BUSI 561 Quiz 1 • Question 1 3 out of 3 points When courts rely on precedent, they are obeying ______. • Question 2 3 out of 3 points Public law involves disputes between pr... ivate individuals or groups and their government. • Question 3 3 out of 3 points Which of the following most accurately sets forth ways into which law may be divided and classified? • Question 4 3 out of 3 points Law is rules of conduct in many organized societies that are enforced by the governing authority of the community. • Question 5 3 out of 3 points Ethics is the study and practice of decisions about what is good or right. • Question 6 3 out of 3 points Positive abstractions that capture our sense of what is good or desirable are ______. • Question 7 3 out of 3 points The "public disclosure" test is also known as the ______ test. • Question 8 3 out of 3 points In 2011, Tyson Foods was charged with conspiracy and violation of the Foreign Corrupt Practice Act for: • Question 9 3 out of 3 points Revenge. Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire? • Question 10 3 out of 3 points The process of questioning potential jurors to ensure that the jury will be not show biases towards the parties is: • Question 11 3 out of 3 points A person who has the legal right to bring an action in court has standing. • Question 12 3 out of 3 points Susan, a resident of Illinois, ran a traffic light while traveling in Michigan and did significant damage to Paul's car. Paul obtains a judgment against her, but Susan has no insurance and no assets except for a farm in Alabama. Which of the following is ? • Question 13 3 out of 3 points New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law? • Question 14 3 out of 3 points Which Amendment to the U.S. Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states? • Question 15 3 out of 3 points The first _____ amendments to the U.S. Constitution are known as the Bill of Rights. • Question 16 3 out of 3 points What type of speech does the First Amendment not protect? • Question 17 3 out of 3 points The Foreign Corrupt Practices Act prohibits foreign officials from entering the U.S. to conduct illegal business. • Question 18 3 out of 3 points If you sign your mother's name to a check made out to her, you may have committed forgery. • Question 19 3 out of 3 points Cosmetic Profits. Sally is the vice president at Big Name Cosmetics Company. Through important and material nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase? • Question 20 0 out of 3 points Liability without fault is also known as which of the following? Sunday, March 31, 2019 3:44:55 PM EDT • Question 1 3 out of 3 points Inattentive Driving. While cutting class and driving off campus to check on her new dress for the upcoming formal, Molly, a busy college student, is busy talking on her cell phone with her friend Sharon in an attempt to talk Sharon into going to the dance with Molly's brother, who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient. The officer is annoyed because it is his lunch break. He tells Molly that she must obey the law, and proceeds to write several citations to her. Which of the following is regarding Molly's predicament? • Question 2 3 out of 3 points Laws that help establish the conditions of trade between countries are: • Question 3 3 out of 3 points Assume a businessperson who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute entails ______ law. • Question 4 3 out of 3 points Assume a restaurant chain is forced to pay damages to a person who suffered food poisoning after eating at the restaurant. What type of law is involved? • Question 5 3 out of 3 points In 2011, Tyson Foods was charged with conspiracy and violation of the Foreign Corrupt Practice Act for: • Question 6 3 out of 3 points Different countries have different ethical standards. Selected Answer: • Question 7 3 out of 3 points Business managers should only consider customers when they engage in ethical reasoning. • Question 8 3 out of 3 points An ethical dilemma has no clear, right decision. • Question 9 3 out of 3 points Which of the following are written questions that one party sends to another to answer under oath? • Question 10 3 out of 3 points Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Regardless of what court is involved, can Jim act as plaintiff for the employees? • Question 11 3 out of 3 points In rem jurisdiction references jurisdiction over a person subject to an order of guardianship. • Question 12 3 out of 3 points The federal court system derives its authority from: • Question 13 0 out of 3 points Scruffy. Samis engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer questions whether Sam had lost his right against self-incrimination. Which of the following is on that issue? • Question 14 3 out of 3 points Which of the following is regarding the privileges and immunities clause of the U.S. Constitution? • Question 15 3 out of 3 points Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by breaking down the door. Which of the following is on that issue? • Question 16 3 out of 3 points The U.S. Constitution establishes a system of government based on the principle of federalism. • Question 17 3 out of 3 points In United States v. Park, was this corporate executive defendant held criminally liable for failing to ensure the company's compliance with the law? • Question 18 3 out of 3 points A(n) _____ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network. • Question 19 3 out of 3 points Which of the following is using fraudulent means to obtain information about someone's phone use? • Question 20 3 out of 3 points Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist? The U.S. constitution is the foundation for all laws in the united states case law is another name for common law there is only one correct answer to an ethical dilemma concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case alternative dispute resolutions give businesses less control over the resolution of a business dispute the burden of proof in a civil trial