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English Final > Business and Personal law > Flashcards

Business and Personal law Flashcards

1
Q

Administrative law

A

Regulates the operation and procedures of government agencies.

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2
Q

Case law

A

Laws enacted by the JUDICIAL branch.
Usually made after a trial ended and one of the parties has appealed to a higher court.

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3
Q

Civil law

A

A wrong against an individual person

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4
Q

Jurisdiction

A

The power to decide a case

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5
Q

Liable

A

Responsible by law

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6
Q

Ordinances

A

Law created by a town or city council

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7
Q

Plaintiff

A

The one who sues/goes after the other party

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8
Q

Stare decisis

A

“Let the decision stand”
Doctrine that requires lower courts to follow established case law in deciding similar cases.

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9
Q

Statues

A

Laws enacted by legislative branches of state and federal level (congress)
All states delegate some legislative authority to local governments

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10
Q

Unconstitutional

A

Contrary to or failing to comply with a constitution

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11
Q

Appellat court

A

Reviews decision of lower court when a party claims there was an error.

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12
Q

Mediator

A

3rd party to help develop a solution (not legally binding)

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13
Q

Vicarious criminal liability

A

when one person is held liable for the criminal actions of someone else

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14
Q

Litigate

A

Take dispute to court

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15
Q

Transcript

A

A written or printed version of material originally presented in another medium.

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16
Q

Trial

A

Where a dispte is first heard

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17
Q

Verdict

A

Decision/outcome in a case

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18
Q

Age of majority

A

The age at which an individual will be legally considered an adult

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19
Q

Due process

A

Fair treatment through the normal judicial system, especially as a citizen’s entitlement.

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20
Q

Emancipation

A

The fact or process of being set free from legal, social, or political restrictions; liberation.

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21
Q

Juvenile delinquent

A

a young person who habitually commits criminal acts or offenses.

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22
Q

Bribery

A

Unlawfully offering or giving anything of value to influence performance.

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23
Q

Conspiracy

A

Agreement between two or more persons to commit a crime.

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24
Q

Contempt of court

A

Action that hinders the administration of justice

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25
Q

Crime

A

Punishable crime against society

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26
Q

Criminal intent

A

Intended to commit the act of do evil

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27
Q

Embezzlement

A

Theft or misappropriation of funds placed in one’s trust or belonging to one’s employer.

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28
Q

Extortion

A

Obtaining money or other property from a person by wrongful use of force, fear, or other power of office.

29
Q

False pretenses

A

Obtaining money or other property by lying

30
Q

Felony

A

More serious, punishable by confinement for more than a year or by a fine of $1000 or more or both

31
Q

Forgery

A

Falsely making or materially altering a writing to defraud another

32
Q

Misdemeanor

A

Less serious crimes, jail less than a year, fine or both

33
Q

Perjury

A

The offense of willfully telling an untruth in a court after having taken an oath or affirmation.

34
Q

White collar crimes

A

offenses committed in the business world and do not cause physical injury to people or physical damage to property. EX. not paying taxes

35
Q

Plea bargaining

A

Agree to plea guilty to a less serious crim in exchange for having a more serious charge dropped.

36
Q

Procedural defenses

A

Based on problems with the way evicdence is obtained or way an accused person is arrested, questioned, tried, or punished.

37
Q

Substantive defensive

A

Disprove jury, or excuse, the alleged crime
EX. eye witness

38
Q

Assault

A

One intentionally threatens to injure another

39
Q

Assumption of risk

A

Was aware of risk and did it anyways, could not recover damages.

40
Q

Comparative negligence

A

Both are partially at fault but whoever was more negligent pays more.

41
Q

Contributory negligence

A

Plaintiff cannot recieve for loss caused by anothers negligence when the plaintiff was also negligent

42
Q

Defamation

A

False statement that injures ones reputation

43
Q

False imprisonment

A

Depriving one of freedom of movement without conesnt

44
Q

Intention torts

A

A type of tort that can only result from an intentional act of the defendant.

45
Q

Negligence

A

Carelessness

46
Q

Tort

A

Private offense against an idividual, can sue for damages

47
Q

Trespass

A

Entry onto the property of another without consent

48
Q

Vicarious liability

A

Parents could be liable for child’s behavior

49
Q

Injunction

A

Court order to do or not to do a particular act

50
Q

Closing statement

A

Defendant goes first.
Summarizes evidence to persuade jury in their favor.

51
Q

Defendant

A

The party who was complained against

52
Q

Evidence

A

Is presented to jury

53
Q

Expert witness

A

Posses superior knowledge about facts

54
Q

Jusry instructions

A

Tells jury what the rules of law apply and what issues of fact they must decide.
Decides if the majority of the evidence supports the plaintiffs case.

55
Q

Testimony

A

Given under oath by witness and expert witness

56
Q

Witness

A

Given under oath by witness and expert witnesses

57
Q

Subpoena

A

Written order by the judge commanding a witness to appear and give testimony.

58
Q

Proximate cause

A

When causation is great enough to be recognized by the law

59
Q

4 sources of law

A

Constitution, statues, case law, and administrative regulations

60
Q

Civil vs. criminal law

A

Civil = individual
Criminal = Society

61
Q

Three requirements of an offer

A

Contractual intent, offer must be communicated to offeree, and essential terms must be complete and definite

62
Q

Three things required of an acceptance

A

Must be communicated to the offeree, only the one offered can accept, acceptance must match the offer

63
Q

Substantive defenses

A

Eye witness, alibi, self-defense

64
Q

Procedure for a trial with a jury (in order0)

A

Selection of jury
Opening statements
Presentation of evidence by plaintiff
Presentation of evidence by defendant
Closing arguments
Judge instucts jury
Jury deliberates
Verdict of jury
Judgement

65
Q

Offer

A

Part of contract negotiations where a party agrees to do or not do something in exchange for consideration.

66
Q

Acceptance

A

Agreement to the terms of the contract

67
Q

Counteroffer

A

Change terms; original is terminated

68
Q

Capacity

A

Parties must be able to contract for themselves

English Final (20 decks)

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