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bus250 final Flashcards

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1
Q

What is the purpose of the Separation of Powers?

A

It ensures a system of checks and balances, preventing any one branch from gaining excessive power.

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2
Q

What does the Legislative Branch (Congress) do?

A

Makes laws.

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3
Q

What is the role of the Executive Branch (President)?

A

Enforces laws.

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4
Q

What does the Judicial Branch (Courts) do?

A

Interprets laws.

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5
Q

What is the Commerce Clause?

A

Article I, Section 8 of the Constitution grants Congress the power to regulate commerce among the states.

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6
Q

What does the Supremacy Clause establish?

A

It establishes that the Constitution, federal laws, and treaties are the supreme law of the land, overriding conflicting state laws.

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7
Q

What does the Equal Protection Clause mandate?

A

No state shall deny any person equal protection under the law, applying primarily to state actions.

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8
Q

How does the Bill of Rights apply to state actions?

A

Through incorporation via the 14th Amendment, many protections also apply to state actions.

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9
Q

What is symbolic speech?

A

Nonverbal expressions (e.g., flag burning) are protected under the First Amendment unless they incite illegal activities.

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10
Q

What are Miranda Warnings?

A

Required when a suspect is in custody and subject to interrogation, ensuring awareness of the right to remain silent and to an attorney.

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11
Q

What is entrapment?

A

A defense where law enforcement induces a person to commit a crime they otherwise would not have committed.

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12
Q

What is the Right to Trial by Jury?

A

Guaranteed in criminal cases under the 6th Amendment and in civil cases over $20 under the 7th Amendment.

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13
Q

What is the difference between a misdemeanor and a felony?

A

Misdemeanor: Less severe crimes, punishable by less than one year in jail. Felony: More severe crimes, punishable by more than one year in prison.

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14
Q

What does Employment at Will mean?

A

Employers can terminate employees for any reason, except for illegal reasons (e.g., discrimination).

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15
Q

What does the Civil Rights Act of 1964 prohibit?

A

Employment discrimination based on race, color, religion, sex, or national origin.

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16
Q

What does the Age Discrimination in Employment Act (ADEA) protect?

A

Individuals 40 years and older from workplace discrimination based on age.

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17
Q

What is a whistleblower?

A

An employee who reports illegal or unethical activities within an organization.

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18
Q

What is Quid Pro Quo in sexual harassment?

A

Job benefits contingent on sexual favors.

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19
Q

What constitutes a Hostile Work Environment?

A

Unwelcome conduct creating an intimidating or offensive work environment.

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20
Q

What are the elements of an enforceable contract?

A

Offer, Acceptance, Consideration, Capacity, Legality, Consent, Writing (if required by the Statute of Frauds).

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21
Q

What is consideration in contract law?

A

Something of value exchanged between parties; a mere promise without exchange is not sufficient.

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22
Q

What is the difference between liquidated and unliquidated damages?

A

Liquidated: Pre-determined damages agreed upon in the contract. Unliquidated: Damages not specified, requiring court determination.

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23
Q

What is the difference between compensatory and punitive damages?

A

Compensatory: Intended to reimburse actual losses. Punitive: Intended to punish and deter egregious conduct.

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24
Q

What is the difference between libel and slander?

A

Libel: Written defamation. Slander: Spoken defamation.

