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Law and Business: Understanding Rights, Duties, and Commercial Relationships, Exams of Nursing

Staffordshire UniversityNursing

The significance of law in business, focusing on the concepts of rights, duties, and commercial relationships. It covers various aspects of law, including constitutional law, common law, statutory law, and equity. Students will learn about the relationship between rights and duties, important legal cases, and the role of ethics in business. Additionally, the document discusses the structure of the government and its relationship with the people.

Typology: Exams

2023/2024

Available from 04/12/2024

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Business law test 1| 138 QUESTIONS| WITH
COMPLETE SOLUTIONS
The reason we study law? correct answer: It is the single most significant influence in society
today.
What is the definition of law? correct answer: Law is a body of principles that govern conduct
and can be enforced by courts or administrative agencies.
What is the definition of business law? correct answer: enforceable rules that governs
commercial relationships
What is the significance of law in business? correct answer: -determines good/bad, right/wrong
behavior that govern relationships
-John Lock "no law, no freedom" (to set free)
What are the four sources of law? correct answer: Constitution, Administrative, Statutory,
Common law
What is a right? correct answer: legal capacity to require a person to act or refrain from acting
What is a duty? correct answer: an obligation to act or refrain from acting
What is the relationship between rights and duties? correct answer: they coexist
What are our expressed rights? Where are they found? correct answer: explicitly written rights
found mostly in the Bill of Rights
There are 5 amendments that particularly set forth our person freedom guarantees. Which
amendments and what guarantees does each contain? correct answer: 4th- unreasonable searches
and seizures (must have warrant)
5th-remain silent, due process, double jeopardy, grand jury
6th- criminal procedure (right to attorney, speedy trial, call witnesses)
8th- bails and fines shall not be excessive
14th- equal protection (due process)
Can rights granted in the U.S. Constitution be taken away or restricted by state constitutions or
by statutes? correct answer: No
What are impllied rights? Where do they come from? correct answer: Rights we take for
granted(travel, children, career) they come from Judicial interpretaion
What is the Penumbra Doctrine? correct answer: implied rights
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Business law test 1| 138 QUESTIONS| WITH

COMPLETE SOLUTIONS

The reason we study law? correct answer: It is the single most significant influence in society today. What is the definition of law? correct answer: Law is a body of principles that govern conduct and can be enforced by courts or administrative agencies. What is the definition of business law? correct answer: enforceable rules that governs commercial relationships What is the significance of law in business? correct answer: -determines good/bad, right/wrong behavior that govern relationships -John Lock "no law, no freedom" (to set free) What are the four sources of law? correct answer: Constitution, Administrative, Statutory, Common law What is a right? correct answer: legal capacity to require a person to act or refrain from acting What is a duty? correct answer: an obligation to act or refrain from acting What is the relationship between rights and duties? correct answer: they coexist What are our expressed rights? Where are they found? correct answer: explicitly written rights found mostly in the Bill of Rights There are 5 amendments that particularly set forth our person freedom guarantees. Which amendments and what guarantees does each contain? correct answer: 4th- unreasonable searches and seizures (must have warrant) 5th-remain silent, due process, double jeopardy, grand jury 6th- criminal procedure (right to attorney, speedy trial, call witnesses) 8th- bails and fines shall not be excessive 14th- equal protection (due process) Can rights granted in the U.S. Constitution be taken away or restricted by state constitutions or by statutes? correct answer: No What are impllied rights? Where do they come from? correct answer: Rights we take for granted(travel, children, career) they come from Judicial interpretaion What is the Penumbra Doctrine? correct answer: implied rights

