Business Law Exam 1
*****What are the three branches of government? - ANS -1. Executive
2. Judicial
3. Legislative
You better gets these lol
*****Sources of American Law - ANS -1) U.S. and State Constitutions
2) Statutory Law -- federal and state statutes
3) Administrative Law
4) Case Law and Common Law Doctrines
Which court are almost all family court issues heard at? - ANS -State Court
How many justices are there in the US Supreme Court? - ANS -9
Who makes law? - ANS -Judge
*****What is Stare Decisis? - ANS -To stand on decided cases
Who is the plaintiff? - ANS -First Party
Who is the defendant? - ANS -Second Party
*****What does civil law define? - ANS -It defines the rights between individuals or an individual
and governments
-Usually private party suing private party
*****What does criminal law define? - ANS -Defines an individual's obligations to society as a
whole
-Always the government or public officials prosecute the defendant on behalf of victim and
society.
In a civil case, who sues who?
a) Plaintiff sues defendant
b) Defendant sues Plaintiff - ANS -a)
Remember example: Joe Smith vs. Procter & Gamble
What happens if the plaintiff is successful in a civil court? - ANS -The defendant is found "liable"
(vs. "not liable")
,In a civil court, if the defendant is found "liable", do they typically serve jail time? - ANS -No, just
pay monetary damages
In civil court, what is "burden of proof?" - ANS -It is by "preponderance" of the evidence and a
majority of jurors must agree on verdict. If not, then it is a mistrial/ hung jury
* There must be 50% factual evidence against the defendant
In criminal court, who charges against the defendant? - ANS -State/ City/ Government
Remember example: State of Kentucky vs. Patrick Monohan
In criminal court, if the government is successful, what is the defendant? - ANS -Guilty (vs. Not
guilty)
Does the defendant go to jail in criminal court if they are found guilty? - ANS -Yes
In criminal court, what is "burden of proof?" - ANS -Defined by "beyond a reasonable doubt"
(opposite of preponderance in civil court)
and the verdict (for guilty or acquittal) must be unanimous. If not, mistrial/ hung jury
What is required to bring a person to court? - ANS -1. Jurisdiction
2. Venue
3. Standing
*****Jurisdiction of Federal Courts - ANS -1. *****Federal question
-cases involve rights or obligations of a party that are created or defined by some federal law.
2. *****diversity of citizenship
-The parties are not from the same state, and
-The amount in controversy is greater than $75,000.
-Corporation is a citizen of both the state it is incorporated and where its principal place of
business is located.
*****Procedural: Due Process - ANS -Procedures depriving an individual of his/her rights (life,
liberty or property) must be fair and equitable. Fair Procedures must be used in determining
whether a person will be subjected to punishment or have some burden imposed on him.
DOO DOO Hehe
*****What is a Trial? - ANS -An evidence presentation and authentication procedure
How do you prevail in a trial? - ANS -To prevail the plaintiff must introduce a preponderance
(civil) of competent, relevant evidence with respect to each disputed allegation in order to prove
it.
, Who goes first? The plaintiff or the defendant? - ANS -Plaintiff
What is the order in a trial? - ANS -1. opening statements
2. witnesses
3. admissibility of evidence decided by judge
4. party may impeach the testimony or credibility of opposing witness by showing prior
inconsistent statements and/or perjury
5. closing arguments
6. jury instructions, deliberations and verdict
What is the key concept of federalism? - ANS -States delegated the power of the federal
government while they retained the rest of their power (so they could govern themselves) when
the constitution was ratified.
How was Federalism born? - ANS -1. States formed a union and the sovereign power is divided
between the national government and various states.
2. The Constitution was ratified in 1789
*****List 3 checks and balances: - ANS -1. 1789: Constitution established a federal form of
government with checks and balances among three branches: executive, legislative and judicial.
2. The legislative branch can enact a law, but the exec. Branch has the authority to veto (and be
overridden)
3. The exec. branch is responsible for foreign affairs, but foreign treaties require advice and
consent of Congress
4. Congress determines the jurisdiction of the Courts and the President appoints judges with the
advice and consent of Senate
5. The judicial branch can hold actions of the other two branches unconstitutional.
What is a positive aspect of the Commence clause? - ANS -The court has determined that
Congress has the exclusive authority to regulate commerce that substantially affects trade and
commerce
What is a bad aspect of the Commence clause? - ANS -The states do not have the authority to
regulate interstate commerce.
- AKA: The "Dormant" Commerce Clause"
Courts must decide: does the state law place a substantial burden on interstate commerce?
There can be no burden on commerce through a STATE LAW because the states do not have
the authority to regulate interstate commerce.
