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Business Law WGU Questions and Answers Latest 2022

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Sources of Law: - ANSWER Constitutional Statutory Common Administrative In a nation, the law serves to: - ANSWER 1. Keep the peace 2. Maintain the status quo 3. Preserve individual rights 4. ... Protect minorities against majorities 5. Promote social justice 6. Provide for orderly social change. U.S. Constitution (3 branches): - ANSWER Legislative, executive, judicial. Constitution - ANSWER Provides organizational and procedural requirements, defines the boundaries of each branch's jurisdiction, and created "checks" on each brand by the other branches. Legislative Branch - ANSWER Responsible for creating statutory laws (headed by congress). Executive Branch - ANSWER Enforcing the statutes enacted by the legislative branch (headed by the President). Judicial Branch - ANSWER Interpreting all laws, including statutes, codes, ordinances, and the federal and state constitutions (Supreme Court). Limits on Agency Power - Judicial Review - ANSWER ••A party injured by an agency decision is entitled to an appeal in a federal court, ONLY after all appeal options are exhausted within the agency itself. ••The court must consider the facts as stated by the experts in the agency and the law as interpreted by the agency. Bill of Rights - ANSWER The first ten amendments to the Constitution. Originally meant to apply to federal actions only. Now applies to federal and state actions. Statutory Law - created by a legislative body. - ANSWER Term used to define "written laws" that criminalize certain actions and spell out penalties for violation (such as a fine for not wearing your seatbelt while driving a car); newest law. Can be changed or repealed with a simple majority vote. Statutes versus Common laws - ANSWER Statutes - written laws passed by legislative assemblies. Common laws - based on rulings made by judges; derived from judicial decisions. An organization must move onto federal district court once it has exhausted all of its appeal options within the agency itself. This is an example of...... - ANSWER The Administrative law Common Law - Appellate court bears the case - ANSWER Judge-made law that originally came from England; Based on Stare Decisis, meaning "let the decision stand". Previous decisions are used in similar cases. Civil law jurisdictions - ANSWER Judges don't have the power to create law through interpretation and o let the legislature may create a law. Jurisdiction - ANSWER An area where power may be exercised. Administrative Law - ANSWER Governs the creation and operation of administrative agencies; Protect public interest rather than to vindicate private rights. Enacted by agencies empowered by Congress or state legislature. A Bill becomes a law by: - ANSWER The Bill is introduced in congress through the senator or house of reps. Sent to its Subcommittee. Subcommittee will discuss changes and send to house and reps and if approved it is sent to the Senate for a discussion. Senate sends a bill to its subcommittee who's members make changes to the bill then sent to the full Senate to vote. If the Senate votes in favor of the bill the joint committees (Senate and House of Reps) then it will go to the President. If the president vetoes a bill it will go back to the house of rep and senate and if both vote in 2/3rds in favor of the bill then it becomes a low even if the president vetoed it. On the other hand, if the president signs to bill it will become a law (statute). Agencies are created by: - ANSWER Most are created by legislature. Federal level, they are created by Congress. State level, their created through the state legislative bodies. Laws that are created by Administrative agencies are called: - ANSWER Rules and Regulations Litigation - ANSWER The process of bringing a lawsuit. Plaintiff - ANSWER The party that begins the legal suit also known as the victim. Defendant - ANSWER The alleged wrongdoer or perpetrator. Alternative Dispute Resolution (ADR) - ANSWER Refers to the process of settling you dispute outside of the court room may be court ordered (or mandatory), stipulated by contract provision, or simply agreed to buy the two parties. Negotiation as a method of ADR: - ANSWER Two parties (no third party involved) try to settle a dispute by themselves (or through their attorney), helps to preserve relationships, most simple form, and least formal process. Mediation as a method of ADR: - ANSWER Two parties try to settle a dispute with the help of a neutral 3rd party (mediator). Neutral, impartial, does not represent either parties' interest. Helps to guide the parties to a resolution. Helps to preserve the relationship and doesn't make a decision for the parties nor determine the outcome. Mediation would be used in a business when: - ANSWER Disputes between employees and employers about topics such as workplace conditions, wrongful discharge, or advancement grievances. Also used for a dispute between businesses and consumers. Advantages and disadvantage is of mediation: - ANSWER Less expensive, avoid the uncertainty of a jury trial, confidential, businesses may not want to set precedent by going to court. No formal rules for the process(If you don't employ a skilled mediator then this may cause impasse). Relies on the cooperation of both parties. Three categories of courts in the federal and state court system—what are their names? - ANSWER District courts, courts of appeal, US supreme court. Diversity jurisdiction - ANSWER The citizens must be from two different states and the amount of the controversy must exceed 75,000. Which court has ultimate authority in interpreting the Constitution? - ANSWER US supreme court Describe the "Commerce Clause." - ANSWER Places limits on the federal government - the states have much more broader authority to pass laws then the federal government does because the federal government can only pass laws that have connection with interstate and foreign commerce. Explain the "Dormant Commerce." - ANSWER The states can generally pass a law that in someway or another impact on interstate commerce as long as it's not unduly burden some, and does not discriminate against out of state business. Explain the "Supremacy Clause." - ANSWER Also known as the preemption doctrine; States can make a law but if it's not consistent with the federal law and federal law wins out of state law; It's an exception when the state law is consistent with federal law. There is sometimes a dormant commerce clause issue to look at as well (can't to be unduly burden some and cannot discriminate against out of state business). Bill of Rights - ANSWER The first 10 amendments to the Constitution. Protects us from the government; apply ONLY to state and federal government actions. 