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MGMT 246 > Exam 1 Terms > Flashcards

Exam 1 Terms Flashcards

(62 cards)

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1
Q

Law

A

the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties

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2
Q

Common Law

A

based on court decision rather than codes or statues
- foundation of law
all verbal no written material

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3
Q

Modern Law

A

law in modern tiems; adoption of the US constitution
- 1st written law of the land

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4
Q

Code Law

A

a written law, written & passed by LEGISLATURE
- systematic collection of statues, written & signed

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5
Q

Case Law

A

The body of law developed from JUDICIAL opinions or decisions over time; decisions made by the court
- interprets code law bc it can be ambiguous

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6
Q

jurisdiction

A

power or legal authority demonstrated by a judge
- a court must have jurisdiction to hear disputes
- different courts have different jurisdiction

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7
Q

Original jurisdiction
Appellate Jurisdiction

A

trial begins here
- where disputes happen
- trial court: where cases are first heart and decided; starting point for legal disputes in the judicial system

Review what happened at the trial/lower level
- if they see mistake, they recommend how to do it
- if it is right, it is affirmed

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8
Q

General Jurisdiction

A

a court’s authority to hear any type of case which is not vested in another court
- no specialty
- judge can murder trial and car accident trial on the same day

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9
Q

Limited Jurisdiction

A

hears one type of matter & 1 only
- ex: tax courts, copyright court
- specialty courts: bankruptcy court, patented rights courts, family law

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10
Q

state

A

no authority over other states except its own

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11
Q

federal

A

federal law matters only
- disputes the constitutionality of the law

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12
Q

federal court system

A

federal court hears federal law matter
- can render decisions that affect the whole country

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13
Q

US supreme court

A

if you lose your case, hire a lobbyist to create a new law

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14
Q

federal court of appeal

A

circuit court

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15
Q

district court

A

trial court on the federal side

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16
Q

other federal courts

A

tax, patent, admiralty, etc
- limited jurisdiction

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17
Q

State Court system (Superior, Municipal, Small Claims)

A

Superior - over 50,000 in disputes
Municipal - up to 50,000 in disputes
Small claims - up to 25,000; all trials

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18
Q

Defedant

A

Person being used

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19
Q

Plaintiff

A

Writes up the law suit

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20
Q

Service of Process (summons)

A

the other side must get copies of any paper you file with the court

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21
Q

Due process (5th & 14th amendment)

A

NO person shall be deprived of life liberty and property without hearing
- always right to defense

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22
Q

Punitive damages
(permitted in ___ but not ____)

A

permitted in tort law but not contract law

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23
Q

criminal law

A

public wrongdoing deprives you of your liberty

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24
Q

civil law

A

private wrongdoing
- civil wrongdoing to you

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25
Crime
breach of our obligation to society
26
Tort
breach of our obligation to each other - intentional infliction of emotional distress
27
Degree of Convicting
a jury is beyond reasonable doubt - persecution burden of proof
28
what happens in criminal matter
the jury cannot take a stand against the plaintiff
29
3 classifications of crimes
felony: any crimes punishable by 1 year or more in state penitentiary misdemeanor: anything other than a felony infraction: small misdemeanors (parking ticket, littering)
30
Mens Rea
mental intent to do something
31
mental intent ( commission, omission)
could not tell the difference between right or wrong at the time of crime - insanity, intoxication Commission: intentional Omission - negligence
32
Larceny
wrongful taking and carrying away of the personal property of another with the INTENT to deprive the owner thereof permanently - cant steal real estate
33
Robbery
Larceny w/ force or threat of force
34
Burglary
Breaking & entering the dwelling house of another at night with the INTENT to commit a felony therein - ONLY AT NIGHT
35
arson
intentional burning of the dwelling house of another
36
forgery
the fraudulent making or altering of a document
37
cyber theft
obtaining, altering, spying, and other fraudulent acts involving electronic/computer information
38
insider trading
the illegal practice of trading on the stock exchange to one's own advantage through having access to confidential information
39
self- defense
justifiable use of force, like kind force - cant use force against robbing house if no force is used
40
insanity
lack of understanding and does not have mental capacity
41
infancy
underage of majority, do not have mental capacity to differ between right & wrong
42
intoxication
involuntary intoxication does not make you responsible for crime
43
statue of limitation (what amendment)
6th amendment - entitled to a fair and speedy trial
44
double jeopardy, what amendment
5th amendment - the government cannot prosecute you for the same crime twice
45
fraud
misstatement of fact for the purpose of someone doing something they would have done had they had known the truth
46
defamation (libel & slander)
INTENTIONAL tort against your reputation, not your person or property - Libel: written; publication of defamatory statement - Slander: verbal; spoken defamatory statements
47
Interference with contractural relations
valid, enforceable, contract must exist between two parties, third party must intentionally induce a party to break the contract
48
Invasion of Privacy
the right to be left alone
49
Trepass
the unconsented entry upon the land of another
50
assault & battery
battery: is the harmful or offensive unconsented touching of another assault: attempted battery
51
emotional distress
outrageous conduct; behavior that is so inappropriate that it's outside the bounds of what is tolerated in society
52
Negligence
failure to act as reasonable person would act under similar circumstances - not intentional but the injury happened anyways
53
Assumption of the Risk
Aware of the possible consequences (assume a KNOWN risk, not an UNKNOWN risk)
54
contributory negligence
you contribute to your own injury and are not allowed any compensation
55
comparative negligence
both the plaintiff's and the defendant's negligence are computed, and the liability for damages is distributed accordingly
56
Res Ipsa Loquitur
the facts speak for themselves
57
Product liability (Manufacturer & design defect)
When product defects cause injury or property damage to consumers, users, or bystanders, should foresee potential misuses of the product M: manufacturer fails to assemble product correctly and release it into commercial commerce D: faulty design
58
strict liability
liability without fault (a person who engages in certain activities can be help responsible for any harm that results to others, even if the person used utmost care)
59
Alternatives to going to court (3 reasons, 3 alternatives)
1. less expensive, 2. faster, 3. better results: dont want jury, render a decision 1.Negotiation - parties negotiate settlement 2. compromise - both parties are unhappy and make compromise 3. mediation - family law court: mediator has no authority to resolve a dispute, offers suggestions
60
Arbitration
parties hire someone, pays then and confer to the arbitrator the power to render decisions for the parties
61
identify the list of crimes (7)
1. Larceny, 2. Robbery, 3. Burglary, 4. Arson 5. Forgery, 6. Cyber Theft, 7. Insider trading
62
list the torts (7)
fraud, defamation, interference with contractural relations, invasion of privacy, trespass, assault & battery, emotional distress

MGMT 246 (3 decks)

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