Legal Foundations Chapters 1-3: Stare Decisis and Precedent

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Questions and Answers

What is commerce?

The activity of buying and selling, especially on a larger scale (correct)

The activity of buying and selling on a small scale

The activity of exporting goods only

The activity of producing goods and services

What is the constitutional clause that gives Congress the exclusive powers to regulate foreign commerce, interstate commerce, and commerce with the Indian Tribes?

The Indian Tribes Act

The Interstate Commerce Act

The Foreign Commerce Act

The Commerce Clause (correct)

What is the principle of stare decisis?

The power of congress to regulate bankruptcy, patents, and copyrights

The protection of individuals' rights under the constitution

Applying the law made in previous appellate court opinions to current cases

The principle that similar cases with similar facts under similar circumstances should have similar outcomes (correct)

What are the main methods of Alternative Dispute Resolution (ADR)?

Mediation and arbitration Signup and view all the answers

What is the purpose of a settlement agreement in ADR?

To agree to a payment in exchange for the other party's promise not to sue Signup and view all the answers

What is the purpose of researching past cases with similar circumstances?

To create a guide for business on how to conduct transactions Signup and view all the answers

What is the difference between arbitration and a court hearing?

Arbitration is less formal than a court hearing and does not involve discovery or the rules of evidence Signup and view all the answers

What is precedent in the context of law?

Applying the law made in previous appellate court opinions to current cases with similar facts Signup and view all the answers

What is the limitation on the power of congress to regulate individuals and businesses?

The federal government has limited powers to regulate individuals and businesses Signup and view all the answers

What is private arbitration?

Arbitration agreed to by parties in a contract Signup and view all the answers

What is the role of a mediator in ADR?

To negotiate a settlement between the parties Signup and view all the answers

What is the status of corporations in terms of political speech?

Corporations are allowed to use political speech and any attempt to regulate it would be dealt with by strict scrutiny Signup and view all the answers

Which ADR agency is the largest provider of arbitration services?

American Arbitration Association (AAA) Signup and view all the answers

What is the difference in privacy between commercial and residential businesses?

Commercial businesses have little privacy, whereas residential businesses have a lot of privacy Signup and view all the answers

What is the constitutional protection that businesses have?

The protection of businesses under the constitution Signup and view all the answers

What is the significance of the appellate court in the legal system?

The appellate court's decisions are binding on trial courts Signup and view all the answers

Study Notes

Legal Foundations

Stare decisis is the principle that similar cases with similar facts under similar circumstances should have similar outcomes, guiding businesses in determining the burden of taxation.
Precedent is applying the law made in previous appellate court opinions to current cases with similar facts, binding on the trial courts.

Constitutional Protections

Businesses have constitutional rights that protect them, but with limits on free speech.
Corporations are allowed to use political speech, and any attempt to regulate it would be dealt with by strict scrutiny.
Privacy depends on location and circumstances, with commercial businesses having less privacy than residential businesses.

Federal Powers

The federal government has limited powers to regulate individuals and businesses under the federal system.
Congress has exclusive powers to regulate bankruptcy, patents, and copyrights under Article I.

Commerce Clause

The Commerce Clause gives Congress the exclusive powers to regulate foreign commerce, interstate commerce, and commerce with the Indian Tribes.

Dispute Resolution

Alternative Dispute Resolution (ADR) refers to non-judicial methods of resolving disputes outside of the federal or state court system through third-party assistance.
Main ADR methods include mediation and arbitration.
Informal ADR involves face-to-face negotiations through intermediaries to arrive at a mutually agreeable solution.
Formal ADR involves arbitration, mediation, and expert evaluation, often required by state and federal courts before allowing certain civil lawsuits to go to trial.

Arbitration

Arbitration is a method of ADR in which parties present their sides of the dispute to one or more neutral parties who render a decision.
Arbitration involves a hearing similar to a court hearing, but less formal, with no discovery and no application of rules of evidence.
Parties seeking arbitration typically apply for an arbitrator through an ADR agency, such as the American Arbitration Association (AAA).

Mediation

Mediation is a method of ADR in which a mediator attempts to settle a dispute by learning the facts of the matter and negotiating a settlement between the parties.
Mediation is a non-binding process, and the parties are not required to accept the mediator's proposal.

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Description

This quiz covers the principles of stare decisis and precedent, including their application in business and taxation. Learn how to research and understand past cases to guide your decisions.