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From Flashcardlet > Business Law Exam 1 > Flashcards

Business Law Exam 1 Flashcards

0
Q

Slander

A

Defamation of character by spoken words or gestures

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1
Q

Trademark

A

Mark that identifies a product

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2
Q

Plaintiff

A

Party who initiates a lawsuit

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3
Q

Judicial

A

The branch of government formed to interpret laws

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4
Q

Deposition

A

The testimony of a witness taken out of the court before a person is authorized to administer oaths

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5
Q

Embezzlement

A

Statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer

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6
Q

Law

A

The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them

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7
Q

Misrepresentation

A

False statement of fact, although made innocently without any intent to deceive

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8
Q

Impeach

A

Using prior inconsistent evidence to challenge the credibility of a waitress

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9
Q

Precedent

A

A decision of the court that stands as the law for the particular problem of the future

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10
Q

Ethics

A

A branch of philosophy dealing with values that relate to the nature of human conduct and values associated with that conduct

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11
Q

Tort

A

Civil wrong that interferes with ones property or person

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12
Q

Prosecutor

A

The party who originates the criminal proceeding

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13
Q

Blackmail

A

Extortion demands made by a non public official

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14
Q

Negligence

A

Failure to exercise due care under the circumstances in consequence of which harm is approximately caused to one to whom the defendant owed a duty to exercise due care

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15
Q

Trade secret

A

Any formula, device, or compilation of information that is used in ones business and is of such a nature that it provides an advantage over competitors who do not have the information

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16
Q

Forgery

A

Fraudulent making or altering an instrument that apparently creates or alters a legal liability of another

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17
Q

Discovery

A

Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation

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18
Q

Cyber squatter

A

Term for those who register and set up domain names on the internet for resale to the famous users of the names in question

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19
Q

Defamation

A

Untrue statement by one party about another to a third party

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20
Q

Crime

A

Violation of the law that is punished as an offense against the state or government

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21
Q

Due process

A

The constitutional right to be heard, question witnesses, and present evidence

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22
Q

Appeal

A

Taking a case to a reviewing court to determine whether the judgment of the lower court or administrative agency was correct

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23
Q

Appropriation

A

Taking of an image, likeness, or name for commercial advantage

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24
Q

Police power

A

The power to govern; the power to adopt laws for the protection of the public health, welfare, safety and morals

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25
Q

Fourth Amendment

A

Amendment to the constitution that speaks to protection of privacy: prohibits unauthorized searches and seizures

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26
Q

Constitution

A

A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed

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27
Q

Answer

A

What a defendant must file to admit or deny facts asserted by the plaintiff

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28
Q

Esign

A

Signature over the internet

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29
Q

Integrity

A

The adherence to ones values and principles despite the costs and consequences

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30
Q

Duty

A

An obligation of law imposed on a person to perform or refrain from performing a certain act

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31
Q

Admissibility

A

The quality of the evidence in a case that allows it to me presented to the jury

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32
Q

Commerce clause

A

The section of the US Constitution allocating business regulation between federal and state governments

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33
Q

Equity

A

The body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England

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34
Q

Felony

A

Criminal offense that is punishable by confinement in prison for more than one year or by death

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35
Q

Federal Register Act

A

Federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activites

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36
Q

Invasion of Privacy

A

Tort of intentional intrusion into the private affairs of another

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37
Q

Right

A

Legal capacity to require another person to perform or refrain from an action

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38
Q

Copy right

A

Exclusive right given by federal statute to the creator of a literary or artistic work to use, reproduce, and display the work

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39
Q

Trespass

A

Unauthorized action with respect to person or property

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40
Q

No ____ exists without a corresponding duty

A

Right

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41
Q

Article VI Section 2 of the Constitution

A

Supreme Law of Land

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42
Q

Administrative Law

A

Rules, orders,regulations, or decisions of administrative agencies

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43
Q

Star Decisis

A

To stand on decided cases

44
Q

Case Law

A

When the judge interprets statutes, constitutions, regulations, and applies the law

45
Q

Courts of Law

A

Money damages (Plantiff/defendant)

46
Q

Court of Equity

A

Specific performance, injunction (Petitioner/Respondent)

47
Q

Courts today don’t grant equitable remedies, unless remedy at laws is ____

A

Inadequate

48
Q

Jurisdiction

A

Power of a court to decide certain types of cases

49
Q

Litigation

A

In court adversarial system of justice

50
Q

7th Amendment of the Constitution

A

Right to a jury trial

51
Q

Positive Law

A

Absent illegality, all behavior is ethical under this simple standard

52
Q

Natural Law

A

Higher standards, can be legal but unethical

53
Q

Civil Disobedience

A

Remedy natural law proponents use to change positive law

54
Q

Rights Theory

A

Everyone has a set of rights that must be protected

55
Q

Ethical egoism theory

A

We should only judge our own ethics and not interfere with others

56
Q

The Utilitarian Theory

A

Do the most good for the most people

57
Q

Moral Relativists

A

Make decisions based on circumstances, not predefined standards

58
Q

Plato & Aristotle: Virtue Ethics

A

Solving dilemmas requires training using honesty justice and fairness.

