MSUB CITY COLLEGE: Business Law-Quiz 1
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Common Law
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The body of law from England and other European countries incorporated into American jurisprudence by the colonists.
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Statute
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Laws enacted by an elected legislative body. ex) A state legislature or the U.S. Congress.
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Case Law
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Law created by judicial interpretation of appellate decisions.
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Administrative Agency
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A governmental body that creates rules and regulations for the enforcement and implementation of various statutes.
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Stare Decisis
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A Latin phrase meaning, "stand by the decision." ex) decisions made by previous courts are binding.
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Referendum
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Allows enactment of laws by a vote of the people as a ballot initiative rather than through the legislative process.
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Venue
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He place where the trial is held.
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Long Arm Jurisdiction
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The ability of a court in one state to exercise judicial power over the citizens and/or entities from another state...based upon contacts of the latter with the home state.
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Transcript
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A written record of a trial, court proceedings or witness deposition.
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Contributory Negligence
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The defendants actions which contributed to an accident or injury.
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Plaintiff
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The person/entity seeking relief from the court.
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Multi-party liability
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When multiple parties can be held liable for the same act or event. All are responsible for restitution.
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Notice and Comment period
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A period of time that an administrative agency gives notice and opportunity for public comment by persons and entities affected by the proposed rules or amendments.
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Regulatory Agency
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An administrative agency that issues rules. Regarding: the conduct of business, setting rates, professional standards and impose fines and sanctions for failure to comply.
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Montana Constitution
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The 1972 document adopted by Montana voters which is the framework for state government and the rights of Montanans. All laws, regulations and actions by state and local governments must comply.
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What are the four elements to a negligence claim?
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Duty of the tortfeasor, breach of duty, proximate cause of the injury, damages.
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What are 3 ways to prove product liability in a strict liability case?
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Failure to warn, manufacturer's defect, design defect.
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What are 8 criteria of Trademark infringement?
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two marks; the products represented by the marks; marketing and customers; advertising and amount used. Also, area of overlapping use, intent of parties when adopting marks, strength of the marks, and actual confusion by the public.
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What are the trial phases between jury selection & the verdict?
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Opening Statements; Presentation of Evidence; Settling of Instructions; Closing Arguments; Submission to the Jury; Selection of the Jury Foreman, Deliberation.
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Why was the Bill of Rights added to the Constituion?
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It addresses individual liberties which are not in the Constitution.
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What is Montana's Supreme Court?
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Montana's highest court. It interprets Montana law in cases brought before it from lower courts. ex) statutory, case law and administrative law.
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In Montana- a crime w/ max of 6 months in jail and $1,000 fine, is a felony or misdemeanor?
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Misdemeanor
