Lgst 301 Test 1

Front 1

The law and public policy does what four things?

Back 1

Promotes economic growth, protects workers, promotes consumer welfare, promotes public welfare

Front 2

How does the law promote economic growth?

Back 2

protects private property rights, enforces private agreements, allocates risks, facilitates the raising of capital, creates incentives to innovate, promotes liquid and skilled labor markets, provides subsidies, tax incentives, and infrastructure, and promotes free trade in the global markets

Front 3

How does the law protect workers?

Back 3

regulates certain terms and conditions of employment, requiring the employer to provide certain benefits, and protecting worker's civil rights.

Front 4

How does the law promote consumer welfare?

Back 4

encouraging the sale of safe and innovative products and services at a fair price.

Front 5

How does the law promote public welfare?

Back 5

ensuring the effective administration of justice, collecting taxes and spending money, protecting fundamental rights, and protecting the environment.

Front 6

law provides the "___ __ ___ ____" managers can make their own private law by...

Back 6

rules of the game.

entering into contracts

Front 7

the five forces by; prof michael porter are

Back 7

buyer power, supplier power, the competitive threat posed by current rivals, the availability of substitutes, and the threat of new entrants

Front 8

law affects the internal organization of the firm including...

Back 8

the choice of business entity, and its resources and capabilities

Front 9

law affects the external relationships with...

Back 9

customers, suppliers, competitors, and complementors, that is, those players who cause customers to value another firms products and services more.

Front 10

noncompliance is not an option. name two companies that did not comply

Back 10

Drexel Burnham was in the wake of the insider trading scandals in the 80s. the disintegration of the once venerable accounting powerhouse Arthur Andersen.

Front 11

name three situations in which companies experienced very negative monetary returns

Back 11

TAP Pharmaceuticals - $875 mil

Texaco paid penzoil $3 bil for interfering with its agreement to buy getty oil

Cendant paid $3.19 bil to settle security fraud cases against it arising out of its fraudulent financial reporting

Front 12

the law does not forbid...

Back 12

all bad behavior

Front 13

Bammert v. Don's Super valu,, inc.

issue?

Back 13

Does the public policy exception to the employment-at-will doctrine apply when an at-will employee is fired in retaliation for the lawful actions of her nonemployee spouse?

Front 14

Bammert v. Don's Super valu

result?

Back 14

The supreme court of wisconsin declined to expand the public policy exception to the employment-at-will doctrine and affirmed the dismissal of Bammert's complaint, leaving her with no legal recourse

Front 15

who plays the most significant role in instilling a sense of ethics throughout the organization?

Back 15

CEO

Front 16

why did Dennis Kozlowski, CEO of tyco internation, fall?

Back 16

charges with tax evasion after allegedly having art he bought in NY shipped out of the state to avoid paying $1 mil in NY sales tax

Front 17

John Rigas, CEO of Adelphia Communications Corp, and his son timothy were convicted of what?

Back 17

defrauding investors out of billions of dollars by looting adelphia

Front 18

Phil Condit, CEO of Boeing, resigned why?

Back 18

during investigation regarding deals with air force and NASA

Front 19

Dick Grasso, former chair of the NYSE, left his position why?

Back 19

controversy over his compensaiton

Front 20

define teleological theory

Back 20

concerned with consequences. the ethical good of an action is to be judged by the effect of the action on others.

Front 21

Deontological theory

Back 21

focuses more on the motivation and principle behind the action than on the consequences

Front 22

kantian theory

Back 22

immanuel kant's categorical imperative looks to the form of an action rather than the intended result, in examining the ethical worth

Front 23

distributive justice

Back 23

focuses on how the burden and benefits of a particular system are distributed

Front 24

compensatory justice

Back 24

aims at compensating people for the harm done by others

Front 25

retributive justice

Back 25

concerned with the harm people do to others, focusing on how to deter them from inflicting further harm

Front 26

issues of social responsibility arise in..

Back 26

product safety, advertising campaigns, client conflicts of interest, anticompetitive practices, customer service, sweatshops and child labor, workplace conditions, pensions and employee benefits, and the environment

Front 27

meinhard v. stalmon respresents what principle in the book

Back 27

the role of the law

Front 28

meinhard v. stalmon

issue?

Back 28

Did Salmon, as Meinhards joint venturer, have a relationship of trust to Meinhard that obligated him to give Meinhard the opportunities to be included in a new lease covering property that was originally leased by Salmmon on behalf of the joint venture?

Front 29

meinhard v. stalmon

result?

Back 29

The judgement for the plantiff, Meinhard, was affirmed. he was granted one half of the interest in the new lease between salmon and gerry

Front 30

difference between trial decision citation and appellate decision citation?

Back 30

when a lawsuit is originally filed, the case name appears as plantiff v. defendant.

if the case is appealed it appears as appellant (the person who is appealing the case or seeking a writ of certiorai) vs. appellee.

sooo if the defendant loses and appeals, their name appears first

Front 31

name 6 things in a case citation

Back 31

1. the plantiff's name
2. the defendants name
3. the volume number and title of the reporter in which the case is reported
4. the page number at which the case begins
5. the court that decided the case
6. the year in which the case was decided

Front 32

federal question exists when a dispute concerns:

Back 32

a) federal common law
b) federal statutes
c) federal administrative regulations
d) treaties of the united states

Front 33

federal courts are courts of what kind of jurisdiction?

