Podcast
Questions and Answers
Which type of law primarily focuses on resolving disputes between individuals or entities?
Which type of law primarily focuses on resolving disputes between individuals or entities?
- Criminal Law
- Public Law
- Private Law (correct)
- Procedural Law
In a civil case, what is the standard of proof required to establish guilt or liability?
In a civil case, what is the standard of proof required to establish guilt or liability?
- Probable cause
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (correct)
Which of the following best describes substantive law?
Which of the following best describes substantive law?
- The process of appealing a court decision
- The legal rights and behaviors that are regulated (correct)
- The rules for conducting trials
- The methods for enforcing legal judgments
What does integrity primarily involve in the context of business ethics?
What does integrity primarily involve in the context of business ethics?
In Lamson v. Crater Lake Motors, what specific unethical practice did Lamson observe regarding 'packed payments'?
In Lamson v. Crater Lake Motors, what specific unethical practice did Lamson observe regarding 'packed payments'?
In Lamson v. Crater Lake Motors, what was Lamson's primary concern that led him to write a letter to the company owner?
In Lamson v. Crater Lake Motors, what was Lamson's primary concern that led him to write a letter to the company owner?
In Lamson v. Crater Lake Motors, what was a misrepresentation made during the RPM sales promotion?
In Lamson v. Crater Lake Motors, what was a misrepresentation made during the RPM sales promotion?
Public perception of many business is often low. What negative impact can this poor perception have on businesses that become involved in litigation?
Public perception of many business is often low. What negative impact can this poor perception have on businesses that become involved in litigation?
What legal protection does Dr. Smith have in relation to McFadden's treatment?
What legal protection does Dr. Smith have in relation to McFadden's treatment?
Which court primarily reviews cases from U.S. District Courts?
Which court primarily reviews cases from U.S. District Courts?
How many justices typically hear cases in the U.S. Supreme Court?
How many justices typically hear cases in the U.S. Supreme Court?
What does 'en banc' refer to in the appeals process?
What does 'en banc' refer to in the appeals process?
What is the primary role of U.S. District Courts?
What is the primary role of U.S. District Courts?
What must be granted for the U.S. Supreme Court to review a case?
What must be granted for the U.S. Supreme Court to review a case?
Which federal court has limited jurisdiction, such as bankruptcy cases?
Which federal court has limited jurisdiction, such as bankruptcy cases?
What typically happens if the U.S. Supreme Court does not grant a writ?
What typically happens if the U.S. Supreme Court does not grant a writ?
What is the primary reason the concept of federal common law in diversity of citizenship cases was ended?
What is the primary reason the concept of federal common law in diversity of citizenship cases was ended?
In tort cases, which law is typically applied according to conflict of laws rules?
In tort cases, which law is typically applied according to conflict of laws rules?
What does the doctrine of forum non conveniens allow the parties to do?
What does the doctrine of forum non conveniens allow the parties to do?
Which stage of trial involves formal statements made to the court?
Which stage of trial involves formal statements made to the court?
What is the role of judges within the adversarial court system?
What is the role of judges within the adversarial court system?
During which stage of litigation do parties typically exchange information and gather evidence?
During which stage of litigation do parties typically exchange information and gather evidence?
In the context of trial stages, which stage occurs after a ruling has been made?
In the context of trial stages, which stage occurs after a ruling has been made?
What typically makes trials costly and uncertain?
What typically makes trials costly and uncertain?
What was the outcome of the appeal regarding Lamson's wrongful discharge claim?
What was the outcome of the appeal regarding Lamson's wrongful discharge claim?
Which type of court is primarily responsible for conducting trials and determining issues of fact?
Which type of court is primarily responsible for conducting trials and determining issues of fact?
What is a key characteristic of federal judges in the United States?
What is a key characteristic of federal judges in the United States?
What protection does judicial immunity provide to judges?
What protection does judicial immunity provide to judges?
How are state judges typically selected in the United States?
How are state judges typically selected in the United States?
Which statement is true regarding Lamson's internal complaints?
Which statement is true regarding Lamson's internal complaints?
In the context of the court systems, appellate courts are responsible for which of the following?
In the context of the court systems, appellate courts are responsible for which of the following?
What must be demonstrated to prove wrongful discharge in Lamson's case?
What must be demonstrated to prove wrongful discharge in Lamson's case?
What is the purpose of voir dire in the jury selection process?
What is the purpose of voir dire in the jury selection process?
During which stage of the trial are opening statements made?
During which stage of the trial are opening statements made?
What is a peremptory challenge in jury selection?
