LSB 3213 Unit 1 Exam Study Guide Questions + Answers Graded A+

What 3 aspects of justice does the popular depiction of Lady Justice represent? - ️️1. Justice should apply equally to all 2. it does not matter if the individual is rich or poor, famous or not 3. In a just system, legal principles apply equally to all parties regardless of their position in society or wealth. What is the difference between monetary damages, a restraining order, and specific performance? - ️️monetary damages- remedies equitable relief- restraining order an order requiring a party to carry out their obligations as specified in the contract.- specific performance What is a bill - ️️draft or proposed statute that a legislature has not yet passed or the executive has not yet approved What is a statue - ️️created by a legislative body for the passage of federal law What is an ordinance, and what types of issues do ordinances generally regulate? - ️️statutes at local level are ordinances. Generally regulate issues such as time zone or impose health and safety regulations on local merchants such as restaurants. What is common law? - ️️essential law made by the courts, that is; law that has not specifically been passed by the legislature but is based on the fundamentals of the previous cases that had similar factors What is the difference between substantive law and procedural law? - ️️Substantive provides individuals with rights and create certain duties, whereas procedural sets a structure and rules for pursuing substantive rights What system of law is the U.S. common law derived from? - ️️British common law Can a person be prosecuted criminally and sued civilly for the same act? - ️️Yes, they are not mutually exclusive Do secondary sources of law have any independent authority or legally binding effect? - ️️No How did the Pennsylvania Supreme Court rule in Flagella v. Pennsylvania Hospital (1964)? - ️️In favor of FlagielloWhat does the categorical imperative test consist of? - ️️In summary(Kant), the categorical imperative test is a moral test to help individuals decide right and wrong. Hence the question, "What if everyone took the same action?" What is the broadcast news test? - ️️how you would feel if a business decision was broadcasted to the public What are morals? - ️️Morals are generally accepted standards of right and wrong in a given society or community. Under Milton Friedman's theory, should corporations donate to charitable causes and why. - ️️No, the maximizing profit theory denotes it, because it puts the wealth of the company and shareholders above all. What reporting obligations do all employees have under an effective values management program? - ️️To report all violations of law or the company's code of ethics to a superior manager, in-house counsel, or a company's compliance department. What is a compliance department? - ️️A unit within an organization that is staffed with by lawyers and non-lawyers. These departments help an organization follow rules and regulations. What is the triple bottom line? - ️️emphasizes not only profit, but also a company's creation, or destruction of environmental and social value According to the U.S. House of Representatives report on MF Global, what type of environment did John Corzine create in the company? - ️️One that was criticized, and may have violated the company's internal controls and various state and federal investment law. ( He invested into European countries) What does the preamble of the U.S. constitution do? - ️️lists the main goals, a more perfect union, justice, domestic tranquility, national defense, general welfare, liberty What branch of government can impeach? - ️️Legislative Branch Which types of cases do the rational basis test, immediate scrutiny, and strict scrutiny each apply to? - ️️judicial review involving due process and equal protection claims Which amendment to the U.S. constitution contains the Equal Protection clause? - ️️the 14th amendment, prohibits state governments from denying their citizens equal protection of the lawsUnder the 4th amendment to the U.S. Constitution, may an officer search a person on the street because he doesn't like his appearance? - ️️No, because the officer must demonstrate a probable cause to a judge to get a warrant.