BUS 3350 Study Guide Test 1 1 Identify and describe the main ethical schools of thought A Natural Law higher law exists and applies to all Written laws should imitate principles B Positivist Law is supreme will of state applying to the citizens of that nation Not universal C Historical concentrates on origins Derived from legitimacy and authority from standards that withstood test of time D Legal Realism Jurisprudence Law is a result of the written views of judicial decision makers and social economic and contextual influences 2 Define due process and equal protection under the law and identify the source of this law A Any government decision must be fair and cannot take life liberty or property without proper notice and the opportunity to be heard B Also the government must treat similarly situated individuals in the same manner C Fifth and Fourteenth Amendments 3 Describe the relationship between ethics and the law and explain the effect upon conduct Ethical decisions are the application of moral and ethical principles to the marketplace and workplace Upon conduct ethical dilemmas may occur Moral Minimum may be done Sometimes the best decision for the company Is not the best for society 4 5 Ethical conduct is often enforceable by legal means Identify the structure of the court system at the federal and state level and describe the jurisdiction of each of the courts Federal 1 Supreme 2 Court of Appeals 12 regional and 1 federal circuit 3 District Courts trial courts 94 State 1 Superior deals with serious cases 2 Intermediate court of appeals Hears cases from superior courts no new evidence is given and there is no facts considered 3 State Supreme hears cases that question the application of law Identify the Bill of Rights and describe the individual rights addressed in them 12 amendments to U S constitution Ten are the Bill of Rights Embody a series of protection for the individual against various types of interference by the federal government 1st Freedom of Religion Speech and the Press 2nd Bear arms 3rd Prohibits the lodging of soldiers in any house without consent 4th Prohibits unreasonable searches and seizures 5th Protects from convicting oneself You do not have to testify 6th The right to a speedy public trial 7th Right to a trial by jury 8th Prohibits excessive bail and fines 9th People have rights in addition to the constitution 10th That those powers neither delegate to the federal government nor denied to the states are reserved to the states and people 6 Define the Supremacy and Commerce Clauses and know the source of this law A Commerce clause to regulate commerce with foreign nations and among several states and with the Indian tribe a Article 1 Section 8 of the U S constitution B Supremacy Clause the constitution laws and treaties of the united states are the supreme law of the land b Article VI of the U S constitution 7 Describe the test the courts use to determine whether state regulations that affect interstate commerce will be upheld 8 Identify the tests the courts use to determine whether a law is discriminatory i e strict scrutiny etc and describe the process of using those tests on the law A Strict Scrutiny If a law or action prohibits or inhibits some persons from exercising a fundamental right B Intermediate Scrutiny in cases involving discrimination based on gender or discrimination against illegitimate children C Rational Basis In the matters of economic or social welfare a classification will be considered valid if there is any conceivable rational Basis on which the classification might relate to a legitimate government interest 9 Identify the different types of alternative dispute resolution techniques and describe the differences between them A Negotiation Parties attempt to dispute conflict without attorneys B Mini trial a private proceeding which attorneys briefly argue before another party C Mediation A neutral 3rd party acts as a mediator and works towards a resolution D Arbitration 3rd party rendering legally binding decision 10 Identify the functions of the mediator works with both sides in the dispute to facilitate a resolution 11 Identify the number of justices on the U S Supreme Court 9 12 Describe the process of gaining jurisdiction over a defendant under the long arm statute Certain court can exercise personal jurisdiction based on Minimum Contacts activities that took place within their jurisdiction 13 Identify the source of common law Early English Court System 14 Describe the requirements necessary for beginning a lawsuit 1 Party must have standing 2 Party must have a sufficient stake in the controversy or suffered a legal injury 3 There must be justiciable controversy 15 Identify examples of pretrial motions Jury Selection Evidence submission etc 16 Describe the process for obtaining a default judgment A judgment in favor of either party based on some failure to take action by the other party i Most often it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court 17 Explain the term stare decisis Judges are obligated to follow precedents established in their jurisdiction A court should not overturn own precedents unless compelling reason and Higher court decisions are binding on lower courts 18 Explain the requirements for obtaining diversity of citizenship for jurisdictional purposes A Parties are not from the same state B Amount in controversy is greater than 75 000 19 Describe the procedure for adopting an agency rule in order 20 Describe the publications used for publishing information from federal agencies They are publishing in volumes called reporters The United States Code arranges all existing federal laws by broad subject 21 Describe the administrative hearing process An administrative hearing is conducted in basically the same way as a trial at the courthouse with both parties presenting evidence to the Judge The hearing is conducted independently of the agency that requested the hearing and the agency is not allowed to influence the Judge s decision in any way 22 Identify the source of authority for creation of federal administrative agencies and what kind of language must be included for creation 23 Identify the federal statute that allows individuals to gather information from government agencies and describe the process 24 Identify the standards of judicial review for agency decisions