Legal Environment of Business Chapters 1-3
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Questions and Answers

What is 'Law'?

  • That which must be obeyed and followed by citizens, subject to sanctions or legal consequences (correct)
  • A collection of opinions
  • An abstract idea
  • A set of personal beliefs
  • What is jurisprudence?

    The philosophy or science of law.

    What is English common law?

    Law developed by judges who issued their opinions when deciding a case.

    What is the Constitution of the United States of America?

    <p>The supreme law of the United States.</p> Signup and view all the answers

    What is a statute?

    <p>Written law enacted by the legislative branch of the federal and state governments.</p> Signup and view all the answers

    What is a judicial decision?

    <p>The decision about an individual lawsuit issued by a federal or state court.</p> Signup and view all the answers

    What are administrative agencies?

    <p>Agencies empowered to enforce regulatory statutes.</p> Signup and view all the answers

    What is an executive order?

    <p>An order issued by a member of the executive branch of the government.</p> Signup and view all the answers

    What is an ordinance?

    <p>Law enacted by local government bodies.</p> Signup and view all the answers

    What does 'stare decisis' mean?

    <p>Latin for 'to stand by the decision.'</p> Signup and view all the answers

    What is precedent?

    <p>A rule of law established in a court decision.</p> Signup and view all the answers

    What is a limited-jurisdiction trial court?

    <p>A court that hears matters of a specialized or limited nature.</p> Signup and view all the answers

    What is the highest state court?

    <p>The highest court in a state court system.</p> Signup and view all the answers

    What is an intermediate appellate court?

    <p>A court that hears appeals from trial courts.</p> Signup and view all the answers

    What is a general-jurisdiction trial court?

    <p>The court that hears cases of a general nature.</p> Signup and view all the answers

    What are special federal courts?

    <p>Federal courts that hear matters of specialized or limited jurisdiction.</p> Signup and view all the answers

    What are U.S. district courts?

    <p>The federal court system's trial courts of general jurisdiction.</p> Signup and view all the answers

    What are U.S. courts of appeals?

    <p>The federal court system's intermediate appellate courts.</p> Signup and view all the answers

    What is the Supreme Court of the United States?

    <p>The highest court in the United States.</p> Signup and view all the answers

    What is a writ of certiorari?

    <p>An official notice that the Supreme Court will review a case.</p> Signup and view all the answers

    What is a petition for certiorari?

    <p>A petition asking the Supreme Court to hear a case.</p> Signup and view all the answers

    What is diversity of citizenship?

    <p>A means for bringing a lawsuit in federal court that involves parties from different states.</p> Signup and view all the answers

    What is a federal question case?

    <p>A case arising under the U.S. Constitution, treaties, or federal statutes.</p> Signup and view all the answers

    What does standing to sue mean?

    <p>Having some stake in the outcome of the lawsuit.</p> Signup and view all the answers

    What is in personam jurisdiction?

    <p>Jurisdiction over the parties to a lawsuit.</p> Signup and view all the answers

    What is service of process?

    <p>A summons being served on a defendant.</p> Signup and view all the answers

    What is a long-arm statute?

    <p>A statute that extends a state's jurisdiction to nonresidents.</p> Signup and view all the answers

    What is in rem jurisdiction?

    <p>Jurisdiction to hear a case because of jurisdiction over the property.</p> Signup and view all the answers

    What is quasi in rem jurisdiction?

    <p>Jurisdiction that allows a plaintiff to attach property of the defendant located in another state.</p> Signup and view all the answers

    What is a forum-selection clause?

    <p>A contract provision that designates a certain court to hear disputes.</p> Signup and view all the answers

    What is venue?

    <p>The concept that requires lawsuits to be heard by the nearest court with jurisdiction.</p> Signup and view all the answers

    What is the significance of Zippo Manufacturing Company v. Zippo Dot Com, Inc.?

    <p>An important case that established a test for determining jurisdiction over website owners.</p> Signup and view all the answers

    What is a choice-of-law clause?

    <p>A contract provision that designates a certain state's or country's law to apply.</p> Signup and view all the answers

    What is administrative law?

    <p>Law that governments enact to regulate industries and businesses.</p> Signup and view all the answers

    What is litigation?

    <p>The process of bringing, maintaining, and defending a lawsuit.</p> Signup and view all the answers

    What is a complaint?

    <p>The document a plaintiff files to initiate a lawsuit.</p> Signup and view all the answers

    What is a plaintiff?

    <p>The party who files a complaint.</p> Signup and view all the answers

    What is an answer in legal terms?

    <p>The defendant's written response to the plaintiff's complaint.</p> Signup and view all the answers

    What is a summons?

    <p>A court order directing the defendant to appear in court.</p> Signup and view all the answers

    What is a cross-complaint?

    <p>A document filed by the defendant against the plaintiff.</p> Signup and view all the answers

    What is a class action?

    <p>A lawsuit where a group of plaintiffs collectively brings a lawsuit against a defendant.</p> Signup and view all the answers

    What is consolidation in legal terms?

    <p>The act of a court to combine two or more separate lawsuits into one.</p> Signup and view all the answers

    What is discovery in a legal context?

    <p>A legal process to discover facts of the case prior to trial.</p> Signup and view all the answers

    What is a deposition?

    <p>Oral testimony given by a party or witness prior to trial.</p> Signup and view all the answers

    What are interrogatories?

