question

True or False An action may be legal but not ethical

answer

True

question

True or False Ethical codes of conduct can set the ethical tone of a firm.

answer

True

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True or False The minimal acceptable standard for ethical behavior is compliance with the law.

answer

True

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True or False A business firm's profits may suffer if the firm is not a "good corporate citizen."

answer

True

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True or False Business ethics is consistent only with short-run profit maximization.

answer

False

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True or False Business ethics applies only to the owners, operators, and employees of corporations.

answer

False

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True or False Acting in good faith gives a business firm a better chance of defending its actions in court.

answer

True

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True or False Managers must apply different standards to themselves than they apply to their employees.

answer

False

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True or False Some U.S. bribery laws are directed toward accountants.

answer

True

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True or False Simply obeying the law does not fulfill all ethical obligations.

answer

True

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True or False A business firm can sometimes predict whether a given action is legal.

answer

True

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True or False The role played by women may present some difficult ethical problems for firms doing business internationally

answer

True

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True or False A business organization and its actions cannot be based on trust

answer

False

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True or False The legality of an action is always clear

answer

False

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According to utilitarianism, an action that affects the majority adversely is morally wrong.

answer

True

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True or false Corporations can be good citizens by promoting goals that society deems worthwhile.

answer

True

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True or False An ethics program can clarify what a company considers to be unacceptable conduct.

answer

True

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True or False Ethical standards based on religious teachings tend to be absolute.

answer

True

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True or False Setting realistic workplace goals can reduce the probability that employees will act unethically

answer

True

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According to utilitarianism, it does not matter how many people suffer a negative effect from an act.

answer

False

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Corporate ethical policies must be clearly communicated to be effective.

answer

True

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True or False To be ethical is 'to do the right thing' under all circumstances, even when it is difficult to stand up for what it right"

answer

False

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True or False The most common reason that ethical problems occur in business is an overemphasis on long-run profit maximization.

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False

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True or false Under the principle of rights theory, one person's set of values is as "right" as another's

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False

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True or False Corporations can be perceived as owing ethical duties to groups other than their shareholders

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True

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True or False Business ethics focuses on ethical behavior in the business world

answer

True

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True or False If an action is ethical from an outcome-based perspective, it is always ethical from a duty-based perspective

answer

False

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True or False In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.

answer

True

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True or False Businesspersons who would choose to act unethically may be deterred from doing so because of public opinion.

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True

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True or False One guideline to evaluating the ethics of a particular action is to "let your conscience be your guide."

answer

True

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True or False Ethics is concerned with the fairness or justness of an action

answer

True

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True or False Ethics is the branch of philosophy that focuses on what constitutes right and wrong behavior

answer

True

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True or False Bribery of foreign government officials is both an ethical and a legal issue.

answer

True

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True or False Ethical reasoning is the process through which an individual rationalizes whatever action he or she chooses to take.

answer

False

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True or False Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

answer

True

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True or False Mandatory arbitration clauses in employment contracts are not enforceable.

answer

False

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True or False Negotiation traditionally involves just the parties to a dispute without their attorneys

answer

False

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True or False Service of process is the process of obtaining information from an opposing party before trial.

answer

False

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True or False A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the non-prevailing party.

answer

True

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True or False The jurisdiction of a state court of appeal is substantially limited to hearing appeals.

answer

True

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True or False Voir dire is a process for presenting evidence in a case.

answer

False

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True or false A counterclaim is raised by a plaintiff against a defendant's response to a complaint.

answer

False

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True or False Mediation is adversarial in nature

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False

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Ethics may be defined as

answer

The study of what constitutes right and wrong behavior.

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True or False This action would NOT be an important factor in setting the right ethical tone for a company? Establishing a corporate noncompliance program.

answer

True

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A cornerstone of both American and English legal systems is:

answer

the doctrine of stare decisis

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One of the major functions of all administrative agencies is

answer

rulemaking.

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The common law may be described as

answer

general legal principles that evolved over time through court decisions. Common law, or judge-made law, is a set of general legal principles that evolved over time through court decisions.

