Precedent (Ch. 1) - ANSWERSJudicial decisions often include interpretations of statues and administrative regulations, as well as the reasoning they used to arrive at a decision.
Such reasons relies heavily on precedent, past decisions in similar cases that guide later decisions thereby providi...
BUL 4421 - Department Assessment Review Exam 2024 Questions & Answers
100% Correct
Precedent (Ch. 1) - ANSWERSJudicial decisions often include interpretations of statues
and administrative regulations, as well as the reasoning they used to arrive at a decision. Such reasons relies heavily on precedent, past decisions in similar cases that guide later decisions thereby providing greater stability and predictability to the law.
Stare Decisis - ANSWERSWhen courts rely on precedent, they are obeying the principle of stare decisis ("standing by their decisions"), in which rulings made in higher courts become binding precedent for lower courts. 9
When an issue is brought before a state court, the court will determine whether the state
supreme court has made a decision on a similar issue, which creates a binding precedent or pattern of law the lower court must follow.
Business Ethics (ch. 2) - ANSWERSThe application of ethics to the special problems and opportunities experience by business people.
Business ethics builds on business law - ANSWERSThe law both affects and is affected
by evolving ethical patterns. but business law provides only a floor for business ethics, telling the business leaders the minimally acceptable course of action.
In personam jurisdiction (ch. 3) - ANSWERSThe power of a court to render a decision affecting a person's legal rights.
Subject-matter jurisdiction - ANSWERSThe power of a court to render a decision in a particular type of case. The three forms of Subject-matter jurisdiction are state, exclusive federal, and concurrent.
Alternative Dispute Resolution (ch. 4) - ANSWERSrefers to resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials. Benefits of ADR - ANSWERSwhy might a business prefer to resolve a dispute through ADR rather than litigation?
First, ADR methods are generally faster and cheaper than litigation.
Due Process (ch. 5) - ANSWERSFor business people and corporations, the 5th amendments due process clause provides extensive protection. this clause states that government cannot deprive a person of life, liberty or property without due process of law.
Due process clause guarantees two types of due process: procedural and substantive - ANSWERSProcedural due process - requires that the govt use fair procedures when taking the life, liberty, or property of an individual or corporation. Substantive due process - refers to the basic fairness of laws that may deprive an individual of life or liberty.
Pretrial Criminal Procedure (ch. 7) - ANSWERSOrdinarily to obtain the necessary arrest
warrant, the agent must demonstrate that there is probable cause, or likelihood, that a suspect committed or is planning to commit a crime.
Damages available in Tort Cases (ch. 8) - ANSWERSBecause the primary objective of tort law is to compensate victims, the primary type of damages is compensatory damages.
Damages available in tort cases: Nominal, punitive - ANSWERSNominal Damages- small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages. Punitive damages- awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.
Elements of negligence (ch. 9) - ANSWERSNegligence- behavior that creates an unreasonable risk of harm to others
in contrast to INTENTIONAL TORTs, which result from a person's willfully taking actions
that are likely to cause injury, negligent torts involve the failure to exercise reasonable care to protect another's person or property.
Elements of negligence cont. - ANSWERSDuty- the standard of care that the defendant (reasonable person) owes the plaintiff. breach of duty- the defendants lack of maintaining the standard of care a reasonable person would owe the plaintiff.
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