Business Law Questions and Answers

Topic

Business Law Questions and Answers

Instructions

Why do “court decisions” play a prominent role in applying statutes in deciding cases?  Hint-diversity, cases before statutes, ambiguity of the English language, judicial review, reasoning by analogy and interpretation.

  1. Under critical thinking, what is “professionalism”. What are the elements of professionalism? Note GPAA.
  2. In terms of “indirect democracy”, discuss the process by which an “idea” is converted into a code.
  3. In general, discuss the elements of “LAW”.
  4. In general, discuss the various Amendments that apply to “voting enfranchisement” in the US Constitution.
  5. What is “substantive law’? List and explain four forms of substantive laws.
  6. Briefly discuss the functional areas of a business and the appropriate laws for each functional area of business.
  7. Discuss constitutional development from the printing press to Thomas Jefferson.
  8. Discuss the sources of rules and regulations in the global economy.
  9. What is the purpose of Article 1, section 8? Discuss at least four provisions of Article 1, section 8.
  10. What is the function of Article 1, section 9. Discuss at least four provisions of Article 1, section 9.
  11. What is “constitutional law”? What are the basic concepts of the US Constitution.  Note:   Structure, Division, Regulation, Civil Liberties and Balancing Concept.
  12. Discuss the appellate process from a local decision to the Supreme Court.
  13. In terms of the “balancing concept”, briefly discuss the various tests the courts apply in balancing the interest of the public with the exercise of individual rights. CSR
  14. In terms of the “Equal Protection Clause”, discuss the tests used by the courts to determine if an act of government is a form of unreasonable or unreasonable discrimination. SSR
  15. What was the original intent of the “Bill of Rights”? Which provisions of the “Bill of Rights” have not been incorporated into the “Due Process Clause” of the 14th Amendment.
  16. What is “Due Process”? Discuss the key elements of “Due Process”.  Note-ACU
  17. What is “Substantive Due Process”? Discuss the various methods used to challenge an act of government.  IVOCR
  18. What is “Procedural Due Process”. Briefly discuss the steps applicable to Procedural Due Process.  NDHIOCCDWA
  19. What is a “Suspect Classification”? Discuss the elements of a “suspect classification”. IHMIE
  20. Briefly discuss the Amendments of the Bill of Rights.
  21. Discuss the provisions of Section I of the 14th Amendment. CPDE
  22. What is “critical thinking”? Discuss the various steps applied for “critical thinking”.  Note:  SGRAEOP-audience, glaring errors, appearance and review
  23. Discuss the various forms of legal reasoning. DILAT
  24. What is a “legal system”? Discuss the common characteristics of a legal system.
  25. In general, discuss the various types of legal systems around the world. Note:  Distinguish each by source of law.
  26. Discuss the Legal Aspects of the Constitution in terms of structure of government, voting/enfranchisement and civil liberties.
  27. What is “voting/enfranchisement”? Discuss the various amendments associated with “voting/enfranchisement”.

29 .What is the primary source of law in the Common Law Legal System.  Discuss how court decisions came to play a prominent role in the “Common Law Legal System”.

  1. Discuss “FILAC” in terms of briefing a case.
  2. Discuss the differences between the civil and criminal cases. Note:  discuss at least four differences.
  3. What is public law? List and discuss the various types of public law.  CCCARE
  4. Discuss the laws applicable to the Adversarial Litigation Process. SPR
  5. Discuss at least four rights one acquires in various relationships protected by Substantive Law.
  6. Discuss the four types of procedural laws.
  7. What is “civil procedure”? Discuss the process from Pleadings to Appeal.
  8. Discuss the contents of a “complaint”.
  9. Discuss at least three pre-trial written motions to avoid trial.
  10. Discuss the Articles and Amendments that apply to the Executive Branch in the US Constitution.
  11. Discuss civil procedure from pretrial motions to Appeal
  12. What is evidence law? What criteria must be met for evidence to be admissible.
  13. Discuss at least five reasons why relevant, reliable and un-bias evidence is made inadmissible.
  14. What is a “remedy”. Discuss the differences between remedies at law and remedies in equity.
  15. Discuss at least four reasons why the court will apply equitable remedies. Note: UMIRU
  16. What is “content regulation of speech”? Briefly discuss the various forms of “content regulation.
  17. Discuss the differences between law, ethics and morality.
  18. Define “civil liberties”. Discuss the various amendment associated with civil liberties.
  19. Discuss the functions of law in a legal system.
  20. Discuss the Articles and Amendments that apply to Congress in the US Constitution.
  21. Discuss the Articles and Amendments that apply to States in the US Constitution.
  22. Discuss the appropriate laws applicable to top management.
  23. Discuss the appropriate laws applicable to production and transportation.
  24. Discuss the appropriate laws applicable to human resources.
  25. Discuss the appropriate laws applicable to marketing.
  26. Discuss the appropriate laws applicable to accounting and finance.
  27. Discuss the appropriate laws applicable to research and development.
  28. What is “stare decisis”? Discuss the appellate process-note from local to the US Supreme Court.
  29. List the federal appellate districts by circuit and city. Note:  9th San Francisco, 1st Boston.
  30. What is the “balancing concept” under the US Constitution? Discuss the three tests the court will apply in balancing the rights of individuals as per the public interest. SSR
  31. Briefly discuss the elements of traditional legal reasoning. Note:F (I)LRCSP
  32. What is a suspect classification? What are the elements of a suspect classification?  IHMIE
  33. What is the primary purpose of 14th Amendment? Discuss the provisions of  section 1 of the 14th Amendment.  CPDE
  34. Discuss the constitutional provisions that apply to congress.
  35. Discuss the constitutional provisions that apply to the president.
  36. Discuss the constitutional provisions that apply to the states.
  37. Discuss the appellate process from local court decision to the Supreme Court.
  38. List the Federal Courts of Appeal Districts by location.
  39. Briefly discuss the provisions of the First Amendment.
  40. Briefly discuss the Amendments in the Bill of Rights that apply to “criminal procedure”.
  41. What is the Bill of Rights? What was the original intent of the Bill of Rights?  What is “selective incorporation”.

Answer preview

30.  Discuss “FILAC” in terms of briefing a case.

In a case briefing, FILAC refers to the outline embraced in briefing a legal case in a court of law. Acronym stands for “facts, issue, law, analysis, and, conclusion. The conclusion comes when court decides the winner of the case.

  1. Discuss the differences between the civil and criminal cases. Note:  discuss at least four differences.

In criminal cases, jail terms are the potential punishments while in civil cases results in orders not to do something or monetary damages. In addition, criminal cases require higher standards of proof “beyond reasonable doubt” whereas civil cases demand lower standards of proof “preponderance of the evidence” and penalties are less severe. In most cases, criminal cases permit a trial by jury while a judge determines most of civil cases. In criminal cases, the state provides attorneys for defendants who cannot afford to pay an attorney while in civil cases; defendant must provide his or her attorney.

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