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True or false Whether a law is constitutional depends on its source.

answer

False

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True or False Most state trial court decisions are not published

answer

True

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True or false How judges apply the law to specific disputes may depend in part on their personal philosophical views.

answer

True

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Criminal law focuses on duties that exist between persons.

answer

False

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True or False A state constitution is supreme within the state's borders so long as it does not conflict with the U.S. Constitution or a federal law.

answer

True

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True or False No state has adopted the Uniform Commercial Code in its entirety

answer

False

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True or False The law establishes rights, duties, and privileges that are consistent with the values of society

answer

True

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True or False Judges use precedent when deciding a case in a common law legal system.

answer

True

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True or False Constitutional law includes only the U.S. Constitution.

answer

False

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True or false This option is normally not available in online dispute resolution? The service provider makes findings of fact and recommends how a court should proceed

answer

True

question

True or False The federal court system does not consist of the U.S. Chamber of Commerce.

answer

True The U.S. Chamber of Commerce is a private organization, not a federal court.

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The doctrine of judicial review allows..

answer

the judiciary to decide whether laws or actions of the other branches of government are constitutional. Courts decide if the executive and legislative branches act within the scope of their constitutional authority.

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True or false The United States Supreme Court can review a decision by a state's highest court only if a question of federal law is involved.

answer

True

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True or False A long arm statute permits a court to exercise jurisdiction over an out-of-state defendant.

answer

True

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T or F Any judgment is enforceable.

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False

question

T or F Voir dire is a process for presenting evidence in a case.

answer

False

question

T or F Negotiation is the most complex form of alternative dispute resolution

answer

F

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T or F A judge instructs a jury as to the law that applies in a case.

answer

T

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T or F Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.

answer

F

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T or F A summary judgment is granted only if there is no genuine question of law.

answer

F

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T or F To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

answer

T

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Duty-based ethical standards very often derive from

answer

Principles rooted in religion.

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A key technique employed by utilitarians to determine the morality of a given action is:

answer

To conduct a cost-benefit analysis Utilitarians will weigh the overall costs of an action against the expected benefits of the action to determine the merits of the action.

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The belief that judges should take social and economic realities into account when deciding cases is characteristic of

answer

legal realism Legal realists believe that judges should take social and economic realities into account when deciding cases.

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T or F A reference to "28 U.S.C. Section 1332" means that a federal court's decision can be found on page 28 of section 1332 of the United States Cases. Answer

answer

False

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T or F Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

answer

T

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T or F A court's direction to a party to do or to refrain from doing a particular act is a rescission

answer

F

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T or F Common law is a term for the law that is known to most of us.

answer

F

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After a trial, if a lawyer asks the judge to set aside the jury's verdict and rule in favor of her client instead, the lawyer would be asking for:

answer

a judgment notwithstanding the verdict This judgment would be sought by a party's lawyer after the trial has ended.

question

Joe and Krista have a dispute concerning a contract. They decide to try to settle the problem themselves, without the help of a third party. This type of ADR is known as:

answer

negotiation. When parties attempt to resolve disputes without the help of a third party, as Joe and Krista are, this is known as negotiation.

question

equitable principles and maxims are principles of _______ that have to do with _______

answer

law, equity

question

Legal Positivism

answer

thought centered on assumption that there is no law higher than the laws created by a national government L positivists believe that laws must be obeyed, even if they are unjust, to prevent anarchy

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Historical School

answer

emphasizes the evolutionary process of law and looks to the past to discover what the principles of the contemporary law should be

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Legal Realism

answer

A School of legal thought of the 1920's and 1930's. It generally advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place

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Natural Law

answer

Believes that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature The natural law school is the oldest and one of the more significant schools of legal thought

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Jurisprudence

answer

The science or philosophy of law

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Defendant

answer

the accused person in a criminal proceeding

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Plaintiff

answer

Person accusing

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Torts

answer

1) intentional or unintentional? 2) What defenses are available to the defendant? 3) status of the victim 4) miscellaneous torts

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Intentional Torts

answer

battery, assault, false imprisonment, trespassingm conversions

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Administrative Law

answer

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

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Binding Authority

answer

Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

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Breach

answer

The failure to perform a legal obligation

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Case Law

answer

The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

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Citation

answer

A reference to a publication in which a legal authority—such as a statute or a court decision—or other source can be found.

question

Civil Law

answer

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

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Civil Law System

answer

A system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.

