business law today: exam 1 (chapter 1-7)
Name the various sources of the land - (correct Answer) - U.S Constitution, Congress, Case Law &
Administrative Agencies( FDA, etc)
What is the supreme law of the land? - (correct Answer) - The Constitution.
What is administrative law? - (correct Answer) - Rules, orders, regulations of administrative agencies.
What is substantive vs Procedural law? - (correct Answer) - Substantive laws are laws that
describe/create/define legal rights.
Procedural laws are laws that support the method of substantive laws.
What is the commerce clause and why is it important to business? - (correct Answer) - The commerce
clause is a law irregulating state law from interference of interstate trade/commerce. It's important to
business because as a consumers and buyers in this country, we transport goods from state to state for
trade and commerce. It's important to businesses because the business revolves around their product.
What is the supremacy clause? - (correct Answer) - The supremacy clause is a law that says federal law
always wins over state law when conflict arises between the two.
What is the Bill of Rights? What does the first, fourth, fifth and sixth amendment rights contain? -
(correct Answer) - The bill of rights is the first ten amendments to the U.S constitution. It's purpose is to
serve as protection for citizens of the united states when interference by the federal government occurs.
1st Amendment - (correct Answer) - The 1st Amendment is freedom of practice of religion, freedom of
speech, freedom of press and freedom of peacefully fighting for one's rights.
Fourth Amendment - (correct Answer) - The 4th Amendment discusses the rights to people's privacy in
regards of their lives, homes, personal documents, etc. By law govt. or any law enforcement must
have/obtain PROBABLE cause to search granted there is permission from a judge.
Fifth Amendment - (correct Answer) - The Fifth Amendment gives people the right to a fair jury and to
have a right to a attorney as well as the right to defend their innocence to those who are making
accusations towards them.
Sixth Amendment - (correct Answer) - Discusses the important clauses citizens have.
The citizenship clause - (correct Answer) - Those who are born in America have automatic citizenship
Due process clause - (correct Answer) - serves as protection of an individual being stripped away from
first amendment rights without due process. (Trial jury for people who have been accused of breaking
the law)
, Equal protection clause - (correct Answer) - Gives individuals freedom of discrimination from the law. All
persons must be treated fairly in any given situation disregarding gender, race, sexual orientation and
religion.
What if there is conflict between laws and the constitution? - (correct Answer) - Federal Law prevails.
Name the different levels of state and federal courts. - (correct Answer) - State: circuit courts,
What is the role of the judicial branch? - (correct Answer) - They interpret the laws.
What are jurisdiction and venue? - (correct Answer) - Authority of court to hear a case; Location of trial
What is the concept of minimum contacts? - (correct Answer) - A nonresident defendant's connections
with the forum state (i.e., the state where the lawsuit is brought) that are sufficient for jurisdiction over
that defendant to be proper. Lack of minimum contacts violates the nonresident defendant's
constitutional right to due process and "offends traditional notions of fair play and substantial justice"
What is a "Long-arm statute" ? - (correct Answer) - A state law that allows the state to exercise
jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient
minimum contacts with the forum state.
What is a complaint? What is an answer? - (correct Answer) - Complaint starts a law suit; Answer
answers the law suit.
What is discovery? - (correct Answer) - When both sides exchange information back and forth.
What are the two types of discovery? - (correct Answer) - Deposition and Interrogatory
Deposition is.. - (correct Answer) - oral testimony under oath
Interrogatory is... - (correct Answer) - written questions under oath.
What is alternative dispute resolution? - (correct Answer) - - Mediation
- Arbitration
- Negotiation
(No order exists.)
What is a tort? - (correct Answer) - A wrongfully committed crime.
What are two types of damages? - (correct Answer) - Compensatory- compensating for damages to the
person prior to accident.
