Business Law Test 1

Front 1

NAME THE FOUR SOURCES OF LAW AND EXPLAIN EACH.

Back 1

Statutory law—the body of law enacted by legislative bodies
Administrative law—the body of law created by administrative agencies (in the forms of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities
Common law/case law—The body of common law is made up of various case lawfrom different court systems throughout the country. This case law is legally enforceable unless a higher court overrules it or the legislature creates a law that supersedes it.
Constitutional law—law that is based on the us constitution and the constitutions of various states

Front 2

WHAT IS PRECEDENT AND STARE DECISIS AND HOW DOES IT WORK?

Back 2

Precedent—a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Stare decisis—a common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Front 3

WHAT IS THE DIFFERENCE BETWEEN CIVIL AND CRIMINAL LAW?

Back 3

Civil law—the branch of law dealing with the definition and enforcement of all private or public rights
Criminal law—law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress

Front 4

WHAT IS DIFFERENCE BETWEEN SUBSTANTIVE AND PROCEDURAL LAW?

Back 4

Substantive law—law that defines the rights and duties of individuals with respect to each other
Procedural law—rules that define the manner in which the rights and duties of individuals may be enforced

Front 5

EXPLAIN THE DIFFERENCE BETWEEN TRIAL COURTS AND APPELLATE COURTS.

Back 5

Trial courts—a court in which trials are held and testimony taken
Appellate courts—a court having appellate jurisdiction

Front 6

NAME THE TWO TYPES OF FEDERAL CIVIL SUBJECT MATTER JURISDICTION.

Back 6

Federal-question jurisdiction and diversity jurisdiction

Front 7

trial process: pleadings-judgment

Back 7

pleadings, pretrial motions, discovery, pretrial conference, jury selection, opening statements, rules of evidence, examination of witnesses, closing arguments, verdict

Front 8

pleadings

Back 8

the complaint and answer (and other legal documents), taken together

Front 9

pretrial motions

Back 9

include the motion to dismiss, the motion for judgment on the pleadings, and the motion for summary judgment

Front 10

discovery

Back 10

the process of obtaining information from the opposing party or from witnesses prior to trial

Front 11

pretrial conference

Back 11

a conference, scheduled before the trial begin, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference

Front 12

jury selection (voir dire)

Back 12

when attorneys for the plaintiff and defendant ask prospective jurors oral questions to determine whether a potential jury member is biased or has any connection with a party to the action or with a prospective witness

Front 13

opening statements

Back 13

attorneys set forth the facts that they expect to prove during the trial

Front 14

rules of evidence

Back 14

a series of rules that have been created by the courts to ensure that any evidence presented during a trial is fair and reliable

Front 15

examination of witnesses

Back 15

The plaintiff's attorney does the initial questioning of the witness, which is called direct examination. After the plaintiff's attorney has finished questioning the witness, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters brought out during the direct examination of the witness. The attorney may ask leading questions during cross-examination.

Front 16

closing arguments, jury instructions, and verdict

Back 16

in the closing argument, each attorney summarizes the facts and evidence presented during the trial and indicates why the facts and evidence support his or her client’s claim. After closing arguments are completed, the judge instructs the jury in the law that applies to the case, and the jury retires to the jury room to deliberate a verdict. Once the jury has reached a decision, it issues a verdict in favor of one party; the verdict specifies the jury’s actual findings.

Front 17

EXPLAIN THE TWO ETHICAL PHILOSOPHIES-KANTIAN AND UTILITARIANISM.

Back 17

Kantian ethics— deontological, revolving entirely around duty rather than emotions or end goals.
Utilitarianism—outcome oriented; focuses on the consequences of an action, not on the nature of the action itself or on any set of pre-established moral values or religious beliefs

Front 18

WHAT IS THE SIGNIFICANCE OF THE "COMMERCE CLAUSE" IN THE CONSTITUTION?

Back 18

The commerce clause was created to prevent states from establishing laws and regulations that would interfere with trade and commerce among the states.

Front 19

WHAT IS "COMMERCIAL SPEECH" AND HOW IS IT TREATED BY THE U.S. SUPREME COURT?

Back 19

Commercial speech—consists of communications—primarily advertising and marketing—made by business firms that involve only their commercial interests. The courts give substantial protection to commercial speech.

Front 20

WHAT IS "DUE PROCESS" AND WHERE IS IT FOUND IN THE CONSTITUTION?

Back 20

Due process—the legal requirement that the state must respect all of the legal rights that are owed to a person. This is found in both the 5th and 14th amendments to the constitution