question
what does the Sherman act regulate
answer
it is a federal statute prohibiting combinations and contracts in restraint of interstate trade, now generally inapplicable to labor union activitysection 1- applies to agreements, conduct, or conspiracies to restrain trade which consists of price fixing, tying, and monopolizingsection 2- prohibits monopolizing or attempting to monopolize by companies or individuals
question
Clayton act
answer
a federal law that prohibits price discrimination
question
unfair competition
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The act of competing with another not to make a profit but for the sole purpose of driving that other out of business.
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what can the government regulate when talking about competition
answer
any area of business to advance the nation's national economic need
question
what's the purpose of anti-trust laws
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these laws step in when competitors create barriers to market entry or collude on prices or production in order to control prices. the goal is to be sure firms are gaining customers due to better products not because of the manipulation of the market or prices.
question
which agencies regulate unfair competition
answer
it is controlled by both statutes and administrative agencies and regulations
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what are monopolies
answer
the exclusive possession or control of the supply of or trade in a commodity or service
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litmus test
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A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts.
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what is tying
answer
the anti competitive practice of requiring buyers to purchase one product in order to get another
question
what is an admin agency and examples
answer
government body charged with administering and implementing legislation
Ex: Securities Exchange Commission (SEC), Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA)
Ex: Securities Exchange Commission (SEC), Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA)
question
sunshine act
answer
regulations requiring transparency and disclosure in government or business. Make meeting, record, votes, deliberations, and other official actions available for public observation, participation, and/or inspection
question
what powers do agencies have to investigate
answer
legislative, executive, judicial
question
what functions of government do agencies fulfill
answer
regulate
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what is the process of an administrative hearing
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admin hearings have the right to due process. The parties are given a notice of the hearing and hold the hearing when everyone is present. there is no right to jury but there is a right to an administrative law judge (ALJ) that will make the decision. It is more open allowing for discussion
question
differences between a court and administrative hearing
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- the agency must have jurisdiction- no jury- ALJ instead of judge- open discussion- no warrant for evidence
question
public comment period
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after an agency puts forth the proposed rules, the public has the opportunity to respond and provide input. This period lasts for 30 days
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exhaustion of remedies
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when the parties are involved in an administrative agency action that cannot obtain judicial review until the agency has made its final findings or decisions in the case
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misdemeanors vs felonies
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misdemeanor- criminal offense with sentence of less than 1 yearfelony- more than a year in prison or by death and expressly stated by statute to be a felony
question
what level of liability do leaders have in corporations
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a corporation is held responsible for the actions of their employees. a company owner is liable for financial issues, professional liability (legal obligations), premises liability (responsible for all people on company property, employees, and guests) and workplace safety
question
classifications of crimes and examples
answer
common law and statutory
question
white collar crimes
answer
financially motivated, nonviolent crime committed by businesses and government professionalsEx: fraud, embezzlement, money laundering
question
review important cases
answer
Snyder v Phelps
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what is the importance of the Supreme Court
answer
set precedent, Chief John Roberts, 9 Justices
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what's the structure of the government
answer
legislature- make laws (House of Representatives and Senate)
executive- carries out laws
judicial- interprets laws
executive- carries out laws
judicial- interprets laws
question
practice citations
answer
Tennessee Valley v Hill, 437 US 153 (1978)
plaintiff v defendant, volume #, US Reporter, first page number, pinpoint, court, year of decision
plaintiff v defendant, volume #, US Reporter, first page number, pinpoint, court, year of decision