*****What is preemption? - ANS -If a federal law regulating an activity is so comprehensive or
detailed that the states have not room to regulate it, it is said that the federal government has
PREEMPTED the states from making a law in that area. (i.e. medical devices)
*****What are the three branches of government? - ANS -1. Executive
2. Judicial
3. Legislative
You better gets these lol
*****Sources of American Law - ANS -1) U.S. and State Constitutions
2) Statutory Law -- federal and state statutes
3) Administrative Law
4) Case Law and Common Law Doctrines
Which court are almost all family court issues heard at? - ANS -State Court
How many justices are there in the US Supreme Court? - ANS -9
Who makes law? - ANS -Judge
*****What is Stare Decisis? - ANS -To stand on decided cases
Who is the plaintiff? - ANS -First Party
Who is the defendant? - ANS -Second Party
*****What does civil law define? - ANS -It defines the rights between individuals or an individual
and governments
-Usually private party suing private party
*****What does criminal law define? - ANS -Defines an individual's obligations to society as a
whole
-Always the government or public officials prosecute the defendant on behalf of victim and
society.
In a civil case, who sues who?
a) Plaintiff sues defendant
b) Defendant sues Plaintiff - ANS -a)
Remember example: Joe Smith vs. Procter & Gamble
What happens if the plaintiff is successful in a civil court? - ANS -The defendant is found "liable"
(vs. "not liable")
,In a civil court, if the defendant is found "liable", do they typically serve jail time? - ANS -No, just
pay monetary damages
In civil court, what is "burden of proof?" - ANS -It is by "preponderance" of the evidence and a
majority of jurors must agree on verdict. If not, then it is a mistrial/ hung jury
* There must be 50% factual evidence against the defendant
In criminal court, who charges against the defendant? - ANS -State/ City/ Government
Remember example: State of Kentucky vs. Patrick Monohan
In criminal court, if the government is successful, what is the defendant? - ANS -Guilty (vs. Not
guilty)
Does the defendant go to jail in criminal court if they are found guilty? - ANS -Yes
In criminal court, what is "burden of proof?" - ANS -Defined by "beyond a reasonable doubt"
(opposite of preponderance in civil court)
and the verdict (for guilty or acquittal) must be unanimous. If not, mistrial/ hung jury
What is required to bring a person to court? - ANS -1. Jurisdiction
2. Venue
3. Standing
*****Jurisdiction of Federal Courts - ANS -1. *****Federal question
-cases involve rights or obligations of a party that are created or defined by some federal law.
2. *****diversity of citizenship
-The parties are not from the same state, and
-The amount in controversy is greater than $75,000.
-Corporation is a citizen of both the state it is incorporated and where its principal place of
business is located.
*****Procedural: Due Process - ANS -Procedures depriving an individual of his/her rights (life,
liberty or property) must be fair and equitable. Fair Procedures must be used in determining
whether a person will be subjected to punishment or have some burden imposed on him.
DOO DOO Hehe
*****What is a Trial? - ANS -An evidence presentation and authentication procedure
How do you prevail in a trial? - ANS -To prevail the plaintiff must introduce a preponderance
(civil) of competent, relevant evidence with respect to each disputed allegation in order to prove
it.
, Who goes first? The plaintiff or the defendant? - ANS -Plaintiff
What is the order in a trial? - ANS -1. opening statements
2. witnesses
3. admissibility of evidence decided by judge
4. party may impeach the testimony or credibility of opposing witness by showing prior
inconsistent statements and/or perjury
5. closing arguments
6. jury instructions, deliberations and verdict
What is the key concept of federalism? - ANS -States delegated the power of the federal
government while they retained the rest of their power (so they could govern themselves) when
the constitution was ratified.
How was Federalism born? - ANS -1. States formed a union and the sovereign power is divided
between the national government and various states.
2. The Constitution was ratified in 1789
*****List 3 checks and balances: - ANS -1. 1789: Constitution established a federal form of
government with checks and balances among three branches: executive, legislative and judicial.
2. The legislative branch can enact a law, but the exec. Branch has the authority to veto (and be
overridden)
3. The exec. branch is responsible for foreign affairs, but foreign treaties require advice and
consent of Congress
4. Congress determines the jurisdiction of the Courts and the President appoints judges with the
advice and consent of Senate
5. The judicial branch can hold actions of the other two branches unconstitutional.
What is a positive aspect of the Commence clause? - ANS -The court has determined that
Congress has the exclusive authority to regulate commerce that substantially affects trade and
commerce
What is a bad aspect of the Commence clause? - ANS -The states do not have the authority to
regulate interstate commerce.
- AKA: The "Dormant" Commerce Clause"
Courts must decide: does the state law place a substantial burden on interstate commerce?
There can be no burden on commerce through a STATE LAW because the states do not have
the authority to regulate interstate commerce.
*****What is preemption? - ANS -If a federal law regulating an activity is so comprehensive or
detailed that the states have not room to regulate it, it is said that the federal government has
PREEMPTED the states from making a law in that area. (i.e. medical devices)
