Business Law 3391 Test #1 Questions And Answers 100% Correct | Verified.
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Module
B LAW 3391
Institution
B LAW 3391
Primary Sources of Law - correct answer 1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Case Law
Constitutional Law - correct answer Law based on documents that set forth the general...
Primary Sources of Law - correct answer 1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Case Law
Constitutional Law - correct answer Law based on documents that set forth
the general organization, power, and limits of their respective government.
Supreme law of the land in the United States - correct answer The United
States Constitution
Statutory Law - correct answer Law passed by Congress, state legislatures,
and/or local governing bodies
Statutes - correct answer Included in federal code of laws or the relevant state
code of laws
The Uniform Commercial Code - correct answer - Set of laws uniformed when
states intermingle and legal issues come up when doing business or other actions.
- Has been adopted by all 50 states, D.C., and the U.S. Virgin Islands
The Creation of the UCC - correct answer Through the joint efforts of the
NCCUSL and the American Law Institute.
Administrative Law - correct answer Consists of rules, orders, and decisions of
administrative agencies
,Administrative Agency - correct answer Federal, state, or local government
agency established to perform a specific function
Case Law - correct answer - Doctrines and principles announced in cases
- Governs all areas not covered by statutory law or administrative law and is part of our common law
tradition
Common Law - correct answer - The earliest version of law
- Laws adopted when US was a part of Britain
- Applies principles and precedents through different but was never record
Precedent - correct answer When courts follow and apply principles from
previous cases to current court cases
Star Decisis - correct answer Doctrine of precedents whereby prior decisions
of courts are followed under similar facts
*latin for "to stand on decided cases"
Binding Authority - correct answer any source of law that a court must follow
when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern
the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction
Persuasive Authority - correct answer Any legal authority or source of law that
a court may look to for guidance but need not follow when making its decision.
Equity - correct answer Equity is a branch of law founded on notions of justice
and fair dealing.
substantive v. procedural - correct answer Laws that define, Describe,
Regulate and create legal rights and obligations versus laws that establish methods of enforcing the
rights established by substantive lase.
,Civil Law - correct answer the study of the rights and obligations of individuals
criminal law - correct answer concerned with the acts against society and the
regulation of crime activity
Executive Order - correct answer - Legal orders direct form the president
- Frequently used sources of law
Classifications of Law - correct answer - Civil
- Criminal
Civil Law Burden of Proof - correct answer Preponderance of the evidence;
plaintiff has burden of proof
Criminal Law Burden of Proof - correct answer Beyond a reasonable doubt;
jury must be unanimous in decision
Mistrial - correct answer When a unanimous decision cannot be made by a
jury and a case can be tried again
Court System Creation - correct answer Established by federal and state
constitutions
Judicial Review - correct answer judiciary can decide, among other things,
whether the laws or actions of the other two branches are constitutional
-Marbury vs. Madison
Jurisdiction - correct answer The authority to listen an decide over a case
-courts need several types to hear a case
-"the power to speak the law" latin
, Types of Jurisdiction - correct answer - In personam
- In rem
- Long arm statutes
- Subject Matter
In Personam - correct answer Jurisdiction when a person/business is in their
geographical area
In Rem - correct answer Jurisdiction when property is in their geographical
area
Long Arm Statutes - correct answer Jurisdiction used for non residents/parties
are based on minimum contracts with a state
Corporate Contacts - correct answer - Used to decide whether a long arm
statute can be applicable
- Corporations advertisements or sells products within a state
Jurisdiction over Subject Matter - correct answer General: Court can hear all
sorts of Matters
Limited: Can only hear about certain types of cases (ex: probate/bankruptcy court)
When do the federal courts have original jurisdiction? - correct answer -a
plaintiff's cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law
-diversity of citizenship
diversity of citizenship - correct answer A basis for federal court jurisdiction
over a lawsuit between citizens of different states or a lawsuit involving a U.S. citizen and a citizen of a
different country.
-The plaintiff and defendant must be residents of different states.
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