BUSI 561 Quiz 1
Question 1
3 out of 3 points
When courts rely on precedent, they are obeying ______.
Selected
Answer: stare
decisis
Question 2
3 out of 3 points
Public law involves disputes between private individuals or groups and their
government.
Selected
Answer:
Tru
e
Question 3
3 out of 3 points
Which of the following most accurately sets forth ways into which law may be divided
and classified?
Selected
Answer: National versus international, federal versus state, and public versus
private.
Question 4
3 out of 3 points
Law is rules of conduct in many organized societies that are enforced by the
governing authority of the community.
Selected
Answer:
Fals
e
Question 5
3 out of 3 points
Ethics is the study and practice of decisions about what is good or right.
Selected
Answer:
Tru
e
Question 6
3 out of 3 points
Positive abstractions that capture our sense of what is good or desirable are ______.
Selected
Answer: values
Question 7
3 out of 3 points
The "public disclosure" test is also known as the ______ test.
Selected
Answer: television
Question 8
3 out of 3 points
In 2011, Tyson Foods was charged with conspiracy and violation of the Foreign
Corrupt Practice Act for:
Selected
Answer: Bribing Mexican officials
Question 9
3 out of 3 points
Revenge. Jane, a first year law student, while walking to school in inclement
weather, accidentally slipped on ice knocking down Greg, another first year law
student, breaking his glasses. He was very angry with Jane and let the air out of one
of her car tires. Greg also decided to sue Jane for negligence, claiming as damages
$300 for his broken glasses. He decided that he already knew all about the law and
did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit,
brought an action against Greg for letting the air out of her tire. At trial in state court,
Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of
Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however,
who was in the courtroom also came and testified to that effect. The state court judge
ruled in favor of Susie. Greg said that he was not giving up and that he would seek
double damages on appeal in federal court. Jane and Greg live in different states
when not attending school. After trial, Jane reported Greg's actions in letting the air
out of her tire to the police who said that they would proceed with a criminal action
against Greg. Was the judge correct in disallowing Jane's testimony regarding what
Susie told her about the tire?
Selected
Answer: Yes, the judge was correct to disallow the testimony because it was
hearsay.
Question 10
3 out of 3 points
The process of questioning potential jurors to ensure that the jury will be not show
biases towards the parties is:
Selected
Answer: Voir dire.
Question 11
3 out of 3 points
A person who has the legal right to bring an action in court has standing.
Selected
Answer:
Tru
e
Question 12
3 out of 3 points
Susan, a resident of Illinois, ran a traffic light while traveling in Michigan and did
significant damage to Paul's car. Paul obtains a judgment against her, but Susan has
no insurance and no assets except for a farm in Alabama. Which of the following is
true?
Selected
Answer: A court in Illinois can exercise quasi in rem jurisdiction over the farm and
authorize its sale. Any excess over Paul's amount of damages would go
to Paul for his trouble.
Question 13
3 out of 3 points
New State passes a law prohibiting the importation of out-of-state apples in order to
help in-state growers. Which of the following is the best argument for the out-of-state
growers who wish to challenge the new law?
Selected
Answer: That it violates the dormant commerce clause.
Question 14
3 out of 3 points
Which Amendment to the U.S. Constitution provides that all powers that the
Constitution neither gives exclusively to the federal government nor takes from the
states are reserved for the states?
Selected
Answer: 10 t
h
Question 15
3 out of 3 points
The first _____ amendments to the U.S. Constitution are known as the Bill of Rights.
Selected
Answer: ten
Question 16
3 out of 3 points
What type of speech does the First Amendment not protect?
Selected
Answer: Defamation and obscenity.
Question 17
3 out of 3 points
The Foreign Corrupt Practices Act prohibits foreign officials from entering the U.S. to
conduct illegal business.
Selected
Answer:
Fals
e
Question 18
3 out of 3 points
If you sign your mother's name to a check made out to her, you may have committed
forgery.
Selected
Answer:
Tru
e
Question 19
3 out of 3 points
Cosmetic Profits. Sally is the vice president at Big Name Cosmetics Company.
Through important and material nonpublic information, she learns that the company
is soon going to purchase a smaller chain of stores. It is expected that stock in Big
Name Cosmetics will rise dramatically at that point. Sally immediately buys a number
of shares of her company's stock. She also tells her friend Alice about the expected
purchase of stores. Alice wanted to purchase stock in the company but lacked the
funds with which to do so. Although she did not have the funds in Bank A, Alice
decided to draw a check on Bank A and deposit the check in Bank B and then
proceed to write a check on Bank B to cover the purchase of the stock. She hoped
that she would have sufficient funds to deposit before the check was presented for
payment. Of which of the following, if any, is Sally guilty of by providing information to
Alice regarding the purchase?
Selected
Answer: She is guilty of an insider-trading violation by tipping the information.
Question 20
0 out of 3 points
Liability without fault is also known as which of the following?
