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by: Bethel Graham


Bethel Graham
GPA 3.98

David Baumer

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David Baumer
Study Guide
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This 11 page Study Guide was uploaded by Bethel Graham on Thursday October 15, 2015. The Study Guide belongs to BUS 305 at North Carolina State University taught by David Baumer in Fall. Since its upload, it has received 34 views. For similar materials see /class/223667/bus-305-north-carolina-state-university in Business Management at North Carolina State University.

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Date Created: 10/15/15
Concepts that Should Be Known for First Exam BUS 305 Fall 2003 What is the law A Why is the law more than just words on a piece of paper 1 Be able to provide some examples of how the law changes even though the words do not B How do changes in technology affect law 1 How does law affect technology 2 What are the main forms of IP C How has the Internet affected contract law 1 How has tort law been affected by the Internet 2 How the Internet affected security encryption and cybercrime 3 How has the Internet affected Consumer protection laws Antitrust laws Securities laws Environmental law First Amendment spam and pornography Human resource management law rump96x D Describe the relevance of constitutional law to businesses 1 Interstate commerce 2 Taxes and Jurisdiction E What is the common law 1 How is the common law created 2 What is a precedent What is the significance of a precedent 3 What are the two most important reasons for courts to overturn precedents 4 What does stare decisis mean 5 Why is the common law still relevant today F What is the difference between a legal and equitable remedy 1 What is the origin of equitable remedies 2 What are the prominent equitable remedies G E W How is a constitution different from other laws 1 Be able to discuss checks and balances within the US Constitution 2 What is an inalienable right 3 What is the signi cance of separation of powers in the US Constitution 4 What is the signi cance of the Supremacy Clause in the US Constitution What is a statute How are statutes created 1 Why do state statutes vary from state to state 2 What organization is dedicated to reducing state by state differences in statutes 3 What are the costs associated with state by state differences in statutes What is an administrative agency 1 What authority do admin agencies have to make laws 2 What are laws created by admin agencies called Explain to your parents the difference between substantive and procedural law 1 What is the difference between public and private law 2 What is the difference between civil and criminal law a What are the differences in burden of proof between these two forms of law What is the difference between ethics and law Be able to reproduce the structure of the court systems at both the federal and state levels A What is the difference between a trial court and appellate courts B What do appellate courts do What do they not do C What courts decide the facts What courts rule on errors of law D What is a writ of certiorari to the US Supreme Court 1 What kinds of cases do the US Supreme Court generally grant cert for 2 Be able to discuss the types of opinions rendered by appellate courts 3 Be able to name some of the specialized courts at the federal and state levels III E What is the meaning of jurisdiction Be able to discuss the differences between original and appellate jurisdiction subject matter and personal jurisdiction Why do plaintiffs want to sue defendants in the plaintiffs state What is a state long arm statute What is the minimum contacts test How is the minimum contacts test applied to mail order businesses and websites 6 What is in rem jurisdiction Elk59 F What are the two bases for the federal courts to have jurisdiction over a case 1 When does a federal court have exclusive jurisdiction over a case 2 When does a state have exclusive jurisdiction 3 When do state and federal courts have concurrent jurisdiction 4 What is the defendant s right to remove a case to federal court G What is the issue of con ict of law all about 1 How do businesses avoid con icts oflaw cases H What is the venue of court What is the difference between a request for a change of venue and a motion based on a forum non conveniens I What gives a party standing to sue 1 How have environmental groups been able to extend their ability to have standing to sue 2 What makes a case justiciable What makes a case non justiciable J How are judges created in the federal system and in state systems 1 Why do judges have immunity for statements made in the courtroom Litigationibe able to discuss costs of litigation beyond attorney fees A What is the theory of the adversarial system B What is a burden of proofiwhat does that mean FUCK What are some distinguishing characteristics of business litigation Is litigation a linear processibe able to discuss Pleadingsibe able to describe the characteristics of the pleadings complaint answer counterclaim reply and crossclaims l 2 3 4 5 What is a summons Why are defendants most likely to move for a dismissal of the case What are some common grounds for properly granting a defendant s motion to dismiss What is the difference between an affirmative defense and