Back 33

limited subject matter jurisdiction

Front 34

what are the three diff methods federal courts have jurisdiction?

Back 34

1. there is federal question jurisdiction
2. diversity jurisdiction
3. US is a party. wooohoo

Front 35

diversity jurisdiction exists in lawsuits:

Back 35

1. between citizens of different states

AND

2. the amount in controversy (exclusive of interest) exceeds $75,000

Front 36

citizenship is based on:

Back 36

a) natural person citizenship is legal residence or domicile or
b) corporations may have dual citizenship based on
nerve center test, place of operations test, or total activity test

Front 37

what is the nerve center test?

Back 37

to find a nerve center consider:

1) where the executive and administrative offices are located

2) where the income tax return is filed

3)where the directors and shareholders meet

Front 38

what is the place of operations test?

Back 38

requires locating the majority of the corporations physical operations such as its manufacturing facilities or offices

Front 39

what is the total activity test?

Back 39

considers all aspects of corporate entity, including the nature and scope of the companys activities.

Front 40

what does the "erie doctrine" set forth in Erie railroad v. tompkins require?

Back 40

federal courts that have diversity jurisdiction to apply the appropriate state law, NOT federal law

Front 41

diversity jurisdiction means that the case is a
___ ___ ___

Back 41

state law claim

Front 42

to bring a suit to federal court u must have 2 basic things:

Back 42

subject matter jurisdiction and the plantiff must have standing

Front 43

what are 3 ways the plantiff has standing

Back 43

1) the plantiff is the proper party to bring the suit
2) plantiff has a personal interest in the outcome of the suit
3) plaintiff will benefit from a favorable ruling

Front 44

what principle did national credit union administration v. first national bank illustrate?

Back 44

that the plantiff must have standing

Front 45

describe federal court system

Back 45

-district courts (94 districts)
-u.s. courts of appeals (1.review decisions of tiral courts within territory. 2. review decisions of certain administrative agencies and commissions, 3. to issue writs or orders to lowe courts or litigants)

- supreme court (cases on appeal from court of appeals. hears state appeals when tje case concerns constitution or fed law)

others include bankruptcy, tax, fed trade commission

Front 46

state courts consist of what jurisdiction?

Back 46

limited and general subject matter jurisdiction

Front 47

courts of limited smj decide:

Back 47

minor criminal matters, small civil suits up to $5000, and other specialized legal disputes

Front 48

state courts can exercise jurisdiction when the state court has:

Back 48

both smj AND either:

1) personal jurisdiction

or

2) jurisdiction over property

Front 49

to have personal jurisdiction (in personam) ...

Back 49

a) the plaintiff and defendant live within the jurisdiction of the court

b) long arm statute must satisfy minimum contacts test

Front 50

state courts consist of:

Back 50

-state trial courts
-state appellate courts (usually consists of a panel of 3 judges that reviews trial court rulings for harmful errors of law or procedure)
-state supreme court

Front 51

in order to decide how to rule on a case, courts look to

Back 51

-federal and state constitutions
-statutes
-regulations
-common law (previous court rulings)

Front 52

define stare decisis

Back 52

means "to abide by decided cases"

is a doctrine in law used to guide judicial decisions

Front 53

when could a court not follow precedent?

Back 53

1) set out side of its jurisdiction
2) within its jurisdiction
3) unworkable
4) avoid serious inequity
5) doctrinal anachronism
6) premise of fact changed to make the central holding irrelevant

Front 54

lawrence v. texas

principle?

Back 54

stare decisis

Front 55

lawrences v. texas

issue?

Back 55

in light of the holding in bowers v hardwick that the u.s. constitution does not confer a fundamental right to engage in sodomy and the doctrine of stare decisis, is the texas statute constitutional?

Front 56

lawrence v. texas

result?

Back 56

the conviction was reversed

Front 57

board of education of independent school district no. 92 of pottawatomie county v. earls

principle?

Back 57

looking to constitution to rule a case

Front 58

board of education of independent school district no. 92 of pottawatomie county v. earls

issue?

Back 58

does requiring a drug test without any suspicion of drug use violate the fourth amendment?

Front 59

board of education of independent school district no. 92 of pottawatomie county v. earls

result?

Back 59

in a 5 to 4 decision the supreme court of the supreme court ruled that the random drug testing of student athletes was constitutional

Front 60

6 steps of trial process?

Back 60

1. file a claim
2. discovery
3. pretrial activity
4. trial
5. post-trial motions
6. appeal

Front 61

to filing a claim involves what 3 things

Back 61

1. complaint
2. summons
3. answer

Front 62

the complaint briefly states a grievance and makes allegations of:

Back 62

1. the particular facts giving rise to the dispute
2. the legal reason why the plaintiff is entitled to a remedy
3. the prayer, or request for relief

Front 63

the summons officially notifes the defendent that...

