Solutions manual legal environment of business online commerce ethics and global issues 8th edition henry r cheeseman

Solutions Manual Legal Environment of Business: Online Commerce, Ethics, and Global Issues 8th Edition Henry R Cheeseman Chapter Courts, Jurisdiction, and Administrative Law See you in Court! I Teacher to Teacher Dialogues Twenty-first century technological advances have provided our students with all kinds of instant access to information These devices have provided students with a variety of preconceptions Among these, is the average undergraduate’s notion of how trials are conducted and the role of attorneys in that process Invariably these perceptions center on popular television series such as Law and Order and Court TV This is not all bad Current media focus on numerous law-related issues has generated a whole new wave of public interest in the workings of our legal system The downside is that the media has created many myths on the folklore of law and lawyers In the world of pop culture, no one knows until the end who really did it until a surprise witness shows up to identify the bad guy In more modern versions, the attorney first has a business relationship with the client and then proceeds to get him or her acquitted Regardless of the outcome, the process is always full of glamour and intrigue The problem is that a trial rarely resembles the goings on found in the entertainment media Trials are long, tedious, emotionally and financially draining processes for all parties concerned In many ways, a trial represents a failure by the parties to reach some sort of satisfactory solution of the issue beforehand Rarely the parties actually want to go through a labyrinth of pleadings, motions, and the like, feeling all the while totally dependent on the sometimes questionable competence of their attorneys Unlike the make-believe world of entertainment, the job of an attorney is to keep his or her client out of court (This often needs some reinforcement with the student.) The attorney’s professional advice should anticipate and resolve potential legal problems before, rather than after the fact if at all possible 16 Courts, Jurisdiction, and Administrative Law It is against this backdrop that we should try to present a more realistic picture of how our system works We can basically start by discussing how few controversies actually get to the trial stage and how even fewer of those are actually reported in the National Reporter System Additionally, a fair amount of time should be spent reviewing the growing trend towards alternative dispute resolution (ADR) Personal experience examples might be helpful in illustrating the growing trends towards ADR To complete the cycle we can then proceed to itemize the key steps used in a court trial Anyone who has dealt with a large governmental bureaucracy can readily appreciate the frustrations of trying to get through the maze with sanity intact The government’s burgeoning growth of administrative agencies at every level is indeed cause for concern for its constituents According to statistics published by the U.S Congress, the federal government alone has approximately 2.8 million civilian employees working as of 2012 In spite of constant calls to reduce the size of government’s role in the average person’s affairs, that role has grown tremendously as reflected in these statistics The media headlines may be focused on the goings on in the capitol, but the real functions of government are carried out “in the trenches” by this “fourth branch of government” every day This chapter seeks to outline the basic ground rules about how the agencies are created, how they are authorized to act, and what controls have been put in place so as to protect the rights of both citizens and the government The basic function undertaken by these administrative agencies is to carry out the ministerial functions necessary to the operation of the government These functions are first authorized by what are called organic statutes, which create the agency, and enabling statutes, which delegate certain powers to the agency to act for the executive, legislative, or judicial branches of government It is interesting to note at the outset that the “clean functional lines” of the executive, legislative, and judicial branches can and often become quickly blurred when examining the breadth and scope of administrative agency activities Once the existence of the agency is settled upon and its scope of authority is established, you must then look to see if it is acting within the scope vis-à-vis the particular issue at hand Remember the basic assumption here is that the executive branch, legislative branch, or judicial branch has chosen to designate and delegate a certain portion of its authority to act This delegation is based on the presumption that the agency can be expected to have certain levels of expertise, scales of economy, and attention to detail which could not be readily expected of the policy makers The next step is to see if the power in question was in fact