14th Amendment Due Process Clause - ANSWER States provide due process in cases affecting the life, liberty, or property of U.S. Citizens. If state and federal rights conflicts, _____________________. - ANSWER the Bill of Rights controls. Difference between a tort and a crime: - ANSWER Crime: An act against the people as a whole; a wrong that arises from a violation of a public duty. Tort: is a wrong that arises from a violation of a private duty for which damages are owed. Three kinds of tort: - ANSWER Intentional, negligent, and strict liability. Describe intentional tort. - ANSWER Knew that act being done was going to result in certain consequences and still acted on it not intending for the act to cause harm. Differences between the tort of assault and tort of battery: - ANSWER Assault: doesn't require touching (Making someone think they're about to be a recipient of the battery constitutes an assault). Battery: Unauthorized and harmful or offensive physical contact with another person that causes injury. Describe false imprisonment. - ANSWER Kidnapping someone; locking someone up in your room or restraining them without cause. A threat to hold onto someone's belongings, for example, a teacher takes the students iPad and threatens to keep it if the student does not stop talking. How would you describe intentional infliction of emotional distress? - ANSWER Purposely pushing someone down the stairs. Offensive or insulting language being used can someone that may cause them emotional distress. Defamation - ANSWER Injury to a persons good name or reputation. What is the difference between slander and libel? - ANSWER •If the harm is done through the spoken word (by telephone, radio, television). •If defamatory statement is published in written form (injuring someone's good name through written form). Four interests associated with a persons right to privacy: - ANSWER •The right to control the appropriation of your name and picture for commercial purposes. •The right to be free of intrusion on your personal space or seclusion. •Freedom from public disclosure of embarrassing and intimate facts of you personal life. •The right not to be presented in a "false light." When does "trespass to land" occur? - ANSWER Whenever someone enters onto, above, or below the surface of land owned by someone else without the owners permission Describe attractive nuisance. - ANSWER Things on or around the neighborhood/ property that might pose a threat, such as a pool in the backyard, trampolines, piles of sand or rocks, and lumber. Describe conversion. - ANSWER You let a friend borrow an extra cell phone for a week and they just never returned it, instead they intentionally continue to use it not intending for it to fall in the pool and become damaged. -Causing destruction of or a serious and substantial interference with the plaintiffs personal property. Describe fraud. - ANSWER Intentionally lie about something such as writing a check to someone for $500 and that check was not valid when cashed at the bank. Using a fake name. Describe assumption of risk. - ANSWER The plaintive knew the risks they were taking and still became involved with it for example, plaintive got into a car with a drunk driver, knowing the driver was drunk. Describe self defense. - ANSWER Offending yourself with force when there is a threat against you for example, someone is trying to grab you and you spray them in the face with pepper spray. What are compensatory damages? - ANSWER Property destroyed, compensation for lost wages, reimbursement for medical expenses, and dollars for the pain suffered due to an incident. What are punitive damages? - ANSWER To punish the wrongdoer after they intentionally committed a wrong with malicious intent or done something outrageous; Intentionally and maliciously trying to harm another person. What is the "single recovery" doctrine? - ANSWER The plaintiff is entitled to only one recovery for a particular harm. If the jury has awarded more than one remedy, the plaintiff should elect a single remedy. Describe negligence. - ANSWER Careless act; You replace a tire for a customer and forgot to screw on all the lug nuts so the customer leaves the shop in the tire comes off, causing damage to the vehicle, you are liable for those damages. Elements of negligence: - ANSWER Duty of care, breach of duty of care, causation, and damages. What are special duties of professionals? - ANSWER To act as a reasonable person in their profession— standard of care. What is Trespasser? Licensee? Invitee? - ANSWER •If a person enters upon someone else's land without permission or privilege to do so. •Category of non-trespassers. Someone who is not trespassing; people allowed to come in to your home for the party. •People allowed to come on land to conduct business to the owners or occupiers business (landscape, pest control). How would you explain the difference between what factual cause and proximate cause? - ANSWER •Factual "but for" - John would not have fell off the ladder "but for" his mistake of not placing the belt around his waste, John ended up falling. •Must be for seeable "not to remove " - A semi truck negligently crashes into a house. res ipsa loquitur (the thing speaks for itself) - ANSWER A doctrine that allows the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. Ex: Jimmy is walking on the sidewalk. A chair falls from the hotel window and lands on him. Jimmy can win against the owner based on res ipsa loquitur because it is more likely than not that the owners negligence caused the injury. Describe the differences between contributory negligence