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Common Law

answer

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature

question

Constitutional Law

answer

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

question

Criminal Law

answer

Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.

question

Cyberlaw

answer

An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.

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Equitable Principles and Maxims

answer

General propositions or principles of law that have to do with fairness (equity).

question

International Law

answer

The law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law.

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National Law

answer

Law that pertains to a particular nation (as opposed to international law).

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Natural Law

answer

The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the more significant schools of legal thought., ...

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Ordinance

answer

A regulation enacted by a city or county legislative body that becomes part of that state's statutory law.

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Persuasive Authority

answer

Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. Persuasive authorities include cases from other jurisdictions and secondary sources of law.

question

Precedent

answer

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

question

Primary Source of Law

answer

A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

question

Procedural Law

answer

Law that establishes the methods of enforcing the rights established by substantive law.

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Remedy

answer

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

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Secondary Source of Law

answer

A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

question

Sociological School

answer

A school of legal thought that views the law as a tool for promoting justice in society.

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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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Statute of Limitations

answer

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

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Statutory Law

answer

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

question

Substantive Law

answer

Law that defines, describes, regulates, and creates legal rights and obligations.

question

Uniform Law

answer

A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. Each state has the option of adopting or rejecting all or part of a uniform law. If a state adopts the law, it becomes statutory law in that state.

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Business Ethics

answer

Ethics in a business context; a consensus as to what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting.

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Categorical Imperative

answer

A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong, or desirable or undesirable, a person should evaluate the action in terms of what would happen if everybody else in the same situation, or category, acted the same way.

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Corporate Social Responsibility

answer

The idea that corporations can and should act ethically and be accountable to society for their actions.

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Cost-Benefit Analysis

answer

A decision-making technique that involves weighing the costs of a given action against the benefits of that action.

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Ethical Reasoning

answer

A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand

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Ethics

answer

Moral principles and values applied to social behavior.

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Moral Minimum

answer

The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law.

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Principle of Rights

answer

The principle that human beings have certain fundamental rights (to life, liberty, and the pursuit of happiness, for example). Those who adhere to this "rights theory" believe that a key factor in determining whether a business decision is ethical is how that decision affects the rights of various groups, including employees, customers, and suppliers.

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Stock Buyback

answer

A company's purchase of shares of its own stock on the open market.

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Stock Option

answer

An agreement that grants the owner the option to buy a given number of shares of stock, usually within a set time period.

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Utilitarianism

answer

An approach to ethical reasoning that evaluates behavior in light of the consequences of that behavior for those who will be affected by it, rather than on the basis of any absolute ethical or moral values. In utilitarian reasoning, a "good" decision is one that results in the greatest good for the greatest number of people affected by the decision

question

Voir Dire

answer

An Old French phrase meaning "to speak the truth." In legal language, the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors

question

Alternative Dispute Resolution (ADR)

answer

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

question

Answer

answer

Procedurally, a defendant's response to the plaintiff's complaint.

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Arbitration

answer

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding.

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Arbitration Clause

answer

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

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Award

answer

In litigation, the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution, the decision rendered by an arbitrator.

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Bankruptcy Court

answer

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

question

Brief

answer

A formal legal document prepared by a party's attorney for the appellant or the appellee (in answer to the appellant's brief) and submitted to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's behalf.

question

Complaint

answer

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

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Concurrent Jurisdiction

answer

Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in a federal or a state court.

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Counterclaim

answer

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

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Default Judgment

answer

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim.

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Deposition

answer

The testimony of a party to a lawsuit or a witness taken under oath before a trial

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Discovery

answer

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

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Diversity of Citizenship

answer

Under Article III, Section 2, of the U.S. Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or 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 district court can take jurisdiction in such cases.

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Docket

answer

The list of cases entered on a court's calendar and thus scheduled to be heard by the court

question

E-Evidence

answer

Evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, document preparation systems, and other data.

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Exclusive Jurisdiction

answer

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

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Federal Question

answer

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

question

Interrogatories

answer

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.

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Judicial Review

answer

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

question

Jurisdiction

answer

The authority of a court to hear and decide a specific case.

