C713 Business Law WGU, Top exam questions and answers, graded A+. verified.

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C713 Business Law WGU, Top exam questions and answers, graded A+. verified. The legal system in the United States is comprised of - ✔✔-multiple jurisdictions at the local and state levels a... nd one federal jurisdiction. Local and state laws may not conflict with - ✔✔-federal laws Primary sources of law - ✔✔-constitutional statutory common administrative The law serves to - ✔✔-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 The U.S. Constitution is foundational. - ✔✔-State laws can not conflict with fed. laws U.S. statutory and common law cannot be - ✔✔-inconsistent with its provisions. Congress creates statutory law (with the signature of the president) - ✔✔-Introduced as a bill, sent to a committee, pass through house of origination, goes to other (house of rep or senate), if passes, goes to joint committee, then back to congress for full congressional vote, if passes goes to president (approve or veto) courts will interpret constitutional law and statutory law - ✔✔-Can create a president, but that is not mean it will be upheld in different jurisdiction Where there is neither constitutional law nor statutory law, - ✔✔-the courts function in the realm of common law 50 states, each of which also has a constitution, or foundational law - ✔✔-Can not conflict with federal law/constitution Both the federal government and the states have created administrative agencies and an agency only has _______ - ✔✔-the power that the legislature gives it. Examples of administrative agencies - ✔✔-Ex. OSHA, EPA, FTC, FCC They use administrative law an agency will often create regulations, which have the same force and effect as ______. - ✔✔-statutes FCC regulates how cigarettes are advertised on tv is an example of: - ✔✔-Administrative Law Congress creates administrative agencies through enabling acts - ✔✔-Act includes deligating authority and giving the agency authority as to what it will accomplish agencies are usually given broad powers to investigate, set standards (promulgating regulations), and - ✔✔-enforce those standards Most agencies are ___________, but some are independent. - ✔✔-executive branch agencies Administrative agencies are given unusual powers (3) - ✔✔-legislate (make rules) investigate adjudicate (enforce) Agency powers are limited by - ✔✔-executive and legislative controls and by judicial review Common law - ✔✔-Judge made law - A system of law based on precedent and customs law is made when an appellate (appeals) court endorses a rule to be used in deciding court case Having agencies with rule-making power is a practical necessity - ✔✔-1) Congress does not have the expertise or continuity to develop specialized knowledge in various areas (e.g., communications, the environment, aviation) 2) it makes sense for Congress to set forth broad statutory guidance to an agency and delegate authority to the agency to propose rules that further the statutory purposes 3) As long as Congress makes this delegating guidance sufficiently clear, it is not delegating improperly - NOT GIVING AWAY CONSTITUTIONAL POWER antitrust law - ✔✔-law intended to promote free competition in the market place by outlawing monopolies Negative externalities - ✔✔-a cost that is suffered by a third party as a result of an economic transaction. Examples of leveling economic playing field to provide information to consumers: - ✔✔-Consumer protection laws (consumers) Securities laws (investors) The toxics release inventory laws in environmental law (citizens) Statutory law is to legislative bodies as common law is to: - ✔✔-courts statutory laws - ✔✔-laws passed by a state or the federal legislature. Criminalize actions with set penalties. Congress - ✔✔-Senate (100) + House (435) = Congress; the legislative branch; makes the laws House of Representatives # of members - ✔✔-435 Members, based on population of the state, changes 10 yrs @census, sometimes states are represented disproportionately (Ak and Delaware only have one rep) Senate term length - ✔✔-6 years, no max # of terms term limit Changing a law - ✔✔-2/3 congress vote to create and amendment House of Representatives term length - ✔✔-2 years, no max term # of terms limit President is formed by: - ✔✔-Stare decisis (let the decision stand) legal reasoning steps - ✔✔-1.) identify the legal question: issue in dispute 2.)identify the rule of law that applies (may be drawn from president) 3.)analyze facts, reach suitable conclusion Administrative law - ✔✔-the body of law that regulates the operation and procedures of government agencies. administrative agencies - ✔✔-governmental units, either state or federal, that have specialized expertise and authority over some area of the economy rules or regulations - ✔✔-created by administrative agencies and have the force of law State law claims are generally heard in state courts, while federal question cases are generally heard in ____. - ✔✔-federal court. Federal courts sometimes hear state law claims under ____ - ✔✔-diversity jurisdiction The U.S. Supreme Court is the highest court in the country, and all other courts must ___ - ✔✔-follow the precedent in Supreme Court opinions. A common method of dispute resolution that avoids many of the challenges associated with litigation is _____. - ✔✔-alternative dispute resolution Common (3) methods of dispute resolution are _______. (Remember acronym: No More Attorneys) - ✔✔-negotiation, mediation, and arbitration. law and government are ____. - ✔✔-interdependent Today, much of the law comes from ______. - ✔✔-Congress and the state legislatures define: litigation - ✔✔-the process of bringing in a court to settle a dispute, criminal or civil define: litigants - ✔✔-a person involved in a lawsuit Who carries the burden of proof in a court case? - ✔✔-prosecution (criminal trial) plaintiff (civil trial) Every person in the United States who wishes to take a case to court is entitled to ______. - ✔✔-hire a lawyer does a lawyer work for client or court? - ✔✔-client Civil and ______ cases can be solved through litigation. - ✔✔-criminal A common method of dispute resolution that