Selected
Answer:
[None
Given]
Sunday, March 31, 2019 3:44:55 PM EDT
Question 1
3 out of 3 points
Inattentive Driving. While cutting class and driving off campus to check on her new
dress for the upcoming formal, Molly, a busy college student, is busy talking on her
cell phone with her friend Sharon in an attempt to talk Sharon into going to the
dance with Molly's brother, who has a big crush on Sharon. Unfortunately for Molly,
there is a statute in her state outlawing talking on a cell phone while operating a
motor vehicle. Molly crashes into the side of Sam's new convertible when she looks
down to pick up a can of soda she just dropped onto her new jeans. A police officer
just down the street comes over to investigate. Molly explains to him that it was
difficult to hold the cell phone in one hand, the soda in the other, and also drive. The
officer was not impressed. Around that time Sam comes along. He is furious
regarding the significant dent in his new car. Molly says she has insurance and that
she will cover the whole incident. Sam says that is insufficient. The officer is
annoyed because it is his lunch break. He tells Molly that she must obey the law,
and proceeds to write several citations to her. Which of the following is true
regarding Molly's predicament?
Selected
Answer: Molly can be sued in a civil action by Sam, and the government for a
criminal violation can also prosecute her.
Question 2
3 out of 3 points
Laws that help establish the conditions of trade between countries are:
Selected
Answer: The North American Free Trade Agreement and The General
Agreement on Tariffs and Trade
Question 3
3 out of 3 points
Assume a businessperson who owns a computer equipment store is delinquent in
paying rent to the landlord. The resulting dispute entails ______ law.
Selected
Answer: private
Question 4
3 out of 3 points
Assume a restaurant chain is forced to pay damages to a person who suffered food
poisoning after eating at the restaurant. What type of law is involved?
Selected
Answer: Private law and civil law
Question 5
3 out of 3 points
In 2011, Tyson Foods was charged with conspiracy and violation of the Foreign
Corrupt Practice Act for:
Selected
Answer: Bribing Mexican officials
Question 6
3 out of 3 points
Different countries have different ethical standards.
Selected
Answer:
Tru
e
Question 7
3 out of 3 points
Business managers should only consider customers when they engage in ethical
reasoning.
Selected
Answer:
Fals
e
Question 8
3 out of 3 points
An ethical dilemma has no clear, right decision.
Selected
Answer:
Tru
e
Question 9
3 out of 3 points
Which of the following are written questions that one party sends to another to
answer under oath?
Selected
Answer: Interrogatories
Question 10
3 out of 3 points
Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a
certain employer in his town treats employees and that he is going to sue that
employer in an effort to improve matters. Jim also says that he is going to start his
case at the appellate court level, skipping over all those "lesser" judges. Jim says
that those justices will surely hear him out and that he will also seek a jury. Although
he is not a lawyer, Jim believes that the offenses of the employer are so severe that
the justices will appreciate his attempt to make things better for the employees
involved. Regardless of what court is involved, can Jim act as plaintiff for the
employees?
Selected
Answer: No, because he lacks standing.
Question 11
3 out of 3 points
In rem jurisdiction references jurisdiction over a person subject to an order of
guardianship.
Selected
Answer:
Fals
e
Question 12
3 out of 3 points
The federal court system derives its authority from:
Selected
Answer: Article III of the U.S. Constitution.
Question 13
0 out of 3 points
Scruffy. Samis engaged in the criminal activity of growing marijuana in his home. A
couple of police officers while randomly passing through the neighborhood saw
Sam go to the mailbox. They thought that he looked a little scruffy, and they were
concerned that they had not made a sufficient number of arrests in the past month.
They decided to "check out" Sam. Therefore, they immediately broke down Sam's
door, searched his home, and arrested him. The police officer in charge told Sam
that because marijuana was involved, he lost his rights against self-incrimination
and that he might as well confess. Sam proceeded to confess to growing marijuana
and a number of other crimes. The judge was so angry with Sam that he threw him
in jail for two months without any kind of hearing. Sam's lawyer questions whether
Sam had lost his right against self-incrimination. Which of the following is true on
that issue?
Selected
Answer: Sam lost his right against self-incrimination both because marijuana
was involved and also because he did not immediately ask for a
lawyer.
Question 14
3 out of 3 points
Which of the following is true regarding the privileges and immunities clause of the
U.S. Constitution?
Selected
Answer: Under the clause, a state cannot prohibit nonresidents from opening
restaurants in the state; a state can allow state universities to charge
higher tuition to out-of-state students because residents pay taxes that
fund state universities, while out-of-state students do not; and states
may not discriminate against citizens of other states in the buying and
selling of property.
Question 15
3 out of 3 points
Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A
couple of police officers while randomly passing through the neighborhood saw
Sam go to the mailbox. They thought that he looked a little scruffy, and they were
concerned that they had not made a sufficient number of arrests in the past month.
