BLAW 3310 Exam 1/139 questions and answers (BLAW 3
BLAW 3310 Exam 1/139 questions and answers (BLAW 3
BLAW 3310 Exam 1/139 questions and answers (BLAW 3
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BLAW 3310 Exam 1/139 questions and answers
(BLAW 3310 Exam 1 - Miller The Legal Environment
of Business, 12 Ed. (Meiners) Chapters 1-5)
Law - - enforceable rules of conduct set forth by a government to be
followed by the citizens of the society
- Stability - - the legal system helps define acceptable behavior. The law
limits activities that hurt the public interest. The law can also require or
encourage business practices that further social or political goals
- Predictability - - law provides predictability and uniformity
- Social Change - - the legal system provides a way to bring about changes
in "acceptable" behavior
-Plessy v. Ferguson (1896): state racial segregation for public facilities legal
under "separate buy equal"
-Brown v. Board of Education (1954): state laws establishing racial
segregation in public school is unconstitutional
- Conflict Resolution - - a critical function of the law is dispute resolution
-Court system (formal process)
- Constitution - - the fundamental law of a nation; written document (not
always written) establishing the powers of government and its basic
structure
- U.S. Constitution - - sets framework, powers and limits of federal
government (3 branches of government)
- Legislative Branch - - Congress (House and Senate); makes the laws
- Executive Branch - - President and his cabinet; implements the laws
(executive orders)
- Judicial Branch - - Supreme Court; interpret the laws
- Statutes - - rules made by legislative bodies; written by legislative, signed
into by executive; typically commands or prohibits something, or declares
policy (affects business behavior)
- Administrative Agencies - - a governmental bureau established by
Congress (or the President) to execute certain functions of Congress
, - Common Law - - law made and applied by judges as they resolve disputes
among private parties; foundation of agency (employment), contact,
property, and tort law
- Legal Precedent - - to settle disputes that are similar to past disputes,
judges look for guidance by studying decisions form earlier recorded cases
- Stare Decisis - - "to stand on decided cases"; the use of precedent by
courts
- Criminal Law - - concern legal wrongs or crimes committed against the
state (Felony or Misdemeanor)
- Felony - - serious class crime punishable by imprisonment of more than a
year
- Misdemeanor - - lesser class crime punishable by a fine and/or
imprisonment of less than a year (not in state or federal penitentiaries)
- Beyond a Reasonable Doubt - - in criminal law, the general rule that for a
judge to find a defendant guilty, there can be no significant doubt that the
defendant violated a criminal statute (higher standard of proof); jail time
- Civil Law - - concerns the rights and responsibilities that exist among
members of society or between individuals and the government in non-
criminal matters
- Preponderance of the Evidence - - in civil trials, the burden of persuasion
to win a verdict requires that the plaintiff prove its claim by having the
majority (51%) or bulk of the evidence on its side (lesser burden of proof);
monetary fines
- OJ Simpson Murder Case - - example of beyond a reasonable doubt (not
guilty) and preponderance of the evidence (guilty)
- Federal Judges - - nominated by the President and confirmed by a majority
vote in the U.S. Senate; lifetime appointment; only removed by
impeachment
- State Judges - - elected, appointed or chosen by a method that mixes the
two; serves for a fixed term and forced to re-run
- Doctrine of Judicial Immunity - - a judge is immune from suit for damages
for judiciary acts
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