Business Law 3391 Test #1 Questions And Answers 100% Correct | Verified.
7 views 0 purchase
Course
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.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller RealGrades. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R298,73. You're not tied to anything after your purchase.