They decided to "check out" Sam. Therefore, they immediately broke down Sam's
door, searched his home, and arrested him. The police officer in charge told Sam
that because marijuana was involved, he lost his rights against self-incrimination
and that he might as well confess. Sam proceeded to confess to growing marijuana
and a number of other crimes. The judge was so angry with Sam that he threw him
in jail for two months without any kind of hearing. Sam's lawyer, who just graduated
from law school, is not sure if the police acted legally in Sam's case by breaking
down the door. Which of the following is true on that issue?
Selected
Answer: The police violated Sam's Fourth Amendment rights.
Question 16
3 out of 3 points
The U.S. Constitution establishes a system of government based on the principle of
federalism.
Selected
Answer:
Tru
e
Question 17
3 out of 3 points
In United States v. Park, was this corporate executive defendant held criminally
liable for failing to ensure the company's compliance with the law?
Selected
Answer: That the defendant could be held liable because he failed to see that
those delegated the duty to ensure sanitary conditions did their job.
Question 18
3 out of 3 points
A(n) _____ is a hacker whose intention is the exploitation of a target computer or
network to create a serious impact, such as the crippling of a communications
network.
Selected
Answer: cyber terrorist
Question 19
3 out of 3 points
Which of the following is using fraudulent means to obtain information about
someone's phone use?
Selected
Answer: Pretexting
Question 20
3 out of 3 points
Which of the following is the making of an entry into the books of a bank or
corporation that is designed to represent the existence of funds that do not exist?
Selected
Answer: False
entries
The U.S. constitution is the foundation for all laws in the
united states
true
case law is another name for common law
true
there is only one correct answer to an ethical dilemma
false
concurrent federal jurisdiction means that both state and
federal courts have jurisdiction over a case
true
alternative dispute resolutions give businesses less
control over the resolution of a business dispute
false
the burden of proof in a civil trial is preponderance of the
evidence
true
the courts generally hold that business owners have a
duty to protect customers on their property
true
good samaritan statutes impose liability upon people for
refusing to stop at accident scenes
false
the purpose of compensatory damages when awarded in
a civil trial is to punish the defendant and deter future
wrongdoings.
false
real property includes land and everything permanently
attached to it
true
a license is a right to use another's property that is
permanenet and revocable
false
a contract is a set of legally enforceable promises
true
the two primary sources of contract law are the Uniform
commercial code and restatement of contracts.
false
capacity is the legal ability to enter into a binding
contract
true
as a general rule, parents are not liable for contracts
entered into by their minor children
true
state laws require that all contracts must be in writing to
be enforceable in the courts
false
in general, an oral contract for the sale of land is
sufficient to prove terms of the agreement in court
false
the ucc defines a negotiable instrument as a written
document that is signed by the maker with an
unconditional promise to pay back a sum certain in
money on demand or at a time certain
true
a power of attorney is a document that gives an agent
authority to sign legal documents on behalf of the
principal
true
employees are protected in the workplace by federal laws
only
false
what do business laws protect
all contracts, employment decisions, and payments to
suppliers
the laws created by the legislative branch are referred to
as
Statutes
the expectations that a community places on the actions
of a business are reffered to as
social responsibility of business
(blank) is the application of standards of moral behavior
to business situations
business ethics
assuming there are no vacancies, how many U.S.
Supreme court Justices are there
9
which of the following is not a type of alternative dispute
resolution
consultation
the burden of proof in a criminal case is
beyond a reasonable doubt
a (blank) is a havker whose intention is the exploitation of
a target computer or network to create a serious impact,
such as the crippling of a communications network.
cyber terrorist
which amendment provides the right to a speedy and
public trial
The sixth amendment
which of the following is a tort
a wrongful act or injury to another, other than a breach of
contract
(blank) damages are compensation awarded in a civil
lawsuit to punish the defendant
punitive
all of the following are examples of torts, except
assault
a (blank) is a distinctive mark, word, design, picture, or
arrangement that is used by a producter in conjunction
with a product and tends to cause consumers to identify
the product with the producter
trademark
in the intellectual property arena, the term (blank) refers
to the overall appearance of a product or its packaging
that signify the source of the product
trade dress
the six elements of a contract include all but one of these
illegality
the law of contracts used today originated from
England
A (blank) contract is commonly defined as a promise in
exchange for a promise
bilateral
which of the following is sometimes referred to as an
implied in law contract
quasi contracts
historically, which of the following were considered
people with limited or no capacity
minors, insane persons, and married women
guardians may be appointed for which of the following
those who are determined insane by a judge/court or
those whose judgment has been impaired because of a
condition such as Alzheimer's, and also those who are
determined by a court/judge to be habitual drunkards and
drug addicts
which of these types of contracts does not fall within the
statute of frauds
contracts not performed within 6 months
which of the following is needed in order to satisfy the
UCC's requirement for a written document
the contract or memorandum needs to state the quantity
to be sold
in contracts other than those governed by the Uniform
commercial code, which of the following are required
elements for a writing to be considered suffiecient under
the statute of frauds
identification of identification of the parties to the
contract and subject of the agreement, but not penalties
for nonperformance
the (blank) rule is a common law rule that addresses the
admissibility of oral evidence as it relates to written
contracts
parol evidence
which of the following are examples of negotiable
instruments
checks, drafts, and notes
if a negotiable instrument is payable to whoever
possesses the instrument, then it is an (blank) instrument
bearer
agency laws are relevant to (blank) relationship
principal agent, employer employee and employer
independent contractor
which of the following is false regarding the employer-
employee relationship
independent contractors fall under the employer-
employee relationship
(bank) protects employees against discrimination and
harassment based upon race, color, religioun, national
origin
the civil rights act of 1964-title V||
(Blank) is a federal law regulating the payment of wages
and overtime
the fair labor standards act
OriginalAlphabetical
Business Law
The enforceable rules of conduct that govern the actions
of buyers and sellers in the market exchanges.
