Business Law Exam 1 Judd

-licensing
- contracts
- human resources
- marketing
-insurance
-marketing
-tax law

means a court can exercise jurisdiction over any person or business that resides in certain geographic area

important because it decides whether or not courts can exercise jurisdiction over people who don't live in the state, have never been to that particular state, or have done business within the state

Supreme court is making it more difficult for targeting and establishing the minimum contact requirement

1. Establishing standards
2. Maintaining order
3. resolving disputes
4. protecting liberties
5. PREDICTABILITY
6. ensure fairness

the courts; get their power from Article III of the Constitution and their role is to interpret laws

congress; powers delegated from Article I of the Constitution, and their role is to create laws

president; gets powers from Article II of the Constitution, president has the power to enforce laws

administer specific laws, get their power from congress
-congress creates agencies to regulate specific departments of commerce

-congress can impeach judges
-judicial branch can perform judicial review on the president
- presidential pardon to judicial branch
- president can veto laws passed by congress
- congress can override that veto
- president appoints justices
- president appoints head of agencies
- congress sets up agencies
- congress appropriate funds for executive branch
- judicial branch can rule laws unconstitutional
- president can issue executive orders
- president can make treaties
-congress can impeach the president

congressional power comes from the commerce clause where the constitution delegates the national government power to regulate interstate commerce

-environmental protection agency; undertakes programs aimed at reducing air and water pollution; works with state and local agencies to help fight environmental hazards

Federal Communications Commission; regulates all communications by telegraph, cable, telephone, radio, satellite, and television

Federal Reserve System Board of Governors: determines policy with respect to interest rates, credit availability, and the money supply

- U.S. Constitution
- Statutory Law
- Administrative agencies
- Case Law, Common Law
- Executive Orders

is talking informal attempt to resolve the issue, the advantages are that negotiation is usually quick and cheap, one disadvantage is that negotiation is personalized

is where experts tell you about your case, tries to emphasize the points of agreement to help them resolve their dispute, one advantage of mediation is that a mediator can hear parties out and help them communicate with each other in an effective and nondestructive manner. One disadvantage of mediation is that one party may take advantage of the other if posed to be more powerful than another. Mediation is also non-binding and doesn't always lead to settlement

is where parties present their arguments and evidence before an arbitrator at a hearing, and the arbitrator renders a decision resolving the parties' disputes. One advantage is that arbitration can lead to a final rule and it is less expensive than having a trial. One disadvantage is that arbitration is non-appealable

focuses more on morality standards of right and wrong, duties owed and rights to be protected.

shareholders, owners, employees, bondholders, franchise owners etc.

1. Inquiry - identify the parties involved and collect relevant facts
2. Discussion - the decision maker lists possible actions. Ultimate goals for the decision are determined.
3. Decision - those participating in the decision making work together to craft a consensus decision or consensus plan of action for the corporation
4. Justification - the decision maker articulates the reasons for the proposed action or series of actions. This step essentially results in documentation to be shared with stakeholders explaining why the proposal is an ethical solution to the problem
5. Evaluation - occurs once the decision has been made and implemented. The solution should be analyzed to determine if it was effective. The results of this evaluation may be used in making future decisions.

Complaint -> Summons -> answer -> discovery -> deposition -> trial ->Verdict

-The delivery of the complaint and summons to a defendant.

F for Facts
I for Issue
R for Rule of Law
A for Application of the Law
C for Conclusion

In Dukes V. Walmart the holding was a 5-4 decision for Walmart. The court ruled that the plaintiff's(Betty Dukes and 1.6 milliion female workers) did not have enough in common to constitute a class. There wasn't enough discovery to prove that discrimination did indeed occur against each and every worker.

concerns the application or interpretation of the law

answered by reference to facts and evidence and inferences arising from the presented fact

only focus on questions of law

focus on questions of fact

is the location where a trial takes place

legitimate justification for bringing a civil case to court

no unreasonable search and seizure, evidence ceased unconstitutionally cannot be used to prosecute, warrant must describe particularity

requires due process of law, prohibits double jeopardy, protects against self-incrimination

guarantees a speedy trial, trial by jury, public trial, right to confront witness, right to counsel

prohibits excessive bail and fines, no cruel and unusual punishment

have powers delegated to them by congress to regulate commerce and administer specific laws

1. Post a notice of the proposed rule making on the Federal Register
2. A comment period for the parties to express their views on the proposed rule
3. The Final Rule contains a concise general statement on the basis and purpose of the proposed rule

policy where courts will follow the rules or interpretations set out by administrative agencies if the actions and laws are reasonable and congress directly addresses the issue in dispute in the statute

1. Reasonable
2. Within the scope of the laws creating the agency

- preponderance of evidence
-three-fourths majority vote to reach verdict
- remedy includes compensation for the harm or a decree to achieve an equitable result

-only requires unreasonable doubt
-requires unanimous vote in order to reach a verdict
- results in punishment; fine, imprisonment or death

True bruv

primary legal basis for the Supreme Court's refusal to exercise jurisdiction over foreign defendants

a court's power to hear and decide a case before any appellate review

The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law.

True

1. Set a code of conduct
2. Enforce the code vigorously
3. Enforce the code even if inconvenient
4. Investigate thoroughly
5. ask tough questions
6. whistleblower hotline

75,000 in damages, diversity of citizenship, federal question

Investigate
Investigate Powers
Inspect and Subpoena
Search warrants

1. challenge with an agency
2. court of appeals
3. go to congress
4. go to president

A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.

- it is a writ, or order compelling a witness to appear at an agency hearing

federal law that establishes the operating rules for administrative agencies

1. Failed to provide a rational explanation for its decision.
2. Changed its prior policy without justification.
3. Considered legally inappropriate factors.
4. Entirely failed to consider a relevant factor.
5. Rendered a decision plainly contrary to the evidence.

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.

Securities and Exchange Commission - regulates the nation's stock exchanges

The principle by which one nation defers to and gives effect to the laws and judicial decrees of another nation. This recognition is based primarily on respect.

met if the corporation advertises or sell its products within a specific state, or places its goods into the "stream of commerce" with the intent that the goods be sold in the state

courts can assert jurisdiction towards nonresident defendants and call them back as long as they meet a minimum contact requirement.

A government's seizure of a privately owned business or personal property for a proper public purpose and with just compensation.

a government's taking of a privately owned business or personal property without a proper public purpose or an award of just compensation

A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

Limitation on the types of cases a court can hear, usually determined by federal or state statutes

ethical philosophy that focuses on the impacts of a decision on society or on key stakeholders