is preponderance of the evidence the courts generally hold that business owners have a duty to protect customers on their property good samaritan statutes impose liability upon people for refusing to stop at accident scenes the purpose of compensatory damages when awarded in a civil trial is to punish the defendant and deter future wrongdoings. real property includes land and everything permanently attached to it a license is a right to use another's property that is permanenet and revocable a contract is a set of legally enforceable promises the two primary sources of contract law are the Uniform commercial code and restatement of contracts. capacity is the legal ability to enter into a binding contract as a general rule, parents are not liable for contracts entered into by their minor children state laws require that all contracts must be in writing to be enforceable in the courts in general, an oral contract for the sale of land is sufficient to prove terms of the agreement in court the ucc defines a negotiable instrument as a written document that is signed by the maker with an unconditional promise to pay back a sum certain in money on demand or at a time certain a power of attorney is a document that gives an agent authority to sign legal documents on behalf of the principal employees are protected in the workplace by federal laws only what do business laws protect all contracts, employment decisions, and payments to suppliers the laws created by the legislative branch are referred to as Statutes the expectations that a community places on the actions of a business are reffered to as social responsibility of business (blank) is the application of standards of moral behavior to business situations business ethics assuming there are no vacancies, how many U.S. Supreme court Justices are there 9 which of the following is not a type of alternative dispute resolution consultation the burden of proof in a criminal case is beyond a reasonable doubt a (blank) is a havker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network. cyber terrorist which amendment provides the right to a speedy and public trial The sixth amendment which of the following is a tort a wrongful act or injury to another, other than a breach of contract (blank) damages are compensation awarded in a civil lawsuit to punish the defendant punitive all of the following are examples of torts, except assault a (blank) is a distinctive mark, word, design, picture, or arrangement that is used by a producter in conjunction with a product and tends to cause consumers to identify the product with the producter trademark in the intellectual property arena, the term (blank) refers to the overall appearance of a product or its packaging that signify the source of the product trade dress the six elements of a contract include all but one of these illegality the law of contracts used today originated from England A (blank) contract is commonly defined as a promise in exchange for a promise bilateral which of the following is sometimes referred to as an implied in law contract quasi contracts historically, which of the following were considered people with limited or no capacity minors, insane persons, and married women guardians may be appointed for which of the following those who are determined insane by a judge/court or those whose judgment has been impaired because of a condition such as Alzheimer's, and also those who are determined by a court/judge to be habitual drunkards and drug addicts which of these types of contracts does not fall within the statute of frauds contracts not performed within 6 months which of the following is needed in order to satisfy the UCC's requirement for a written document in contracts other than those governed by the Uniform commercial code, which of the following are required elements for a writing to be considered suffiecient under the statute of frauds identification of identification of the parties to the contract and subject of the agreement, but not the (blank) rule is a common law rule that addresses the admissibility of oral evidence as it relates to written contracts which of the following are examples of negotiable instruments if a negotiable instrument is payable to whoever possesses the instrument, then it is an (blank) instrument bearer agency laws are relevant to (blank) relationship principal agent, employer employee and employer independent contractor which of the following is regarding the employer-employee relationship independent contractors fall under the employer-employee relationship (bank) protects employees against discrimination and harassment based upon race, color, religioun, national origin (Blank) is a federal law regulating the payment of wages and overtime the fair labor standards act The enforceable rules of conduct that govern the actions of buyers and sellers in the market exchanges. Rules of conduct in any organized society that are enforced by the governing authority if the community. Purpose of laws Providing order such that one can depend on a promise or expectation of obligations. Purpose of lawsServing as an alternative to fighting. Facilitating a sense that change is possible, but only after a rational consideration of options. Encouraging social justice. Guaranteeing personal freedoms. Purpose of laws Serving as a moral guide by indicating minimal expectations of citizens and organizations. Law that involves suits between private individuals or groups. The body of laws that govern the rights and responsibilities either between persons or between persons and their government. The body of laws that involve the rights and responsibilities an individual has with respect to the public as a whole. The general limits and powers of a government as interpreted from its written constitution. The assortment of rules and regulations put forth by legislatures. Laws created to account for the variability of laws among states. These laws serve to standardize the otherwise different interstate laws. AKA uniform laws. The collection