a general denial in an answer What is a motion for a judgment on the pleadings F What are the purposes of Discovery What motions are frequently made by defendant s during discovery Be able to name and discuss the siX tools of discovery What can happen to a party who fails to cooperate with discovery requests What are the two purposes of a Pretrial Conference Know the major stages of a trial and when critical motions take place Be able to discuss the consequences of the granting or denial ofMTDs MSJs MDVs and Jnov s Why do parties sometimes waive their rights to a trial by jury a What is a preemptory challenge b What are grounds to challenge jurors for cause 1 2 3 G H l 2 3 Why do jury instructions give rise to appeals What happens if an appellate court rules that a jury instruction was improper 4 Why is it logical for a court to deny a MDV but grant a Jnov 5 How are damages computed in 999 D Contract cases Tort cases What is the meaning of compensatory damages How are compensatory damages different from punitive damages How are punitive damages related to compensatory damages 6 What are the options available to appellate courts a What is the difference between a reversal and a reverse and remand b What is being reversed 7 What is a judgment a What is the concept of res judicata b How is the concept of res judicata used to reduce repetitive litigation IV What are the main factors that have impelled businesses to make use of Alternative Dispute Resolution ADR to avoid courtroom litigation A What is the legal effect of settlement 1 Is a settlement an admission of guilt by the defendant 2 Why are settlements sometimes not desirable B Why do parties to settlement negotiations conduct the negotiations according to a schedule 1 What are the distinctive features of a minitrial 2 What is a summary jury trial 3 Why would parties to potential litigation rent judges C What is the difference between structured negotiations and mediation 1 What is the role of a mediator 2 Why do parties report greater postADR satisfaction with mediation relative to arbitration D What is the difference between arbitration and mediation 1 When are arbitration agreements enforceable and not enforceable 2 What statutes give citizens rights that are subject to arbitration Is this the norm 3 What are the arbitration equivalents to the pleadings trials and verdicts 4 Can an arbitrator s decision be appealed if they make an error of law 5 Under what circumstances can an award of an arbitrator be challenged a Who determines the scope of an arbitrator s authority b What are some circumstances that could negate the inference that both parties agreed to an arbitration agreement E When is arbitration mandatory 1 Why is arbitration very prevalent in international contracts 2 What other clauses typically occur when companies from different countries sign a contract 3 What ensures that arbitration decisions are respected internationally F What is the most common form of online dispute 1 Why doesn t the Anticybersquatter Consumer Protection Act ACPA resolve all domain name disputes 2 What does ICANN do when a business protests the registration of a domain name to another business 3 What are the 3part criteria for reassignment of domain names G What are advantages and disadvantages of using ODR relative to other forms of ADR Constitutional Lawiwhat is a delegated power A How did the Founding Fathers use the Constitution to prevent concentration of political power B How does the Necessary and Proper Clause augment the power of the fed govt C How does federalism prevent concentration of political power 1 How have US Supreme Court interpretations of the Commerce Clause undermined federalism 2 What Amendments to the Us Constitution reserve powers to the states that were not delegated to the fed govt D How have US Supreme Court interpretations of the meaning of the Commerce Clause expanded the power of the fed govt 1 What are the in or affects tests for the extent of the Commerce Clause 2 How has the Commerce Clause been used to declare unconstitutional state laws that affect interstate commerce a What are the three tests used by the courts in evaluating whether state laws are unconstitutional under the Commerce Clause b If a state law affects interstate commerce does that make the law unconstitutional When are states preempted from passing laws in a certain area 1 Name some areas of law in which state laws are preempted What are the main limitations on taxing and spending by the fed govt 1 What are the main taxing and spending limits on state govt 2 What is the power of eminent domain a In order to take private property what does the govt have to show in order to justify the taking b What is a regulatory taking What is procedural due process What amendments require procedural due process before a governmental taking can occur 1 What is a protected interest within the meaning of due process 2 What procedures are required to satisfy due process standards What is the basic requirement of the 143911 Amendment Equal Protection Clause 1 When is the strict scrutiny test required a Is affirmative action compatible with the l4Lh Amendment according to the Supreme Court b What are the four requirements for an affirmative action plan to be legal 2 When do courts apply the intermediate scrutiny test 3 When it is appropriate for the courts