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25
What must a plaintiff prove in a negligence case?
Duty, breach, causation, and damages.
26
What are ultrahazardous activities?
Activities inherently dangerous, leading to strict liability regardless of precautions taken.
27
What is a fiduciary relationship?
A relationship of trust where one party (fiduciary) must act in the best interest of another (beneficiary).
28
What are agency relationships?
Principal: The party who authorizes another to act on their behalf. Agent: The party authorized to act.
29
What is an easement?
A non-possessory right to use another's land for a specific purpose.
30
What is the difference between real and personal property?
Real Property: Land and anything attached to it. Personal Property: Movable items not attached to land.
31
What is bankruptcy?
Legal process for individuals or businesses unable to repay debts.
32
What is discharged debt?
Debt that is eliminated through bankruptcy proceedings.
33
What is intestate succession?
Occurs when a person dies without a will; state laws determine asset distribution.
34
What is a disinherited child?
A child explicitly excluded from a will.
35
What are the requirements for a will?
Must be in writing, signed by the testator, and witnessed as per state laws.
36
What is a security interest?
A legal claim on collateral that secures payment or performance of an obligation.
37
What is the Mailbox Rule?
An acceptance of an offer becomes effective upon dispatch (e.g., mailing), not upon receipt.
38
What is an unconscionable contract?
A contract so unfair to one party that no reasonable person would agree to it.
39
What are remedies for fraud?
Rescission of the contract and/or damages to compensate for losses incurred.
40
What do patents protect?
Inventions, granting exclusive rights to the inventor for a certain period.
41
What do trademarks protect?
Brand identifiers like logos and names; the Nike 'swoosh' is a prime example.
42
What does 'separation of powers' mean?
It means dividing government into 3 branches (legislative, executive, judicial) to prevent any one branch from becoming too powerful.
43
Is symbolic speech protected by the First Amendment?
Yes, symbolic speech (like flag burning or wearing armbands) is protected unless it incites violence or illegal actions.
44
Which branch regulates interstate commerce?
The legislative branch (Congress) has the power to regulate interstate commerce.
45
What is a fiduciary relationship?
A relationship where one party must act in the best interest of another (e.g., agent and principal).
46
What is the Supremacy Clause?
It states that federal law is the supreme law of the land and overrides state laws.
47
What does 'employment at will' mean?
Employers can fire employees at any time without reason, and employees can quit at any time.
48
What is the Equal Protection Clause?
It ensures all citizens are treated equally under the law; applies to state actions.
49
What protections does the Constitution apply to?
It protects against government actions, not actions by private individuals.
50
What is a security interest?
A legal claim on collateral that secures a loan.
51
What is entrapment?
When law enforcement tricks someone into committing a crime they wouldn’t normally do.
52
What is the difference between a misdemeanor and a felony?
Misdemeanor = minor crime (under 1 year); Felony = serious crime (over 1 year in prison).
53
What are Miranda warnings used for?
To inform arrested individuals of their rights (e.g., right to remain silent, right to a lawyer).
54
When does the right to a jury trial begin?
In criminal cases, when potential punishment is over 6 months.
55
Is the First Amendment an absolute right?
No, it has limits (e.g., no threats, defamation, or inciting violence).
56
What’s the difference between compensatory and punitive damages?
Compensatory = covers loss; Punitive = punishes wrongdoer.
57
What is libel and slander?
Libel = written defamation; Slander = spoken defamation.
58
What are ultrahazardous activities?
Extremely dangerous actions where a person is liable even without fault (e.g., blasting).
59
What must a plaintiff prove in a negligence case?
Duty, breach, causation, and damages.
60
When is a search warrant not required?
In emergencies, consent searches, plain view, or during a lawful arrest.
61
What is the mailbox rule?
Acceptance is valid when sent, not when received.
62
Is an offer to open a store consideration in a contract?
No, consideration must be something of value exchanged.
63
What are liquidated vs. unliquidated damages?
Liquidated = agreed-upon amount in advance; Unliquidated = amount disputed or unclear.
64
What were early U.S. laws like?
Based on English common law with modifications for local needs.
65
What is an unconscionable contract?
A contract so unfair it shocks the conscience and may not be enforced.
66
What remedies exist for fraud in contracts?
Rescission (canceling contract) or damages (compensation).
67
What is someone called who dies without a will?
Intestate.
68
What happens if one party breaches a contract?
The other party may sue for damages or request performance.
69
What interests do courts look at in contract cases?
Expectation, reliance, and restitution interests.
70
Who is liable for their own torts in an agency relationship?
The agent is always liable for their own wrongful acts.
71
What is an easement?
The right to use someone else’s land for a specific purpose.
72
What are the duties of a principal vs. agent?
Principal: pay and not interfere; Agent: act loyally and follow instructions.
73
What is a whistleblower?
Someone who reports illegal or unethical behavior within a company.
74
What does the Civil Rights Act of 1964 prohibit?
Discrimination in employment based on race, color, religion, sex, or national origin.
75
What happens if steps of following a will are not followed?
The will may be invalid and estate goes through intestacy laws.
76
What is a beneficiary under a policy?
The person who receives money or benefits from an insurance policy or will.
77
What is the age limit under the Age Discrimination in Employment Act?
Protects workers 40 years and older.
78
What’s the ease of creating a sole proprietorship?
Very easy and cheap—no formal paperwork required.
79
What is sexual harassment?
Unwanted sexual advances or conduct creating a hostile work environment.
80
What are the legal requirements for creating a will?
Must be written, signed, and witnessed by competent adults.
81
What is a child called who is excluded from a will?
A disinherited child.
82
What happens when you file for bankruptcy?
You get protection from creditors, and debts may be discharged.
83
What is a discharged debt?
A debt you are no longer legally required to pay.
84
What is a specific type of patent called?
Utility patent (for inventions), design patent (for appearances), plant patent (for new plants).
85
What is the Nike swoosh an example of?
A trademark (protects logos, names, symbols).
86
What is and isn’t real property?
Real property = land and buildings. Not real property = personal belongings.
87
What are the 7 essential elements of an enforceable contract?
Offer, acceptance, consideration, capacity, legality, intent, and writing (if required).

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