Legal Env. of Business Test 1
Réviser ces flashcardsGratuit · répétition espacée · iPhone, Android, Mac et web
Toutes les cartes
1
What is the generally accepted "generic" definition of law
a body of rules of action or conduct perscribed by controlling authority; must be legally binding
2
What are the primary sources of American law
constitutional law, statutory law, common law, administrative law
3
What is jurisprudence
The science and philosohy of law
4
What is the role of in-house council in a company?
To supervise outside lawyers and ensure compliance with laws.
5
What is the uniform commercial code (UCC)?
A set of rules and principles intended to increase reliability and predictability in business transactions. (secondary source of law)
6
What is the doctrine of stare decisis?
principle that similar cases with similar facts should have similar judicial outcomes
7
What is the differance between substantiative and procedural law?
substantive laws- provide citizens with rights and duties
procedural laws- provide structure and set rules to pursuing substantive laws
procedural laws- provide structure and set rules to pursuing substantive laws
8
What is the difference between civil and criminal law?
Civil Laws- compensate parties for losses as a result of anothers conduct
Criminal Laws- protect society by penalizing violators
Criminal Laws- protect society by penalizing violators
9
What is the difference between public and private law?
Public Laws- derrived from government agency
Private Law- binding between two parties without statutes or regulations
Private Law- binding between two parties without statutes or regulations
10
What is equitable releif? Whats an example?
Legal remedy that a court grants when monetary damages are not enough to fix a situation. Ex. Restraining order or Injuntion
11
What is the primary focus of the model laws created by the National Conference of Commissioners on Uniform State Laws?
Commerce
12
What is the primary function of administrative agencies?
forming, implementing, and enforcing regulations intended to administer a federal law
13
Which act imposes specific procedural structures and due process requirements on administrative agencies?
Administrative procedures act (APA)
14
What is the role of Administrative Law Judges (ALJs)
they are attorneys employed by the agency to ajudicate disputes
15
What are the sources of administrative law?
The constitution, administrative procedures, statutes, common law
16
What is the purpose of the Regulatory Flexibility Act (RFA)
it allows small businesses to particiate in the rulemaking process when the effects could potentially hurt them financially
17
What is the arbitrary and capricious standard and what is it used for?
ensures agency actions are reasonable, supported by evidence, and not irrational or inconsistent.
18
Which act requires agencies to announce their meetings at least one week in advance and open them to the public?
The Government in the Sunshine Act
19
What is the primary publication used to communicate proposed agency rules and final regulations?
The Federal Register
20
What is the Chevron test used for?
used to determine if courts should defer to an administrative agency's interpretation of ambiguous laws it administers.
21
What is the purpose of citizen suits in administrative law?
22
What are the two primary courts in the American judicial system?
State court- adjudicates cases regaurding the states statutes, common law, and constitution
Federal Court- concerned with national law and federal constitution
Federal Court- concerned with national law and federal constitution
23
What are the 2 primary roles of the courts?
Adjudicating cases, judicial review
24
What are the state and federal courts known as collectively (1 word)
the judiciary
25
What are the trial courts in the federal system called?
US District courts
26
what are the federal appellate courts called?
US courts of appeal
27
What is subject matter jurisdiction?
refers to a court's authority to hear cases of a specific type (e.g., criminal, civil, federal).
28
What is personal jurisdiction?
refers to a court's authority over the specific parties involved in a case, based on their connections to the forum.
29
What is diversity jurisdiction? What does diversity mean in this context?
refers to a federal court's authority to hear civil cases where the parties are from different U.S. states or one party is a foreign entity, and the amount in controversy exceeds $75,000. diversity means they are from different jurisdictions.
30
What is the difference between a trial court and appellate court?
Trial courts- hear cases for the first time and render judgments based on evidence and witness testimony.
Appelate Courts- review decisions from trial courts to determine if legal errors were made
Appelate Courts- review decisions from trial courts to determine if legal errors were made
31
What is the highest appellate court in most states called?
State Supreme Court
32
Which party initiates a lawsuit?
plaintiff
33
Which act imposes specific procedural structures and due process requirements on administrative agencies? Which party initiates it?
- The administrative procedures act (APA)
- the agency initiates it
- the agency initiates it
Plus de flashcards : Droit et politique
AP Gov Foundational DocumentsDroit et politique · AnglaisPaigeWas ist Recht? (Höffe & Wesel)Droit et politique · Allemandsrkrs22Neue Ostpolitik (Brandt)Droit et politique · AllemandTizianProperty Law: Ownership and FindersDroit et politique · AnglaisFayeCivil Procedure: Classes 1-12Droit et politique · AnglaisArielMedia LawDroit et politique · AnglaisLacieTorts I — BreachDroit et politique · AnglaisSamUS GovernmentDroit et politique · AnglaisThinkPhilippine Criminal Law (CLE-CLJ-005)Droit et politique · AnglaisSANGALLAPOL 220Droit et politiqueClaireSQE1 Human Rights Act 1998 FlashcardsDroit et politique · AnglaisSha'iRechtliche Grundlagen für die Sachkundeprüfung § 34a GewODroit et politique · AllemandThorsten
Tous les decks : Droit et politique
Révise ces decks dans l’app
Gratuit sur iPhone, Android, Mac et le web. Ajoute n’importe quel deck à ton compte en un tap.