truly delegated, and if so, is it being properly exercised by the agency? The mechanisms for control of agency powers are relatively sparse given the scope of agency activity The key provisions for control of agency powers are found in the executive branch chain of command and in the overview powers vested in the judiciary In addition, there have been a number of specific information access type statutes such as the Freedom of Information Act, Government in the Sunshine Act, and the Administrative Procedure Act to help persons dealing with these agencies to get through the labyrinth II Chapter Objectives Describe state court systems Describe the federal court system List and describe the types of decisions that are issued by the U.S Supreme Court Compare the jurisdiction of state courts with that of federal courts Describe administrative agencies and the main features of administrative law III Key Question Checklist  If the dispute or controversy needs to be resolved in a court of law, which court has jurisdiction?  Once jurisdiction is established, was the proper sequence of pretrial steps taken? 17 Chapter      Was the trial sequence properly followed? After the trial is completed, are any appeals from the decision applicable? Define administrative law List and explain the functions of administrative agencies Describe the provisions of the Administrative Procedure Act IV Chapter Outline The chapter discusses the federal court system, state court systems, jurisdiction of courts, and administrative agencies Introduction to Courts, Jurisdiction, and Administrative Law There are two major court systems in the U.S., the federal court system and the court systems of the 50 states and the District of Columbia Each of these systems has jurisdiction to hear different types of lawsuits State Court Systems  Limited-Jurisdiction Trial Courts  General-Jurisdiction Trial Courts  Intermediate Appellate Courts  Highest State Court Limited-Jurisdiction Trial Courts – Hear matters of a specialized nature  Traffic courts  Juvenile courts  Justice-of-the-peace courts  Probate courts  Family law courts  Courts that hear misdemeanor criminal law cases General-Jurisdiction Trial Courts – Hear cases of a general nature that are not within the jurisdiction of limited jurisdiction courts  Testimony and evidence at trial are recorded and stored for future reference Intermediate Appellate Courts – Intermediate courts that hear appeals from trial courts  Review the trial court record to determine if there have been any errors at trial that would require reversal or modification of the decision Highest State Court – Hears appeals from intermediate state courts Business Environment: Delaware Courts Specialize in Business Disputes Delaware has created a special Chancery Court to decide business litigation, with a reputation for handling corporate matters Delaware’s laws also tend to favor corporate management, so together with the Chancery Court, the state has created an environment that encourages incorporation in that state Other states are beginning to follow suit and create their own variation of Delaware’s Chancery Court Federal Court System  Special federal courts  U.S district courts  U.S courts of appeals  U.S Supreme Court 18 Courts, Jurisdiction, and Administrative Law Special Federal Courts – Federal courts that hear matters of specialized or limited jurisdiction  They include:  U.S Tax Court  U.S Court of Federal Claims  U.S Court of International Trade  U.S Bankruptcy Court  U.S Court of Appeals for the Armed Forces  U.S Court of Appeals for Veterans Claims Contemporary Environment: Foreign Intelligence Surveillance Court In 1978, Congress created the Foreign Intelligence Surveillance (FISA) Court, which is located in Washington DC The FISA Court hears requests by federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI) and National Security Agency (NSA), for warrants, called FISA warrants, to conduct physical searches and electronic surveillance of Americans or foreigners in the United States who are deemed a threat to national security U.S District Courts – The federal court system’s trial courts of general jurisdiction  Most federal cases originate in federal district court  They are empowered to:  Impanel juries  Receive evidence  Hear testimony  Decide cases U.S Courts of Appeals – The federal court system’s intermediate appellate courts  These courts hear appeals from the district courts located in their circuit  These courts review the record of the lower court or administrative agency proceedings to determine if there has been any error that would warrant reversal or modification of the lower court decision  No new evidence or testimony is heard Supreme Court of the United States The Supreme Court is composed of nine justices who are nominated by the president and confirmed by the Senate The president appoints one as the chief justice who is responsible for the administration of the Court, while the other eight are considered associate justices Contemporary Environment: Process of Choosing a U.S