Blaw 3391 Test #1 Laura Pleasant Quizzes And Answers Latest 2024

Constitutional Law - 1st Source of law - Federal and State Constitutions Executive Order - Legally binding directive from the president - Ex in 1957 Eisenhower ordered federal troops to enforce the Supreme Court's ruling to desegregate the school system Treaty - Written Agreement between two or more countries Becomes Legally binding when they are approved by 2/3 of the Senate Statutory Law - 2nd Source of law - the field of law involving statutes, which are laws passed by congress or by state legislature Ex - a. Ordinance - law passed by a local government, such as a city council Administrative Law - 3rd source of law - is the body of rules, regulations and decisions created by administrative agencies Uniform Commercial Code - The UCC was the solution to the problem of people trading between states so that they did not have to know the law in each state that they traded in. The UCC was prepared in 1952 and over 15 years all 50 states adopted the UCC as part of their state law. UCC defined set of laws that govern various commercial transactions and are designed to bring uniformity to state law Case Law - the 4th and last source of law - the effects of court decisions that involve the same or similar facts. Precedent - a court decision on which later courts rely in similar cases. Decisions made by the US supreme court must be followed by other courts.Citiation - names of parties, volume number, name of the reporter, and beginning page number Jurisdiction - The authority of the court to hear and decide a case. A court must have several types of jurisdiction to decide any particular case. Original jurisdiction -First - 1. The first court that can hear the case 2. State system - county & district Courts 3. Federal System - District Courts Appellate jurisdiction - First - Appeals Court answers questions of law 1. Power to review previous decisions 2. There are no trials at this level 3. Questions of law instead of questions of fact In personam jurisdiction - Second - Jurisdiction over the person Extends only over a certain geographic location Long arm statues - when people go to another state but don't live there Corporations are subject to in personam in a state which they are incorporated, have a principal office or doing business in that stateIn rem jurisdiction & Quasi applies to personam jurisdiction - Means it can reach property in another state Cyberspace in personam - Three types of internet business contacts known as the sliding scale 1. Substational business over the internet 2. Some ineractivity through a website 3. Passive advertising Subject Matter Jurisdiction - Third - A courts power to hear certain kinds of cases State (broad), Federal (narrow) or Concurrent Concurrent means both state and federal courts have jurisdiction Concurrent jurisdiction exists in which two situations? - Federal question Diversity of Citizenship Venue - Once we know which proper court system has jurisdiction VENUE determines which trial court in that system will hear the case Where the defendant resides is usually appropriate venue. Other places with proper venue might be where property is located or where an incident occurred.Threshold Requirements - 1. Standing - the legally protectible stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief 2. Ripeness- a current controversy worthy of adjudication must exist before a federal court may hear a case Structure of the Court System (Federal) - Article III, Section 2 of the U.S. Constitution 3 Levels of Courts 94 districts with general jurisdiction courts Limited jurisdiction courts (ex bankruptcy) Very limited situation the US Supreme Court acts as a trial court - Controversies between states and lawsuits against foreign ambassadors Structure of the Court System (State) - The two basic types of courts which make up the Texas judicial system are the trial and appellate courts Because the constitution limits each county to a single county court, the legislature has created statutory county courts at law in the larger counties to aid the single county court in its judicial functions. Federal Court System - The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court. Supreme Court - the highest federal court in the United States 9 justices, meeting in D.C.Appeals jurisdiction through certiorari process - a writ order by which a higher court reviews a decision of a lower court Limited original jurisdiction over some cases Courts of Appeal (circuit courts) - Intermediate level in the federal system 12 regional circuit courts, including D.C. Circuit No original jurisdiction; strictly appellate District Courts - - lowest level in the federal system - 94 judicial districts in 50 states and territories - no appellate jurisdiction - original jurisdiction over most cases Alternative Dispute Resolution (ADR) - The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. Negotiation - 1st form of ADR - is informal discussion of the the parties, sometimes without attorneys, with the goal of coming to a meeting of the minds in resolving the case Mediation - 2nd form of ADR - a method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement Arbitration - 3rd form of ADR - The settling of a dispute by submitting it to a disinterested third party other than a court, who renders a decisionEthics - Moral principles and values applied to social behavior Business Ethics - the application of ethics (moral and ethical principles) to the special problems and opportunities experienced by business people Why is studying business ethics important? - 1. profit maximization as a goal 2. the rise of corporate citizenship (triple bottom line) - profit, people and planet Ethical Delimma - a situation in which ethical principles conflict or when there is no one clear course of action in a given situation Approaches to Ethical Reasoning - Duty Based and outcome-based Duty based ethics - An ethical philosophy rooted in the idea that every person has certain duties to others, including both humans and the planet. Those duties may be derived from religious principles or from other philosophical reasoning. religious ethical principles - basing your decisions on religious authorities or philosophical reasoning Principal of rights - how does your decision affect the rights of others Kantian Ethical Principles - people are not means to an end Outcome-Based Ethics: Utilitarianism - Focuses on the impacts of a decision on society or on key stakeholders, the greatest good for the greatest number