Business 201 Business Law Exam 1 Review – Flashcards
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administrative agency
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An official government agency, created by congress, the constitution, etc. Established to carry out a specific function--handle crises, oversee a legislative act, etc.
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Defendant's response to the complaint
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arbitrator
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A neutral third party who has the power to impose a binding decision on two sides
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assault
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An intentional act that causes the plaintiff to fear imminent battery
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assumption of the risk
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Assumption that a person who enters an obviously dangerous situation won't complain if they're injured
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battery
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Intentional touching of a person that is unwanted or offensive
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burden of proof
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Duty placed on a party to prove its case.
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bystander rule
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Eliminates criminal liability to those who do not render or summon aid
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civil law
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Laws concerning the rights and duties between parties
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commercial exploitation
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Unauthorized use of someone's voice or likeness for business purpose
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common law
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Judge-made laws; uses precedent of earlier courts to make decisions
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compensatory damages
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In civil cases, money awarded to plaintiff for damages, injury, or another loss
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complaint
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Plaintiff's plea; describes facts and legal reasons for filing
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cross examination
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Attorney asks questions in court of a witness testifying for the other side
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defamation
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The act of injuring someone's reputation by stating something false to a third party. Two types include libel and slander.
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defendant
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The person being sued
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deposition
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A form of discovery; a party's attorney has the right to ask oral questions of the other party/witness
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direct examination
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A lawyer questioning their own witness during a hearing
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discovery
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Stage in litigation; after all pleadings are filed, each party seeks as much info from the opposition in order to prepare case
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embezzlement
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The crime of stealing funds/property from an employer, company or government; misappropriating money/assets held in trust
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equity
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Can refer to: fairness; money value of property; Body of law that falls outside jurisdiction of common law
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false imprisonment
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Intentional restraint of a person without reasonable cause and without their consent
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felony
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The most serious of crimes; defendant could be imprisoned for more than a year
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foreseeability
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Ability to reasonably anticipate that damage/injury could occur from acts or omissions
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fraud
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Deception of another person to obtain money/prperty from them
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injunction
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A court order that a person must do or stop doing something
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interrogatories
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A form of discovery; written questions submitted to a party from the opposing side. Signed under oath.
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invitee
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Someone who has a right to be on a property; i.e, a customer in a store
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judicial review
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A court's authority to examine an executive or legislative act and interpret or even nullify actions taken by another government branch
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larceny
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Taking property of an owner with the intention of preventing the owner from using it
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libel
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Defamation done in writing or by broadcast
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licensee
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A person on the property of another for their own purposes, but with owner's permission; i.e., a social guest
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manslaughter
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The crime of killing a human being without malice aforethought
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mediator
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A neutral person who guides two disputing parties to mutual agreement; does NOT make binding decisions
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misdemeanor
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Less serious crime, for which maximum penalty is less than a year, usually in jail rather than prison
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money laundering
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Taking profits of criminal acts and: using the money to promote more crime OR to conceal the money's source
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murder
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Premediated killing of one human being by another
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negligence
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Failure to take reasonable care, resulting in injury or damage to someone
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plaintiff
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The person who is suing
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pleadings
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Documents that begin a lawsuit; the complaint, answer, counterclaim, and reply
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precedent
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An earlier case that decided the same legal issue in dispute, and will therefore determine the outcome of the current case
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prosecutor
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A person who institutes legal proceedings against someone
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proximate cause
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The primary cause of an injury; produces particular, foreseeable consequences that a reasonable person could anticipate
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public figure
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Anyone who has gained notoriety, positive or negative, willingly or unwillingly, as a result of their name or exploits
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punitive damages
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Money awarded not as compensation to the plaintiff, but as a punishment to the defendant
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reasonable care
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The degree of caution a reasonable person would take in given circumstances; if a person is negligent, they didn't use reasonable care
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res ipsa loquitur
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"The Thing Speaks for Itself;" The principle that the facts may imply negligence. The idea that because an accident occurred, someone was negligent
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slander
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Oral defamation
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slight care
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Care that an inattentive person would exercise, in regard to their personal affairs of minimal importance
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stare decisis
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"Let the Decision Stand;" Principle that a legal precedent is usually binding
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statute
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A law passed by a legislative body, like congress
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strict liability
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Holds all those who engage in ultra hazardous activity/manufacture certain products liable for their own damages/injury
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subpoena
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An order to appear, issued by a court or government body
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spousal immunity
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Prevents spouses from having to condemn or be condemned by their spouses
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summary judgment
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Power of a trial court to stop a lawsuit before it even goes to trial on the basis that no essential facts are in dispute
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takings clause
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In the 5th amendment, clause that ensures that when the government takes private property for public use, it must compensate the owner
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tort
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A civil wrong, infringement of a right, which causes someone to suffer loss or harm
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trespasser
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A person on someone else's property without consent
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ultra-hazardous acts
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Conduct that is lawful but much more likely to result in injury than normal activiry
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wrongful death
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Claim made against a person who can be held liable for a death