and comparative negligence. - ANSWER •If a person was injured in an accident due to his or her own negligence, they wouldn't be able to collect any money from the other party who supposedly concierge accident. •If a person was injured in an accident to do his or her own negligence, they will be compensated for part of their injuries while the other party that cause the accident will be liable for the remaining balance. Describe "assumption of risk." - ANSWER The plaintiff knew the risks they were taking and still became involved with it. Strict liability: - ANSWER Require neither intent nor carelessness. No matter how careful or careless the defendant is, if someone is harmed the defendant is always liable. Categories of Strict Liability - ANSWER Causation + damages = negligence Describe product liability. - ANSWER No warning label or unclear warning label on the product causing misuse of the product. Ex: A child sticks their hands into the blender causing damage and injures so the defendant (manufacturer) will be liable for having no label or unclear warning label on the product. Manufacturing Defect - ANSWER When something goes wrong in the manufacturing process causing a product to differ from its intended design. Ex: A purse that was made but missing a stitch that the rest of the purses seem to have. Design Defect - ANSWER A problem with how the product was designed. Ex: Gluing parts together instead of sewing them together, in order to save money. What are some defense is so strict liability? - ANSWER Assumption of risk, product misuse, comparative negligence, commonly known dangers, knowledgeable-user defense. Patent - ANSWER An exclusive right granted for an invention, which is a product or process it provides, in general, a new way of doing something or offers a new technical solution to a problem. Three different types of Patents: - ANSWER Utility Design Plant What types of things are not patentable? - ANSWER And idea alone (without a definite description), physical phenomena, laws of nature, abstract ideas, and artistic works. How can genetically modified agricultural products be patented? - ANSWER The invention must be useful, new, and non-obvious. Procedures for obtaining a patent: - ANSWER 1.Determine the type of intellectual Property protection that you need. 2.Determine if your invention is patentable. 3.What kind of patent do you need? 4.Get ready to apply. 5.Prepare and submit your initial application. 6.Work with your examiner. 7.Receive your approval. 8.Maintain your patent. Describe "Shop Right" - ANSWER When you use someone else's resources to create an invention, however that person does not own the invention, even though you have used their resources to create it. How can suits for patent infringement arise? - ANSWER Three ways: **The patent holder may seek damages and an injunction against the infringer in federal court, requesting damages for royalties and large profits as well. **Even before being sued, the accused party may take the patent holder to court under the federal declaratory judgment act, seeking a court declaration that the patent is invalid. **The patent holder may sue a licensee for royalties claimed to be due, and the licensee may counter claim that the patent is invalid. Copyright - ANSWER An exclusive right granted by the federal government allowing the owner to reproduce and sell an artistic or published work. How long does the copyright last? - ANSWER Life of author plus 70 years after the death of the author. If there is more than one author, it expires 70 years after the death of the last surviving author. Copyright licenses - ANSWER Allows members of the public to view or use copyrighted work for free or for a fee. How would you describe copyright infringement? - ANSWER Using someone else's work without permission, as if it were yours. Example: writing an essay and copying someone else's essay then turning it in as if it was your work. Fair use - ANSWER Copying a work for purposes of commentary, criticism, news reporting, teaching, or research. Trademark - ANSWER Any kind of name, logo, motto, slogan, device, sound, color, or look that identifies the origin of a particular good or service. Protected by the Lanham act. A trademark can last: - ANSWER Forever and are not subject to the constitution is "limited time" restriction. Describe Genericide. - ANSWER Trademarks that became generic and therefore have lost legal protection. Example: aspirin, escalator, thermos, zipper, asphalt, soft soap, lite beer, yoyo, and q tips. How are "brands" different from "trademarks?" - ANSWER Brands- Either registered as trademarks or trade markable. Trademarks- Not all trademarks are brands. What types of things can be trademarked? - ANSWER Words, names, phrases, common and on original words, color, shape of an item, sounds. Trademark infringement - ANSWER Unauthorize use of someone else's Mark, either completely or to a substantial degree, when marketing goods or services, without the permission of the marks owner. Defenses of trademark infringement - ANSWER Fair use (Parody, comedy, or satire) Example: the grill on the hummer in the grill on the jeep or two dissimilar. Example: in a movie or commercial, they blur out the make of the vehicle. Example: if a movie wanted to mention a competitor's product to draw a comparison with its own product. What are trade secrets? - ANSWER Secret information; Can last forever (if the owner of the secret can keep it a secret). Example: the ingredients to make Dr Pepper. **Opposite from a patent which must disclose details of the invention. Uniform Trade Secrets Act - ANSWER Only works in some states, to protect trade secrets. Restatement of Contracts - ANSWER Completed in 1932. A revision was undertaken in 1946 and completed in 1949. Detailed analysis on the following cases: others exist in the fields of towards, agency, conflicts of laws, judgment, property, restitution, security, and trusts. These analysis are made with an eye to discerning the various principles that have emerged from the courts and, to the maximum extent possible, the restatement is declared the law as the courts have determined it to be. [Show More]

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