of legal interpretations made by judges. They are considered to be law unless otherwise revoked by statutory law. AKA common law. A tool used by judges to make rulings on cases on the basis of key similarities to previous cases. "Standing by the decision"; a principle stating that rulings made in higher courts are binding precedent for lower courts. Summaries of common law rules in a particular area of law. Do not carry the weight of the law bu can be used to guide interpretations of particular cases. The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes. Treaty A binding agreement between two states or international organizations. A school of jurisprudence that recognizes the existence of higher law, or law that is morally superior to human laws. A school of jurisprudence that holds that because society requires authority, a legal and authoritarian hierarchy should exist. When a law is made therefore, obedience is expected because authority created it. A school of jurisprudence that holds that society should be fair. Particular attention is therefore paid to the poor, the ill, and the elderly. A school of jurisprudence that uses traditions as the model future laws and behavior. AKA tradition or custom. A school of jurisprudence that holds that context must be considered as well as law. Context includes factors such as economic conditions and social conditions. An economic school of jurisprudence in which all costs and benefits of a law are given monetary values. Laws with the highest ratios of benefits to costs are the preferable to those with lower ratios The study and practice of decisions about what is good or right. The use of ethics and ethical principles to solve business dilemmas. A question about how one should behave that requires one to reflect on the advantages and disadvantages of the optional choices for various stakeholders. The expectations that a community places on the actions of firms inside that community's borders. A set of ethical guidelines that urges us to consider whom an action affects, the purpose of the action, and how we view its morality. A simple tool that helps determine whether an action is moral. Positive abstractions that capture our sense of what is good and desirable. To act without restriction from rules imposed by others. To possess the capacity or resources to act as one wishes. To escape the cares and demands of this world entirely. To possess a large-enough supply of goods and services to meet basic needs. To be safe from those wishing to interfere with your property rights. To achieve the psychological condition of self-confidence to such an extent that risks are welcome. To receive the products of your labor. To treat all humans equally without regard to race, color, religion, national origin, sex, age, disability, or sexual orientation. To provide resources in proportion to need. To possess anything that someone else is willing to grant you. To maximize the amount of wealth in society. value - efficiency To get the most from a particular output To minimize costs. The groups of people affected by a firm's decisions. The ethical guideline that urges us to consider, before we act, what the world would be like if everyone acted in this way. A court in which most civil or criminal cases that start when they first enter the legal system. Parties present evidence and call witnesses to testify. A higher court, usually consisting of more than one judge, that reviews the decision and results of a lower court when a losing party files an appeal. Do not hold trials, but can request additional oral and written arguments from each party. Issue written decisions; collectively constitute case law/common law. - aka court of appellate jurisdiction An issue concerning the interpretation or application of a law. Question of fact A question about an event or characteristic in a case. in personam jurisdiction The power of a court to require a party (defendant) or witness to come before the court. The court must have personal jurisdiction to enforce its judgements or orders against a party. Extends only to the state's borders in the state court system and across the court's geographic district in the federal system. Plantiff The person or party who initiates a lawsuit (an action) before a court by filing a complaint with the clerk of the court against the defendant(s). aka claimant or complainant. Defendant The person or party against whom a civil or criminal lawsuit is filed in a court of law. Complaint A formal written document that begins a civil lawsuit; contains the plaintiff's list of allegations against the defendant along with the damages plaintiff seeks. Summons A legal document issued by a court and addressed to a defendant that notifies him or her of the lawsuit and how and when to respond to the complaint. Used in both civil and criminal proceedings. Corporation in personam jurisdiction Three locations : state of incorporation, location of main offices, and the geographic areas in which they conduct their business. Long-arm statute A statute that enables a court to obtain jurisdiction against an out-of-state defendant as long as the defendant has sufficient minimum contacts within the state, such as committing a tort or doing business in the state. The power of a court over the property or status of an out-of-state defendant when that property or status is within the court's jurisdiction area. A type of jurisdiction exercised by a court over an out-of-state defendant's property that is within the jurisdictional boundaries of the court. Applies to personal suits against the defendant in which the property is not the source of the conflict but is sought as compensation by the plantiff. AKA attachment jurisdiction. subject-matter jurisdiction The power of a court over the type of case presented to it. The place where a hearing takes place. The geographic location is determined by each state's statues and based on where the parties live or where the event occurred or the alleged wrong was committed. A legal