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Justiciable Controversy

answer

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

question

Litigation

answer

The process of resolving a dispute through the court system

question

Long Arm Statute

answer

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain "minimum contacts" with that state for the statute to apply.

question

Mediation

answer

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.

question

Motion for a Directed Verdict

answer

In a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

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Motion for a new trial

answer

a motion asserting that the trial was fundamentally flawed and that a new trial is necessary to prevent a miscarraige of justice

question

Motion for Judgment n.o.v.

answer

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous.

question

Motion for Judgment on the Pleadings

answer

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

question

Motion for Summary Judgment

answer

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

question

Motion to Dismiss

answer

A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.

question

Negotiation

answer

A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

question

Online Dispute Resolution (ODR)

answer

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

question

Pleadings

answer

Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings.

question

Probate Court

answer

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.

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Question of Fact

answer

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial (by the judge if there is no jury).

question

Question of Law

answer

In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, not a jury, can rule on questions of law.

question

Reply

answer

Procedurally, a plaintiff's response to a defendant's answer.

question

Rule of Four

answer

A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.

question

Small Claims Court

answer

special court in which parties may litigate small claims (such as $5,000 or less). Attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties.

question

standing to sue

answer

requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she was injured or threatenedwith injury

question

Summons

answer

A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff's complaint

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Venue

answer

The geographic district in which a legal action is tried and from which the jury is selected.

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Writ of Certiorari

answer

A writ from a higher court asking a lower court for the record of a case.

question

Bill of Rights

answer

The first ten amendments to the U.S. Constitution .

question

Checks and Balances

answer

The principle under which the powers of the national government are divided among three separate branches—the executive, legislative, and judicial branches—each of which exercises a check on the actions of the others.

question

Commerce Clause

answer

The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.

question

Due Process Clause

answer

The provisions in the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.

question

Equal Protection Clause

answer

The provision in the Fourteenth Amendment to the U.S. Constitution that guarantees that a state may not "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that the state governments must treat similarly situated individuals in a similar manner.

question

Establishment Clause

answer

The provision in the First Amendment to the U.S. Constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.

question

Federal Form of Government

answer

A system of government in which the states form a union and the sovereign power is divided between the central government and the member states.

question

Filtering Software

answer

A computer program that is designed to block access to certain Web sites, based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.

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Free Exercise Clause

answer

The provision in the First Amendment to the U.S. Constitution that prohibits the government from interfering with people's religious practices or forms of worship.

question

Meta Tag

answer

A key word in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on these tags in Web documents.

question

Police Powers

answer

Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.

question

Preemption

answer

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

question

Supremacy Clause

answer

The requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.

question

Symbolic Speech

answer

Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts.

question

ResIpsaLoquitur

answer

Adoctrineunderwhichnegligencemaybeinferredsimply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."

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Actionable

answer

Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

question

Actual Malice

answer

The deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true. In a defamation suit, a statement made about a public figure normally must be made with actual malice for the plaintiff to recover damages.

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Appropriation

answer

In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.

question

Assault

answer

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

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Assumption of Risk

answer

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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Battery

answer

The unexcused, harmful or offensive, intentional touching of another.

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Business Invitee

answer

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.

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Business Tort

answer

Wrongful interference with another's business rights

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Causation in Fact

answer

An act or omission without which an event would not have occurred.

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Comparative Negligence

answer

A rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in the majority of states.

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Compensatory Damages

answer

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

question

Contributory Negligence

answer

A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault; used in a minority of states

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Conversion

answer

Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another.

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Cyber Tort

answer

A tort committed in cyberspace.

question

Damages

answer

Money sought as a remedy for a breach of contract or a tortious action.

question

Defamation

answer

Anything published or publicly spoken that causes injury to another's good name, reputation, or character.

question

Disparagementof Property

answer

Aneconomicallyinjuriousfalsehoodmadeaboutanother's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.

question

Dram Shop Act

answer

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

question

Duty of Care

answer

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence

question

Fraudulent Misrepresentation

answer

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

question

Good Samaritan Statute

answer

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm.

question

Intentional Tort

answer

A wrongful act knowingly committed.

question

Libel

answer

Defamation in writing or other form having the quality of permanence (such as a digital recording).

