The Legal Environment Of Business Test One

Front 1

Define the different theories of jurisprudence.

Back 1

1. Positivism: the theory that law is the set of rules adopted by the lawful authority which governs that nation 2. Legal Realists: those who hold that law is simply the body of rules enforced by the courts and society 3. law and economics movement: the theory that law is the set of rules which express teh choices of people in a free market system 4. Natural Law: the theory that law is the basic system of moral principles developed through the power of reasoning, analysis, religion, and philosophy 5. feminist jurisprudence: the theory that law has been dominated by males and needs to adjust to more accurately include female views and experiences. 6. sociological jurisprudence: the theory that law is the product of social forces and social movements involving diffferent segments of the population 7. historical jursiprudence: the theory that law is produced and shaped by important historical facts and developments.

Front 2

Civil law vs. criminal law

Back 2

criminal law is the violation of a specific statute, enacted by the legislature to protect society, which carries penalties such as a fine or imprisonment. Civil law is the body of law that allows one person or firm to sue a second person or firm for physical or economic damages caused by the second party..

Front 3

eminent domain

Back 3

the power of government to take private property for a public use, upon payment of just compensation

Front 4

inverse condemnation

Back 4

when a significant portion of the value of one's private property is taken by government imposed restrictions

Front 5

arbitration

Back 5

the parties refer the dispute to an impartial third pary, called the arbitrator, who listens to each side and then renders a decision, which is binding on both parties.

Front 6

mediation

Back 6

The third party who is called upon to assist the disputing parties does not render a decision, he/she merely aid them in reaching a settlement.

Front 7

motion for a new trial

Back 7

asks that the court order a new trial in the case because of some serious and prejudicial error that has occurred or because of the discovery of some imprtant new evidence that was not available at the first trial.

Front 8

motion for a direct verdict

Back 8

when the judge enters a verdict after the evidence has been presented, because one side has failed to prove some essential element of the case.

Front 9

motion for judgement notwithstanding the verdict

Back 9

the judge enters a judgment different from the jury verdict

Front 10

motion to dismiss

Back 10

A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.

Front 11

res judicata

Back 11

a case in which there has been a final judgment and is no longer subject to appeal.

Front 12

What do foreign corrupt practices provide?

Back 12

American companies cannot bribe foreign companies in order to get their business.

Front 13

The government in sunshine act

Back 13

sometimes called the "open meeting act" Its purpose is to force the independent regulatory commissions to conduct business in open meetings to the maximum extent possible. (There are 10 exemptions)

Front 14

federal privacy act`

Back 14

a federal law designed to keep certain information held by agencies private

Front 15

freedom of information act

Back 15

a federal law allowing memebers of the public access to information filed with administrative agencies, with some exceptions.

Front 16

administrative procedures act

Back 16

made to standardize procedures used by federal agencies in rulemaking and adjudication.

Front 17

What are the four souces of American Law?

Back 17

constitution, federal and state stuatutes, administrative regulations, common law

Front 18

motion for summary judgement

Back 18

the court enters a judgment in favor of one side, without a trial, when there are no "fact issues" in dispute, only legal questions.

Front 19

writ of certiori

Back 19

the request to the U.S. Supreme Court t o hear a particular case.

Front 20

amicus curiae

Back 20

translated from latin to mean "friend of the court". It is somebody who volunteers information about a case or legal matter to the court. Not always admitted

Front 21

remedies at law

Back 21

civil casees in which the plaintiff seeks money damages

Front 22

remedies at equity

Back 22

civil cases in which the plaintiff seeks to have the court order the defendant to do something or to not do something.

Front 23

plaintiff

Back 23

the person who files a civil lawsuit against another

Front 24

defendant

Back 24

the person against whom a civil or criminal lawsuit is brought

Front 25

apellant

Back 25

the person that files the appeal

Front 26

what are the burdens of proof required for civil and criminal law?

Back 26

A party’s job of convincing the decisionmaker in a trial that the party’s version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury “by a preponderance of the evidence” that the plaintiff’s version is true — that is, over 50% of the believable evidence is in the plaintiff’s favor. In a criminal case, because a person’s liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

Front 27

contingency fee

Back 27

when the lawyer's fee is a certain percentage of the total money obtained by the client, at trial or by settlement.

Front 28

retainers

Back 28

an advance payment to secure the services of a lawyer

Front 29

hourly fee

Back 29

where the lawyer charges the client a specified rate for each hour spent on the client's legal matters.

Front 30

affirm decision

Back 30

when an appellate court upholds a lower court decision

Front 31

reverse decision

Back 31

the appellate court changes the ruling of the lower court

Front 32

remand

Back 32

the appellate court sends the case back to the lower court for more hearings or a new trial

Front 33

Enumerated powers of the U.S. Constitution

Back 33

A list of powers given to the U.S. government by the constitution in Arcticle one section eight

Front 34

implied powers of the U.S. Constitution

Back 34

the elastic clause of the constitution giving the gov. rights and powers to make all laws which "shall be necessary and proper"

Front 35

police powers of the U.S. Constitution

Back 35

power that rests with the states that gives them certain authorities required to keep the peace

Front 36

convention on international sale of goods

Back 36

Its purpose is to eliminate any ambiguity caused by different domestic laws concerning the international sales of goods. Through this agreement, international trade becomes increasingly hassle-free, and the potential for disputes is reduced. The CISG applies to contracts between companies located in different countries. Over two-thirds of the world’s countries have adopted this agreement.