Supreme Court Justice The president appoints Supreme Court justices, with the advice and consent of the Senate (majority vote) This allows a form of balance of power between the executive and legislative branches of the government Jurisdiction of the U.S Supreme Court – The Supreme Court hears appeals from the federal district courts and from the highest state courts Legal briefs are filed, oral arguments are made, lower court records are reviewed, but neither new evidence nor testimony is heard The Supreme Court decision is final Decisions of the U.S Supreme Court – Congress has established the rules for the mandatory appellate review by the Supreme Court, which may also elect to hear cases at its discretion Petitioners file a petition for certiorari asking for the Supreme Court to review their case If the 19 Chapter court decides to consider the matter, it issues a writ of certiorari The court hears about 100 cases each year The U.S Supreme Court can issue several types of decisions:  Unanimous decision – In this case, all of the justices voting agree as to both the outcome and the reasoning Such a decision becomes precedent  Majority decision – A decision by the Supreme Court is considered a majority decision if a majority of the justices agree on the outcome and reasoning This decision becomes precedent  Plurality decision – A plurality decision is when the majority of the justices agree on the outcome, but not the reasoning This settles the case, but does not serve as precedent  Tie decision – In this case the winner in the lower court prevails This does not serve as precedent Concurring opinion – When a justice agrees with the outcome of the majority, but not the reasoning, the justice will issue a concurring opinion explaining his or her stand Dissenting opinion – Any justice who does not agree with the decision may state his or her opinion Contemporary Environment: “I’ll Take You to the U.S Supreme Court!” This discusses the process necessary to win a review by the U.S Supreme Court Having a case heard by the nation’s highest court is rare Each year, approximately 10,000 petitioners ask the Supreme Court to hear their cases, while fewer than 100 of these cases are accepted for full review in a particular term Jurisdiction of Federal Courts Federal Question – Federal courts have limited jurisdiction to hear cases involving federal questions with no dollar amount limit Diversity of Citizenship – The federal courts have jurisdiction to hear cases involving diversity of citizenship There must be diversity of state citizenship or the cases must be between a citizen and a subject of a foreign country The amount in controversy must be over $75,000 Jurisdiction of State Courts – State courts hear cases that the federal courts not have the jurisdiction to hear Federal courts may have concurrent jurisdiction with state courts to hear cases involving diversity of citizenship Standing to Sue, Jurisdiction, and Venue Standing to Sue – The plaintiff must have a stake in the outcome of the lawsuit In Personam Jurisdiction – In personam jurisdiction over the person is achieved by the plaintiff filing a lawsuit with a court and by serving a summons on the defendant If personal service is unavailable, notice of the case by mail or publication in newspapers is allowed Defendants disputing the jurisdiction of a court may make a special appearance to argue their case, and cannot be served while making this appearance Federal Court Case 20 Courts, Jurisdiction, and Administrative Law Case 3.1 Service of Process: Chanel, Inc v Zhixian Facts: Chanel, Inc manufactures and distributes globally various luxury goods, including handbags and wallets The company’s products are protected by the federally-registered trademark “Chanel” and monogram marks Its principal place of business is New York City Chanel filed a lawsuit in U.S district court against defendant Liu Zhixian, a resident of China, doing business through various websites Chanel alleges trademark infringement by the defendant Having been unsuccessful in locating the defendant in China for service of process because the defendant used false, incomplete, and invalid addresses and phone numbers, Chanel moved for the court to authorize service of process by e-mail Issue: Should the court grant plaintiff Chanel authority to serve the defendant by e-mail? Decision: The U.S district court granted plaintiff Chanel’s motion for alternative services of process on the defendant Reason: The U.S district court reasoned that under the circumstances, service of process by e-mail satisfied due process requirements Ethics Questions: It is not ethical for a person to infringe on the trademarks of others Trademarks are, after all, property Intellectual property has value, and its owner should be able to enjoy its use and profitability Long-Arm Statute –A court can obtain jurisdiction over persons and businesses located in another state through use of a long-arm statute, provided the defendant has had some minimum contact with the state Landmark U.S Supreme Court Case Minimum