Exam 1 Study Guide
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This 6 page Study Guide was uploaded by Jade Notetaker on Saturday October 10, 2015. The Study Guide belongs to 2510 at Wayne State University taught by William H. Volz in Summer 2015. Since its upload, it has received 34 views. For similar materials see Business Law in Business at Wayne State University.
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Date Created: 10/10/15
BUSINESS LAW BLW251O EXAM 1 STUDY GUIDE Chapter 1 Intro to Law there will be 4 questions There are many sources of law but the primary are 1 2 US Constitution Federal and State Statutory Law laws passed at any level of government by congress state legislatures andor local governing bodies a No federal statue can violate the US constitution also no state statue can do the same Administrative Law REGULATIONS that are created such as for example the Food and Drug Admin a Effects every aspect of business operations it governs a business capital structure and financing hiring and firing relations with employees and unions and the way it manufactures and markets its products Case Law and Common Law Doctrines This is the JUDICIAL DECISIONS OTHERS Executive Orders Treaties with foreign countries Secondary sources of law are books and articles that summarize and clarify the primary sources of law Examples legal encyclopedias treaties etc Jurisprudential Learning about the different schools of legal thought and how the characteristics to law affect judicial decisions Natural Law School Based God given rights universal law politicians believe that you cannot take that away from them quotLaws of Nature and Natures God A higher law applies to all human beings and the written laws of the government should imitate these principles Positivist School Believe rights come from natural law Command that must be obeyed Belief there are on natural rights Historical School Based on labor laws it makes the working person seem more valuable in America s frontier quotSomeone s historical experience traditions and customs Legal Realism School The law is shaped by an individual s values and personalities ofjudges In other words whatever your punishment is it is what it is Sociological School Courts have form to promote social justice Feminist School Women s perspective is different on justice than men Women are excluded Law amp Economics School Law should promote the efficiency of the market You should be able to be whatever you want to be Chapter 4 Constitution 12 questions What to know about the branches of government commerce clause bill of rights and 14th amendment The federal constitution legislation treaties and regulations are the supreme land of the law Separation of Powers 0 Article 1 Legislative Branch Congress makes the laws But if anything the executive branch president has the authority to cancel out that law 0 Article 2 Executive Branch POWER OF THE PRESIDENT COMMANDER IN CHIEF Responsible for foreign affair Enforces the law 0 Article 3 Judicial Branch Interprets the law congress determines the jurisdiction of federal courts Has the power to hold actions of the other two branches Commerce Clause of BLW amp Ethics Granted Congress the power to give the federal government authority to regulate interstate commerce Among foreign nations several states and with Indian tribes BILL OF RIGHTS 1ST 10 Amendments in 1791 a series of protections for individuals against various interferences by the fed Government 1 Freedom of religion speech and press and the right to assemble peacefully and petition the gov 239 People have the right to keep and bear arms 3 Prohibits soldiers in any house without the owner s consent 4 Prohibits unreasonable searches and seizures of people or property 5 The right to a grand jury to due process of law prohibits being tried again for alleged crimes for one has already stood trial for 6 Those accused in a criminal case have the right to a speedy and public trial The accused has the right to crossexamine witnesses against them and their testimony in his or her favor 7th The right to a jury in a civil case involving at least 20 8th Prohibits excessive bails and fines also cruel and unusual punishment 9 Everyone has rights in addition to what is specified in the Constitution 10 Powers not delegated to the federal gov nor denied to the states are revised to the states and the people 14th Amendment in 1868 after the Civil War Equal protection of the law cannot be denied BOTH applies to legal persons 0 Substantive Due Process Requires government law to be clear 0 Procedural Due Process Requires the government to give someone proper notice and hearing to be able to hear both sides of the story before depriving them of life liberty or property Also stated in the 5th amendment Equal Protection Clause 0 Strict scrutiny Test Applied to laws with classifications based on race origin and citizenship 0 Intermediate Scrutiny Test Applied to laws with classifications based on sex age or legitimacy o Rational Basis Test Applied to laws with classifications not involving one of the other quotSuspect or protected Classes Strict or intermediate Chapter 5 Ethics 3 questions What to know about ethics Ethics is the