Law for business and personal use 19e CH 1-10 vocabulary – Flashcards
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stare decisis
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Doctrine requiring lower courts to adhere to existing case law in making decisions
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procedural law
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Group of laws that set forth how rights and responsibilities can be legally exercised and enforced through the legal systen
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laws
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Enforceable rules of conduct in a society
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common law
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Law based on the customs of a group of people
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ordinance
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Legislative enactment by a city
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criminal law
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Group of laws defining and setting punishments for offense against society
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civil disobedience
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An open, peaceful, violation of a law to protest its alleged injustice
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jurisdiction
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Power of a court to decide a case
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statue
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Law enacted by state legislatures of federal legislatures
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case law
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Law made when an appellate court endorses a rule to be used in deciding court cases
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ethics
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A collection of standards of conduct and moral judgement forming the basis for a reasoned, impartial decision as to what is right or wrong
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constitution
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Document that sets forth the framework of a government and its relation with the people it governs
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civil law
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Group of laws that allows individuals to seek legal remedies for wrongs done to them
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code
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Laws grouped into organized from
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equity
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Fairness
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positive law
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Law dictated from above
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civil rights
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Personal, natural rights guaranteed by the Constitution
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browser
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Internet scanning program
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democracy
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Governmental system where in each citizen may vote directly to decide issues
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system of checks and balances
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Divisions and out locations of powers of government between its various branches
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republic
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Governmental system wherein citizens elect representatives to decide issues
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intrastate commerce
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Commerce conducted wholly within one state
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Articles of Conferderation
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Charter for common government for the 13 colonies prior to the adoption of the Constitution
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constitution
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Document that provides a framework for the federal government, consisting of seven articles and 27 amendments
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due process of law
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Concept of fundamental fairness in compliance with reasonable and just acts
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Bill of Rights
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The first 10 amendments to the U.S. Constitution
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amendment
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A change or modification
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transcript
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Verbatim Record of what went on at trial
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appellete court
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Court that reviews trial court decisions to determine if a significant error of law has made during trial
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court of record
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Court in which an accurate, detailed report of what went on in trail is made
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arbitrator
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Independent third-party who develops a binding, court-enforceable dispute resolution
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writ of certiorari
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Order to a lower court to reduce the record of a case for the Supreme Court to review
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original jurisdiction
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Power to hear a case in full for the first time
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juvenile court
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Court that hears cases involving individuals generally between the ages of 13 and 18
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litigate
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To place a dispute before a court of law for resolution
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municipal court
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Court that hears cases involving violations of ordinance
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specialized jurisdiction
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Power to hear only cases of a specific type
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substantive defense
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Legal position that disproves, justifies, or otherwise excuses and alleged criminal act
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preliminary hearing
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Court proceeding at which evidence against the defendant is present to the court so it may determine if there is sufficient cause to hold her or him for trial
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self-defense
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The use of the force that appears to be reasonable and necessary to the victim to prevent debt, serious bodily harm, rape, or kidnapping
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crime
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Punishable offense against society
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contempt of court
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Action that hinders the administrations of justice
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felony
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Crime punishable by either a fine of more than $1000 or by confinement for more than one year in state prison or both or by the death
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vicarious criminal liability
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Substituted criminal liability
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immunity
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Freedom from prosecution even when one has committed a crime charged
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punishment
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Any penalty provided by the law and imposing by a court
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misdemeanor
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Crime punishable by confinement in a county or city jail for what one year or less, but fine of $1000 or less, or both
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witness
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Person who has personal knowledge of the facts in the case
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false imprisonment
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Deprivation of freedom of movement without consent or privilege
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judgement
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Final result of a trial
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conversion
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Using property in a manner that is inconsistent with its owner's rights
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negligence
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Tort based on carelessness
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defamation
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False statement that injures a person's reputation
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assault
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Intentionally made the rent that put someone in fear of a harmful or offensive touching
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battery
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Harmful or offensive touching
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summons
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A court order issued to a defendant to appear in court and answer the complaint
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evidence
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Materials or statement presented in a trial to prove or disprove the alleged facts
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damages
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A monetary award by the cord to a person who has suffered loss or injury because the act or omission of another Binding agreement form by a mutual exchange of legally binding promises
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revocation
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Offers with the draw of been offered because it is accepted
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offeree
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Party to whom an offer is made
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firm offer
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A contractual proposal in writing, signed by a merchant, and stating how long it is stay open
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counter offer
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Response by offeree, with new terms, which ends the original offer
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mirror image rule
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Requirements that the terms in an acceptance exactly match the turns in the offer
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acceptance
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Affirmative response necessary to transform an offer into a contract
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option
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Contract to leave an offer open for a period of time in exchange for other consideration
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void
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Of no legal effect
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genuine assent
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Consent not clouded by misrepresentation, fraud, duress, undue influence, or mistake
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voidable
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Contract which confers on the injured party the temporary right to avoid the rescind
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unilateral contract
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One party holds an incorrect belief about the facts related to a contract
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fraudulent misrepresentation
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Deliberated false representation or acted concealment of the material fact, which is meant to and which does induce another to make an unfavorable contract
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ratification
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Approval of a voidable contract by the injured party
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undue influence
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The dominating party in a confidential relationship using her or his power to induce the dependent person into making an unfavorable contract
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duress
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Use of an improper act or threat to obtain an expression of agreement
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rescission
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The process of restoring to the parties what they have put into the contractagreements by all creditors to except something less than the total amount of the claims in full satisfaction of the debtors obligations
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nominal consideration
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Token consideration, which bears no relation to the real value of the contract
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consideration
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What a person demands and generally must receive in order to make her or his promise legally binding on him or her
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forbearance
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Refraining from doing what one has a right to do
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gift
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Voluntary transfer of ownership of property without consideration
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legal value
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Change in the legal position of a party as a result of the contract
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past consideration
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Act that has already been performed and us cannot be consideration for a promise in the present
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promissory estoppel
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Enforcement of a promise to avoid injustice by denying to the promise or the defense of lack of consideration
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promisor
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Person who makes a promise
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promisee
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Person to whom a promise is made
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requirements contrart
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Contractual situation in which a seller agrees to supply all the needs of a particular buyer
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emancipation
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Severing of the parent-child relationship
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scope of authority
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Within the range of authorized contractual acts
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necessaries
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Goods and services needed to sustain life
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intoxication
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The state of being unable to recognize what you are entering into a contract due to the consumption of legal or illegal drugs
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ratification
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Act after regaining capacity indicating an intent to be bound by the contract
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contractual capacity
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Ability to understand that the contract is being made and the consequences thereof
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disaffirmance
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Returning what you have received under contract and requesting the return of what you gave
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minority
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Age range in which, because of youthful inexperience, a person is deemed by the law to lack full contractual capacity
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metal incapacity
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The inability of a person to understand the consequences of her or his contracts due to the severe mental illness is, retardation, or senility
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age of majority to contract
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Either 18, 19, or 21 in most states
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minor
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One who has not yet reached that age of majority to contract
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compounding a crime
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To refrain from informing on or persecuting an alleged crime in exchange for money or other valuable consideration
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lottery
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Composed of prize, chance, and consideration
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price fixing
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When competing firms agree on the same price to be charge for a product or service
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wager
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A bet on the outcome of an event
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competency license
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License required of professionals certifying they can perform adequately
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cyberlaw
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Law that is intended to govern the use of computers in e-commerce
