Chapter 1 BLAW Flashcards
🏛 1.1 Basic American Legal Principles
Flashcard 1
Q: What are the primary goals of the American legal system?
A: Establish standards, enforce laws, resolve disputes, and promote the common good.
Flashcard 2
Q: What is “black letter” law?
A: Law that focuses strictly on the letter of the law, not how it is applied in practice.
Flashcard 3
Q: Why is knowledge of black letter law alone insufficient for businesses?
A: Because multiple laws can affect a single business transaction.
Flashcard 4
Q: What is precedent in law?
A: A previous court ruling used to guide decisions in similar cases.
Flashcard 5
Q: What is case law?
A: Law based on judicial decisions and precedent, ensuring consistency and fairness.
Flashcard 6
Q: What are the functions of law?
A: Establish standards, promote consistency, maintain order, resolve disputes, and protect rights.
Flashcard 7
Q: What is ADR?
A: Alternative Dispute Resolution – methods like mediation and arbitration to resolve disputes outside court.
📚 1.2 Sources and Types of Law
Flashcard 8
Q: What are the four primary sources of law?
A: Constitutional law, statutory law, administrative law, and case (common) law.
Flashcard 9
Q: What is the U.S. Constitution’s role in law?
A: It is the supreme law of the land and includes the Bill of Rights.
Flashcard 10
Q: What is statutory law?
A: Laws enacted by legislatures, including Congress and state legislatures.
Flashcard 11
Q: What is administrative law?
A: Rules and decisions created by administrative agencies.
Flashcard 12
Q: What is common law?
A: Judge-made law based on precedent and past rulings.
Flashcard 13
Q: What is stare decisis?
A: The legal principle of determining points in litigation according to precedent.
Flashcard 14
Q: What are remedies in equity?
A: Non-monetary solutions such as injunctions or specific performance based on fairness.
Flashcard 15
Q: What is the difference between substantive and procedural law?
A: Substantive law defines rights; procedural law outlines how to enforce those rights.
Flashcard 16
Q: What distinguishes civil law from criminal law?
A: Civil law handles private disputes; criminal law involves offenses against society.
Flashcard 17
Q: What is cyberlaw?
A: Legal principles applied to internet and digital communications.
🇺🇸 Federal vs. State Law
Flashcard 18
Q: What powers does federal law have?
A: Only those granted by the Constitution (e.g., commerce, taxation).
Flashcard 19
Q: Can federal law override state law?
A: Yes, under the Supremacy Clause, federal law can preempt conflicting state law.
Flashcard 20
Q: What are local ordinances?
A: Laws enacted by city or county governments.
💼 1.3 Important Business Laws and Regulations
Flashcard 21
Q: Name some key legal areas affecting business.
A: Contracts, corporate law, IP, real estate, labor law, tax law, etc.
Flashcard 22
Q: What is the Commerce Clause?
A: A constitutional provision giving federal government power to regulate interstate commerce.
Flashcard 23
Q: What is the Dormant Commerce Clause?
A: Doctrine that restricts state regulations that burden interstate commerce.
Flashcard 24
Q: What rights does the First Amendment protect for businesses?
A: Free speech including commercial and political speech.
Flashcard 25
Q: What is symbolic speech?
A: Non-verbal expression like clothing or gestures protected under free speech.
Flashcard 26
Q: What types of speech are not protected by the First Amendment?
A: Defamatory, threatening, obscene, and fighting words.
Flashcard 27
Q: What are the two types of due process?
A: Procedural (fair process) and Substantive (fair laws).
Flashcard 28
Q: What is criminal liability for businesses?
A: Companies can be held responsible for employee crimes.
Flashcard 29
Q: What is a tort?
A: A civil wrong that causes harm and can result in liability.
Flashcard 30
Q: What are common torts in business?
A: Negligence, strict liability, product liability.
Flashcard 31
Q: What is product liability?
A: Legal responsibility for harm caused by defective products.
Flashcard 32
Q: What are the three types of product warranties?
A: Express warranty, Implied Warranty of Merchantability, and Implied Warranty of Fitness.
Flashcard 33
Q: What makes a contract enforceable?
A: Offer, acceptance, and agreed-upon terms (e.g., price, delivery).
Flashcard 34
Q: What is employment & labor law concerned with?
A: Workplace safety, discrimination, immigration, unions, and employment rights.
Flashcard 35
Q: What is antitrust law?
A: Laws to promote fair competition and prevent monopolies.
Flashcard 36
Q: What are key antitrust acts?
A: Sherman Act, Clayton Act, and FTC Act.
Flashcard 37
Q: What are unfair trade practices?
A: Deceptive business practices like false advertising or unsafe products.
Flashcard 38
Q: What agency enforces unfair trade practices?
A: The Federal Trade Commission (FTC).
Flashcard 39
Q: What is securities regulation?
A: Laws governing stock and investment markets, overseen by the SEC.
Q: What are reception statutes in U.S. law?
A: Statutes adopted by most U.S. states (except Louisiana) to incorporate English common law into state law as long as it doesn't conflict with local laws.
Q: What are Restatements of the Law?
A: Authoritative summaries of common law principles (e.g., contracts, torts) compiled by legal scholars; not binding but highly persuasive in court.
Q: What does the Administrative Procedure Act (APA) do?
A: Governs how federal agencies create, adopt, and enforce regulations; ensures regulations are codified in the Code of Federal Regulations (CFR).
Q: What is the Code of Federal Regulations (CFR)?
A: A codified collection of all rules and regulations issued by federal administrative agencies.
Q: What is the difference between remedies at law and remedies in equity?
A:
Remedies at Law: Monetary compensation or property.
Remedies in Equity: Non-monetary relief like injunctions, specific performance—focused on fairness.
Q: What’s the difference between civil law and common law systems?
A:
Civil Law: Based on written codes (e.g., Roman law, Latin America).
Common Law: Based on judicial decisions and precedent (e.g., U.S., U.K.).
Q: What is the difference between national and international law?
A:
National Law: Law of a single country.
International Law: Governs relations between countries (treaties, customs, international agreements).
Q: What is Cyberlaw?
A: A legal field dealing with internet-related issues like e-commerce, data privacy, digital contracts, online free speech, and intellectual property.
Q: What did the Supreme Court rule in South Dakota v. Wayfair Inc.?
A: States can require online retailers to collect sales tax even without physical presence in the state—overruling the physical presence rule.
Q: What was the ruling in Family Winemakers of California v. Jenkins (2010)?
A: The court struck down a Massachusetts law that discriminated against out-of-state wine producers under the Dormant Commerce Clause.
Q: What does the Immigration Reform and Control Act (IRCA) do?
A: Prohibits employers from knowingly hiring undocumented workers; imposes penalties for non-compliance.
Q: What are some enforcement tools the FTC uses in antitrust and unfair trade cases?
A: Consent orders, administrative complaints, litigation, pre-merger filings, and public investigations to ensure compliance with fair competition laws.