Social & Legal Environment Business
1. Identify 8 purposes of Law: peacekeeping, personal freedom, planning and actualization of reasonable expectations- contracts, promote/protect competition to promote economic growth – antitrust, social justice, environmental protection, system of order – consistency and fairness, promotes good faith dealing among merchants and consumers
2. What is public policy? What is law? What is jurisprudence?
3. Identify 6 sources of American Law; How many articles are in the constitution? Ans: 7; How many amendments are in the constitution? Ans: 27
4. What is Stare Decisis? Precedent? why it is so important in American law?
5. What 4 primary questions should be considered by the court when deciding whether an earlier decision should be overruled? (see t
ext for the list)
6. What is “Equity” in our legal system? What are 2 maxims of equity? What are 2 equitable remedies?
1.) Explain the difference between courts of law and courts of equity and determine which court applies to modern America.
A court of law is a court that bases it decisions strictly on existing laws and rules, while a court of equity, applied the rules of fairness when applications of technical rules resulted in an injustice.
2.) Billy and Bob walk into a Best Buy store and are each caught stealing an iPad. Billy’s parents are well known in the community and as a result the judge gives him 5 hours of community service. Bob on the other hand is known in the town for being a troublemaker and is sentence to a week in prison. Why is this considered unfair?
Under the doctrine of stare decisis, similar cases with similar facts and issues should have the same judicial outcome. Because Billy and Bob were both in the same place at the same time stealing the same thing, the outcome of their trials should have been the same.
7. Identify 4 key public policy objectives in American law that seek to enhance economic activity, commerce and for-profit corporations (promote economic growth, protect workers, promote consumer welfare, promote public welfare, resolve policy conflicts)
8. What is the difference between Civil vs. Criminal Law? Explain the difference between criminal laws and civil laws and give an example of each.
9. What is the difference between Substantive and Procedural Law?
10. What is the difference between Public and Private Law?
11. What form of government do we have in the U.S.? What are the three parts of government and what is the purpose of having these three parts?
12. List 10 rights US citizens have guaranteed to them under the US Constitution.
13. What is a Bill of Attainder? An Ex post facto clause?
14. Give 2 examples of the taxing and spending power of the Federal government.
1. What is judicial review? (Marbury v. Madison) What 3 standards does the Court apply when reviewing a government action for constitutional soundness? (rational basis category, intermediate-level scrutiny, or strict scrutiny) What is the difference in these levels of scrutiny?
2. What is Federalism? In McCulloch v. Maryland, the Necessary and proper clause was discussed. What is the importance of this clause in the U.S. Constitution? (hint: this is the national bank case)
3. Explain the Supremacy Clause and Preemption within the context of settling conflicts between the federal government and the states. (City of Burbank – hint the airport case)
4. Commerce Clause: a complete essay answer will explain where Congress gets its power to regulate commerce (the commerce clause of the US constitution); will identify the 3 theories that explain how INTERstate commerce was expanded to include INTRAstate commerce – using the 3 cases as examples, Jones & Laughlin Steel, US v. Filburn (farmer) and Heart of Atlanta Motel + Lopez + Morrison (see text – these are the non economic impact cases) Then REMEMBER to specifically answer what my question is on the exam given fact scenario on the exam. HINT: your answer to Discussion Board #2
Explain the expansion of the Commerce clause (interstate to intrastate) (3 theories, 3 cases, + Lopez, + Morrison – Violence Against Women Act.)
5. Explain First Amendment protections are given to businesses? Or How are businesses in the U.S. impacted by the rights to free speech and free press? Discuss whether or not freedom of speech should be limited on the Internet.
6. What is Due Process? Procedural and substantive? How does due process impact the business environment?
1. What is jurisdiction? In rem jurisdiction? Personal jurisdiction? Federal question jurisdiction? Diversity jurisdiction? Venue? What is the difference between venue and jurisdiction? What is a writ of certiorari and how does a party go about getting one?
2. Name the 9 US Supreme Court justices.
3. How is diversity jurisdiction established at the Federal level? (federal question, diversity and concurrent).
4. What is standing? (3)
5. We discussed the International Shoe case…how does this case explain personal jurisdiction, “long arm statutes” and “minimum contacts”?
6. What is the Zippo Standard (passive, interactive and integral)? Explain how jurisdiction is obtained when e-mail is involved (minimum contacts – see Johnson v. King Media). Explain the difference between the country of origin standard and the country of reception standard?
What is an example where one party could not be protected by the Zippo standard?
7. How does a State Appellate Court assess the lower court’s decision?
1) Reviewing the lower court transcripts and rulings
2) Reading documents written by attorneys for each side articulating legal reasons why their side should prevail.
3) Sometimes allowing the attorneys to engage in oral arguments
What are the two parts in the two-part analysis that jurisdiction needs?
1) Subject matter jurisdiction: court’s authority over the dispute between parties
2) Personal jurisdiction: court’s authority over the parties in the dispute
1. List the steps in the litigation process for resolving disputes – before, during and post – trial.
2. What is Discovery? Types of tools used in discovery? 3. What is Alternative Dispute Resolution? Explain thoroughly 4 different types of ADR (mediation, arbitration, combo or hybrid med-arb, expert evaluation, summary jury trial, executive panel) Explain how ADR can be used as part of business planning.
4. What are the advantages and disadvantages of using ADR? If people truly have a right to “their day in court,” how does ADR affect that?
5. In arbitration, what do the parties need to submit and present to arbitrators? And then how is the decision made?