What is a peremptory challenge in jury selection?
What must parties request before the case goes to the jury?
What must parties request before the case goes to the jury?
In the case of Clark v. Enchanted Hills Community, what was the primary reason for Clark's appeal?
In the case of Clark v. Enchanted Hills Community, what was the primary reason for Clark's appeal?
What does the term 'res judicata' refer to?
What does the term 'res judicata' refer to?
What type of remedy includes an order to stop a party from continuing with specific conduct?
What type of remedy includes an order to stop a party from continuing with specific conduct?
What is the primary purpose of long-arm statutes?
What is the primary purpose of long-arm statutes?
What must be proven for damages to be awarded in a case?
What must be proven for damages to be awarded in a case?
Under which circumstance is a corporation subject to jurisdiction in a state?
Under which circumstance is a corporation subject to jurisdiction in a state?
Which scenario most likely subjects a defendant to jurisdiction in a state based on internet business engagement?
Which scenario most likely subjects a defendant to jurisdiction in a state based on internet business engagement?
In the case of Schoenbeck v. Masterlink, what was the ruling regarding personal jurisdiction over CPM?
In the case of Schoenbeck v. Masterlink, what was the ruling regarding personal jurisdiction over CPM?
What type of jurisdiction is exercised when the dispute involves property located in a state?
What type of jurisdiction is exercised when the dispute involves property located in a state?
Which statement about subject matter jurisdiction in federal courts is true?
Which statement about subject matter jurisdiction in federal courts is true?
Which of the following properties can create in rem jurisdiction?
Which of the following properties can create in rem jurisdiction?
What does it mean when a business's contact with a state is solely informational?
What does it mean when a business's contact with a state is solely informational?
Flashcards
Public Law
Public Law
Legal relationships between individuals and the government.
Private Law
Private Law
Legal relationships among individuals.
Felony
Felony
A crime that is considered more serious and can result in longer prison sentences.
Misdemeanor
Misdemeanor
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Beyond a reasonable doubt
Beyond a reasonable doubt
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Preponderance of the evidence
Preponderance of the evidence
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Substantive Law
Substantive Law
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Procedural Law
Procedural Law
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Jurisdiction
Jurisdiction
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Courts of Original Jurisdiction
Courts of Original Jurisdiction
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Courts of Appellate Jurisdiction
Courts of Appellate Jurisdiction
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Federal Judge Appointment
Federal Judge Appointment
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Judicial Immunity
Judicial Immunity
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Wrongful Discharge
Wrongful Discharge
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Internal Complaints and Wrongful Discharge
Internal Complaints and Wrongful Discharge
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Trial Courts
Trial Courts
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Original Jurisdiction
Original Jurisdiction
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Appellate Jurisdiction
Appellate Jurisdiction
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Writ of Certiorari
Writ of Certiorari
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Plaintiff
Plaintiff
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Defendant
Defendant
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Procedures
Procedures
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Long-arm Statutes
Long-arm Statutes
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Jurisdiction over Corporations
Jurisdiction over Corporations
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Jurisdiction and the Internet: Business Engagement
Jurisdiction and the Internet: Business Engagement
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Jurisdiction and the Internet: Website Interactivity
Jurisdiction and the Internet: Website Interactivity
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In Rem Jurisdiction
In Rem Jurisdiction
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In Rem Jurisdiction and Intangible Property
In Rem Jurisdiction and Intangible Property
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Subject Matter Jurisdiction: Federal Courts
Subject Matter Jurisdiction: Federal Courts
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Subject Matter Jurisdiction: Federal Courts
Subject Matter Jurisdiction: Federal Courts
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Forum Non Conveniens
Forum Non Conveniens
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Service of Process
Service of Process
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Pleadings
Pleadings
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Motion to Dismiss
Motion to Dismiss
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Answer
Answer
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Discovery Stage
Discovery Stage
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Conflict of Laws Rules
Conflict of Laws Rules
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Choice of Law Rules
Choice of Law Rules
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Motion for a Directed Verdict
Motion for a Directed Verdict
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Voir Dire
Voir Dire
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Equitable Remedies
Equitable Remedies
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Injunction
Injunction
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Trial Stage
Trial Stage
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Outcomes of Appeal Decisions
Outcomes of Appeal Decisions
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Legal Briefs
Legal Briefs
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Res Judicata
Res Judicata
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Study Notes
Business Law and Ethics Summary
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Modern Business Environment: Law is a set of rules and principles that direct and limit human behavior. It creates predictability and uniformity in social conduct. Laws improve social stability by defining acceptable actions and discouraging activities that harm the public interest. Laws reflect social values and customs which can change. Examples include the changing legality of marijuana and alcohol.
