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The trial court will create a record of the case which includes: - ️️Pleadings, Exhibits, Transcripts, findings of fact, rulings of law, the court's decision What is the main difference between violating your own morals, an ethical code, or a law? - ️️The punishment. Morals = feel bad. Ethics = censure, disciplinary procedures, or license suspension. Law = fines, damages, jail. Morality refers to principals of right an wrong as determined by one's own __________. - ️️cons...

blurring - ️️situation that occurs when a party uses another party's famous mark to designate a product of service in another market so that the unique significance of the famous mark is weakened sarbanes oxley act of 2002 - ️️federal statue that established rules to improve corporate governance, prevent fraud, and add transparency to corporate operations winding up and liquidation - ️️dissolved corporation assets are collected, liquidated, and distributed to creditors and p...

legal reasoning - ️️is the reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case. Ordinaces - ️️Statues passed by municipal or county governing units to govern matters not covered by federal law. constitional law - ️️highest law, can overide statue law & common law, laws come from the charter of rights and freedoms ( Supreme law of the land) Administrative Law - ️️consi...

Diversity of Citizenship Cases - ️️Involves disputes between different states that exceeds $75,000 1oth Ammendment - ️️The powers not delegated to the U.S. by the constitution nor prohibited by it to the states, are reserved for the states Statutes/Statutory Law - ️️Written laws enacted by the US Congress and State legislatures. Subservient to Constitution Ordinances - ️️Laws passed by local govs with effect of statutes Common Law - ️️"Judge made law" 4th branch...

Legal Process where neutral third party called an arbitrator hears the dispute and makes a decision - ️️Arbitration Unique, people interested in outcome of specific case can submit their own brief - ️️Amicus Curiae Brief Principles of right and wrong determined by one's own conscious - ️️Morality Set of rules of conduct recognized by particular group of individuals - ️️Ethics When judge who is not part of majority opinion writes down their own opinion setting forth the ...

You had been closely following the president's recent impeachment trial. You noticed that Senator Rand Paul tried to release the name of the whistleblower and are certain this violates federal whistleblower protection laws. You decide to sue Rand Paul for what you believe to be a violation of federal law. You have him properly served and both jurisdiction and venue are proper. If Rand Paul wants the case dismissed he would have his lawyers file a ______________ arguing that you lack ____...

Sole Proprietorship - ️️The simplest form of business, in which the owner is the business. The owner reports business income on his or her personal income tax return and is legally responsible for all debts and obligations incurred by the business. Tarnishment - ️️A situation that occurs when a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner copyrig...

mens rea - ️️a type of intent crime that states you have to intend to do what you shouldn't (or not do what you should) - specific intent (you purposefully ran someone over - murder) - general intent (you accidentally ran someone over - manslaughter) felony - ️️a crime that is serious and typical punishment is more than a year in prison Misdemeanor - ️️Less serious crimes punishable by under a year (less than 6 months most of the time) in county jail (in WA only 90 days) v...

How does an amendment get proposed? - ️️Can be proposed by a two-thirds vote of both houses of the U.S. Congress or by a request by two thirds of the state legislatures calling for a national convention to be convened. Amendment must be ratified by three-fourths of the state's legislatures or by three-fourths of the convention held in two-third of the states. Full Faith and Credit Clause - ️️Article IV, Section 1. Full Faith and Credit shall be given in each State to the public ...

BULE 303 PACKAGE DEAL (COMPILED) WITH GRADED A+ SOLUTIONS

BULE 303 EXAMS PACKAGE DEAL ALL GRADED TO PASS

Jurisdiction - ️️"the power to speak the law" Before any court can hear a case, it must have jurisdiction over the person whom the suit is brought, or over the property involved. The court must also have jurisdiction over the subject matter of the dispute. Historical school of legal thought - ️️Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system. Primary sources of law - ️️U.S. and state constitutions, statutes or laws ...

Government in the Sunshine act - ️️Requires that any government meeting must be open to the public and that the government musts give advanced notice of the agency meeting Freedom of information act - ️️Allows citizens to access information about the government at anytime Legislative control - ️️can abolish, modify, or de-fund an agency as well as investigate and freeze enforcement. Sources of Law - ️️Constitution statutes Common law Agency regulations Judicial Require...

Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's state license and ruled that he was not allowed to operate his vessel b...

Audit committee of the board of directors - ️️Responsible for the selection, compensation, and oversight of the independent public accountants that audit the firm's financial records. The Sarbanes-Oxley act of 2002 requires all publically held corporations to have an audit committee. The order or priority that is used when conflicts arise among documents invovling corporations. - ️️1. The U.S. constitution 2. State constitutions 3. State Statutes 4. The articles of incorporati...

What is the commerce clause? - ️️Gives Congress the power to regulate commerce with foreign nations and the states A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. Term? - ️️Stare decisis A statute prescribing a period of limitation for the bringing of certain kinds of legal action. Term? - ️️Statute of limitations What is known as the supreme law of the land? - ️️Constitutional law The body of law derived from...

Utilitarianism - ️️An approach to ethical reasoning in which an action is evaluated in terms of its consequences for those whom it will effect. A "good" action is one that results in the greatest good for the greatest number of people. A business' responsibility and ethical uncertainty -- May v. Chrysler Group, LLC - ️️An employee sued Chrysler for failing to take action to stop harassment in the workplace. The investigation showed that the company had taken sufficient effo...

statutory law - ️️the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law) persuasive authority - ️️any legal authority or source of law that a court may look to for guidance but need not follow when making its decision natural law - ️️the oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature breac...

What type of business uses permalancers? Benefits? - ️️Small businesses may try to keep workers and independent contractors, because agents (employees) are liabilities to businesses What are exceptions to employment at will? - ️️Wrongful discharge (termination in violation of contract or employment statute), contract or implied contracts, whistleblowers, Agen Independent Contractor - ️️Person who contracts with another to do something for him/her, but who is not controlled by ...

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