doctrine relating to the selection of a court with subject-matter and personal jurisdiction that is the most appropriate geographic location for the resolution of the dispute. The legal right of a party or an individual to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged. Otherwise, court will dismiss the case, ruling that the plaintiff "lacks standing" to bring the suit. A term used in the U.S. Constitution to describe the structure and requirements of conflicting claims of individuals that can be brought before a federal court for resolution. A case or controversy requires an actual dispute between parties over their legal rights that remains in conflict at the time the case is presented and that is a proper matter for the judicial determination. aka justifiable controversy. The readiness of a case for a decision to be made. The goal is to prevent premature litigation for a dispute that is insufficiently developed. A claim is not ripe for litigation if it rests on contingent future events that may not occur as anticipated or may not occur at all. Govern civil case proceedings The procedure by which the defendant receives a copy of the statement of claim or other legal documents, such as a summons, complaint, or subpoena. Judgment for the plaintiff that occurs when the defendant fails to respond to the complaint. The response of the defendant to the plaintiff's complaint. the first formal stage of a lawsuit When his/her answer admits that the fact's in the complaint are accurate but include's additional facts that justify the defendant's actions and provide legally sound reason to deny relief to the plaintiff. Motion to dismiss A request by the defendant that asks a judge or a court in a civil case to dismiss the case because even if all the allegations are , the plaintiff is not entitles to any legal relief. AKA demurrer. An application by a party to a judge or a court in a civil case requesting an order in favor of the applicant. A claim made by the defendant against the plaintiff that is filed along with the defendant's answer. A response by the plaintiff to the defendant's counterclaim. In a civil case, a request made by either party, after pleadings have been entered, that asks a judge or a court to issue a judgement. In a civil case, a request made by either party that asks a judge or a court to promptly and expeditiously dispose of a case without a trial. Pretrial phase - each party requests relevant documents and other evidence from the other side in an attempt to "discover" pertinent facts and avoid any surprises in the courtroom during the trial. tools - requests for admissions, interrogatories, depositions, requests for inspection, and document production requests. A formal set of written questions that one party to a lawsuit asks the opposing party as part of the pretrial discovery process in order to clarify matters of evidence and help determine in advance what facts will be presented at any trial in the case. aka further information. In a lawsuit, the right of a party to examine and copy papers of the opposing party that are relevant to the case. A legal request mat be made, and the categories of the documents must be states to allow the other party to know what documents he or she must produce. A pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present. An informal meeting of the judge with the attorneys representing the parties before the actual trial begins. The process of questioning potential jurors to ensure that the jury will be made up og unbiased individuals. In a jury trial, the right of the plaintiff and the defendant in jury selection to reject , without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias. A contrived or imitation trial, with a jury recruited by a jury selection firm, that attorneys sometimes use in preparing for an actual trial to test theories, experiment with arguments, and try to predict the outcome of the real trial. An unofficial jury, provided by a jury selection firm, that sits in during the actual trial and deliberates at the end of each day to evaluate for the attorneys how each side is doing. A ruling by a judge, after the plaintiff has put forward his or her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff has failed to present the minimum amount of evidence necessary to establish his or her claim. An error of law that is so significant that it affects the outcome of the cases. A written legal argument, which a party presents to a court, that explains why that party to the case should prevail. An appellate court decision that accepts a lower court's judgment in a case that has been appealed. An appellate court decision that grants an alternative remedy in a case; rendered when the court finds that the decision of the lower court was correct but the remedy was not. Reverse An appellate court decision that overturns the judgment of a lower court, concluding that the lower court was incorrect and its verdict cannot be allowed to stand. Appellate court decision that returns a case to the trial court for a new trial for limited hearing on a specified subject matter; rendered when the court decides that an error was committed that may have affected the outcome of a case. A supreme court order issued after the court decides to hear an appeal, mandating that the lower court send to the supreme court the record of the appealed case. The resolution of legal problems through methods other than litigation. A bargaining process in which disputing parties interact informally to attempt to resolve their dispute. Mediation A type of intensive negotiation in which disputing parties select neutral party to help facilitate communication and suggest ways for the parties to solve their dispute. Arbitration A type of alternative dispute resolution in which disputes are submitted for resolution to private nonofficial persons selected in a manner provided by the law or the agreement of the parties. Binding arbitration clause A contract provision mandating that all disputes arising under the contract