Contacts: International Shoe Company v State of Washington International Shoe had salespeople who sold shoes door-to-door within the state of Washington, and were paid on a commission basis They had no office in the state Washington State determined that they had failed to pay unemployment taxes on International’s employees, and served notice to the organization on one of their Washington sales representatives, as well as by mailing the notice to the company’s headquarters in St Louis, Missouri International made a special appearance to argue that it had insufficient contacts within the state to warrant payment of the tax The unemployment office and appeals board, as well as various courts within the state, ruled against International International appealed to the U.S Supreme Court The Supreme Court ruled that International had neither casual nor irregular contacts within the state, and was, therefore, subject to in personam jurisdiction and service upon one of their agents, based on their “minimum contacts” within the state The Supreme Court clearly stated that the Due Process Clause permits jurisdiction over a defendant in any state in which the defendant has “certain minimum contacts such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” Federal Court Case Case 3.2 Long-Arm Statute: MacDermid, Inc v Deiter Facts: MacDermid, Inc is a chemical company with its principal place of business in Waterbury, Connecticut Jackie Deiter, a Canadian citizen, was employed by Macdermid’s Canadian subsidiary in Canada MacDermid stores proprietary data on computer servers in Waterbury, Connecticut, and Deiter had access to those servers Despite the fact that Dieter had signed an employment contract agreeing not to misuse or misappropriate MacDermid’s proprietary electronic data, she did so prior to her termination of employment MacDermid sued Deiter in U.S district court in Connecticut, asserting long-arm jurisdiction and diversity of citizenship Deiter subsequently filed a motion to dismiss the lawsuit, claiming the court did not have jurisdiction over her because she lived in Canada and committed the alleged illegal acts in Canada The district court granted Deiter’s motion and dismissed the case for lack of personal jurisdiction MacDermid appealed Issue: Does the U.S district court in Connecticut have personal jurisdiction over Deiter? 21 Chapter Decision: The U.S court of appeals held that the U.S district court in Connecticut had personal jurisdiction over Deiter and allowed the case to go to trial in Connecticut Reason: The court reasoned that Deiter knew the proprietary information was stored on MacDermid’s servers in Connecticut Further, MacDermid was a Connecticut corporation Accordingly, the court concluded that jurisdiction in U.S district court in Connecticut was appropriate Ethics Questions: The defendant did not act appropriately in this case, and it was fair to require the defendant to defend herself in court in Connecticut In Rem Jurisdiction – Courts may have jurisdiction over property found within the state, based on in rem (over the thing) jurisdiction Quasi In Rem Jurisdiction – Attachment jurisdiction occurs when a plaintiff who has obtained a judgment attempts to satisfy the judgment by attaching property located in another state Venue – The court with the jurisdiction that is located closest to where the incident occurred or where the parties live should hear the lawsuit Pretrial publicity may prejudice jurors and may lead to a request for a change of venue in order to get a more impartial jury Forum shopping is the process of looking for a more favorable court without a valid reason, and is frowned upon by most courts Forum-Selection and Choice-of-Law Clauses – Because many business agreements are formed between people from different states and different countries, many contracts have clauses that specifically address the state’s or country’s laws that will be applied in case of a dispute, in what are known as choice-of-law clauses Additionally, through a forum-selection clause, the parties agree which court will have jurisdiction over a dispute if one should arise in their course of dealings Federal Court Case 3.3 Forum Selection Clause: Fteja v Facebook, Inc Facts: Facebook, Inc is a Delaware corporation with its principal place of business in Palo Alto, California During the Facebook sign-up process, a user is required to indicate that he or she agrees to Facebook’s Terms of Service The Terms of Service agreement contains a forum-selection clause stipulating that any questions between Facebook and the user will be brought exclusively in a state or federal court located in Santa Clara County, California Mustafa Fteja, a resident of Staten Island, New York, was an active user of Facebook.com In order to create a Facebook account, Fteja consented to the Terms of Service agreement Fteja alleged that Facebook terminated his account for discriminatory reasons He sued Facebook in New York state court Facebook moved to transfer the case to U.S district court for the northern district