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Business Law > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

Define Equitable Remedies and give the three examples:

A

Redresses a wrong that is unable to be made up for with money (includes injunctions, Specific performance, recision)

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2
Q

An order to start doing something or stop doing something is:

A

Injunction (stop saying someone is a bozo)

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3
Q

Define: Specific Performance

A

Making someone do what they committed to doing

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4
Q

Define: Rescision

A

Rescinds/stops a contract due to a breach in contract

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5
Q

Who system is the US legal system based on?

A

English Legal System

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6
Q

Ex: A higher court passes a judgment and calls the judgment negligence. The lower courts now follow the same requirements. This is an example of

A

Following Precident

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7
Q

T or F courts can act against prescient if they believe the law is wrong or the situation is different.

A

True

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8
Q

Can courts look at public policy and social values?

A

Yes

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9
Q

Give another name for Appellate Court.

A

Appeals court

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10
Q

When an Appellate Court makes a decisions it is called a(n). (When they create a law)

A

Opinion

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11
Q

To make a ruling an Appellate court must have ______ ________.

A

Majority Opinion

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12
Q

If a member of an Appellate court votes with the Majority Opinion but wishes to make some changes they may draft a ________ _______.

A

Concurring Opinion

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13
Q

If a member of an Appellate court votes against the Majority Opinion and wishes to make changes they may draft a _______ _______.

A

Discenting Opinion

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14
Q

Define Plaintiff:

A

The entity filing the complaint in a Civil Case

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15
Q

T or F: You can have a defendant in both Civil and Criminal Cases

A

True

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16
Q

Define Prosecution:

A

The entity filing the complaint in a Criminal Case; (PRO CRIMINAL)

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17
Q

The person who appeals a ruling from a civil or criminal case to higher court is called:

A

The Appellant

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18
Q

The person who does NOT want an appeal, believes the trial came out correct is called:

A

The Appellee

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19
Q

T or False: Case names show who won and who lost

A

FALSE they to NOT

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20
Q

What is the Full Faith in Credit Clause?

A

Causes States to honor their agreements with other states

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21
Q

What two things do states have to honor due to the Full Faith in Credit Clause?

A

-Judicial pronouncements -Contracts

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22
Q

What gave congress the power to regulate interstate commerce?

A

Commerce Clause

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23
Q

Does the Commerce cause allow Congress to regulate local commerce?

A

Nope

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24
Q

If a state law contradicts a federal law which takes precedent? and what in the constitution cause this?