Law
Rules of conduct in any organized society that are
enforced by the governing authority if the community.
Purpose of laws
Providing order such that one can depend on a promise or
expectation of obligations.
Purpose of laws
Serving as an alternative to fighting.
Purpose of laws
Facilitating a sense that change is possible, but only after
a rational consideration of options.
Purpose of laws
Encouraging social justice.
Purpose of laws
Guaranteeing personal freedoms.
Purpose of laws
Serving as a moral guide by indicating minimal
expectations of citizens and organizations.
Private law
Law that involves suits between private individuals or
groups.
Public law
Law that involves suits between private individuals or
groups and their government.
Civil law
The body of laws that govern the rights and
responsibilities either between persons or between
persons and their government.
Criminal law
The body of laws that involve the rights and
responsibilities an individual has with respect to the
public as a whole.
Constitutional law
The general limits and powers of a government as
interpreted from its written constitution.
Statutory law
The assortment of rules and regulations put forth by
legislatures.
Model law
Laws created to account for the variability of laws among
states. These laws serve to standardize the otherwise
different interstate laws. AKA uniform laws.
Case law
The collection of legal interpretations made by judges.
They are considered to be law unless otherwise revoked
by statutory law. AKA common law.
Precedent
A tool used by judges to make rulings on cases on the
basis of key similarities to previous cases.
Stare decisis
"Standing by the decision"; a principle stating that rulings
made in higher courts are binding precedent for lower
courts.
Restatements of the Law
Summaries of common law rules in a particular area of
law. Do not carry the weight of the law bu can be used to
guide interpretations of particular cases.
Administrative law
The collection of rules and decisions made by
administrative agencies to fill in particular details missing
from constitutions and statutes.
Treaty
A binding agreement between two states or international
organizations.
Natural Law
A school of jurisprudence that recognizes the existence of
higher law, or law that is morally superior to human laws.
Legal positivism
A school of jurisprudence that holds that because society
requires authority, a legal and authoritarian hierarchy
should exist. When a law is made therefore, obedience is
expected because authority created it.
Identification with the vulnerable
A school of jurisprudence that holds that society should
be fair. Particular attention is therefore paid to the poor,
the ill, and the elderly.
Historical school
A school of jurisprudence that uses traditions as the
model future laws and behavior. AKA tradition or custom.
Legal realism
A school of jurisprudence that holds that context must be
considered as well as law. Context includes factors such
as economic conditions and social conditions.
Cost-benefit analysis
An economic school of jurisprudence in which all costs
and benefits of a law are given monetary values. Laws
with the highest ratios of benefits to costs are the
preferable to those with lower ratios
Ethics
The study and practice of decisions about what is good or
right.
Business ethics
The use of ethics and ethical principles to solve business
dilemmas.
Ethical dilemma
A question about how one should behave that requires
one to reflect on the advantages and disadvantages of
the optional choices for various stakeholders.
Social responsibility of business
The expectations that a community places on the actions
of firms inside that community's borders.
WH approach
A set of ethical guidelines that urges us to consider whom
an action affects, the purpose of the action, and how we
view its morality.
Ethical guideline
A simple tool that helps determine whether an action is
moral.
Values
Positive abstractions that capture our sense of what is
good and desirable.
value - freedom
To act without restriction from rules imposed by others.
value - freedom
To possess the capacity or resources to act as one wishes.
value - freedom
To escape the cares and demands of this world entirely.
value - security
To possess a large-enough supply of goods and services
to meet basic needs.
value - security
To be safe from those wishing to interfere with your
property rights.
value - security
To achieve the psychological condition of self-confidence
to such an extent that risks are welcome.
value - justice
To receive the products of your labor.
value - justice
To treat all humans equally without regard to race, color,
religion, national origin, sex, age, disability, or sexual
orientation.
value - justice
To provide resources in proportion to need.
value - justice
To possess anything that someone else is willing to grant
you.
value - efficiency
To maximize the amount of wealth in society.
value - efficiency
To get the most from a particular output
value - efficiency
To minimize costs.
Stakeholders
The groups of people affected by a firm's decisions.
Universalization test
The ethical guideline that urges us to consider, before we
act, what the world would be like if everyone acted in this
way.
Trial court
A court in which most civil or criminal cases that start
when they first enter the legal system. Parties present
evidence and call witnesses to testify.
