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Level 36

Business Law Practice


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a local zoning ordinance
Which of the following are considered sources of law
law
A body of enforceable rules prescribing proper conduct in different situations, which in the common law promotes the well-being of society as a whole, defines
Common Law
traditional unwritten law from England
Jurisprudence
the study of law and legal philosophy.
State Law and local county and municipal statutes
Selecting from the possible sources of law, which of the following has the greatest impact on everyday business activity?
helps create certainty
The doctrine of Res judicata
Civil Law
Law dealing with rights & duties of individuals among themselves
Jurisdiction
An area of authority or control; the right to administer justice.
a long arm statute
A statute that permits a state to obtain personal jurisdiction over nonresident defendants by use of the mail is called:
They Lack the Skills to evaluate realistically the technological capabilities of products
Consumers in the modern industrial economy found it difficult to meet the traditional role of caveat emptor because
In Personam Jurisdiction
The power of the state over the defendant's assets so that if the plaintiff prevails in the lawsuit, the plaintiff can collect money from the defendant.
In Rem Jurisdiction
Jurisdiction of a court over the person's real or personal property.
provide incentives to cooperate
While basic non-operative game theory shows that economic agents will choose actions which frustrate economic cooperation, game theory also helps to demonstrate that institutions
the relevant state law
In diversity cases before Federal District Court judges, what substantive law do they apply in cases such as torts or contracts?
settlement
intended to promote?
What happens during discovery between the parties?
parties request and exchange evidence relevant to the case with each other
pleadings, includes
the complaint, the answer
the trial court decides the facts which the appeals court usually accepts and hardly ever disputes
Beyond the fact a trial court gives a judgment, one of the most important consequences for appeal is:
Transaction Costs, The uncertainty of a jury verdict
Which of the following are good reasons why a legal dispute should not as a matter of general practice go to trial.
In reviewing the facts on appeal from a lower court or administrative agency, appellate court will ........
look for material or substantial evidence in the lower record which supports lower court's findings of fact.
whether the trial court applied the law correctly
On appeal, the main question the Appellate Court deals with is?
transaction costs
Legal practitioners and legal scholars recognize that the present legal system (trails, discovery, lawyers' time) is expensive. This violates what basic principle underlying the economics of institutions?
a default judgment
Failure to file an answer to a properly served complaint results in
FREE TRADE and commerce
One of the main goals of the common law and the original US Constitution (excluding later 10 amendments) is and was to protect
Precedent
Court decisions on legal questions that guide future cases with similar questions.
police power of the state
The power of the state to regulate in order to protect the health, safety and welfare of its citizens is called?
Natural Law
God's or nature's law that defines right from wrong and is higher than human law
postivism
A philosophy of law which argues that the rules of law should be based on the rules enforced by a society since such rules are derived from the basic interests and sense of justice w…
realism
A philosophy of law which argues that the rules of law should be based on legal rules derived from current legal judgments, referencing new sociological or economic analysis, which take into account the current custo…
tort law
A civil wrong, not in contract, for which the court will provide a remedy in the form of damages and always results in an injury to either the physical being of the plaintiff o…
Contributory Negligence
A partial defense to a negligence action when the plaintiff's conduct also contributed to the injury-the loss will be apportioned according to degree of fault.
Employment at will
A legal doctrine that allows an employee to quit at any time for any reason, or no reason, and that allows an employer to terminate employment for any reason or no reason
Employment Retirement Income Security act
Provides protections for pensions and to a lesser degree employer-sponsored health plan benefits
Osha
Provides minimal standards for employee health and safety.
Workers compensation
A set of laws that provides benefits to employees who are injured while at work or to families who suffer the death of an employee as a result of an illness or injury connected with work.
National Labor Relations act of 1935
The principle federal statue that governs union-management relations. It gave employees the right to organize, the right to collectively bargain and the right to strike.
Disparate treatment
A type of discrimination that requires plantiff to show the presence of intentional discrimination
Tort
A civil wrong, other than breach of contract, for which the court can award money damages.
mixed motive
firing someone based on religion but that is not the only reason why you were fired. Multiple reasons to fire someone
constructive damage
your job is so bad that you quit. They make your job description so bad.
retaliation
you report a violation of an act, you cannot be fined over that act.
sexual orientation
homosexuality is not a protective class.
age discrimination
can't throw an application in the trash just because someone is older than you.
consistency
treating everyone the same.
Norris La quardia
First piece of labor legislation.
public policy exception
An exception to at-will employment that occurs where an employee is terminated for refusing to perform an action that violates a public policy
good cause exception
An exception to at-will employment that occurs where the employer acts in such a manner that an implied contract to terminate only for good cause is formed
Fair labor standards act
A federal law that regulates child labor, minimum wage and overtime
exempt employees
Selected categories of employees who are not subject to the overtime provisions of the Fair Labor standard Act.
Employee retirement Income Security act
Provides protection for pensions and to a lesser degree employer- sponsored health benefit plans.
Family and medical leave act
Act that provides a leave, subject to a variety of constraints, for an employee who ......