to apply the rational basis test What kinds of laws are constitutional even though they limit freedom of expression 1 How have the IP laws limited freedom of expression 2 What are reasonable restrictions on the time place or manner of various forms of expression What does this mean 3 In order for the govt to censor content what threepart test does the govt have to satisfy in order to avoid a successful court challenge based on the First Amendment 4 The First Amendment refers to Congress but it makes no reference to state governments Are the actions of state governments subject to the First Amendment How did this come about 5 What threepart test do laws challenged under the Establishment Clause have to pass a Using this threepart criteria explain why a monument to the Ten Commandments was removed from an Alabama courthouse but vouchers were allowed in Cleveland b How is it constitutional to arrest marijuana smokers who claim they are practicing their religion J What are the requirements imposed by the Fourth Amendment on police before they can search or seize property of a private citizen 1 What is the legal consequence of obtaining evidence through illegal means 2 Can businesses use the Fourth Amendment to prevent govt agents from searching their businesses or its records a What exceptions allow police and other govt inspectors to search a business without a search warrant b Do citizens have a reasonable expectation of privacy for material disclosed on the Internet K Can businesses use the SelfIncrimination Clause to suppress producing internal memoranda that reveals corporate criminal behavior 1 What are the Miranda warnings 2 Can the Fifth Amendment be used by defendants in civil suits VI Administrative LawiKnow what an enabling statute is and some examples A Know the basics of the Administrative Procedures Act APA 1 How does the APA provide for due process when an agency promulgates a new substantive regulation 2 What is the Federal Register 3 What is the difference between substantive interpretive and procedural regulations What is the difference between independent administrative agencies and those that are headed by administrators who serve at the pleasure of the President Know the other activities that are engaged in by admin agencies 1 When an agency issues a subpoena under what circumstances can it be challenged 2 What powers and sanctions can agencies exert relative to businesses eg revocation of licenses seizure of property What is an administrative law judge ALJ 1 What is the basic function of the ALJs 2 Where do most appeals take place from agency decisions Judicial Review of agency actions 1 What does it mean that an agency acted arbitrarily and capriciously 2 How can agency exceed their statutory authority 3 Be able to discuss constitutional constraints on agency actions 4 Why is standing often an issue when agency actions are challenged 5 What does it mean that parties appealing actions of agencies must exhaust all internal remedies a What are some grounds for denying parties complaining about agency actions standing b What does it mean that a dispute is not ripe for resolution Be able to discuss statutory constraints on the actions of agencies and the exceptions to each act 1 What are the requirements imposed by the Freedom of Information Act 2 What requirements are imposed on agencies by the Government in Sunshine Acts 3 What prohibitions are imposed on agencies by the Federal Privacy Act of 1974 4 What is Sunset Legislation How do costbene t analyses requirements constrain administrative agencies G What is the study of ethics 1 2 What are the basic tenets of the Kantian Ethics What is the categorical imperative Does Kant agree with the statement that in some circumstances the ends justify the means What does it mean that codes of conduct or behavior should be universalizable Be able to de ne Utilitarianism Is it ethical under utilitarianism to sacri ce a few in order to save many De ne situations in which the ethical prescriptions of utilitarianism are consistent with those of Kantian ethics De ne circumstances in which ethics are a factor in decisions ofbusinesses Is it ethical or unethical for a business to seek to maximize pro ts Discuss how selfregulation by business can be used in place of government regulation Certi cation and collective trademarks can substitute for government mandated standards Licensure can ensure that professionals are quali ed to practice their trade or profession Discuss some areas where selfregulation is not likely to produce acceptable results Is it unethical for a US company to relocate production because labor costs are lower in lessdeveloped countries Is it more ethical to keep production in the Us and charge higher prices Are manufacturers required by ethics to choose the safest designs for their products Can a US company make reasonably priced products that may injure reckless users who ignore warnings and still be ethical Is it ethical for website business to attach cookies to website browsers Is it ethical to collect clickstream data and personally identifying information from children under 13 Is it ethical to ask children marketing information about their parents Is it appropriate to comprehensively regulate privacy practices of websites and online service providers


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