- common pleas
- county courts (state court systems)
- district courts (federal court systems)
- court of original jurisdiction
- court of first instance
Appellate court
A higher court, usually consisting of more than one judge,
that reviews the decision and results of a lower court
when a losing party files an appeal.
Do not hold trials, but can request additional oral and
written arguments from each party.
Issue written decisions; collectively constitute case
law/common law.
- aka court of appellate jurisdiction
Question of law
An issue concerning the interpretation or application of a
law.
Question of fact
A question about an event or characteristic in a case.
in personam jurisdiction
The power of a court to require a party (defendant) or
witness to come before the court. The court must have
personal jurisdiction to enforce its judgements or orders
against a party.
Extends only to the state's borders in the state court
system and across the court's geographic district in the
federal system.
Plantiff
The person or party who initiates a lawsuit (an action)
before a court by filing a complaint with the clerk of the
court against the defendant(s). aka claimant or
complainant.
Defendant
The person or party against whom a civil or criminal
lawsuit is filed in a court of law.
Complaint
A formal written document that begins a civil lawsuit;
contains the plaintiff's list of allegations against the
defendant along with the damages plaintiff seeks.
Summons
A legal document issued by a court and addressed to a
defendant that notifies him or her of the lawsuit and how
and when to respond to the complaint. Used in both civil
and criminal proceedings.
Corporation in personam jurisdiction
Three locations : state of incorporation, location of main
offices, and the geographic areas in which they conduct
their business.
Long-arm statute
A statute that enables a court to obtain jurisdiction
against an out-of-state defendant as long as the
defendant has sufficient minimum contacts within the
state, such as committing a tort or doing business in the
state.
in rem jurisdiction
The power of a court over the property or status of an
out-of-state defendant when that property or status is
within the court's jurisdiction area.
quasi in rem jurisdiction
A type of jurisdiction exercised by a court over an out-of-
state defendant's property that is within the jurisdictional
boundaries of the court. Applies to personal suits against
the defendant in which the property is not the source of
the conflict but is sought as compensation by the plantiff.
AKA attachment jurisdiction.
subject-matter jurisdiction
The power of a court over the type of case presented to
it.
Venue
The place where a hearing takes place. The geographic
location is determined by each state's statues and based
on where the parties live or where the event occurred or
the alleged wrong was committed.
Venue
A legal doctrine relating to the selection of a court with
subject-matter and personal jurisdiction that is the most
appropriate geographic location for the resolution of the
dispute.
Standing
The legal right of a party or an individual to bring a
lawsuit by demonstrating to the court sufficient
connection to and harm from the law or action
challenged. Otherwise, court will dismiss the case, ruling
that the plaintiff "lacks standing" to bring the suit.
Case of controversy
A term used in the U.S. Constitution to describe the
structure and requirements of conflicting claims of
individuals that can be brought before a federal court for
resolution. A case or controversy requires an actual
dispute between parties over their legal rights that
remains in conflict at the time the case is presented and
that is a proper matter for the judicial determination. aka
justifiable controversy.
Ripeness
The readiness of a case for a decision to be made. The
goal is to prevent premature litigation for a dispute that is
insufficiently developed. A claim is not ripe for litigation if
it rests on contingent future events that may not occur as
anticipated or may not occur at all.
rules of civil procedure
Govern civil case proceedings
Service of process
The procedure by which the defendant receives a copy of
the statement of claim or other legal documents, such as
a summons, complaint, or subpoena.
Default judgment
Judgment for the plaintiff that occurs when the defendant
fails to respond to the complaint.
Answer
The response of the defendant to the plaintiff's complaint.
pleading stage
the first formal stage of a lawsuit
Affirmative defense
When his/her answer admits that the fact's in the
complaint are accurate but include's additional facts that
justify the defendant's actions and provide legally sound
reason to deny relief to the plaintiff.
Motion to dismiss
A request by the defendant that asks a judge or a court in
a civil case to dismiss the case because even if all the
allegations are true, the plaintiff is not entitles to any
legal relief. AKA demurrer.
Motion
An application by a party to a judge or a court in a civil
case requesting an order in favor of the applicant.
Counterclaim
A claim made by the defendant against the plaintiff that
is filed along with the defendant's answer.
Reply
A response by the plaintiff to the defendant's
counterclaim.
motion for judgement on the pleadings
In a civil case, a request made by either party, after
pleadings have been entered, that asks a judge or a court
to issue a judgement.
motion for summary judgment
In a civil case, a request made by either party that asks a
judge or a court to promptly and expeditiously dispose of
a case without a trial.
Discovery
Pretrial phase - each party requests relevant documents
and other evidence from the other side in an attempt to
"discover" pertinent facts and avoid any surprises in the
courtroom during the trial.
tools - requests for admissions, interrogatories,
depositions, requests for inspection, and document
production requests.
Interrogatories
A formal set of written questions that one party to a
lawsuit asks the opposing party as part of the pretrial
discovery process in order to clarify matters of evidence
and help determine in advance what facts will be
presented at any trial in the case. aka further information.