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Conflict Resolution: Courts are one mechanism for resolving disputes. Businesses increasingly use alternative dispute resolution (ADR) systems, which operate outside of courts.
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Sources of Law in the U.S.: Law is derived from constitutions, statutes (federal, state, and municipal), and administrative regulations.
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U.S. Constitution and State Constitutions: These are fundamental laws that establish the limits and power of government. State constitutions are often easier to amend compared to the U.S. Constitution. The U.S. and state constitutions create legislative, executive and judicial branches of government.
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Legislatures and Statutes: Legislatures create laws, which are called statutes. Examples include the Clean Water Act and state laws regulating industries (like insurance).
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Administrative Agencies and Regulations: Congress creates administrative agencies, which are delegated authority to create regulations to carry out the law. These regulations frequently affect business environments.
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The Judiciary and Common Law: The judicial system originates from the British common law. Judges are guided by precedent from prior similar cases; this is called "stare decisis". Common law often provides stability within the legal system but allows changes as society and technology evolve.
Case Study: Davis v Baugh Industrial Contractors, Inc.
- Overview: Glacier Northwest hired Baugh Industrial Contractors to create an underground pipe system. Three years later, a wall collapsed, killing a worker hired by Glacier. Davis, the deceased worker's daughter, sued Baugh for negligence.
- Court Proceedings: The trial court ruled in favor of Baugh, citing established precedent that a contractor's liability ends once their work is accepted by the client. This precedent was challenged by the appellate court.
- Supreme Court Decision: The court ruled that the contractor (Baugh) is liable for injuries to others even after the work has been accepted, as property owners (like Glacier) often rely on the expertise of contractors rather than fully understanding the quality of work and potential risks.
Civil and Criminal Law
- Criminal Law: Deals with offenses against the state or society; conviction requires "beyond a reasonable doubt".
- Civil Law: Deals with disputes between individuals or entities; conviction requires a "preponderance of evidence".
Case Study: Lamson v. Crater Lake Motors
- Overview: Company hired outside sales firm (RPM) to run a sales promotion. Company's sales manager (Lamson) caught unethical practices by RPM in the campaign and reported his concerns.
- Case Outcome: Lamson was discharged for his concerns. In court, the jury decided in his favor, but the appellate court overturned the verdict, determining that the wrongful discharge claims failed. (No public duty violation, and not an illegal action).
Subject Matter and Personal Jurisdiction
- Federal Courts: Federal court jurisdiction is based on the constitution, and it can hear cases involving federal questions, but also diversity jurisdiction issues (citizens from different states). Amounts in controversy over $75,000.
- State Courts: State courts have jurisdiction based on state law and handle various issue areas (like family disputes, contract disputes).
- Personal Jurisdiction: This relates to the authority a court has over the people involved in a case. A court generally needs jurisdiction over the parties or property involved. Different types exist (in personam, in rem).
Exclusive and Concurrent Jurisdiction
- Exclusive Jurisdiction: Jurisdiction in certain cases is specific to one court type (Federal or State).
- Concurrent Jurisdiction: A case can be heard by both state(local) and/or federal courts.
Case Study: Erie Railroad Co. v. Tompkins
- Overview: A person (Tompkins) was injured in Pennsylvania while standing near a train belonging to a New York-based company (Erie). Tompkins sued Erie in a federal court, attempting to use federal common law (a general concept of legal precedent) to apply to the jurisdiction.
- Court Proceedings: The federal court used federal common law to make a ruling. The case was appealed and resulted in the Supreme court deciding that federal courts must use state common law for this type of diversity case.
Applying Appropriate Law in State Court
- Conflict of Laws: If a legal case involves instances in more than one state, the 'conflict of laws' or 'choice of law' rules apply. Generally, there are rules for selecting the governing laws.
- Venue: Venue Considerations – The most convenient court to hear the case can be chosen.
Overview of the Judicial System
- Overview: The Court system is adversarial; parties must present evidence and arguments to a court; judges don't investigate. Cases (trials) can be expensive and time-consuming.
- Procedures: The basic stages of trial procedures include pleadings, discovery, pre-trial stage, trial stage, enforcement.
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Description
This quiz covers the foundational principles of business law and ethics, including sources of law in the U.S., conflict resolution methods, and the role of the constitution. Explore how laws reflect social values and the mechanisms used to resolve disputes within a modern business environment.