What case did we discuss that has been judicially interpreted to expand our right to privacy? correct answer: Roe vs. Wade (abortion) Privacy is discussed/defineed in two particular ways. What are they correct answer: -protection from unreasonable searches -protection from unwanted and unreasonable What is the one penumbra right we discussed in detail? correct answer: Privacy=protection from unwanted or unreasonable intrusions What is the significance of the US constitution? correct answer: It is the supreme law of the land (provides stable uniformity) What is the result is a federal or state law conflicts with the US constitution? correct answer: find answer What is statutory law? correct answer: federal statutes, state laws, federal statutes, local ordinance (Congress and State) What are administrative regulations? Where do they come from? What is the effect of administrative regulations? correct answer: regulations that are passed by administrative agencies What is common law? correct answer: Judge made laws Where did common law come from? correct answer: England What state doesn't use common law? correct answer: Louisiana Once a decision is rendered by a court is it set in stone or can that common law precedent be changed? What examples did we discuss? correct answer: No it can change. Plessy vs. Ferguson. Separate but equal was changed What is the Doctrine of Stare Decisis? correct answer: "let the decision stand" What is a precedent? correct answer: When a judge make a decision based on a similar previous one? What is substantive law? correct answer: creates and defines rights and obligations What is procedural law? correct answer: how cases proceeds through the legal system What are the origins of law that we discussed? correct answer: English Common Law, French Civil law, Merchant courts

-District Court of Appeals -Supreme Court What are the three levels of courts in the state court system? correct answer: -Trial court -Intermediate court -State Supreme court Which courts are trial courts? correct answer: lower courts f law. What does a trial court do? correct answer: Evidence is presented and decisions rendered (mucicipal justice) What does an appellate court do? correct answer: review other cases (9 elected judges) What are the 3 ways a civivl case gets into federal court? correct answer: 1. Trial Transcript

  1. Attorney's Brief
  2. Oral aguments How does a federal judge get his job? correct answer: every judges is appointed and serves for life How do state court judges get their jobs? correct answer: Judges are elected How does a case come before the US Supreme Court? correct answer: Complaint files for a petition to be heard, read by clerks, interns. Judges vote. What is a Writ of Certitorari? correct answer: summons the case before the supreme court What is the rule of 4? correct answer: four out of the 9 supreme courts judges must vote to hear the case What two threshold questions must be answered before a case can begin? Why is this important? correct answer: -He/She has a stake in outcome of event _Real case or controversy, event has to have happened Who is present in the courtroom for a trial? correct answer: Attorneys, both Parties, Judge, Clerk, Bailiff, Jury, Court Reporter What are the 4 privileged/confidential relationships recognized in law? correct answer: - attorney/client privilege (client can tell anything but attorney can't) -doctor/patient privilege (What are you tell your doctor and the medicals records are secret unless health is an issue in the case, then the privilege is waved) -priest/penitent privilege (What you tell your pastor is privilege info. almost always binding) -husband/wife privilege (privilege belongs to both equally. only when marriage is intact. survives divorce if a criminal act)

What are the three phases of civil litigation? correct answer: pre-trial trial post-trial What happens in the pre-trial phase? correct answer: -pleadings (written documents) -discovery -settlement conference=Attorney's meet with judge What is discovery? correct answer: learn about other sides case. no trial by surprise What are the four methods of discovery we discussed? correct answer: 1. deposition