study or morality what is right and what is wrong 0 Immanuel Kant You know what is right The capacity to reason morally o Categorical Imperative What if everyone else did that o The principle of rights How does this decision impact others 0 DutyBased Ethics Do the right thing Chapter 42Corporate Government 2 questions What to know Know how the board of directors are elected by the shareholders who does the hiring and firing BOARD OF DIRECTORS o are elected by the shareholders o Motivates and control the executives Corporate ownership is by the shareholders they try to manage the big shots A board of directors monitors managerial behavior Outside directors are buddies of CEO s Chapter 44 Consumer Law 6 questions What to know Know about the federal statues and the idea of disclosures Disclosures 0 Freedom of Information Act Requires public agency documents to be disclosed Exceptions use by media 0 Government in the Sunshine Act Public agency meetings must be open to the public 0 Equal Access to Justice Act Right to sue for agency harassment and abuse 0 Privacy Act Agency should only keep relevant information on people Chapter 43 Administration Law 8 questions What to know Administrative Law judge how they decide what to do if you have a complaint against you ability to act as a legislatureexecutive The 4th Branch of government INDEPENDENT part of the legislature or executive branch The administrative agencies are found in federal state and local governments Legislative Power Agencies promulgate regulations rules policies and opinions ALL ARE LAW These agencies grant licenses Executive Powers Searches or inspections Subpoenas Subpoena ad testificandum To testify an order compelling a witness to appear at a hearing Supoena duces tecum Bring it with you Compels an individual organization to hand over any documents to the agency Administrative Lawjudge an adjudication may involve a trial procedure before the law judge The administrative procedure act requires a hearing to take place and the agency must issue a notice with facts and the law on which the complaint is based the legal authority for the hearing and the time and place THE PROCESS OF FORMAL ADMINISTRATIVE ADJUDICATION o Complaint 0 Answer 0 Hearing before administrative law judge AU 0 Order of AU fine desist order 0 Appeal to governing board of agency 0 Final agency order 0 Appellate court for review of agency decision 0 Court order Chapter 2 Courts and alternative dispute resolution amp 3 Court procedures 15 questions Trial Courts 0 General Jurisdiction subject matter may be called county district superior or circuit courts State trial courts have jurisdictions over a variety of subjects including civil disputes and criminal prosecutions HEAR A BROAD RANGE OF CASES 0 Limited JurisdictionLimited jurisdiction are inferior trial courts or minor judiciary courts Traffic court drug court and domestic relations courts divorce childcustody and small claims courts hears civil cases of less than a certain amount as in 5000 lawyers are not required in this court HEAR A SPECIAL GROUP OF CASES 0 Appellate or Reviewing CourtsEvery state has at least 1 court of appeals can be intermediate or the state s highest court 0 Appeal courts usually do not take new trials where evidence is submitted and witnesses examined BUT consists of 3 or more JUDGES o The appellate court hears arguments from attorneys and they determine if the trial court has made an error 0 REVIEWING COURT focuses on questions of law NOT of fact I Question of law concerns the application of the law I Question of fact deals with what really happened in regard to the dispute being tried MUST KNOW THE DIFFERNCE BETWEEN AND APPELLANT AND THE APPELLATE The APPELLANT is the person who loses at the trial court level The APPELLATE is the person who wins at the trial court level 0 How do we discover factors of a case Pretrial Procedures Interrogatories depositions production of documents physical and mental examinations 1 Interrogatories Where the lawyerattorney asks a whole bunch of questions 2 Depositions Where you and your attorney and another sit in a room and everything you say is recorded Where attorneys can analyze body language and to see if they can get any of the truth out by having these interrogatories go on as well here Anyone who has or going to testify in trial testifies in the deposition You better make sure you have the same story or you ll be thrown in jail too you are under oath There are no surprise witnesses 3 Production of docs Having all documents dealing with the case Insurance papers release forms etc present Someone might hide the documents that can cause the win or lost in a trial instead of destroying it if destroyed and this is known a person can go to jail 4 Physical and Mental Examinations Chapter 6 Torts 10 questions Need to know about Proximate Cause Assumption of risk Liability Proximate Cause Is the cause foreseeable Is the connection between the wrongful act and the injury sufficiently due to liability Have to use the foreseeability test Assumption of Risk A voluntary assumption of a known risk Example if you get hit in the head with a baseball at a baseball game
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