must be settled by arbitration. Med-arb A type of dispute resolution process in which both parties agree to start out in mediation and, if unsuccessful, to move on to arbitration. Summary jury trial An abbreviated trial that leads to a nonbinding jury verdict. Minitrial A type of conflict resolution in which lawyers for each side present their arguments to a neutral adviser, who then offers an opinion as to what the verdict would be if the case went to trial, this is not a binding decision. private trial An ADR mehod in which a referee is selected and paid by the disputing Administrative Law The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes. Administrative Agency Any government body created by the legislative branch to carry out specific duties Interstate Commerce Commission The first federal administrative agency created to regulate the anti-competitive conduct of railroads Enabling Legislation A statute that specifies the name, functions, and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience, and necessity. subpoena an order to appear and place to provide testimony subpoena duces tecum An order to appear and bring specified documents Administrative law judge A judge who presides over an administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision. consent order a statement in which a company agrees to stop disputed behavior but does not admit that it broke the law executive agency An agency that is typically located within the executive branch, under one of the cabinet-level departments. The agency head is appointed by the president with the advice and consent of the Senate. independent agency An agency that is typically not located within a government department. It is governed by a board of commissioners, who are appointed by the president with the advice and consent of the Senate. Hybrid Agency an agency that has characteristics of both executive and independent agencies Administrative Procedures Act federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies informal rule making A type of rule making in which an agency publishes a proposed rule in the Federal Register, considers public comments, and then publishes the final rule. Also called notice-and-comment rule making. Federal Register A government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule. Formal Rule Making A type of rule making that is used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted. hybrid rule making A type of rule making that combines features of formal and informal rule making; consists of publication in the Federal Register, a written-comment period, and an informal public hearing with restricted cross-examination. Interpretive Rule A rule that does not create any new rights or duties but is merely a detailed statement of an agency's interpretation of an existing law, including the actions a party is to take to be in compliance with the law. policy statement A general statement about the directions in which an agency intends to proceed with respect to its rule-making or enforcement activities; has no binding impact on anyone. reg-neg A type of rule making in which representatives of concerned interest groups and of the involved government agency participate in mediated bargaining sessions to reach an agreement, which is forwarded to the agency. Limitations on Agency Powers Political Statutory Judicial Informational Freedom of Information Act federal legislation that mandates and facilitates public access to government information and records, including records about oneself. Sensitive Information is excluded Government in the Sunshine Act Sometimes referred to as the Federal Open Meetings Law, an act passed in 1976 that mandates that meetings of federal government agencies be open to the public unless all or some part of a meeting is exempted according to exceptions outlined in the law. Privacy Act 1974 Act mandating that all government files about private citizens be kept confidential. parties to offer legally binding judgment in a dispute. Article 1 of the Constitution Establishes the Legislative Branch Article 2 of the Constitution Article of the Constitution that defines the Executive Branch, it's powers, duties, and means of removal. Article 3 of the Constitution Section of the Constitution laying out powers and responsibilities of the Judicial Branch Federalism A system in which power is divided between the national and state governments Judicial Review review by the US Supreme Court of the constitutional validity of a legislative act. Ledbetter v. Goodyear Tire & Rubber Co. 2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame. Supremacy Clause Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. Commerce Clause The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. NLRB vs Jones and Laughlin Steel Turning point in the commerce clause the supported the claim that congress could regulate activity in a plant if the activity could harm interstate commerce. United States vs Lopez Court ruled that Congress had overstepped its use of the commerce clause by trying to regulate non commerce related issues police power the authority of each State to act to protect and promote the public health, safety, morals, and general welfare of its people Dormant Commerce Clause restriction on states' authority to pass laws that substantially affect interstate commerce priviledges and immunities clause Article 4, Sec 2, clause 1 - Prevents a state from treating citizens from other states in a discriminatory manner. Full Faith and Credit Clause Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state. Contract Clause Clause of the Constitution (Article I, Section 10) originally intended to prohibit state governments from modifying contracts made between individuals; for a while interpreted as prohibiting state governments from taking actions that adversely affect property rights; no longer interpreted so broadly and no longer constrains state governments from exercising their police powers. First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Second Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Third Amendment The government may not house soldiers in private homes without consent of the owner Forth Amendment Freedom from unreasonable searches and seizures 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. Sixth Amendment A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Seventh Amendment Right to a trial by jury in civil cases Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Ninth Amendment The enumeration in the Constitution, of certain rights, shall not be consd to deny or disparage others retained by the people. Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Fourteenth Amendment A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians. commercial speech Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court. Political Speech Expressions which comment on government action rather than the private conduct of an individual. Unprotected Speech Speech that is not protected by the First Amendment and may be forbidden by the government. Free Exercise Clause A First Amendment provision that prohibits government from interfering with the practice of religion. Establishment Clause Clause in the First Amendment that says the government may not establish an official religion. search warrant A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence double jeopardy Trial or punishment for the same crime by the same government; forbidden by the Constitution. Due Process Clause 14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law Procedural Due Process Constitutional requirement that governments proceed by proper methods; limits how government may exercise power. substantive due process Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do. Takings Clause Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property. Equal Protection Clause 14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination Strict Scrutiny A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal Intermediate Scrutiny An intermediate standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered constitutional if it advances "an important government objective" and is "substantially related" to the objective rational basis test A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest. Actus Reus A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime. Mens Rea the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Guilty mind Felony a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death. Misdemeanor (n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct petty offense In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation. white collar crime Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage. bribery the practice of offering something (usually money) in order to gain an illicit advantage extortion the practice of obtaining something, especially money, through force or threats insider trading the illegal trading of a company's stock by people using confidential company information Pretense one who obtains money or other property by lying about a past or existing fact forgery The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another. embezzlement taking for one's own use in violation of trust; stealing (of money placed in one's care) Computer Crime Crime committed using a computer hacker A person who illegally accesses, or enters, another person's or company's computer system to obtain information or steal money. Cyber Terrorist A hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization, which may have an impact on millions of citizens if the terrorist's attack is successful. Virus a computer program that rearranges, damages, destroys, or replaces computer data Strict-Liability Offense offense for which no mens rea is required Vicarious Liability The liability or responsibility imposed on a person, a party, or an organization for damages caused by another; most commonly used in relation to employment, with the employer held vicariously liable for the damages caused by its employees. arrest An action in which a police officer or a person acting under the law takes a person into custody probable cause Any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a personal or property search, or obtain a warrant. Miranda Rights The rights that are read to an arrested individual by a law enforcement agent before the individual is questioned about the commission of the crime. after an individual is arrested, the procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records The initial appearance of an arrested individual before a judge, who determines whether there was probable cause for the arrest. If the judge ascertains that probable cause did not exist, the individual is freed. Bail A thing of value, such as money bail bond or any other from of property, that is given to the court to allow a person's temporary release from prison and to ensure his or her appearance in court information A document, prepared by the prosecutor and presented to the magistrate, which demonstrates there is enough evidence to charge the defendant and bring them to trial Finding by the grand jury that there is adequate evidence to charge the defendant and bring him or her to trial a hearing in which a suspect is charged and pleads guilty or not guilty n a defendant's plea declaring that he will not make a defense but not admitting his guilt A jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. A trial in which the judge alone hears the case the obligation to present evidence to support one's claim A US law that provides extended penalties for criminal acts performed as part of an ongoing criminal organization Allows employees to sue employers on behalf of the federal government Employee retains share of recovery An act passed into law by Congress in 2002 to establish strict accounting and reporting rules in order to make senior managers more accountable and to improve and maintain investor confidence. [Show More]
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