of California pursuant to the forum-selection clause Issue: Is the forum-selection clause in the Facebook agreement enforceable? Decision: The U.S district court for the southern district of New York enforced the forum-selection clause of Facebook’s terms of service and transferred Fteja’s case against Facebook to the U.S district court for the northern district of California Reason: The court concluded that Fteja consented to the terms of use and therefore to the forumselection clause Fjeta agreed to litigate all disputes regarding his Facebook account exclusively in a state or federal court located in Santa Clara County, California Ethics Questions: While it is legal for Facebook to contractually require its users to litigate against the company only in Santa Clara County, California, some may question the ethics of such a requirement Nevertheless, Facebook users are charged with the responsibility of reading the terms of service Facebook membership is a choice the user voluntarily and willingly makes 22 Courts, Jurisdiction, and Administrative Law Jurisdiction in Cyberspace Today, with the advent of the Internet and the ability of persons and businesses to reach millions of people in other states electronically, particularly through websites, modern issues arise as to whether courts have jurisdiction in cyberspace Zippo Manufacturing Company v Zippo Dot Com, Inc is an important case that established a test for determining when a court has jurisdiction over the owner or operator of an interactive, semi-interactive, or passive website Administrative Law Administrative law is a combination of substantive law and procedural law Administrative Agencies – Federal administrative agencies are created by either Congress or the executive branch, and have broad regulatory powers State administrative agencies have a profound effect on business State administrative agencies are empowered to enforce state statutes They have the power to adopt rules and regulations to interpret the statutes they are empowered to administer Local governments such as cities, municipalities, and counties create local administrative agencies to administer local regulatory law Cabinet-Level Departments – These are federal departments that advise the president and are responsible for enforcing specific administrative statutes enacted by the U.S Congress Powers of Administrative Agencies – The delegation doctrine states that an administrative agency can be delegated powers to act in the stead of the legislative, executive, or judicial branches Acts outside their assigned scope have been declared unconstitutional  Rule-making – Statutes have given administrative agencies the power to issue substantive rules, provided that they follow the procedures established by the APA They can also issue rules that interpret existing statutes, as well as statements of policy explaining their proposed courses of action  Judicial authority – Administrative agencies often have the power to adjudicate issues through administrative procedures, provided the procedural Due Process Clause of the federal and state governments is followed  Executive power – Administrative agencies are usually granted powers of investigation and prosecution of violations of statutes and administrative rules and orders They are also granted subpoena power in order to acquire the necessary information  Licensing – In order to enter into certain types of industries, statutes often require licenses be acquired from administrative agencies Landmark Law: Administrative Procedure Act The Administrative Procedure Act (APA) enacted by the U.S Congress in 1946, establishes procedures federal administrative agencies must follow in conducting their affairs The APA establishes notice requirements of actions a federal agency plans on taking It requires hearings to be held in most cases, and requires certain procedural safeguards and protocols to be followed at these proceedings Administrative Law Judge – Administrative proceedings employ an employee of the agency, an ALJ, as the sole determiner in each case They issue an order stating the reason for their decisions, which become final if not appealed Global Law: Judicial System of Japan Comparatively speaking, there are much fewer lawyers and lawsuits in Japan than in the United States Culturally, Japan believes that confrontation should be avoided In Japan, clients must 23 Chapter usually pay a large, up-front fee (rather than a contingency fee) for lawyers to represent them, and plaintiffs must pay a court filing fee based on the amount claimed (rather than a flat fee) V Key Terms and Concepts  Administrative agencies—Agencies that the legislative and executive branches of federal and state governments establish  Administrative law—Law that governments enact to regulate industries, businesses, and professionals  Administrative law judge (ALJ)—A judge, presiding over administrative proceedings, who decides questions of law and fact concerning the case  Administrative order—An ALJ’s decision is issued in the form of an administrative