Business Law BLAW 301 Exam 1 Study Notes

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Questions and Answers

Which of the following scenarios best exemplifies the application of stare decisis?

Congress enacts a statute that creates a new government program to address social inequality.
A court follows a precedent set in a previous case with similar facts, ensuring consistency in judgment. (correct)
A federal agency issues a regulation regarding food safety, which businesses must follow.
A state legislature passes a new law regulating environmental standards for businesses.

A software company in California enters into a contract with a marketing firm in New York. If a dispute arises, which factor would be least relevant in determining whether a California court has personal jurisdiction over the New York marketing firm?

Whether the New York firm owns property in California.
If the contract was negotiated and signed electronically.
The extent to which the New York firm has transacted business in California.
The marketing firm's general reputation for honesty and integrity. (correct)

In a civil lawsuit, what is the primary purpose of discovery methods such as interrogatories and requests for documents?

To expedite the trial process by limiting the amount of evidence presented.
To allow parties to gather information relevant to the case from each other, promoting transparency. (correct)
To create confusion and delays in the legal proceedings.
To ensure that all parties are surprised by the evidence presented at trial.

Which of the following is an example of a substantive law, as opposed to a procedural law?

Legislation defining the elements of a crime, such as theft or fraud. (C) Signup and view all the answers

What is the key difference between civil and criminal law regarding the burden of proof?

In civil law, the burden of proof is 'preponderance of the evidence,' while in criminal law, it is 'beyond a reasonable doubt.' (A) Signup and view all the answers

A company manufactures a product that, due to a design flaw, causes injuries to numerous consumers. Which legal mechanism might be most efficient for these consumers to collectively seek redress?

A class action lawsuit, allowing many similar claims to be resolved in a single proceeding. (A) Signup and view all the answers

A plaintiff files a lawsuit against a defendant, and the defendant responds by claiming that the plaintiff is actually the party at fault and owes them damages. What is this response called?

A counterclaim (A) Signup and view all the answers

Which of the following scenarios illustrates a situation where a party lacks standing to sue?

A citizen sues to challenge a law that they believe is unconstitutional, even though they have not been directly harmed by it. (A) Signup and view all the answers

Flashcards

Rule of Law

The principle that all individuals and organizations within a country, including the government, are subject to and accountable to the law.

Property as a Right

Refers to the legal right to exclude others from specific resources, which can be tangible or intangible.