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BUL 5810 MIDTERM EXAM
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BUL 5810 MIDTERM EXAM...
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BUL 5810 MIDTERM EXAMSupreme Law of the Land - ANSWER The Constitution
Sources of Federal Law - ANSWER US/state constitutions, federal/state statutes,
common law, case law, and administrative law
Expansion of Administrative Rules and Regulations - ANSWER Legislative Rules:
substantive rules issued by an administrative agency under the authority delegated
to it by the legislature
Interpretative Rules: statements issued by an administrative agency indicating how
it construes a certain statute
Procedural Rules: issued by the agency to establish its method of operation and
rules of conduct
Moral Responsibility of Corporations - ANSWER Because a corporation is a
statutorily created entity, it is not clear whether it should be held morally
responsible as an individual would
Utilitarianism - ANSWER The idea that the goal of society should be "the greatest
happiness for the greatest number" of its citizens. More specifically:
Act util.: Assess each separate act according to whether it maximizes pleasure over
pain.
Rule util.: Support rules that, on balance, produce the greatest pleasure for society.
Deontology - ANSWER Actions must be judged by their motives and means as
well as their results
Ethical Relativism - ANSWER Actions must be judged by what individuals
subjectively feel is right or wrong for themselves; both parties to a disagreement
regarding a moral question are correct because morality is relative
Immanuel Kant - ANSWER For an act to be moral, it must (1) possess the potential
to become a consistently applied law and (2) must respect human beings without
treating them as simply a means to an end
, Legality vs. Ethical - ANSWER Legal standards are based on written law, while
ethical standards are based on human rights and wrongs. Legal standards are
written by gov't officials, while ethical standards are written by societal norms
Business Ethics - ANSWER What is good or moral in business transactions;
regulated by (1) competition (2) self-regulation (3) gov't regulation
ADR (Alternative Dispute Resolution) - ANSWER Arbitration: Disputants select
neutral third party to make binding decision
Mediation: Neutral third party, but no definitive decision
Negotiation: Resolution without use of other parties
Jurisdiction - ANSWER The official power to make legal decisions and judgments.
In Personam Jurisdiction - ANSWER Court jurisdiction over the "person" involved
in a legal action; personal jurisdiction.
Subject Matter Jurisdiction - ANSWER The power of a court to hear a particular
type of case
Reverse/Remand/Affirm - ANSWER A court of appeals hears cases that have first
appeared in a state or federal trial court. All three terms are decisions made by
reviewing courts of appeals. Remand = sending a case down to a lower court with a
command on how to act upon it
Confirmation of Supreme Court Justices - ANSWER Nominated by President ->
Recommended by 50% or more of Sen. Judiciary Committee -> Confirmed by
majority of Senate, with VP as tiebreaker
Commerce Clause - ANSWER The clause in the Constitution (Article I, Section 8,
Clause 1) that gives Congress the power to regulate all business activities that cross
state lines or affect more than one state or other nations.
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