59
Q

Legislative

A

Makes law

60
Q

Executive

A

Enforces law

61
Q

Silence of Congress Doctrine

A

When the subject has been preempt end, and no state law on the subject may be adopted

62
Q

Effect of a federal Deregulation

A

When the federal government removes regulations from a regulated industry. States can not automatically regulate an industry.

63
Q

____ can regulate any commercial activity in the US

A

Congress

64
Q

Commerce Clause

A

Permits cones to regulate with foreign nations, and among the several states, and with Indian tribes

65
Q

Taxing and Spending Powers- Article 1 Section 8

A

Gives congress the power to lay and collect taxes and pay the debts and provide for the common defense and general welfare of the US

66
Q

5th and 14th Amendment

A

Due Process

67
Q

Taxing and Spending Powers- Congress can spend to promote any objective congress deems worthwhile; however, spending cannot violate ____

A

US Constitutional provisions

68
Q

Reasonable Classification

A

Provides depends on whether the nature of the classification bears reasonable relation to the wrong be remedied

69
Q

Improper Classification

A

Distinctions in business regulation, right to work, and right to use or enjoy property on the basis of race, national origin, or religion are invalid.

70
Q

The Bill of Rights

A

Provides protection for individuals & corporations

71
Q

Administrative Agency

A

Governmental body charged with administering and implementing legislation, created to carry out general policies specified by congress.

72
Q

When you combine legislative, judicial and executive powers

A

Administrative Agency

73
Q

An ______ acts as a specialized court of limited jurisdiction! and has the force of law behind its regulations

A

Administrative Agency

74
Q

Beginning enforcement

A

Private individual or agency may file complaint which is served and answered

75
Q

Administrative Hearing

A

Due process but no right of trial, and generally not subject to the rules of evidence

76
Q

Punishment and enforcement powers of agencies

A

Civil penalty,cease and desist order or require proof of compliance

77
Q

Exhaustion of Administrative Remedies

A

If an agency is acting within its scope of authority, appeal cannot be made before the decision. There are exceptions.

78
Q

Arbitrary and Capricious

A

When an agency changes it’s prior decisions or actions without explanation the action is considered arbitrary and requires reversal

79
Q

Constitutional Rights

A

Challenges to administrative agency rules and actions can be based on violation of constitutional rights

80
Q

Each state has their own ___

A

Criminal statutes and penal codes

81
Q

Misdemeanor

A

Fine or imprisonment less than one year

82
Q

Criminal Act Mental State

A

Intent, not require awareness of guilt

83
Q

Criminal Act or Omission

A

Prohibited guilty act or non-act

84
Q

Penalties

A

Forfeiture- larger fines for businesses than individuals

85
Q

Conspiracies

A

Committed before the actual crime, agreements between two or more people.

86
Q

Perjury

A

Knowingly giving false testimony in a judicial proceeding after having been sworn to tell the truth

87
Q

Larceny

A

Unlawful taking and carrying away of another’s property with the intent to permanently deprive

88
Q

Robbery

A

Taking of money, personal property, or things of value from a person by means of force or fear

89
Q

Burglary

A

Breaking and entering with the intent to commit a felony

90
Q

“Plain View”

A

What allows officials to take property anyone can see

91
Q

5th Amendment

A

Protects against self-incrimination to individuals only

92
Q

6th Amendment

A

Guarantees a speedy trial

93
Q

Intentional Tort

A

When the tortes or has intention to commit the act

94
Q

Difference between assault and battery

A

Assault- not harmful, just a vial threat

Battery- physical contact intentionally performed, but doesn’t mean injured

95
Q

False Imprisonment

A

Physical confinement, any place and anywhere

96
Q

Intentional Infliction of Emotional Distress (IIED)

A

Intentional act that amounts to extreme and outrageous conduct

97
Q

Trespass to land

A

Entry ont, above or below of another’s property without permission

98
Q

Trespass to personal property

A

Wrongful taking, loaning a computer and not getting it back

99
Q

4 elements of negligence

A
  1. Duty
  2. Breach
  3. Causation
100
Q

Foreseeable Risk

A

Risk that a reasonable person would anticipate and guard against

101
Q

2 elements of causation

A
  1. Causation in fact

2. Proximate Cause

102
Q

Comparative Negligence

A

Only collects what the defendant is reliable for

103
Q

Service Mark

A

Any word, name, symbol, device, or combination of these used to identify a service ( Roaring before a movie)

104
Q

Trademarks that need no evidence

A
  1. Coined, fanciful
  2. Arbitrary
  3. Suggestive
105
Q

Trademarks that need evidence

A
  1. Descriptive

5. Generic

106
Q

Copyrights protect the copying of the way am idea is ___ not the idea itself

A

Expressed

107
Q

3 types of patents of federal law

A
  1. Utility
  2. Design
  3. Plant
108
Q

4 legal issues of cyberspace

A
  1. Employment
  2. User
  3. Appropriation and Competition
  4. Contract

From Flashcardlet (3 decks)

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