WGU Business Law for Accountants - D216
Questions and Answers
14th Amendment
Ans: passed in 1868 after the Civil War, provides, in part, that "[n]o State
shall . . . deprive any person of life, liberty, or property, without due
process of law."
action at law
Ans: File a complaint, jury or judge, judgement, monetary damages or
property
action in equity
Ans: File a petition, judge, decree, injunction, specific performance, or
rescission
administrative agency
Ans: A federal or state government agency created by the legislature to
perform a specific function, such as to make and enforce rules
pertaining to the environment.
appellant
Ans: The party who takes an appeal from one court to another.
appellee
Ans: The party against whom an appeal is taken—that is, the party who
opposes setting aside or reversing the judgment.
Bill of Rights
Ans: The first ten amendments to the U.S. Constitution.
binding authority
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Ans: Any source of law that a court must follow when deciding a case.
breaches
Ans: To violate a law, by an act or an omission, or to break a legal
obligation that one owes to another person or to society.
business ethics
Ans: Ethics in a business context; a consensus of what constitutes right
or wrong behavior in the world of business and the application of moral
principles to situations that arise in a business setting.
case law
Ans: The rules of law announced in court decisions. Case law interprets
statutes, regulations, constitutional provisions, and other case law.
categorical imperative
Ans: A concept developed by the philosopher Immanuel Kant as an
ethical guideline for behavior. In deciding whether an action is right or
wrong, or desirable or undesirable, a person should evaluate the action
in terms of what would happen if everybody else in the same situation,
or category, acted the same way.
checks and balances
Ans: The system by which each of the three branches of the U.S. national
government (executive, legislative, and judicial) exercises checks on the
powers of the other branches.
Civil law
Ans: The branch of law dealing with the definition and enforcement of
all private or public rights, as opposed to criminal matters.
commerce clause
Ans: The provision in Article I, Section 8, of the U.S. Constitution that
gives Congress the power to regulate interstate commerce.
common law
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Ans: a body of general rules that applied throughout the entire English
realm
compelling government interest
Ans: A test of constitutionality that requires the government to have
compelling reasons for passing any law that restricts fundamental rights,
such as free speech, or distinguishes between people based on a suspect
trait.
concurring opinion
Ans: A court opinion by one or more judges or justices who agree with
the majority but want to make or emphasize a point that was not made
or emphasized in the majority's opinion.
Constitutional law
Ans: Law that is based on the U.S. Constitution and the constitutions of
the various states.
Corporate social responsibility (CSR)
Ans: The concept that corporations can and should act ethically and be
accountable to society for their actions.
cost-benefit analysis
Ans: A decision-making technique that involves weighing the costs of a
given action against the benefits of the action.
courts of equity
Ans: A court that decides controversies and administers justice
according to the rules, principles, and precedents of equity.
courts of law
Ans: A court in which the only remedies that can be granted are things
of value, such as money damages. In the early English king's courts,
courts of law were distinct from courts of equity.
Criminal law
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Ans: The branch of law that defines and punishes wrongful actions
committed against the public.
cyberlaw
Ans: An informal term used to refer to all laws governing electronic
communications and transactions, particularly those conducted via the
Internet.
damages
Ans: A monetary award sought as a remedy for a breach of contract or a
tortious act.
defendant
Ans: One against whom a lawsuit is brought, or the accused person in a
criminal proceeding.
defense
Ans: Reasons that a defendant offers in an action or suit as to why the
plaintiff should not obtain what he or she is seeking.
dissenting opinion
Ans: A court opinion that presents the views of one or more judges or
justices who disagree with the majority's decision.
due process clause
Ans: The provisions of the Fifth and Fourteenth Amendments to the U.S.
Constitution that guarantee that no person shall be deprived of life,
liberty, or property without due process of law. Similar clauses are found
in most state constitutions.
Duty-based ethics
Ans: An ethical philosophy rooted in the idea that every person has
certain duties to others, including both humans and the planet. Those
duties may be derived from religious principles or from other
philosophical reasoning.
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