Request to produce documents
In a lawsuit, the right of a party to examine and copy
papers of the opposing party that are relevant to the
case. A legal request mat be made, and the categories of
the documents must be states to allow the other party to
know what documents he or she must produce.
Deposition
A pretrial sworn and recorded testimony of a witness that
is acquired out of court with no judge present.
Pretrial conference
An informal meeting of the judge with the attorneys
representing the parties before the actual trial begins.
Voir dire
The process of questioning potential jurors to ensure that
the jury will be made up og unbiased individuals.
Peremptory challenge
In a jury trial, the right of the plaintiff and the defendant
in jury selection to reject , without stating a reason, a
certain number of potential jurors who appear to have an
unfavorable bias.
Mock trial
A contrived or imitation trial, with a jury recruited by a
jury selection firm, that attorneys sometimes use in
preparing for an actual trial to test theories, experiment
with arguments, and try to predict the outcome of the
real trial.
Shadow jury
An unofficial jury, provided by a jury selection firm, that
sits in during the actual trial and deliberates at the end of
each day to evaluate for the attorneys how each side is
doing.
Directed verdict
A ruling by a judge, after the plaintiff has put forward his
or her case but before any evidence is put forward by the
defendant, in favor of the defendant because the plaintiff
has failed to present the minimum amount of evidence
necessary to establish his or her claim.
Prejudicial error
An error of law that is so significant that it affects the
outcome of the cases.
Brief
A written legal argument, which a party presents to a
court, that explains why that party to the case should
prevail.
Affirm
An appellate court decision that accepts a lower court's
judgment in a case that has been appealed.
Modify
An appellate court decision that grants an alternative
remedy in a case; rendered when the court finds that the
decision of the lower court was correct but the remedy
was not.
Reverse
An appellate court decision that overturns the judgment
of a lower court, concluding that the lower court was
incorrect and its verdict cannot be allowed to stand.
Remand
Appellate court decision that returns a case to the trial
court for a new trial for limited hearing on a specified
subject matter; rendered when the court decides that an
error was committed that may have affected the outcome
of a case.
Writ of certiorari
A supreme court order issued after the court decides to
hear an appeal, mandating that the lower court send to
the supreme court the record of the appealed case.
alternative dispute resolution (ADR)
The resolution of legal problems through methods other
than litigation.
Negotiation
A bargaining process in which disputing parties interact
informally to attempt to resolve their dispute.
Mediation
A type of intensive negotiation in which disputing parties
select neutral party to help facilitate communication and
suggest ways for the parties to solve their dispute.
Arbitration
A type of alternative dispute resolution in which disputes
are submitted for resolution to private nonofficial persons
selected in a manner provided by the law or the
agreement of the parties.
Binding arbitration clause
A contract provision mandating that all disputes arising
under the contract must be settled by arbitration.
Med-arb
A type of dispute resolution process in which both parties
agree to start out in mediation and, if unsuccessful, to
move on to arbitration.
Summary jury trial
An abbreviated trial that leads to a nonbinding jury
verdict.
Minitrial
A type of conflict resolution in which lawyers for each side
present their arguments to a neutral adviser, who then
offers an opinion as to what the verdict would be if the
case went to trial, this is not a binding decision.
private trial
An ADR mehod in which a referee is selected and paid by
the disputing Administrative Law
The collection of rules and decisions made by
administrative agencies to fill in particular details missing
from constitutions and statutes.
Administrative Agency
Any government body created by the legislative branch
to carry out specific duties
Interstate Commerce Commission
The first federal administrative agency created to
regulate the anti-competitive conduct of railroads
Enabling Legislation
A statute that specifies the name, functions, and specific
powers of an administrative agency and grants the
agency broad powers for the purpose of serving the
public interest, convenience, and necessity.
subpoena
an order to appear and place to provide testimony
subpoena duces tecum
An order to appear and bring specified documents
Administrative law judge
A judge who presides over an administrative hearing;
may attempt to get the parties to settle but has the
power to issue a binding decision.
consent order
a statement in which a company agrees to stop disputed
behavior but does not admit that it broke the law
executive agency
An agency that is typically located within the executive
branch, under one of the cabinet-level departments. The
agency head is appointed by the president with the
advice and consent of the Senate.
independent agency
An agency that is typically not located within a
government department. It is governed by a board of
commissioners, who are appointed by the president with
the advice and consent of the Senate.
Hybrid Agency
an agency that has characteristics of both executive and
independent agencies
Administrative Procedures Act
federal legislation that places limitations on how agencies
are run and contains very specific guidelines on rule
making by agencies
informal rule making
A type of rule making in which an agency publishes a
proposed rule in the Federal Register, considers public
comments, and then publishes the final rule. Also called
notice-and-comment rule making.
Federal Register
A government publication in which an agency publishes
each proposed rule, along with an explanation of the legal
authority for issuing the rule and a description of how the
public can participate in the rule-making process, and
later publishes the final rule.