    <p>Written questions submitted by one party to another party.</p> Signup and view all the answers

    What is a motion for judgment on the pleadings?

    <p>A motion alleging that if the facts are true, the moving party would win.</p> Signup and view all the answers

    What is a settlement conference?

    <p>A hearing to facilitate the settlement of a case before trial.</p> Signup and view all the answers

    What is voir dire?

    <p>The process of questioning prospective jurors.</p> Signup and view all the answers

    What is alternative dispute resolution (ADR)?

    <p>Methods of resolving disputes other than litigation.</p> Signup and view all the answers

    What are the main functions of the law?

    <p>To keep peace, shape moral standards, promote social justice, and provide a basis for compromise.</p> Signup and view all the answers

    What are the schools of jurisprudential thought?

    <p>Natural Law, Historical, Analytical, Sociological, Command, Critical Legal Studies, Law and Economics.</p> Signup and view all the answers

    What is 'Natural Law'?

    <p>The theory that law is based on morality and ethics.</p> Signup and view all the answers

    What does 'command' mean in legal theory?

    <p>The belief that law is a set of rules enforced by the ruling party.</p> Signup and view all the answers

    What does 'law and economics' emphasize?

    <p>That promoting market efficiency should be the central concern of legal decision-making.</p> Signup and view all the answers

    What is administrative law?

    <p>Law regulating the activities of administrative agencies.</p> Signup and view all the answers

    What are federal statutes?

    <p>Laws enacted by Congress to regulate foreign and interstate commerce.</p> Signup and view all the answers

    What is codified law?

    <p>Federal statutes that are organized by topic into code books.</p> Signup and view all the answers

    What is a majority decision?

    <p>When the majority of justices agree as to the outcome of a case.</p> Signup and view all the answers

    What is a unanimous decision?

    <p>When all justices agree on the decision and reasoning.</p> Signup and view all the answers

    What is the District of Columbia Circuit?

    <p>The 12th Circuit Court located in Washington DC.</p> Signup and view all the answers

    What is a circuit in legal terms?

    <p>The geographical area served by each court.</p> Signup and view all the answers

    Study Notes

    • Law: Enforced rules of conduct prescribed by a governing authority, subject to legal consequences.
    • Jurisprudence: The philosophical study of law and legal systems.
    • English Common Law: Development of laws through judicial opinions that set precedents for future cases.
    • Constitution of the United States: The supreme legal authority in the U.S.
    • Statute: Legislation enacted by federal or state governments to establish conduct standards.
    • Judicial Decision: Individual case rulings from federal or state courts.

    Court Systems

    • Administrative Agencies: Government bodies such as the SEC and FTC, created to enforce regulations.
    • Jurisdiction Types:
      • Limited-Jurisdiction Courts: Hear specific types of cases.
      • General-Jurisdiction Courts: Handle a variety of cases, record trials.
      • Special Federal Courts: Address specialized issues under federal law.

    Federal Court Structure

    • U.S. District Courts: General trial courts within the federal system.
    • U.S. Courts of Appeals: Intermediate appellate courts for federal case reviews.
    • Supreme Court of the United States: Highest court, reviews cases from lower courts and judicial decisions.
    • Stare Decisis: Legal principle of adhering to precedent in court decisions.
    • Diversity of Citizenship: Allows federal jurisdiction for cases involving parties from different states or a foreign country.
    • Standing to Sue: Requirement for a party to have a stake in the case outcome.

    Lawsuit Procedures

    • Pleading: Initial paperwork filed to initiate or respond to a lawsuit.
    • Discovery: Pre-trial process to gather facts through depositions, interrogatories, and document productions.
    • Pretrial Motions: Requests to resolve issues before trial, such as motions for summary judgment.

    Alternative Dispute Resolution

    • Mediation: Dispute resolution method where a mediator assists in negotiations.
    • Arbitration: Involves a neutral third party making decisions on a dispute, often dictated by an arbitration clause in contracts.

    Law and Society

    • Functions of Law: Maintain peace, shape moral standards, promote justice, facilitate change and planning, and uphold individual freedoms.
    • Schools of Jurisprudential Thought: Include Natural Law, Historical, Analytical, Sociological, Command, Critical Legal Studies, and Law and Economics, each with distinct views on the law's nature and purpose.

    Legislative Bodies

    • U.S. Congress: Bicameral legislature responsible for enacting federal laws.
    • State Legislatures: Create state statutes impacting local governance.

    Court Decisions

    • Majority Decision: Requires majority of justices to agree on case outcomes and legal reasoning.
    • Unanimous Decision: All justices agree on the decision and rationale.
    • Venue: Determines the appropriate court for a case based on geographical relevance.

    Administrative Law

    • Administrative Law Judge (ALJ): Presides over disputes in administrative law settings.
    • Administrative Procedure Act (APA): Governs federal administrative agencies' processes.
    • State and Local Agencies: Handle regulatory issues at state and local levels.
    • Writ of Certiorari: Supreme Court's decision to review lower court cases.
    • Class Action: Lawsuit filed by a group with common claims against a defendant.
    • Statute of Limitations: Time frame within which a plaintiff must file a lawsuit.

    These notes encapsulate the essential terms, definitions, and concepts from the provided text, serving as a comprehensive study guide.

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    Description

    Explore the fundamental concepts of law, jurisprudence, and English common law in this quiz covering chapters 1 to 3 of the Legal Environment of Business. Test your understanding of essential legal terms and their implications for businesses.

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