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Malpractice

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Professional misconduct or the lack of the requisite degree of skill as a professional. Negligence—the failure to exercise due care—on the part of a professional, such as a physician, is commonly referred to as malpractice.

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Negligence

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The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

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Negligence Per Se

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An action or failure to act in violation of a statutory requirement.

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Privilege

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A legal right, exemption, or immunity granted to a person or a class of persons. In the context of defamation, an absolute privilege immunizes the person making the statements from a lawsuit, regardless of whether the statements were malicious

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Proximate Cause

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Legal cause, which exists when the connection between an act and an injury is strong enough to justify imposing liabilityPuffery

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Puffery

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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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Punitive Damages

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Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

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Reasonable Person Standard

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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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Slander

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Defamation in oral form.

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Slander of Quality (Trade Libel)

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The publication of false information about another's product, alleging that it is not what its seller claims.

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Slander of Title

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The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner.

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Strict Liability

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Liability regardless of fault. In tort law, strict liability is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce goods that are unreasonably dangerous when in a defective condition.

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Tort

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A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.

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Tortfeasor

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One who commits a tort.

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Trespass to Land

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The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization

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Trespass to Personal Property

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The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.

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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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Mens Rea

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Mental state, or intent. Normally, a wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes such a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life.

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Arson

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The intentional burning of another's building. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means— for example, by explosion.

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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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Botnet

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A network of computers that have been appropriated without the knowledge of their owners and used to spread harmful programs via the Internet; short for robot network.

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Burglary

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The unlawful entry or breaking into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime.)

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Computer Crime

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Any wrongful act that is directed against computers and computer parts or that involves the wrongful use or abuse of computers or software.

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Crime

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A wrong against society set forth in a statute and, if committed, punishable by society through fines and/or imprisonment—and, in some cases, death.

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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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Cyber Fraud

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Any misrepresentation knowingly made over the Internet with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

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Cyberterrorist

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A person who uses the Internet to attack or sabotage businesses and government agencies with the purpose of disrupting infrastructure systems.

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Double Jeopardy

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A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the U.S. Constitution.

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Duress

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Unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise have performed.

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Embezzlement

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The fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted.

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Entrapment

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In criminal law, a defense in which the defendant claims that he or she was induced by a public official—usually an undercover agent or police officer—to commit a crime that he or she would not otherwise have committed.

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Exclusionary Rule

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In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's rights guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court.

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Felony

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A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from one year in a state or federal prison to the death penalty.

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Forgery

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The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

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Grand Jury

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A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial ought to be held.

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Indictment

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A charge by a grand jury that a named person has committed a crime.

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Information

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A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a government prosecutor

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Larceny

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The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value.

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Malware

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Any program that is harmful to a computer or a computer user; for example, worms and viruses.

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Misdemeanor

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A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

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Money Laundering

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Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

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Petty Offense

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In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation.

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Phishing

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The attempt to acquire financial data, passwords, or other personal information from consumers by sending e-mail messages that purport to be from a legitimate business, such as a bank or a credit-card company.

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Plea Bargaining

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The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence.

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Probable Cause

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Reasonable grounds for believing that a person should be arrested or searched.

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Self-Incrimination

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Thegivingoftestimonythatmaysubjectthetestifierto criminal prosecution. The Fifth Amendment to the U.S. Constitution protects against self-incrimination by providing that no person "shall be compelled in any criminal case to be a witness against himself."

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Trojan Horse

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A computer program that appears to perform a legitimate function but in fact performs a malicious function that allows the sender to gain unauthorized access to the user's computer; named after the wooden horse that enabled the Greek forces to gain access to the city of Troy in the ancient story

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Virus

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A computer program that can replicate itself over a network, such as the Internet, and interfere with the normal use of a computer. A virus cannot exist as a separate entity and must attach itself to another program to move through a network.

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Vishing

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A variation of phishing that involves some form of voice communication. The consumer receives either an e-mail or a phone call from someone claiming to be from a legitimate business and asking for personal information. Instead of being asked to respond by e-mail as in phishing, the consumer is asked to call a phone number.

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White-Collar Crime

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Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

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