Formal Rule Making
A type of rule making that is used when legislation
requires a formal hearing process with a complete
transcript; consists of publication of the proposed rule in
the Federal Register, a public hearing, publication of
formal findings, and publication of the final rule if
adopted.
hybrid rule making
A type of rule making that combines features of formal
and informal rule making; consists of publication in the
Federal Register, a written-comment period, and an
informal public hearing with restricted cross-examination.
Interpretive Rule
A rule that does not create any new rights or duties but is
merely a detailed statement of an agency's interpretation
of an existing law, including the actions a party is to take
to be in compliance with the law.
policy statement
A general statement about the directions in which an
agency intends to proceed with respect to its rule-making
or enforcement activities; has no binding impact on
anyone.
reg-neg
A type of rule making in which representatives of
concerned interest groups and of the involved
government agency participate in mediated bargaining
sessions to reach an agreement, which is forwarded to
the agency.
Limitations on Agency Powers
Political
Statutory
Judicial
Informational
Freedom of Information Act
federal legislation that mandates and facilitates public
access to government information and records, including
records about oneself. Sensitive Information is excluded
Government in the Sunshine Act
Sometimes referred to as the Federal Open Meetings Law,
an act passed in 1976 that mandates that meetings of
federal government agencies be open to the public unless
all or some part of a meeting is exempted according to
exceptions outlined in the law.
Privacy Act
1974 Act mandating that all government files about
private citizens be kept confidential. parties to offer
legally binding judgment in a dispute.
Article 1 of the Constitution
Establishes the Legislative Branch
Article 2 of the Constitution
Article of the Constitution that defines the Executive
Branch, it's powers, duties, and means of removal.
Article 3 of the Constitution
Section of the Constitution laying out powers and
responsibilities of the Judicial Branch
Federalism
A system in which power is divided between the national
and state governments
Judicial Review
review by the US Supreme Court of the constitutional
validity of a legislative act.
Ledbetter v. Goodyear Tire & Rubber Co.
2007 case in which the U.S. Supreme Court ruled that
claims of sex discrimination in pay under Title VII were
not timely because discrimination charges were not filed
with the EEOC within the required 180-day time frame.
Supremacy Clause
Article VI of the Constitution, which makes the
Constitution, national laws, and treaties supreme over
state laws when the national government is acting within
its constitutional limits.
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause
1) that gives Congress the power to regulate all business
activities that cross state lines or affect more than one
state or other nations.
NLRB vs Jones and Laughlin Steel
Turning point in the commerce clause the supported the
claim that congress could regulate activity in a plant if
the activity could harm interstate commerce.
United States vs Lopez
Court ruled that Congress had overstepped its use of the
commerce clause by trying to regulate non commerce
related issues
police power
the authority of each State to act to protect and promote
the public health, safety, morals, and general welfare of
its people
Dormant Commerce Clause
restriction on states' authority to pass laws that
substantially affect interstate commerce
priviledges and immunities clause
Article 4, Sec 2, clause 1 - Prevents a state from treating
citizens from other states in a discriminatory manner.
Full Faith and Credit Clause
Section of Article IV of the Constitution that ensures
judicial decrees and contracts made in one state will be
binding and enforceable in any other state.
Contract Clause
Clause of the Constitution (Article I, Section 10) originally
intended to prohibit state governments from modifying
contracts made between individuals; for a while
interpreted as prohibiting state governments from taking
actions that adversely affect property rights; no longer
interpreted so broadly and no longer constrains state
governments from exercising their police powers.
First Amendment
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the government for a redress of grievances.
Second Amendment
A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear
Arms, shall not be infringed.
Third Amendment
The government may not house soldiers in private homes
without consent of the owner
Forth Amendment
Freedom from unreasonable searches and seizures
Fifth Amendment
A constitutional amendment designed to protect the
rights of persons accused of crimes, including protection
against double jeopardy, self-incrimination, and
punishment without due process of law.
Sixth Amendment
A constitutional amendment designed to protect
individuals accused of crimes. It includes the right to
counsel, the right to confront witnesses, and the right to a
speedy and public trial.
Seventh Amendment
Right to a trial by jury in civil cases
Eighth Amendment
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others
retained by the people.
Tenth Amendment
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
Fourteenth Amendment
A constitutional amendment giving full rights of
citizenship to all people born or naturalized in the United
States, except for American Indians.
commercial speech
Communication in the form of advertising. It can be
restricted more than many other types of speech but has
been receiving increased protection from the Supreme
Court.
Political Speech
Expressions which comment on government action rather
than the private conduct of an individual.
Unprotected Speech
Speech that is not protected by the First Amendment and
may be forbidden by the government.
Free Exercise Clause
A First Amendment provision that prohibits government
from interfering with the practice of religion.
Establishment Clause
Clause in the First Amendment that says the government
may not establish an official religion.
search warrant
A court order allowing law enforcement officers to search
a suspect's home or business and take specific items as
evidence
double jeopardy
Trial or punishment for the same crime by the same
government; forbidden by the Constitution.