A

Federal law supersedes, Supremacy Clause

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25
Which amendment covers the freedom of the press?
First Amendment.
26
Is commercial speech protected in the first amendment?
Yes, but not as much as political speech
27
Define Strict Scrutiny
-Directly advance a substantial government interest -Goes no further than necessary
28
Define: Black Letter Law
Exactly as the law is stated
29
A promissory note is an example of a(n)
Negotiable Instrument
30
T or F. A creditor has the right to pursue the assets of the consumer.
True
31
Does intellectual property include trademarks?
Yes
32
Define: Constitutional Law
Primal Law, hold supreme over all other laws.
33
Which three groups create statutory laws?
Congress (Federal), State Legislature (State), City Council (local)
34
Who creates Administrative Laws?
Federal Agencies (ex: FDA)
35
What do Case Law and Common Law have in common?
Essentially the Same, Judge-made Laws.
36
Courts of Law award _____ for \_\_\_\_\_\_.
Money, Damages
37
Courts of Equity award what for retribution?
Specific performance, injunction, and rescissions.
38
Equitable court cannot enforce \_\_\_\_\_\_\_\_\_.
Servitude
39
Third Party induces one or more parties to break contract. Done with intent and damages, is an example of ________ \_\_\_ ___________ \_\_\_\_\_\_\_\_\_\_\_\_.
Interference with Contractual Relationship:
40
Trying to drive someone out of business with Predatory Behavior No contract involved is ____________ \_\_\_ _ \_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_.
Interference with a Business Relationship
41
Define Trespass
Entering onto someones property without permission or failure to leave when permission has been rescinded
42
True or False: If you have license they may enter and cannot be liable for trespass (ex: gas company checking the meter)
True (not liable)
43
Define: Trespass to Personal Property
Exercising dominion over someone else's property
44
Name the 5 elements of Negligence
1- Duty (act in reasonable manner) 2-Breach of Duty 3-Causation in Fact 4-Proximate causation (was it foreseeable) 5-Damages
45
Not returning someone's property after it has been lent is an example of:
Conversion
46
Another Name for Causation in Fact.
But for Causation- If it wasn't for these actions it wouldn't have happened.
47
Can a person be sued for not rescuing another?
No, (Rescue doctrine protects you)
48
When Professionals are being sued they are held to a ______ \_\_\_\_\_\_\_\_.
Higher standard
49
All _____ \_\_\_\_\_\_\_ Damages.
Torts, Require
50
Defense to Negligence
-Assumable Risk -Contributory Negligence -Comparative Negligence -Good Samaritan Statute
51
Define Contributory Negligence:
If plaintiff and defendant were negligent, plaintiff would receive nothing due to their own negligence.
52
You were helping someone who is injured and you accidentally hurt them further, what protects you against negligence charges?
Good Samaritan Statute
53
Define Tortfeasor:
Wrongdoer, Person who commits a tort
54
Negligence Per Se
Violate the statute you don't have to prove Duty and Breach of Duty
55
Define Larceny
The act of stealing from someone (pick pocketing)
56
Define Robbery
The act of stealing someone under threat of force (pulling a gun and demanding money)
57
What is the difference between Larceny and Robbery? (Give an example)
Larceny is theft, robbery is theft under threat of force.
58
Falsifying anything is known as \_\_\_\_\_\_\_.
Forgery
59
How long can misdemeanors be punished for in prison?
Less than 1 year
60
Felony's can be punished in prison for more or less than 1 year?
More than 1 year
61
The crime of having assets legally under your control but divert them illegally.
Embezzlement (an accountant)
62
T or F, As soon as you have offered a bribe you have committed bribery.
True
63
Laundering
Taking illegally obtained funds and siphoning them through a legal business to make it appear legal.
64
Define: Exclusionary Rule
If police do an illegal search, anything found during that search will be excluded
65
If Prosecution charges someone for a crime it is known as:
Information
66
If a Grande Jury charges someone with a crime it is known as:
Indictment
67
I buy something online, send them the money but they never send it. This is:
Online Retail Fraud
68
I buy something on an online auction site, they never send it. This is:
Online Auction Fraud
69
Define Phishing
Using the internet to get people to divulge personal information for illegal purposes.
70
\_\_\_\_\_\_\_ is using a telephone to get someone to divulge their personal information.
Vishing
71
What makes it difficult to prosecute online retail/auction fraud?
Issues of Juristiction
72
The dormant commercial clause
a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce.
73
4th Amendment rights protect against:
Illegal Search and Seizure
74
5th Amendment right protect against:
Testifying against yourself (plead the 5th) Due process
75
What role does the establishment clause perform?
The government cannot establish a national religion.
76
What role does the free exercise clause perform?
Government unable to regulate sincere beliefs of a religion
77
What free speech is not protected by the 1st amendment?
-Violates Criminal Laws- Conspiracy to commit crime -Fighting Words- (verbal assault) -Defamatory Speech- Lying about Somebody -Obscenity- ex: Child Porn
78
Describe the differences between Assault and Battery:
Assault Includes: The reasonable apprehension or fear of the immediate contact.' Battery Includes: (Someone comes and hits your from behind would not be assault (no apprehension) only Battery)
79
Describe the Differences between Libel and Slander:
Libel=Written-Defamation Slander=Spoken-Defamation
80
\_\_\_\_\_\_\_\_\_\_\_ is the use of another’s name or likeness without permission and for the user’s benefit
Appropriation
81
When someone has committed a tort they are \_\_\_\_\_\_.
Liable=Tort
82
When someone has committed a crime they are \_\_\_\_\_\_.
Guilty=Crime
83
The latin term meaning: Action of committing crime
Actus Reus
84
The latin term meaning: Criminal Intent
Mens rea

Business Law (6 decks)

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