Procedural law establishes rights and privileges

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Reference no: EM13221941

1. When the issue in a case no longer exists or has become pointless, that issue is considered moot.
2. In a minitrial, a circuit court judge hears a shortened presentation of the case by the lawyers for each side.
3. Profit maximization focuses exclusively on making a decision that maximizes profits for the manager and/or the organization.
4. The case of U.S. v. Park stands for the idea that corporate agents have a duty to not only seek out and remedy violations of the law, but to implement measures ensuring that violations will not occur.
5. In diversity cases, a defendant may petition to remove the dispute to federal court.
6. Procedural law establishes rights and privileges.
7. Violation of civil laws can lead to being punished by imprisonment.
8. A party who is dissatisfied with the decision of a lower court can always take the case all the way to the U.S. Supreme Court.
9. The "dormant" Commerce Clause requires that any state law regulating interstate commerce must further a legitimate state interest.
10. Even if a jury unanimously finds a defendant guilty, the judge can find in the defendant's favor by granting a motion for a judgment notwithstanding the verdict.
11. There is no guaranty that the values of "ethical" shareholders would be representative of society as a whole.
12. Substantive due process means that the government must accomplish its objectives only by the use of fair procedures, such as reasonable notice and the right to a hearing before an impartial tribunal.
13. International trade arbitration agreements are enforced through multilateral treaties.
14. According to the utilitarians, an action that hurts a small minority while benefiting the large majority is morally wrong.
15. Market forces serve as a sufficient control on corporate behavior because the market always reveals social and environmental harm.
16. Corporate bad news has a tendency to always reach top managers.
17. The doctrine that says a court, in making a decision, must follow precedents of prior cases is called the ex post facto rule.
18. Corporations sometimes consciously choose to break the law because the criminal penalties are low and/or the risk of detection and prosecution is low.
19. According to the Fifth and Fourteenth Amendments, the government can take real and personal property without compensating private property owners.
20. Due process requirements do not apply to the acts of administrative agencies.
21. Civil law arises when courts are called upon to resolve disputes for which there is no statute or other sources of law to establish rules.
22. The adversarial system is based on the idea that truth will emerge through a courtroom "battle of words" between two lawyers.
23. The utilitarian philosophy is based on the laissez faire theory of capitalism.
24. The difference principle holds that social inequalities are acceptable only if they cannot be eliminated without making the worst-off class even worse off.
25. When a statute has been interpreted by a government agency, the courts usually defer to that interpretation if it seems reasonable.
26. Venue is the authority of a court to hear and determine disputes.
27. The losing party in arbitration cannot appeal the arbitrator's decision to a regular court on the basis that the decision was unwise.
28. Under the notion of federalism, the United States is composed of 51 different legal systems.

Reference no: EM13221941

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