History Final Exam notes

History Final Exam notesChapter 1 Which of the following is an example of procedural law? Rules as to how a court's decision is to be enforced The freedom of speech granted by the U.S. Constitution is an example of: Substantive Law One distinction between civil law and criminal law is: criminal law is concerned with breaches of duty to society at large. If a person carelessly runs a car into yours, the person has committed civil tort of negligence Local legislation regulating zoning and noise levels are examples of: Ordinances A treaty becomes "the supreme law of the land" when: it is an agreement made by the president with a foreign government and two-thirds of the Senate ratifies it. Common law arises when: courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule. Under the power of judicial review: a judge may render a legal rule unenforceable by declaring it in conflict with a constitution. The constitutional prohibition of ex post facto laws applies to statutory law. The adversary system is characterized by: the idea that ultimate truth and justice will prevail if each party to a dispute is represented by competent attorneys providing the strongest possible representation. According to attorney-client privilege a client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively The work product privilege considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients. Chapter 2 Under the Uniform Arbitration Act, a court: will not review the wisdom or decision of the arbitrator. An employee appointed within an organization to settle disputes is called a(n): Ombudsperson Jurisdiction is defined as: the authority of a court to hear a case and render a binding decision on it. Municipal courts are: known as justice of peace courts in rural areas Trial courts differ from inferior courts in that trial courts: are courts of record from which an appeal can be taken A+ Generally, the role of appellate courts is to: review the proceeding in the trial court and correct legal errors made by the trial judge District courts: have both fact-finding (by the judge or jury) and law-finding (by the judge) functions The primary way a case can be appealed to the Supreme Court is through a: write of certiorari Which of the following concerning ‘pleadings' is true? The complaint, answer and reply inform the parties of each other's claims and form the basis for a trial A motion to dismiss made by the defendant is granted when it is clear that the plaintiff does not have a case and it would be wasteful to continue Chapter 3 Deontological theory focuses on: Actions The regulatory agency "capture" usually occurs through the frequent exchange of personnel between a governmental agency and the industry it was intended to regulate. The Sarbanes-Oxley Act substantially increases the penalties for corporate wrongdoing. It is unlikely that greater control by shareholders will lead to greater corporate social responsibility because most shareholders are motivated by maximizing profits and are unlikely to approve corporate actions contrary to that end The new federal sentencing guidelines implemented as part of Sarbanes-Oxley assign specific oversight responsibilities to directors A corporate manager looking for ethical guidance that neither the law nor social norms accounts for must rely on: his/her individual conscience A grease payment is one that is made by a company toward foreign governmental officials to secure routine governmental action. The Foreign Corrupt Practices Act (FCPA): deals only with payments to foreign governmental officials Law may not be up to the task of forcing corporations to engage in ethical behavior for a number of reasons, including that: it is not clear that all corporations will respond to the threat of financial penalties imposed by law Some of the problems raised by corporate reward structures include: managers being inclined sometimes to act irresponsibly and/or illegally without an eye to legal trouble that may occur in the future. Chapter 4 The power of the states to regulate is: exclusive in the domain of intrastate commerce The federal government has the exclusive right to regulate all _____ of the United States. A+ foreign commerce The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by: prohibiting state laws that openly discriminate against interstate commerce One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must: not discriminate in favor of local interests and against out-of-state interests. Which of the following is true of the Takings Clause? It is triggered by the power of eminent domain The primary components of the Takings Clause are a taking; for a public purpose; the private property owner is entitled to just compensation Which of the following likely would disqualify the definition of "public use" under the government's power of eminent domain? Seizure of private land to sell it to a private developer who aims to make profit from it In the case of a taking, just compensation is defined as: the current fair market value of the property involved in the taking Which of the following prohibits the federal government from depriving any person "of life, liberty, or property, without due process of law"? The Fifth Amendment Due Process Clause Which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution? It prohibits any state from arbitrarily discriminating against persons. Under the Equal Protection Clause: states are prohibited from arbitrarily discriminating against persons. If the governmental action has a reasonable relationship to the achievement of a legitimate purpose, it is declared constitutional under: rational basis analysis. Commercial speech, under the First Amendment, is: subject to intermediate scrutiny unlike political speech. Administrative agencies: are, in theory, part of the executive branch of government, but they may also perform legislative and judicial functions. The independent agencies often exercise _____ to gain access to witnesses and documentary evidence, as many people will not voluntarily cooperate with information requests. a subpoena power Chapter 5 Disenfranchisement refers to the loss of the right to vote: which might result from the conviction of a felony. "Mens rea" means: Criminal intent In which of the following ways can insanity affect a criminal trial? The trial may be delayed until the defendant regains sanity. Which of the following is included in the Fifth Amendment? A+ The prohibition against double jeopardy What is a white-collar crime? It is a nonviolent crime committed by businesspersons and organizations. The responsible corporate officer doctrine: directs that corporate officials and agents may be held liable for crimes they aid and abet. (p. 110) Under the Sarbanes-Oxley Act of 2002: whistleblowers are offered legal protection. Dexter Hemingway is the CEO and Todd Bradley is the CFO of Maxwell Inc. Unknowingly, both signed the financial report for the year 2006-07, which was later found to be fraudulent and misleading. Can they be held liable for punishment? Under the Sarbanes-Oxley Act, both of them must reimburse the company. Under RICO, _____ is considered a racketeering activity. extortion Chapter 6 Compensatory damages are also known as: actual damages. Punitive damages are damages in excess of the plaintiff's injuries, awarded to punish the defendant. The elements of an intentional tort are: harm to another person/property and intent. Mike snatched Kathy's purse off her shoulder while she was walking on the street. She, with the help of few others on the street, caught him and produced him before court. Which of the following torts could Kathy prove in a lawsuit against Mike? Battery The tort of false imprisonment protects: mental and physical interests. Which of the following denotes an injury to a person's reputation? Defamation Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation? No, because Bob has the defense of truth. Which of the following statements is conditionally privileged in defamation suits? Statements made in the furtherance of legitimate business interests. For a public figure to sue for defamation, he/she must prove: actual malice. Under the tort of invasion of privacy: some widespread dissemination of information is necessary for liability. The tort of interference with contract: applies to a person who intentionally prevents performance of another person's contract. Which of the following is an example of interference with economic relations? Disparage