  1. interrogatories
  2. request for examination
  3. request for production of documents What is a disposition and who can give one? correct answer: Oral testimony under oath outside of courtroom. Parties and witnesses can give them. What are the interrogatories and who can be requires to answer interrogatories? correct answer: Written questions to party members only What is the purpose of the pre-trial conference? correct answer: Attorney;s meet with judge for
  4. settlement 2. narrow the issues What do we call jury selection? correct answer: Voidire-"to speak the truth" Why does the plaintiff go first? What is that? correct answer: bc he has the "Burden of Truth" What are the two kinds of evidence? Define. correct answer: 1. real evidence-eye witness, objets/props
  5. circumstantial evidence-infurred based on the facts and circumstances what is the Doctrine of REs Judicata? correct answer: it has been decide. prevents the re- litigation of the issues. brings finality to jury verdict What are the two ways to enforce a judgement? Define. correct answer: -Writ of Garnishment (money held from payers wages) -Writ of Execution (can seize assets) What is the process called for revolving a dispute outside the courtroom/litigation process? correct answer: Alternative Dispute Resolution What is mediation and what is its greatest weakness? correct answer: A neutral 3rd party makes the judgement, however, the parties cannot always be binded to his decision.
  1. Flexibility and Stability read more in notes What is integrity? correct answer: Standing by your beliefs regardless of cost or consequence What is conflict of interest? correct answer: Anything that interferes with loyalty to employer What are the 6 universal categories used to recognize ethical dilemmas? Name and define. correct answer: 1. Integrity and Truthfulness
  2. Promise keeping
  3. Loyalty
  4. Fairness
  5. Do no harm
  6. Maintaining Confidentiality Most sweeping piece of legislation ever passed? correct answer: The Patriot Act "A reputation, good or bad, is tough to shake" correct answer: Harley Davidson, owner What is the Federal system? correct answer: a central government that has the power to address national concerns while individual states retain the power to handle local concerns What is the constitution? correct answer: written document that establishes the structure of teh government and its relationships with the people. THE SUPREME LAW OF THE LAND What are the 3 branches of government? correct answer: 1. legislative-makes laws
  7. judicial-interprets laws
  8. executive- enforces law How do federal judges get their job? correct answer: appointed by the president, approved by the senate. hold positions for life What are two kinds of powers granted in constitution? correct answer: 1. delegated powers
  9. shared powers What are delegated powers? correct answer: powers given to federal government by state What are shared powers? correct answer: Powers given to federal government by state Preemptions doctrine correct answer: federal law preempts state decisions (federal law trumps state law) Supremacy clause correct answer: constitution overrules everything; federal overrules state Marbury vs. Madison correct answer: established doctrine and if they conflict, laws will be declares unconstitutional

4 limitations on government correct answer: 1. due process

  1. equal protection
  2. privileges and immunity clause
  3. bill of rights (protection of person) Due Process correct answer: (comes for the 5th amendment and is extended in the 14th amendment) notice and opportunity to be heard fundamental fairness Equal Protection correct answer: all persons are granted equal protection or equal treatment under the law unless a substantial reason or a reasonable basis for different treatment (14th amendment) 4th, 5th, 6th, 8th, 14th correct answer: corporations are entitled to protection just like a citizen exception in the 5th amendment-right to remain silent What is an administrative agency? correct answer: deals with particular areas and general policies of the economic sector What is the purpose of Administrative Agencies? correct answer: to regulate business and business activities Why were Administrative Agencies created? correct answer: created to implement and administer legislation and regulation What do we call the body of law created by administrative agency rules and regulations? correct answer: Administrative law Why are administrative agencies referred to as the fourth branch of government? correct answer: bc they are granted the same powers as the constitutional branches of government At what level(s) of government do administrative agencies exist? correct answer: all 3... Legislative, Judicial, Executive What powers of administrative agencies broad or restricted? correct answer: broad What access does the public have to the activities of administrative agencies? correct answer: - open records -Open Business Act -Publication of Agency and Guidelines(daily publications) What is the Freedom of Information Act? correct answer: all records have to be open to the public

-goal is to prevent exploitation in Mexico What is required for a product to be covered by NAFTA? correct answer: products must originate in one of the 3 member nations What is the IMF? correct answer: International Monetary Fund What is the purpose of the IMF? correct answer: Oversees a complex lending system between countries with capital surplus and countries that need international help Is there an international currency? correct answer: no What are the 4 forms of business organizations that we discussed for doing business abroad? correct answer: 1. export sales

  1. agency sale
  2. foreign distributorship
  3. licensing What are counterfeit goods? correct answer: goods that bear an unlawful logo What is comity? correct answer: the laws of each sovereign nation deservers respect what is the Act of State Doctrine? correct answer: United States courts do not second guess the court systems in other countries What is Sovereign Immunity? correct answer: diplomatic immunity What is the Foreign Corrupt Practices Act? correct answer: -prohibits bribery -United States companies and representatives are prohibited from making payments and giving or receiving gifts