Business Law 115 – Flashcards
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Where does the law originally come from?
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England
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What does precedent mean?
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Let the decision stand or stare decisis
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The constitution is the?
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Law of the land
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Statues made by legislators apply to who?
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Everyone
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Who enforces statue laws?
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Statue law agencies enforce the rules
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Trial courts are both in federal & state?
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yes this is true
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What are pelet courts?
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questions of law- trail courts deal with facts
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Court of appeals reviews if?
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Trail courts did it right its affirmed if no it is sent back
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What is voir dire?
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selecting a jury and judge says y/n on what they can hear or not hear
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What is negotiation?
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They start after soon after dispute arises and are often settled this way. Could take a few days or years.
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What is mediation?
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a neutral person or mediator attempts to guide the two disputing parties toward a voluntary settlement
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What is arbitration?
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the parties agree to bring in a neutral third party but the arbitrator has the power to impose an award
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Statutory law comes from where?
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From the state
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What is statutory interpretation?
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Explain precisely what the language means and how it applies in a given case.
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Can judicial review be law?
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An individual or corporation directly harmed by an administrative rule, investigation, or adjudication may generally have that action reviewed.
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Freedom of information act?
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Made in 1966 it designed to give everyone info. that federal agencies are using. Any citizen may request.
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What is interstate commerce?
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a state may not regulate commerce in any way that will interfere with interstate commerce
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Can state interfere with commerce of national government?
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No
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What is the supremacy clause?
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Federal law controls not state
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Bill of rights controls what?
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Governmental actions towards citizens
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What amendment shows free speech?
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1st amendment
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Who controls commercial speech?
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FCC
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What is the fifth amendment?
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Felons have a right to be tried only upon indictment by grand jury
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What is imminent domain?
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The right to reclaim private property in the name of the government if the property is to be used for the greater public good
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What is substantive due process?
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Substantive due process requires the government's deprivation of a person's life, liberty, or property be justified by a sufficient purpose
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How is contract created, enforced, and result?
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the parties agree on contract, suit by plaintiff, money damages for plaintiff
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How is tort created, enforced, and result?
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Civil law imposes duties of conduct on all persons, suit by plaintiff, money damages for plaintiff.
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How is criminal law created, enforced, and result?
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criminal law prohibits certain conduct, prosecution by government, punishment for defendant including prison and or fine.
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What is defamation?
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wrongful injury to a persons reputation
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What is absolute privilege?
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Protection from liability for slander or libel given under certain circumstances regardless of the fact that the statements are false or maliciously made (ex: statements made in court by the judge, attorneys, and witnesses)
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Assault is defined by what?
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A threat of imminent harm
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What is battery?
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being hit or hitting someone
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What is conversion?
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Stealing
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What is fraud?
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injuring another person by deliberate deception
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What is compensatory damages?
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money intended to restore plaintiff to the position he was in before the injury
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What is punitive damages?
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damages that are intended to punish the defendant for conduct that is extreme and outrageous
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What is tortious interference with a contract?
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a intentional tort in which the defendant improperly induced a third party to breach a contract with the plaintiff
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What is tortious interference with a prospective advantage?
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malicious interference with developing economic relationship
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What is the lanham act?
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broad protection against false statements
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To win a Lanham act you must prove three things what are they?
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The defendant made false or misleading facts, used false statements in commercial advertising or promotion, that the statements created the likelihood of harm of the plaintiff.
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What is intrusion?
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entrance by force or without permission or welcome
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What is negligence?
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harm that arises by accident
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What is Duty of Due Care?
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each of us has a duty to behave as a reasonable person would under the circumstances
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What is breach?
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the defendant breached her duty of care or failed to meet her legal obligations
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What is factual cause?
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the defendant conduct actually caused the injury
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What is proximate cause?
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it was foreseeable that conduct like the defendant might cause this type of harm
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What is damages?
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the plaintiff has actually been hurt or has actually suffered a measurable loss
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What is contributory and comparative negligence?
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in a contributory negligence state, a plaintiff who is even slightly responsible for his own injury recovers nothing; in a comparative negligence state, the jury may apportion liability between plaintiff and defendant
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What is the assumption of risk?
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a person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured
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What is strict liability?
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a branch of tort law that imposes a much higher level of liability when harm results from ultrahazdrous acts or defective products
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Ultrahazdorous activity?
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a defendant engaging in an ultrahazordous activity always liable for any harm that results ex wrestling bears
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Negligence per se?
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something like 15 mph over speed limit
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what are 4 element of negligence?
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duty of care, breach of duty, factual causation, damages?
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What is false imprisonment?
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Intentional confinement or restraint of other person's activities without justification.
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What is burden of proof?
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in all prosecutions the government must prove its case beyond a reasonable doubt
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What is right to a jury?
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a criminal defendant has a right to trial ny jury for any charge that could result in a sentence of six months of longer
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Duress?
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a defendant is not guilty of a crime if she commits it under duress but burden of proof is on defendant
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What is entrapment?
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a police action that encourages criminal behavior
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What is the fourth amendment?
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prohibits the government from making illegal searches and seizures of individuals corporations etc
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What is a warrant?
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Written order based on probable cause & issued by a court commanding that the police officers search a specific person, place, or property to obtain evidence
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The exclusionary rule?
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a prosecutor may not use evidence obtained illegally
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What is the 6th amendment?
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guarantees criminal defendants the right to a lawyer
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What is the 8th amendment?
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prohibits excessive fines and cruel and unusual punishment
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What is larceny?
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trespassory taking of personal property with the intent to steal
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What is fraud?
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deception of another person of the purpose of obtaining money or property
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what is arson?
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malicious use of fire or explosives to damage or destroy real estate or personal property
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what is embezzlement?
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fraudulent conversion of property already in the defendants possession
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what is corporate liability?
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if a company agent commits a criminal act within the scope of her employment and with the intent to benefit the corporation, the company is liable
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What is RICO?
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RICO prohibits using two or more racketeering acts to invest in legitimate business or carry on certain other criminal acts. RICO permits civil lawsuits as well as criminal prosecution.
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What is money laundering?
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money laundering consists of taking profits from criminal act and either using them to promote crime or attempting to conceal their source.