avoids many of the challenges associated with litigation is _______. - ✔✔-alternative dispute resolution (ADR) Under both federal and state law, arbitration is favored or disfavored? - ✔✔-favored A decision rendered by an arbitrator is ________ and may be enforced by the courts - ✔✔-binding by law 2 advantages of arbitration over litigation - ✔✔-1.) QUICKER - because the arbitrator does not have a backlog of cases and because the procedures are simpler 2.) HIGHER QUALITY DECISION - because the parties can select an arbitrator with specialized knowledge method of alternative dispute resolution (ADR) that retains power to resolve the dispute to the parties involved. both parties agree to identify the conflict(s) and agree to an outcome to resolve those conflicts - ✔✔-Negotiation Benefits to negotiation (3) - ✔✔-1.) speedy resolution 2.) inexpensive 3.) voluntarily participation Drawbacks to negotiation (2) - ✔✔-1.) no set rules 2.) either party can bargain unethically Is there a neutral party or attorneys typically involved in NEGOTIATION? - ✔✔-NO. bargaining power - ✔✔-power of a party to create agendas, influence outcomes, and negotiate terms When the negotiation occurs as a result of a dispute, but not a legal dispute per se, then the party with the weakest _______________ may be in a very vulnerable spot - ✔✔-bargaining position method of alternative dispute resolution (ADR) in which parties work to form a mutually acceptable agreement with a neutral party involved. - ✔✔-Mediation (definition) the method of ADR used in disputes between employers and employees about topics such as workplace conditions, wrongful discharge, or advancement grievances - ✔✔-mediation (workplace example) arbitration (definition) - ✔✔-type of adjudication where two parties will try to settle a dispute with a third party, known as the arbitrator What do arbitrators do? - ✔✔-Arbitrators preside over arbitration proceedings and are neutral decisionmakers who are often experts in the law and subject matter at issue in the dispute Arbitrators may be members of the judiciary, but in arbitrations they are not ______ - ✔✔-judges Federal Arbitration Act (FAA) - ✔✔-This act requires parties to engage in arbitration when those parties have entered into legally binding contracts with a mandatory arbitration clause. Arbitration is more or less formal than negotiation and mediation? - ✔✔-More 3 Levels of Federal Judicial System - ✔✔-1.) federal district courts 2.) court of appeals (appellate) 3.) supreme court Which court has original jurisdiction over disputes between states? - ✔✔-US Supreme Court The vast majority of civil lawsuits in the United States are filed in ___________. - ✔✔-state courts Two aspects of civil lawsuits are common to all state courts: - ✔✔-trials and appeals A hair stylist and client disagree over whether the stylist properly styled the client's hair. A third party, who is neutral in the debate, works with both of them in an attempt to resolve their dispute. Which function does the third party serve in this situation? - ✔✔-Mediator (scenario) Company A and Company B agree to the use of an independent third party to resolve a contract dispute. The third party decides in favor of Company B. Which type of alternative dispute resolution is this an example of? - ✔✔-Arbitrator What is a primary advantage of alternative dispute resolution (ADR)? - ✔✔-Save time and money Who is the ultimate authority in interpreting the Constitution as it applies to both federal and state law? - ✔✔-US Supreme Court Which court's main function is to be the final arbiter of all federal laws created by Congress? - ✔✔- supreme courts The Constitution gives voice to the idea that people have basic rights and that a civilian president is also the _____. - ✔✔-commander in chief of the armed forces. The Constitution gives instructions as to how the various branches of government must share power and also tries to balance power between the _______ . - ✔✔-states and the federal government The Constitution does not expressly allow for judicial review, but the Supreme Court's ability to _____ constitutional has given the judicial branch a kind of power not seen in other industrialized democracies. - ✔✔-declare what laws are (or are not) To avoid the rise of a tyrannical government, the Constitution carefully grants certain powers to Congress, reserving all other powers to the _______. - ✔✔-states Commerce Clause of the Constitution - ✔✔-gave Congress the authority to regulate commerce with foreign nations and among the several states. dormant commerce clause - ✔✔-restriction on states' authority to pass laws that substantially affect interstate commerce preemption doctrine - ✔✔-a doctrine that provides that federal law takes precedence over state or local law due process clause - ✔✔-14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law The guarantees of the Bill of Rights apply only to state and federal government action. They do not limit what a company or person in the private sector may do. For example: - ✔✔-states may not impose censorship on the media or limit free speech in a way that offends the First Amendment, but your boss (in the private sector) may order you not to talk to the media. First Amendment - ✔✔-5 freedoms: speech, press, religion, assembly, petition defamation action brought by a public figure or public official must prove that the defendant not only has his facts wrong, but also lies to the public in a malicious way with __________. - ✔✔-reckless disregard of the truth American Civil Liberties Union (ACLU) - ✔✔-national organization that works in courts, legislatures, and communities to defend the individual rights and liberties by the Constitution and laws of the United States Fourth Amendment - ✔✔-Protects against unreasonable search and seizure Fifth Amendment - ✔✔-A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. procedural due process - ✔✔-procedural laws that protect the rights of individuals who must deal with the legal system Takings Clause (Eminent Domain) - ✔✔-Government may take private property for public use if it provides just compensatio [Show More]

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