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4th Amendment

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Freedom from unreasonable searches and seizures

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5th Amendment

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Due Process

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Act of State

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A doctrine providing that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory.

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Actus Reus

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A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.

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Administrative Agency

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A federal, state, or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.

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ADR

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Alternative dispute resolution

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Alternatives

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Choices

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Appellate Jurisdiction

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Authority of court to review a decision of a lower court or administrative agency.

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Arbitration

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(law) the hearing and determination of a dispute by an impartial referee agreed to by both parties (often used to settle disputes between labor and management)BINDING

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Arson

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The malicious burning of someone else's or one's own dwelling or of anyone's commercial or industrial property.

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Assult

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Unlawful threat or attempt to do bodily injury to another

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Assumption of risk

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A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.

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Attempted murder

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requires intent to kill - no other form of malice will suffice

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Battery

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the unlawful beating of a person; act of beating or pounding; any large group of related things

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Beyond a reasonable doubt

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The standard of proof used in criminal cases. If there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged, then the verdict must be \"not guilty.\"

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Bill of rights

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a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)

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Breach

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(n.) an opening, gap, rupture, rift; a violation or infraction; (v.) to create an opening, break through

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Bribery

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Doing a task that entices a government official to do something that you desire.

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Brief

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A written statement by an attorney that summarizes a case and the laws and rulings that support it

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Case law

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Decisions of state and federal courts.

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Categorial imperative

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a concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior.

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CERCLA

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Comprehensive Environmental Response, Compensation, and Liability Act (SUPERFUND) 1980; To facilitate the cleanup of any abandoned or uncontrolled sites containing hazardous substances and to impose strict liability for cleanup costs on potentially responsible parties----Liable: person who generates, person who transported, person who owned/operated the site at the time of disposal, current owner/operator.

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Writ of Certiorari

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Order from the US Supreme Court upon granting a petition for Writ of Certiorari, ordering a lower court to provide the Supreme Court with a full record of all proceedings in the lower court.

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Clean air act

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(CAA, 1970) set emission standards for cars and limits for release of air pollutants

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Code

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A formal, written document that defines the ethical standards of an organization and gives employees the information they need to make ethical decisions across a range of situations----Cover

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Comity

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courteous behavior or politeness

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Commerce clause

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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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Common law

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A system of law based on precedent and customs

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Complaint

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a document filed by the plaintiff

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Confiscation

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seizure of property by authority

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Conviction

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A fixed or strong belief

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COVER

answer

.

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Crime

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A violation of criminal law for which some governmental authority applies formal penalties.

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Criminal negligence

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Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.

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CSR

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Corporate Social Responsibility

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Cyber crime

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A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world.

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Damages

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A civil court order in the amount of money the plaintiff is owed for expenses, money lost, pain and suffering.

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Defense

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Denying it happened

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Deposition

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a pretrial interrogation of a witness

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Diversity of citizenship

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A basis for federal court jurisdiction over a lawsuit between (1) citizens of different states (2) a foreign country and citizens of a state of of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases,

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Double jeopardy

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Being tried twice for the same crime

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Due process

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the administration of justice according to established rules and principles. 5th amendment

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Duress

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compulsion by threat or force. threat has to be greater than what they are asking you to do

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Duty based ethics

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Ethics based on religious beliefs

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Editorial

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An article giving opinions or perspectives. covEr

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Embezzlement

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Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud

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Entrapment

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A defense requiring proof that the defendant would not have committed the crime but for police trickery.

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Environmental impact statement

answer

Statement required by Federal law from all agencies for any project using Federal funds to assess the potential affect of the new construction or development on the environment.

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Equal protection

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14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

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Establishment

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Clause in the First Amendment that says the government may not establish an official religion.

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Exclusive jurisdiction

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Authority of only federal courts to hear and decide cases

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Exporting

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Entering a foreign market by selling goods produced in the company's home country, often with little modification.

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Expropriation

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Forced transfer of assets from a company to the government with compensation

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Facts

answer

Something that actually exists; reality; truth, a true statement.

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False imprisonment

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making a person stay against their will/unreasonable cause

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Federal question

answer

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

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First amendment

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5 freedoms: speech, press, religion, assembly, petition

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Foreign corrupt practices act

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Law passed in 1977 that made it a criminal offense for a representative of an American corporation to offer or give payments to the officials of other governments for the purpose of getting or maintaining business

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Forgery

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A fraudulent signature

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Fraud

answer

A deliberate deception intended to secure an unfair or unlawful gain

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Free exercise

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A First Amendment provision that prohibits government from interfering with the practice of religion.

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Free speech

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say what you want except slander,etc

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Good faith

answer

Absence of knowledge of any defects or problems.

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Importing

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Buying products from another country

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In personam

answer

jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property

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In rem

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jurisdiction based on claims against property

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Injunction

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A judicial order forcing a person or group to refrain from doing something.

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Intentional infliction of emotional distress

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Actual damages in the form of severe ED beyond what a reasonable person would expect to endure must be shown. Physical injury need not be shown unless the victim is a third party, non-family member bystander.

