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77 Cards in this Set
- Front
- Back
law
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enforceable rules of conduct set forth by a govt to be followed by the citizens of the society
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common law
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law developed by American and English courts by decisions in cases. must be interpreted by the many decisions that have been wrote over time
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precedent
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decision in a case taht is used t o guide decisions in later caseswith similar fact situations
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stare decisis
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the use of precedent by courts the use of prior decisions to guide decision making in cases before the courts
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constitution
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fundamental law of the nation; controlling authority over all other law
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procedural law
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rules of the court system that deal with the manner in which lawsuits are initiated and go forward
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substantive law
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law that defines the rights and duties of persons to each other
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statute
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law enacted by a legislative body
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ethics
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duties which a member of society owes to other members
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morals
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gernerally accepted standards of right and wrong in a society
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compliance programs
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company will be subject to less punishment in case of voilations of the law than if there is no good-faith effort to have internal procedures to help ensure that the law is followed within the organization
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plaintiff
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party who initiates lawsuit
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defendant
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party against whom an action or lawsuit is brought
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jurisdiction
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right of a court or other body to hear a case and render a judgment
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subject-matter jurisdiction
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created by constitution or a statute regarding the types of disputes a court can accept to resolve
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personal jurisdiction
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courts power over the person of the defendent
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appellate jurisdiction
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power of a court to revise or correct the proceedings in a case already acted upon by a lower court or administrative agency
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diversity of citizenship
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action in which the plaintiff and defendant are citizens of different states
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summons
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process through which a court notifies and compels a defendant to a lawsuit to appear and answer a complaint
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service of process
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delivery of the comlaint to the defendant either to her personally or in most jurisdictions by leaving it with a responsible person at her place of residense
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in rem jurisdiction
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action taken by a court against the property of the defendent
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quasi in rem jurisdiction
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proceeding brought against the defendent personally but when the defendants interest in property serves as the basis of the courts jurisdiction
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conflict of law
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body of law establishing the circumstances in which a state or federal court shall apply the laws of anohter state, rather than the laws of the state in which it is sitting to decide a case for it
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venue
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geographic area in which an action is tried and from which the jury is selected
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forum non conveniens
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allows a court in equity to decline jurisdiciton over a case when it believes that the matter would be better resolved in another forum
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procedural law
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rules of the court system that deal with the manner in which lawsuits are initiated and go forward
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substantive law
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defines the rights and duties of persons to each other
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public law
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generally denoting laws that affect relationships between people and their gov'ts
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private law
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generally denoting laws that affect relationships between people
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civil law
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written and unwritten that specify the duties that exist between and among people
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criminal law
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governs or defines legal wrongs or crimes committed against society
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Why does congress set up administrative agencies?
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-a problem requires expertise and supervision
-congress lacks ability to handle law enforcement compliance directly -EPA can consider technical details that congress wouldnt be able to do |
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powers not granted to the federal government are retained by whom according to the constitution?
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the states
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when operating internationally or globally a company must consider what?
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-u.s. laws
-low from the involved countries -treaties or trade agreements that may be involved |
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14th amendment
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due process and equal protection
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1st amendment
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freedom of speech, commercial political (much broader than in other countries)
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4th amendment
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unreasonable search and seizure (applys to criminals and evidence)
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5th amendment
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self incrimination
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6th amendment
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right to jury trial in criminal cases
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7th amendment
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right to jury trial in common law cases
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8th amendment
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excessive fines
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consolidated edison case
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violates 1st amendment
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central hudson case
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violates 1st amendment
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soldano vs. O'Daniels
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new ruling that rejected old law "no duty to help another" not widely accepted. Old rule is still law.
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Dow Chemical
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aerial photography allowed. Not violate 4th amendment b/c in plain view
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what is civil litigation
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legal proceeding that resolves disputes between individuals or entities (companies)
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court must have what 2 types of jurisdiction?
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subject matter jurisdiction
personal jurisdiction |
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Braswell vs. US
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corp of one tried to claim 5th amendment priveledge against self incrimination; court said not to apply to corportation
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what is the public perception of business leaders? are they ethical? how have companies dealt with this issue?
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they write codes of ethics
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New York vs. Burger
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junkyard owner claimed warrantless search violated his 4th amendment rights
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what does the commerce clause do?
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allows congress broad powers to regulate business. if stated powers are insufficient then necessary and proper clause expands it
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congress can delegate broad powers to whom to regulate businesses like EPA
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agencies
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what are 3 provisions of the US constitution that are applicable to business
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commerce, necessary and proper clause and the taxing authority
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taxing authority may use taxes to do what?
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punish, raise revenues, keep certain goods under federal
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5 requirements to move from agency to court/judicial review
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jurisdiction, reviewability, standing, ripeness, exhaustion
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who issues executive orders?
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president
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what are the 2 court systems?
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federal and state
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what can agencies do to enforce requirements?
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keep closer eye on business'
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McCulloch vs Maryland
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national bank case- stands for federal supremacy provision and the application of the necessary and proper clause to the commerce clause. Maryland could not tax the federal court. Congress could set up the national bank
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waht is the purpose of our court system and what functions do the judiciary serve?
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regulates society courts look at individual behaviors
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Wickard vs. Filburn
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Wheat case
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administrative rules are classified as
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substantive (legislative), interpretive or procedural
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common law is English law
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not set up by US constitution
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how many branches of govt do we have?
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3 judicial executive legislative
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how many articles in the constitution
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7
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hughes vs oklahoma
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law was a burden on interstate commerce
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how many amendments are in the constitution
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27
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what is advantage of precedent
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old court law- allow business to have expectations
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what issues affect a companys operation/decisions?
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international, political, ethical, legal, etc.
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do chatrooms have privacy?
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no
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what are the functions of law and the legal system?
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-influencing the behavior of the members of a society
-resolving disputes within the society -maintaining important social values -providing a method for social change |
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what is highest court in US?
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supreme court
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how was supreme court created
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constitution
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what is statutory law? who writes it?
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law enacted by legislative body. congress writes it
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definition of law
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refers to a code of conduct that defines the behavioral boundaries for business activity
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Bose vs. Consumer Union
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allows criticism
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where did common law become prominant
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england
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