obtained evidence—from being admissible in court. Punishment for felonies - ANS embezzlement - ANS The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property. robbery - ANS The act of forcefully and unlawfully taking personal property of any value from another. larceny - ANS The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. forgery - ANS The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another How long is a copyright good for? - ANS life of author + 70 years
Standard of proof in criminal and civil matters - ANS white collar crime - ANS Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage. cyber fraud - ANS Any misrepresentation knowingly made over the Internet with the intention of deceiving another for the purpose of obtaining property or funds. Requirements for a lawsuit for trademark infringement vs trademark dilution - ANS secondary meaning - ANS First Sale Doctrine - ANS once a copyright owner sells a copy of a work, the new owner may possess, transfer or otherwise dispose of that copy without the copyright owner's permission Copyright Protection - ANS Do works have to be registered to receive copyright protection? - ANS Patent protections for first inventors vs first to register, if any - ANS