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Interrogatory

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A written set of questions requiring written answers from a plaintiff or defendant under oath

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Issue

answer

A point or matter in question or in dispute, or a point or matter that is not settled and is under discussion or over which there are opposing views or disagreements.

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Judgement on the pleadings

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final binding determination on the merits made by the judge after the pleadings. over ruling the jury

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Judgement n.o.v.

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or non obstante veredicto (notwithstanding the verdict), a judgment entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgement should be entered the opposite of the verdict.

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Jurisdiction

answer

the right and power to interpret and apply the law

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Emmanuel Kant

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one of the last major Enlightenment thinkers; stated that big philosophical questions could not be answered by reason alone; insisted that moral freedom could be achieved only by living in society and obeying its laws

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Larceny

answer

theft/stealing

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Litigation

answer

going to court

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Long arm statute

answer

Gives courts the power to exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.

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Mediation

answer

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

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Mens rea

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The \"guilty mind\" necessary to establish criminal responsibility.

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Mini trial

answer

type of informal nonbinding trail in which disputing parties usually businesses, present their side of the disputes to a jury of executives from the business

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Misrepresentation

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A false or misleading statement or assertion.

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Murder

answer

Intentional killing of a person.

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Negligence

answer

Carelessness

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Negotiation

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A form of communication between opposing sides in a conflict in which offers and counteroffers are made and a solution occurs only when both parties agree

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Original jurisdiction

answer

A court's authority to hear a case first.

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Outcome

answer

A possible result of a probability experiment

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Pleadings

answer

Formal papers filed with a civil court by the plaintiff and defendant which begin the litigation process.

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Police power

answer

Constitutional power of state, county, and local governments to enact and enforce laws that protect the publics health, safefty, morals and general welfare.

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Precedent

answer

a law established by following earlier judicial decisions

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Preponderance of evidence

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The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

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Principle of rights

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rights cannot simply be overridden by utility, but only by another, more basic or important right

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Privileges and immunities clause

answer

A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.

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Probable cause

answer

evidence sufficient to warrant an arrest or search and seizure

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Property crimes

answer

Crimes that involve taking or damaging others' property, for example, robbery and arson

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Puffery

answer

A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

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Quotas

answer

Established limits by governments on the number of imports that can enter a country each year

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Reasonable person standard

answer

The standard of behavior expected of a hypothetical \"reasonable person\"; the standard against which negligence is measured and that must be observed to avoid liability for negligence.

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Remedy

answer

A judicial order enforcing a right or redressing a wrong

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Rescission

answer

A period of reduced economic activity., A remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was made; may be effected through the mutual consent of the parties, by the parties' conduct, or by court decree.

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Robbery

answer

A person commits an offense if, in the course of committing theft with intent to obtain or maintain control of the property, he. violent crime

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Rule

answer

coveR. everyone goes along with what you decided.

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Search warrant

answer

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

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Self incrimination

answer

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

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Service of process

answer

A summons being served on the defendant to obtain personal jurisdiction over him or her.

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Shopkeeper privilege

answer

Reasonable belief something was stolen - reasonable period of detention for investigative purpose - non deadly force - on or near store premises

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Sovereign immunity

answer

doctrine that says other countries are immunized from US courts

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Specific performance

answer

An equitable remedy in which the court orders the contract to be performed as agreed to by the parties.

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Spending power

answer

ability of legislators to tax and spend

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Stakeholders

answer

All the people who stand to gain or lose by the policies and activities of a business and whose concerns the business needs to address.

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Standing

answer

A permanent committee established in a legislature, usually focusing on a policy area

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Stare decisis

answer

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

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Sufficient minimum contracts

answer

used to determine when a court in one state to assert personal jurisdiction over a defendant in another state

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Summons

answer

A formal notice from the court ordering the defendant to appear in court or to answer a complaint instead of appearing.

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Superfund

answer

A fund created by Congress in 1980 to clean up hazardous waste sites. Money for the fund comes form taxing chemical products. look to CERCLA

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Supremacy clause

answer

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. CONSTITUTION IS SUPREME LAW OF THE LAND

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Tariffs

answer

A tax on imported goods

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Taxing power

answer

Congress has power to impose and collect taxes in order to pay debts and spend for the general welfare

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Trespass

answer

Enter an owner's land or property without permission.

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Utilitarianism

answer

An ethical system stating that the greatest good for the greatest number should be the overriding concern of decision makers

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Values

answer

Cherished ideas and beliefs that affect decisions a person makes.

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Violent crimes

answer

Crimes such as murder, assult, and rape that involve an act of physical violence against the victim

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Voir Dire

answer

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

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White collar crimes

answer

nonviolent crimes committed by individuals or corporations to obtain a personal or buisness advantage

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World trade organization

answer

A trade organization that replaced the old General Agreement on Tariffs and Trade

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Wrongful interference with a contractual relationship

answer

Maliciously inducing another to breach or fail to fulfill a valid contractual obligation. i.e. telling someone to break their contract and come work for you

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