order The order must state the reasons for the ALJ’s decision The order becomes final if it is not appealed  Administrative Procedure Act (APA)—An act that establishes certain administrative procedures that federal administrative agencies must follow in conducting their affairs  Administrative subpoena—An order that directs the subject of the subpoena to disclose the requested information  Article III of the U.S Constitution— It provides that the federal government’s judicial power is vested in one “Supreme Court.” This court is the U.S Supreme Court  Associate Justices of the U.S Supreme Court—The eight other justices apart from the Chief Justice of the U.S Supreme Court  Cabinet-level federal departments—Federal departments that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress  Change of venue—In certain circumstances, when pretrial publicity may prejudice jurors, a change of venue may be requested so that a more impartial jury can be found  Chief Justice of the U.S Supreme Court—Appointed by the president and responsible for administration of the U.S Supreme Court  Choice-of-law clause— A contract provision that designates a certain state’s law or country’s law that will be applied in any dispute concerning nonperformance of the contract  Circuit—The geographical area served by each U.S court of appeals  Concurrent jurisdiction—Jurisdiction shared by two or more courts  Concurring opinion—An opinion that can be issued by a justice of the Supreme Court who agrees with the outcome of a case but not the reason proffered by the other justices  Delaware Court of Chancery—A special court which decides cases involving corporate governance, fiduciary duties of corporate officers and directors, mergers and acquisitions, and other business issues  Dissenting opinion—An opinion which sets forth the reason why a justice of the Supreme Court does not agree with a decision  District—The geographical area served by a U.S district court  District of Columbia—Washington DC  Diversity of citizenship—A case between (1) citizens of different states and (2) a citizen of a state and a citizen or subject of a foreign country  En banc review—A review that can be requested by a petitioner in the U.S court of appeals after a decision is rendered by a three-judge panel  Exclusive jurisdiction—Jurisdiction held by only one court  Executive power—Administrative agencies are usually granted executive powers, such as the power to investigate and prosecute possible violations of statutes and rules This often 24 Courts, Jurisdiction, and Administrative Law                      includes the power to issue an administrative subpoena to a business or person to obtain information Federal administrative agencies—Agencies created by the federal government to enforce federal regulatory statutes Examples include the Food and Drug Administration (FDA), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC) Federal question case—A case arising under the U.S Constitution, treaties, and federal statutes and regulations FISA warrant—Empowers a federal administrative agency, such as the Federal Bureau of Investigation (FBI) or the National Security Agency (NSA), to conduct physical searches and electronic surveillance of Americans or foreigners in the United States who are deemed a threat to national security Forum-selection clause (choice of forum clause)—Contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract Forum shopping—Looking for a favorable court without a valid reason Full Faith and Credit Clause—A clause of the U.S Constitution under which a judgment of a court of one state must be given “full faith and credit” by the courts of another state General-jurisdiction trial court (court of record)—A court that hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts Testimony and evidence at trial are recorded and stored for future reference Highest state court—The highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts In personam jurisdiction—Jurisdiction over the parties to a lawsuit In rem jurisdiction—Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit Intermediate appellate court (appellate court or court of appeals)—An intermediate court that hears appeals from trial courts International Shoe Company v State of Washington— A landmark U.S Supreme Court case that established the minimum contacts standard Judicial authority—Authority of an administrative agency to adjudicate cases in an administrative proceeding Judicial review—Where an enabling statute does not provide for review, the APA authorizes judicial review of federal administrative agency actions License—Many administrative agencies are empowered to issue a license before a person can engage in certain professions or businesses For example, the Office of the Comptroller of the Currency (OCC), a federal government agency, issues charters for national banks Limited-jurisdiction trial court (inferior trial court)—A court that hears matters of a specialized or limited nature Local administrative agencies—Agencies created by cities, municipalities, and