Punitive punishment(rare)- punishment goes to the plaintiff
What are the various types of intentional torts? - (correct Answer) - Assault(threat of physical harm) and
Name the various sources of the land - (correct Answer) - U.S Constitution, Congress, Case Law &
Administrative Agencies( FDA, etc)
What is the supreme law of the land? - (correct Answer) - The Constitution.
What is administrative law? - (correct Answer) - Rules, orders, regulations of administrative agencies.
What is substantive vs Procedural law? - (correct Answer) - Substantive laws are laws that
describe/create/define legal rights.
Procedural laws are laws that support the method of substantive laws.
What is the commerce clause and why is it important to business? - (correct Answer) - The commerce
clause is a law irregulating state law from interference of interstate trade/commerce. It's important to
business because as a consumers and buyers in this country, we transport goods from state to state for
trade and commerce. It's important to businesses because the business revolves around their product.
What is the supremacy clause? - (correct Answer) - The supremacy clause is a law that says federal law
always wins over state law when conflict arises between the two.
What is the Bill of Rights? What does the first, fourth, fifth and sixth amendment rights contain? -
(correct Answer) - The bill of rights is the first ten amendments to the U.S constitution. It's purpose is to
serve as protection for citizens of the united states when interference by the federal government occurs.
1st Amendment - (correct Answer) - The 1st Amendment is freedom of practice of religion, freedom of
speech, freedom of press and freedom of peacefully fighting for one's rights.
Fourth Amendment - (correct Answer) - The 4th Amendment discusses the rights to people's privacy in
regards of their lives, homes, personal documents, etc. By law govt. or any law enforcement must
have/obtain PROBABLE cause to search granted there is permission from a judge.
Fifth Amendment - (correct Answer) - The Fifth Amendment gives people the right to a fair jury and to
have a right to a attorney as well as the right to defend their innocence to those who are making
accusations towards them.
Sixth Amendment - (correct Answer) - Discusses the important clauses citizens have.
The citizenship clause - (correct Answer) - Those who are born in America have automatic citizenship
Due process clause - (correct Answer) - serves as protection of an individual being stripped away from
first amendment rights without due process. (Trial jury for people who have been accused of breaking
the law)
, Equal protection clause - (correct Answer) - Gives individuals freedom of discrimination from the law. All
persons must be treated fairly in any given situation disregarding gender, race, sexual orientation and
religion.
What if there is conflict between laws and the constitution? - (correct Answer) - Federal Law prevails.
Name the different levels of state and federal courts. - (correct Answer) - State: circuit courts,
What is the role of the judicial branch? - (correct Answer) - They interpret the laws.
What are jurisdiction and venue? - (correct Answer) - Authority of court to hear a case; Location of trial
What is the concept of minimum contacts? - (correct Answer) - A nonresident defendant's connections
with the forum state (i.e., the state where the lawsuit is brought) that are sufficient for jurisdiction over
that defendant to be proper. Lack of minimum contacts violates the nonresident defendant's
constitutional right to due process and "offends traditional notions of fair play and substantial justice"
What is a "Long-arm statute" ? - (correct Answer) - A state law that allows the state to exercise
jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient
minimum contacts with the forum state.
What is a complaint? What is an answer? - (correct Answer) - Complaint starts a law suit; Answer
answers the law suit.
What is discovery? - (correct Answer) - When both sides exchange information back and forth.
What are the two types of discovery? - (correct Answer) - Deposition and Interrogatory
Deposition is.. - (correct Answer) - oral testimony under oath
Interrogatory is... - (correct Answer) - written questions under oath.
What is alternative dispute resolution? - (correct Answer) - - Mediation
- Arbitration
- Negotiation
(No order exists.)
What is a tort? - (correct Answer) - A wrongfully committed crime.
What are two types of damages? - (correct Answer) - Compensatory- compensating for damages to the
person prior to accident.
Punitive punishment(rare)- punishment goes to the plaintiff
What are the various types of intentional torts? - (correct Answer) - Assault(threat of physical harm) and
