Business Law WGU C713 Version 3 exam questions and answers 2024

What purpose does the law serve in our society? To resolve conflicts in our society without the ise of volence. What are the three branches of government? Executive, Legislative, and Judicial What is Statutory Law? Law that is created by a legislative body, known as congress, at the federal Level. What is common Law? Is Judge-Made Law. It is law that comes from previous Judge rulings in similar cases. What is administrative Law? A branch of law that governs the creation and operation of administrative agencies How are agencies created? Agencies are created through their own organic statutes, which establish new laws and, doing so, create the respective agencies to interpret, administer, and enforce those new laws. What do we call laws that are created by administrative agencies? Rules of regulations What is litigation? It is the process of bringing in a court to settle a dispute, whether criminal or civil. It allows each side to tell their side of the story to an impartial jury or judge. Who is the plaintiff in a lawsuit? one party carries the burden of proof in the case—the prosecution in a criminal trial and the plaintiff in a civil trial. Who is the defendant? The party that initiates litigation is the prosecution, representing the people of a state or, in federal cases, representing the people of the United States. In a criminal trial, the alleged wrongdoer is also called the defendant. What is alternative dispute resolution (ADR)? is a term that encompasses many different methods of dispute resolution other than litigation. Describe negotiation as a method of ADR? is a method of alternative dispute resolution (ADR) that retains power to resolve the dispute to the parties involved. Describe mediation as a method of ADR? is a method of alternative dispute resolution (ADR) in which parties work to form a mutually acceptable agreement. When is mediation be used in business? In business, mediation is often the method of ADR used in disputes between employers and employees about topics such as workplace conditions, wrongful discharge, or advancement grievances. Mediation is used in disputes between businesses, such as in contract disputes. Mediation is also used for disputes arising between businesses and consumers, such as in medical malpractice cases or healthcare disputes Describe arbitration as a method of ADR? is a type of adjudication where two parties will try to settle a dispute with a third party, known as the arbitrator. Arbitrators preside over arbitration proceedings and are neutral decision-makers who are often experts in the law and subject matter at issue in the dispute What are the advantages and disadvantages of Arbitration? arbitration has certain benefits and drawbacks. Arbitration is an adversarial process like a trial, and it will produce a "winner" and a "loser." Arbitration is more formal than negotiation and mediation and, in many ways, it resembles a trial. Parties present their cases to the arbitrator by introducing evidence. After both sides have presented their cases, the arbitrator issues an arbitration award. What are the three categories of courts in the federal and state court system and what are their names? U.S. District Court, U.S. Court of Appeals, U.S. Supreme Court Explain "Diversity Jurisdiction"? Defense lawyers believe that an in-state plaintiff has an advantage when bringing a lawsuit against a nonresident in the plaintiff's local state court. Which court has the ultimate authority in interpreting the constitution? The U.S. Supreme Court Describe the "Commerce Clause" To regulate commerce with foreign nations, and among the serveral States, and eith the Indian Tribes. The commerce clase gives congress the exclusive power to make laws relating to foregin trade and commerce and to commarece among the various states. Explain the "Dormant commerce clause"? that even if the federal government does not act to make rules to gorvern matter of interstate commerce, the states may (using their police powers), but they may not do so in ways that unduly burden or discriminate against interstate commerce. Explain the "Supremacy clause"? The Supremacy Clause states that when there is a conflict between state and federal law, federal law wins What is the Bill of Rights? The First Ten Amendments of our Constitution What is the difference between a tort and a crime? A crime is an act against the people as a whole. Society punishes the murderer; it does not usually compensate the family of the victim. Tort law, on the other hand, views the death as a private wrong for which damages are owed Ho would you describe and intentional tort? Is when one party does something to intentionally harm or attempt to harm another party. What is the difference between the tort of "assault" and the tort of "battery"? Assault is the attempt to cause Battery How would you describe false imprisonment? Being unreasonably held or detailed against your will. How would you describe intentional infliction of emotional distress? Someone telling you something with the intent to cause distress, such that the false information cause an physical harm to your body. What is defamation? Is injury to a person's good name or reputation. What is the difference between slander and libel? Slander in spoken defamation and libel is written defamation. What are the four interests associated with a persons right to privacy? The right to control the appropriation of your name and picture for commercial purposes, the right to be free of intrusion on your "personal space" or seclusion, freedom from public disclosure of embarrassing and intimate facts of your personal life the right not to be presented in a "false light." When does "trespass to land" occur? Occurs whenever someone enters onto, above, or below the surface of land owned by someone else without the owner's permission. How would you describe "attractive nuisance"? It is when a land owner has some thing on their property that is an attraction to a child, the land owner will held libel if a child get harmed on that attraction. The land owner must take every precaution to insure that a child cant be harmed. How would you describe "conversion"? Theft of a person's goods in the attempt the convert them to there property. How would you describe "fraud"? By intentionally receiving money from another person by Criminal or deceptive ways How would you describe "assumption of risk"? It is the defense of injury caused by a party's knowledge of the risk associated with their actions.