counties to administer local regulatory law Long-arm statute—A statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state Majority decision—A decision of the U.S Supreme Court where a majority of the justices agree as to the outcome and reasoning used to decide a case Minimum contact— A nonresident defendant in a civil lawsuit must have had some minimum contact with the state such that the maintenance of that lawsuit in that state does not offend traditional notions of fair play and substantial justice Petition for certiorari—A petition asking the Supreme Court to hear one’s case 25 Chapter                        Plurality decision—A decision of the U.S Supreme Court where a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome Procedural administrative law—Establishes the procedures that must be followed by an administrative agency while enforcing substantive laws Quasi in rem jurisdiction (attachment jurisdiction)—Jurisdiction allowed a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state Rule of four— The votes of four justices are necessary to grant an appeal and schedule an oral argument before the Supreme Court Rules and regulations—Adopted by administrative agencies to interpret the statutes that they are authorized to enforce Service of process—A summons is served on the defendant to obtain personal jurisdiction over him or her Small claims court—A court that hears civil cases involving small dollar amounts Special federal courts—Federal courts that hear matters of specialized or limited jurisdiction Standing to sue—The plaintiff must have some stake in the outcome of the lawsuit State administrative agencies—Administrative agencies that states create to enforce and interpret state law State courts—A separate court system that is present in each state, Washington, DC and each territory of the United States It includes limited-jurisdiction trial courts, generaljurisdiction trial courts, intermediate appellate courts, and a supreme court State supreme court—The highest court in a state court system; it hears appeals from intermediate state courts and certain trail courts Substantive administrative law—Substantive administrative law is law that an administrative agency enforces—federal statutes enacted by Congress or state statutes enacted by state legislatures Substantive rules—Rules issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere Supreme Court of the United States (U.S Supreme Court)— The highest court in the land located in Washington, DC Tie decision—A Supreme court decision where the number of votes cast by the justices leads to a tie and the decision of the lower court is affirmed It occurs when all nine judges are not present Unanimous decision— A Supreme court decision where all the justices voting agree as to the outcome and reasoning used to decide a case U.S Bankruptcy Court—Special federal court that hears cases involving federal bankruptcy laws U.S Court of Appeals—The federal court system’s intermediate appellate court U.S Court of Appeals for the Armed Forces—Special federal court that exercises appellate jurisdiction over members of the armed services U.S Court of Appeals for the Federal Circuit—A U.S Court of Appeals in Washington, D.C that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade U.S Court of Appeals for Veterans Claims—Special federal court that exercises jurisdiction over decisions of the Department of Veterans Affairs U.S Court of Federal Claims—Special federal court that hears cases brought against the United States 26 Courts, Jurisdiction, and Administrative Law          U.S Court of International Trade—Special federal court that handles cases that involve tariffs and international trade disputes U.S district courts—The federal court system’s trial courts of general jurisdiction U.S District of Columbia Circuit—The 12th circuit court, located in Washington, DC U.S Foreign Intelligence Surveillance Court of Review (FISCR)—An appellate court that reviews an appeal by a federal law enforcement agency when it is denied a FISA warrant U.S Foreign Intelligence Surveillance (FISA) Court—A court located in Washington, DC that hears requests by federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA), for FISA warrants U.S Tax Court—Special federal court that hears cases that involve federal tax laws Venue—A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside Writ of certiorari—An official notice that the Supreme Court will review one’s case Zippo Manufacturing Company v Zippo Dot Com, Inc.—An important case that established a test for determining when a court has jurisdiction over the owner or operator of an interactive, semi-interactive, or passive website More download links: Legal Environment of Business: Online Commerce, Ethics, and Global Issues 8th Edition solutions the legal environment of business 8th edition test bank the legal environment of business and online commerce 8th edition pdf legal environment of business: online commerce, ethics, and global issues (8th 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