Back 63

a lawsuit is pending against it in a particular court and that it must file a response to the complaint within a certain number of days

Front 64

the defendent's answer may...

Back 64

admit or deny the various allegations in the complant. if the defendent believes it lacks sufficient information to assess the truth of an allegation, it should state this.

Front 65

discovery includes what 3 things

Back 65

depositions, interrogatories, requests for production of documents

Front 66

a motion to dismiss seeks to..

Back 66

terminate the lawsuit on the ground that the plaintiff's claim is technically inadequate

Front 67

a judge will grant a motion to dismiss if...

Back 67

1) the court lacks jurisdiction over the subject matter or parties involved

2) the plaintiff failed to properly serve the complaint on the defendent

3) the plaintiff has failed to state a claim on which relief can be granted

Front 68

a judge will grant a summary judgement only if

Back 68

all of the written evidence before the court clearly establishes that there are no disputed issues of material fact and that the party who requested the summary judgement is entitled to recover as a matter of law

Front 69

three diff pretrial activity

Back 69

motion to dismiss
summary judgement
pretrial conference

Front 70

pre-trial conference

Back 70

the attorneys for the litigants meet with the judge to discuss the progress of their case

Front 71

trial involves 4 steps

Back 71

1 selection of jury
2 presentation of case - plaintiff, then defendent
3 motion for directed verdict
4 jury verdict

Front 72

post trial motions include

Back 72

-judgement nothwithstanding the verdict (reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute)

-new trial
(serious errors in trial process)

Front 73

appellate court will not review...

Back 73

the facts de novo and will reverse a judges findings of fact only if they are clearly erroneous
(reviews how judge applied the law)

Front 74

attorney-client privilege

Back 74

communiations that are intended to be confidential, only revealed between the client and the attorney

Front 75

limitations of attorney client privilege

Back 75

privilege does not protect communications that are made to further a crime or illegal act. the communication must regard legal advice

Front 76

in united states v frederick

Back 76

the attorney could not act as both tax preparer and attorney

Front 77

corporate clients - attorn/client priv.

Back 77

any employee-counsel communication is protected if the subject matter of the communication relates to the employees duties and the communication is made at the direction of a corporate superior

Front 78

the decision to sue - depends on 7 things

Back 78

1. likelihood of recovery
2. recovery vs. cost of litigation
3. risk of non-payment of judgement
4. likelihood of counterclaim
5. public image - "ill will" of customers, suppliers and so forth
6. where does one sue (jurisdiction and venue)
7. the use of a decision tree

Front 79

in diversity cases, how do they choose which state law to apply?

Back 79

generally the law of the state with the most contacts to the litigants or most interest to the litigation will be applied

Front 80

in contract cases, a state court will look to...

Back 80

1. where the contract was signed (regardless if citizenships)

2. what the law the contract agreed to

3. the parties specified the forum to litigate in a contract

Front 81

what is a motion for non conveniens?

Back 81

defendents may request a specific court on the grounds that the jurisdiction chosen by the plaintiff poses a hardship

Front 82

to decide if the forum the plaintiff selected poses a problem, courts look to...

Back 82

a. location of the event giving rise to the suit
b. where the witnesses reside
c. where the parties reside

Front 83

dawdy v. union pacific RR co.

principle?

Back 83

change of forum

Front 84

dawdy v. union pacific railroad co.

issue?

Back 84

under what circumstances should a court require a plaintiff to litigate a case in the forum presented by the defendant?

Front 85

dawdy v. union pacific railroad co.

result?

Back 85

the illinois supreme court reversed the lower court and ordered the trial be moved to macoupin county

Front 86

sarbanes oxley demands that attorneys...

Back 86

report corporate financial malfeasance.

Front 87

SEC requires attorneys to...

Back 87

make noisy withdrawls if nothing is done to remedy wrongdoing

Front 88

ABA rules direct attorneys to...

Back 88

report up the ladder and permit breaches of confidence

Front 89

why did a class action lawsuit pose difficulties in Amchem Products inc. v. Windson

Back 89

the members experienced different medical problems and had different interests

Front 90

companies defending a class action suit see it as...

Back 90

"a strategic management tool" to reduce or limit the damages

Front 91

what percent of all civil suits settle before trial?

Back 91

over 90%

Front 92

what are three things that should be done during pre-trial preparation?

Back 92

1. the company should create a "cost benefit" budget for litigation

2. executives should develop a "document retention strategy"

3. no employee should discuss the suit with family or friends

Front 93

litigation strategies for defendants

Back 93

- never let lawsuit go unattended. respond to complaints

- internal preparation

-understand the plantiff

-prepare for trial

Front 94

when should companies destroy corporate documents?

Back 94

in the ordinary course of business. not selectively. must cease any destruction upon notice of lawsuit

Front 95

managers must ask themselves these 6 questions to determine the best alternative to litigation

Back 95

1. how are the disputants represented?
2. who makes the final decision?
3. how are facts found and standards of judgement set?
4. what is the source of the standard for resolution?
5. how will any decision be enforced?
6. who will pay for the dispute resolution procedure?