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66 Cards in this Set
- Front
- Back
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what is the ultimate source of all law?
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us constitution
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does the first amendment of free speech apply to private entities
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no
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treaties with foreign government are initiated by the ______ and governed by the _____
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president
senate |
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CISG stands for
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convention for the international sale of goods
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do different laws apply when selling goods over an international border?
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yes
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federal statutes are passed by
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congress
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federal administrative law has the...
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full force of law
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rules, regulations, decisions, etc issued by federal agencies (OSHA)
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federal administrative law
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who creates federal agencies
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congress
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do federal agencies have the power to enforce law?
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yes
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state/local administrative law is created by
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state/local administrative agencies (DNR, DEQ)
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common law:
applies only where there is no specific _____ or _____ |
statute or regulation
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common law is based on the principle of
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stare decisis
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looking to previous cases and following those precedences
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stare decisis
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which takes precedence? federal law or state/local law
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federal law
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______ law can go further than ______ law but not lessen it
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state/local
federal |
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are judges instructed to rely on precedences?
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yes
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the summary of common law in all 50 states
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restatements of law
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if there are no cases with similar facts then it is a
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case of first impression
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in the situation of a case of first impression can judges look at other states?
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yes, but it isn't binding
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can govt authorities enforce national law
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yes
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can govt authorities enforce international law
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no
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what the plaintiff has to show or prove in order to win the case
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burden of proof
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in civil law what is the proponderance of the evidence required to be to meet the burden of proof
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greater than 50%
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in a criminal case what is the burden of proof
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*beyond a reasonable doubt
close to 100%! |
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reliance on precedents where there is no statute or regularion
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common law system
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law system where the primary source of law is statutory code
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civil law system
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a very comprehensive group of statutes forms...
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statutory code
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do judges have more power in common law systems or civil law systems
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common law systems
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can you tell which is the plaintiff and which is the defendant just by looking at the title?
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no
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in the event of a conflict does state constitution take precedence over federal regulation
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no
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in a civil law system, the primary source of law is statutory code and case precedents are NOT binding
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True
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does federal law make it lawful for employers with publicly traded stock to terminate the employment of an employee who has reported an illegal or unethical problem
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no
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do BOTH federal and state administrative agencies create rules that are as legally binding as the laws passed by congress or the state legislature
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yes
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does equitable remedy mean the rewarding of money
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no
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the foreign corrupt practices act bans american companies from making bribes to foreign companies
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true
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the most important factor in setting an ethical environment is
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the attitude of top management
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the greatest good for the greatest number of people that would benefit
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utilitarianism
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the exception to bribery is
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grease payments
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the defendant turning around and suing the plaintiff
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counterclaim
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even if what they say is true... i didn't do anything wrong
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motion to dismiss
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deciding the case before going to trial
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motion for summary judgement
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what percent of all cases are decided in the first 2 steps (pleadings and discovery)
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95%
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used to impeach credibility.
giving oral testimony under oath |
depositions
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written questions that can only go to the parties themselves
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interrogatories
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at trial, may either side request a jury
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yes
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Voir dire
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jury selection
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where they say to the judge that the jury was completely wrong an they should rule in the opposite
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motion for judgement n.o.v. (not withstanding the verdict)
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if the defendant does not have enough money
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judgement proof
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settling a dispute other than going to court
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ADR (alternate dispute resolution)
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are a mediators proposals binding
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no
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is arbitration binding
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yes
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ADR method that means you forgo the ability to go to court
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arbitration
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this requires courts to recognize and enforce voluntary arbitration agreements
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federal arbitration act
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can you appeal arbitration
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only if there is a DEFECT in the arbitration process
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is fraud on the arbitrators part considered a defect
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yes
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is a bribe, the arbitrators reputation or mistakes on their part considered a defect
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no
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who is the ultimate authority and interpreter of law
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supreme court
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this allows congress to trade
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commerce clause
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does freedom of speech apply to private businesses
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no
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federal courts may only hear federal law cases and state courts may only hear state law cases
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false
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a single email has been deemed enough of a minimum contact for a court to find long-arm jurisdiction over a nonresident defendant
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true
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appellate courts hear evidence and determine whether the trial court has made any mistakes of fact
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false
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a summary judgement will be granted when there are no genuine issues of fact in a lawsuit and the only issue is one of law
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true
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requires businesses to reasonably accommodate an employees religion unless undue hardship
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civil rights act
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are privacy rights mentioned in the constitution
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no
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