LGS 200 Midterm: LGS 200 Study Guide - Exam 1

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Ch. 1
What is Law?
Law consists of rules that regulate conduct of individuals, businesses and other
organizations within society.
It is intended to protect persons and their property from unwanted interference from
others. The law forbids persons from engaging in certain undesirable activities.
Definition: A body of rules of action or conduct prescribed by the controlling authority,
and having binding legal force.
That which must be obeyed and followed by citizens subject to sanctions or legal
consequences.
What are the 4 main sources of American Law and where do they come from?
Constitutional
o usupreme law of the land
o dual system with Federal and State
o three rahes → legislatie, eeutie, judiial
o power not given to federal gov. goes to state
o state constitutions modeled after Constitution
Statutory/Code Law
o legislature akes las, statute, estalished odut to e folloed
o oere lause→ gies Cogress poer to eat federal statutes regardig
foreign and interstate commerce
o state statutes are placed in code books
Case Law/ Common Law
o bound by state court law and Supreme Court
o the law as established by previous cases
o Comes from English Common Law
Administrative Law
o experts on subject of the law
o SEC, FTC
o effects businesses the most
o job is to enforce and interpret statutes enacted by Congress and state
legislatures
Which source of Law is supreme?
Constitutional Law is supreme
What is stare decisis?
let the deisio stad idea of ase preedee
Ch. 2
Describe how law and ethics differ.
ethics and the law are intertwined with bribery
soeties the lash→ legal alies
ethics are a set of moral values that govern the conduct of an individual or a group
What do utilitarians believe?
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moral theory stating that people must choose the action or follow the rule that provides
the greatest good to society
What do ethical fundamentalists believe?
A theory of ethics which says that a person looks to an outside source for ethical rules or
commands
Describe how corporations use the cost-benefit analysis.
Basig deisios solel o the ost-eefit aalsis a ause egatie outoes for
others.
Example: dumping hazardous waste from a mfg. plant into a river affects homeowners,
farers ad others ho use the rier’s ater.
Social responsibility requires businesses to act with awareness of the consequences of
their decisions and act with some degree of responsibility
Why is the case Citizens United v. Federal Election Commission (2010) so controversial?
Do the challenged federal restrictions on campaign financing and electioneering violate
the free speech rights of Citizens United?
Ch. 3
What does jurisdiction mean?
Determines which court has the right to hear a case
Describe our "dual" judicial system.
Federal court system
Court systems of the 50 states and the District of Columbia
How does one get federal jurisdiction?
Federal questions
o U.S. Constitution
o Treaties
o Federal statutes and regulations
Diversity of citizenship
o Citizens of different states
o At least $75,000 in controversy
Describe the state court system.
State Supreme Court Intermediate Appellate Courts Limited-Jurisdictional Trial
Courts = General Jurisdiction Court
Describe the federal court system.
US Supreme Court US Courts of Appeals Special Federal Courts = US District Courts
What is a federal question case?
A case that has to do with the US Constitution, treaties, or Federal statutes and
regulations
What is a primary difference in federal judges and state court judges?
Federal judges have lifetime appointments, State judges do not
What is the importance of a long-arm statute?
Long-Arm Statute allows state courts to obtain personal jurisdiction over persons or
businesses located in another state
o Allows summons to be served in other states
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