Due Process Clause
14th amendment clause stating that no state may
deprive a person of life, liberty, or property without due
process of law
Procedural Due Process
Constitutional requirement that governments proceed by
proper methods; limits how government may exercise
power.
substantive due process
Constitutional requirement that governments act
reasonably and that the substance of the laws
themselves be fair and reasonable; limits what a
government may do.
Takings Clause
Government can take private property for a public
purpose, but it must provide fair compensation to the
owners of that property.
Equal Protection Clause
14th amendment clause that prohibits states from
denying equal protection under the law, and has been
used to combat discrimination
Strict Scrutiny
A Supreme Court test to see if a law denies equal
protection because it does not serve a compelling state
interest and is not narrowly tailored to achieve that goal
Intermediate Scrutiny
An intermediate standard used by the Supreme Court to
determine whether a law is compatible with the
Constitution. A law subject to this standard is considered
constitutional if it advances "an important government
objective" and is "substantially related" to the objective
rational basis test
A standard developed by the courts to test the
constitutionality of a law; when applied, a law is
constitutional as long as it meets a reasonable
government interest.
Actus Reus
A guilty (prohibited) act. The commission of a prohibited
act is one of the two essential elements required for
criminal liability, the other element being the intent to
commit a crime.
Mens Rea
the intention or knowledge of wrongdoing that constitutes
part of a crime, as opposed to the action or conduct of
the accused. Guilty mind
Felony
a crime, typically one involving violence, regarded as
more serious than a misdemeanor, and usually
punishable by imprisonment for more than one year or by
death.
Misdemeanor
(n.) a crime or offense that is less serious than a felony;
any minor misbehavior or misconduct
petty offense
In criminal law, the least serious kind of criminal offense,
such as a traffic or building-code violation.
white collar crime
Nonviolent crime committed by individuals or
corporations to obtain a personal or business advantage.
bribery
the practice of offering something (usually money) in
order to gain an illicit advantage
extortion
the practice of obtaining something, especially money,
through force or threats
insider trading
the illegal trading of a company's stock by people using
confidential company information
False Pretense
one who obtains money or other property by lying about
a past or existing fact
forgery
The fraudulent making or altering of any writing in a way
that changes the legal rights and liabilities of another.
embezzlement
taking for one's own use in violation of trust; stealing (of
money placed in one's care)
Computer Crime
Crime committed using a computer
hacker
A person who illegally accesses, or enters, another
person's or company's computer system to obtain
information or steal money.
Cyber Terrorist
A hacker whose intention is the exploitation of a target
computer or network to create a serious impact, such as
the crippling of a communications network or the
sabotage of a business or organization, which may have
an impact on millions of citizens if the terrorist's attack is
successful.
Virus
a computer program that rearranges, damages, destroys,
or replaces computer data
Strict-Liability Offense
offense for which no mens rea is required
Vicarious Liability
The liability or responsibility imposed on a person, a
party, or an organization for damages caused by another;
most commonly used in relation to employment, with the
employer held vicariously liable for the damages caused
by its employees.
arrest
An action in which a police officer or a person acting
under the law takes a person into custody
probable cause
Any essential element and/or standard by which a lawful
officer may make a valid arrest, conduct a personal or
property search, or obtain a warrant.
Miranda Rights
The rights that are read to an arrested individual by a law
enforcement agent before the individual is questioned
about the commission of the crime.
booking
after an individual is arrested, the procedure during which
the name of the defendant and the alleged crime are
recorded in the investigating agency's or police
department's records
First Appearance
The initial appearance of an arrested individual before a
judge, who determines whether there was probable cause
for the arrest. If the judge ascertains that probable cause
did not exist, the individual is freed.
Bail
A thing of value, such as money bail bond or any other
from of property, that is given to the court to allow a
person's temporary release from prison and to ensure his
or her appearance in court
information
A document, prepared by the prosecutor and presented
to the magistrate, which demonstrates there is enough
evidence to charge the defendant and bring them to trial
indictment
Finding by the grand jury that there is adequate evidence
to charge the defendant and bring him or her to trial
Arraignment
a hearing in which a suspect is charged and pleads guilty
or not guilty
nolo contendere
a defendant's plea declaring that he will not make a
defense but not admitting his guilt
petit jury
A jury of 6 to 12 persons who determine guilt or
innocence in a civil or criminal action
plea bargain
Agreement between a prosecutor and a defendant that
the defendant will plead guilty to a lesser offense to avoid
having to stand trial for a more serious offense.
bench trial
A trial in which the judge alone hears the case
burden of proof
the obligation to present evidence to support one's claim
Racketeer Influenced and Corrupt Organizations Act
(RICO)
A US law that provides extended penalties for criminal
acts performed as part of an ongoing criminal
organization
False Claims Act
Allows employees to sue employers on behalf of the
federal government
Employee retains share of recovery
Sarbanes-Oxley Act
An act passed into law by Congress in 2002 to establish
strict accounting and reporting rules in order to make
senior managers more accountable and to improve and
maintain investor confidence.
