BUL 4421

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). Examples of the PURPOSE we fulfill through particular decisions (4): JEFS 1. Freedom 2. Security 3. Justice 4. Efficiency Tests to decide HOW do we make Ethical Business Decisions (3)? PUG 1. Golden Rule 2. Public Disclosure 3. Universalization Test Do unto others as you would have them do unto you. Golden Rule The ethical guidelines that urge us to consider how others would view our actions when making a decision. Pu...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). Jurisdiction "to speak, law." Courts' power to hear cases and render decisions that bind the parties before them. Courts of original jurisdiction (trial courts) Have the power to hear and decide cases when they first enter the legal system. Parties present evidence and call witnesses to testify. For state court systems: Courts of common pleas or county courts. For Federal court systems: district courts. Cour...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). Sufficiency of the writing generally requires • The names of the parties to the contract • The subject matter of the agreement • The consideration given for the contract • All relevant contractual terms • The signature of at least the party against whom enforcement is sought o Land-sale contracts require additional terms such as identifying the land with a degree of specificity (description of the land) Parol evid...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). A negotiation in which each party seeks to maximize its own gain. Adversarial negotiation A negotiation in which the parties seek to achieve joint gain. Problem-solving The disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute. Mediation 1. Alternative dispute resolution by neutral third party outside of judicial setting. 2. Voluntary process in th...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). Mediation continued if the mediation is successful the parties enter into a mediation agreement, if party breaches the mediation agreement the other non-breaching party may seek to enforce settlement. Court- Annexd ADR Programs where courts encourage or mandate use of some of ADR before bringing dispute to trial, most popular court annexed ADR is mediation. 10th amendment of U.S. Constitution states all powers neither given ...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). Contract A promise or set of legally enforceable promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty. Agreement: consists of an offer by one party, called the offeror, to enter into a contract and an acceptance of the terms of the offer by the party called the offeree Consideration the bargained- for exchange or what each party gets in exchange for his or ...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). Types of Conditions (3): 1. Condition precedent 2. Conditions subsequent 3. Conditions concurrent Condition precedent The party's duty to perform arises after a particular event occurs Under conditional precedent, If the event never occurs, the party's duty to perform never arises and the parties are thus discharged from the contract. Conditions subsequent The party has a duty to perform until a future event occurs...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). court order that authorizes law enforcement agents to search for and seize items specifically described in the warrant. Search Warrant Any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a personal or property search, or obtain a warrant. probable cause Warrants are usually _________. vague 1. Protects against self-incrimination (do not have to testify against one self). 2. Prot...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). When both state and federal courts have jurisdiction over a case. Concurrent Federal Jurisdiction Types of Jurisdiction (3): SMJ, IRJ, QiRJ 1. Subject Matter Jurisdiction 2. In Rem Jurisdiction 3. Quasi in Rem Jurisdiction A court's power to only hear certain kinds of cases (i.e. criminal, probate, bankruptcy, etc.) Subject Matter Jurisdiction Jurisdiction over a property or status of an out-of-state defendant located ...

BUL 4421 QUESTIONS AND ANSWERS LATEST UPDATE (ALREADY GRADED A+). a large construction company has purchased a piece of property and a small suburban community that values historic preservation. The piece of property contains buildings that have significant historic value to the town, however, the law does not provide any protection that requires perservation of the buildings. A socially responsible Construction Company would probably work with the community leaders to find a compromise for us...