Front 37

informal rule making

Back 37

an agency develops a proposed federal regulation and then publishes it in the Federal Register, so interested persons may offer comments before the regulation is final.

Front 38

formal rulemaking

Back 38

an agency develops and issues regulations after holding at least one public hearing.

Front 39

adjudication

Back 39

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.

Front 40

promulgation

Back 40

Promulgation or enactment is the act of formally proclaiming or declaring new statutory or administrative law when it receives final approval.

Front 41

u.n. commission on international trade law

Back 41

When world trade began to expand dramatically in the 1960s, national governments began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade.

Front 42

american arbitration association

Back 42

a national organization of people who perform arbitration, which has its own set of procedural rules, or other national arbitration organizations.

Front 43

substantitive law

Back 43

the legal principles that define one's rights in specific subject areas

Front 44

procedural law

Back 44

the legal rules governing court processes and procedures

Front 45

stare decisis

Back 45

the legal principle that decisions of a higher court in previous cases establishing legal theories must be followed by lower courts in that jurisdiction.

Front 46

diversity jurisdiction

Back 46

diversity jurisdiction is a concept used in civil procedure to refer to the situation in which a U.S. (federal) district court has subject matter jurisdiction to hear a civil case because the parties are "diverse" in citizenship, which generally indicates that they are citizens of different states

Front 47

standing

Back 47

is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

Front 48

venue

Back 48

the particular court location within a specific court system, where a case should be heard.

Front 49

personal jurisdiction

Back 49

refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction)

Front 50

subject matter jurisdiction

Back 50

Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases.

Front 51

statue of limitations

Back 51

A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.

Front 52

jurisdiction of court of appeals for federal circut

Back 52

the only judicial circuit that has its jurisdiction based wholly on subject matter rather than geographical location.

Front 53

supremacy clause

Back 53

The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land."

Front 54

premption doctrine

Back 54

holds that when the federal government acts, it's power supercedes state power by the constitution

Front 55

federalism

Back 55

the sharing of power between the federal and state governments.

Front 56

voir dire

Back 56

the process of asking questions to potential jurors, to make sure they can be fair and impartial

Front 57

challenge for cause

Back 57

A party's request that the judge dismiss a potential juror from serving on a trial jury by providing a valid legal reason why he shouldn't serve.

Front 58

peremptory challenge

Back 58

Peremptory challenge usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason.

Front 59

the establishment clause

Back 59

the part of the First Amendment that prohibits the government from promoting or "establishing" any religion.

Front 60

free exercise clause

Back 60

the part of the first amendment which prohibits the government from interfering with a person's right to "exercise" his/her religion.

Front 61

exclusionary rule from the 4th amendment

Back 61

prohibits evidence which was illegally seized from being used in court by the prosecutor

Front 62

international law and conflict of law

Back 62

is that branch of international law and intranational interstate law that regulates all lawsuits involving a "foreign" law element where different judgments will result depending on which jurisdiction's laws are applied as the lex causae.

Front 63

european union

Back 63

The European Union (EU) is an economic and political union of 27 member states, located primarily in Europe.

Front 64

the international monetary fund

Back 64

The International Monetary Fund (IMF) is an international organization that oversees the global financial system by following the macroeconomic policies of its member countries, in particular those with an impact on exchange rates and the balance of payments.

Front 65

anti trust laws

Back 65

series of laws dealing with the subject called "antitrust". Designed to promote competition, to prohibit actions that may lessen competition, and to prevent monopolies and mergers that would negatively affect competition.

Front 66

5th amendment protection

Back 66

protection against self incrimination (part of the Bill of Rights)

Front 67

order of stages in a civil law suit

Back 67

1. complaint and answer 2. summons and service of process 3. motions 4. couterclaims 5. affirmative defenses 6. discovery 7. interrogatories 8. summary judgment 9. pre-trial conference 10. jury selection 11. opening statement 12. presentation of eveidence 13. motions for directed verdict and closing arguments 14. jury instructions, deliberations, and verdict 15. post trial motions

Front 68

dumping

Back 68

the sale of a product in a foreign country for a lower price than that charged in the home country, or below the cost of production

Front 69

tarrif act 1920 section 337

Back 69

a u.s. law which permits sanctions against imports, where unfair trade acts are shown.

Front 70

exhaustion administrative remedies

Back 70

a person must use all possible methods of appeal within an administrative agency before a court will hear the case.

Front 71

abuse of discretion

Back 71

when an agency has not properly followed the APA rules or has acted in an "arbitrary or capricious" manner.

Front 72

jurisdiction of the world court

Back 72

only upon consent of the states involved in the dispute

Front 73

act of state doctrine

Back 73

The Act of State Doctrine says that a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation.

Front 74

substantial evidence rule

Back 74

a rule followed by courts in reviewing agency decisions. the court will follow the factual findings made by the ALJ and agency as ong as tehre is "substantial evidence" to support the findings.

Front 75

standing

Back 75

a person must be directly affected by an agency action in order to challenge such action

Front 76

ripeness

Back 76

a court will not hear a case challenging an agency action untiul the action or decision is "final".