Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

ACCT 201A > MGMT 246 > Flashcards

MGMT 246 Flashcards

1
Q

Felony

A

any crime punital at state penetry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Misdemeanor

A

anything else (night @jail/fine)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Infraction

A

if you dont mean it, might not be a crime called negligence

ex) parking tickets, jay walking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Larceny

A

Wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the owner thereof

ex) stealing; took personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Robbery

A

taking of personal property; Larceny with force or threat of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Burglary

A

BREAKING an ENTERING the dwelling house of another at night with the INTENT to commit a felony therein

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Arson (not on exam)

A

Intentional burning of the dwelling house of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Forgery

A

FRAUD - The fraudulent making or altering of a document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Cyber Theft

A

obtaining, altering, spying and other fraudulent acts involving electronic/ computer information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Types of Defense (legal excuse) to crimes

A

Self defense
insanity, infancy and intoxication
immunity
statue of limitations
double jeopardy (5th amendment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Torts (TYPES/ FORMULA)

A

Duty
Breach
Cause
Damages
Defenses

ASSULT + BATTERY = TORTS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Immunity

A

FREEDOM FOR EXCHANGE - a chance of self incrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Statue of limitations

A

Crimes = Civil wrongs: prosecute certain # years

SPEEDY TRIAL 6TH AMENDMENT (TIME, CRIME)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Double Jeopardy

A

5th amendment- Can’t be charged w/ same crime twice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the Various of Torts? (8)

A

Intentional infliction of emotional distress
fraud
defamation
Interference with contractual relations
Invasion of privacy
Trespass
Assault
Battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the types of Defamation?

A

Libel-Written
Slander- Verbal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Battery

A

is the harmful or offensive unconsented touching of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Assault

A

is an attempted battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Negligence

A

is the failure to act as a reasonable person would act under similar circumstances

  • involves mental state in which defendant unjustified , substantial, forcable risk that results in harm.

EX) killing someone on accident

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the types of Negligence?

A

Defenses to Negligence
Res Ipsa Loquitur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Defense to Negligence

A
  1. Assumption of the Risk
  2. Contributory Negligence
  3. Comparative Negligence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Res Ipsa Loquitur

A

The facts speak for themselves

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Professor Dog Name and how much does he weight?

A

Butch; 120lbs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the constitutions 3 branches

A

Executive- white house (people pleaser)
Legislative- congress
Judicial- courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Law Definition and types?

A

Provide structure; criminal & civil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Criminal law

A

The people
ex) Mexico v. United States

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Civil law

A

everything else (contracts/accidents)
ex) people v. people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Common Law

A

A case law with a judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Modern law

A

first law- U.S constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Courts

A

to hear and decide disputes; sometimes 3 or 1 judges reason for being a body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Types of Courts

A

State and Federal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Jurisdiction

A

Each type of power or authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Types of Jurisdiction

A

(I) original jurisdiction- trial court
(II) Appellate Jurisdiction - do not conduct under trial
- review trial court/nothing
- no new evidence
(III) General Jurisdiction - state: family law
(divorce, children, will)
- limited: hear 1 type of matter (copy right, tax, bankruptcy)

34
Q

Federal Court System

A

a) U.S. supreme court (highest court)
- picked whatever case they want
-created by U.S. constitution
b) federal court of appeal - circuit court
c) district court - placed every city like McDonalds
d) other federal courts (tax, patent, admiralty, etc.)

35
Q

State Court System

A

all trial courts: state supreme, state courts of appeal, superior, municipal, small claims

36
Q

Codes

A

created by authors (someone signing doc)

37
Q

Case

A

decisions….

38
Q

Court Procedures?

A

1) complaint - plantiff (filing sue complaint)
2) service of process (SUMMON - served)
3) Answer (other response) - defendant story; failed to respond the plantiff wins by default
4) motion - request (move court date)
5) discovery - evidence (build case)
6) trial - each side please case
7) Post trial- jury decides

39
Q

steps in trial?

A

trier of facts (jury or judge)
evidence (testimony tangible)
examination (direct-cross)
opening statement (closing argument)

40
Q

Post trial?

A

a) mistrial
b) judgment
c) appeal
d) execution

41
Q

defendant

A

if failed to respond, plantiff wins by default

42
Q

which case is priority?

A

criminal are priority over civil cases

43
Q

intent

A

if you didnt mean it might not be a crime called negligence

ex) shot gun- cleaning riffle killed someone

44
Q

state security law is referred to as…?

A

blue sky laws

45
Q

sole Proprietorship

A

Typically thought of as a “mom and pop” or family business

46
Q

Sole Proprietorship attributes

A

(+) attributes: easy to form, manage, inexpensive, easy to control
(-) attributes: personal liability, limited money- only use the money you borrow or have

47
Q

Partnership

A

is a contractual (contract) relationship for a common business venture that may be verbal or written

48
Q

Types of Partnership

A

General - comprised of two (2) or more partners
Pro: easy, inexpensive, enhance ability to raise capital, diverse, visual for al the debt
Cons: joint, several personal liability of all
Limited - compised of two (2) groups of partners with at least (1) partner in each group

ex) doctors, lawyer that want to invest

pros- raise capital (money), significant tax benefits
cons - difficult manage, expensive

49
Q

Franchise

A

is not a type of business, it is a method of doing business.

EX) mcdonald’s

50
Q

LLC - Limited Liability Company

A

corporation and company combined - is a person, lives forever

def: hybrid that combines the limited liability aspect of a corporation and the tax advantage of a partnership

51
Q

article of organizations

A

must be filed with a central state agency— usually the secretary of state’s office

52
Q

LLC advantage and agreement

A

advantage - owners have limited liability
Agreement- operate needs a structure

53
Q

Tort liability

A

shield of liability “personal liability” - to protect you

54
Q

criminal acts:

A

if your corporation dumps poisonous toxic waste down the river, its a crime, at common law the owners’ shareholders wont go to jail

Modern law they don’t care, you would go to jail

55
Q

Public and private corporations:

A

public, private you start at your home like amazon and no it is public on “air”.

Google is goes public with their stocks; money starts coming

56
Q

nonprofit organization

A

chairty - doesnt pay taxes

57
Q

Corporations

A

in order to finally breath and live prepare the bylaws

enter contracts, own property, party to lawsuits, hire, fire

pros: raise capital, shareholders director- manage, officer
cons: difficult manage, more expensive, complicated, business structure

58
Q

debt v. equity

A

debt - loans/selling bonds
benefit debt - no personal liabililty
equity - selling stocks

59
Q

would be hard to tax?

A

when a corporation makes money and earns profit pays income tax and then if your corperation gives you money you pay taxes.

shareholders- tax twice, in order to avoid double taxation

  • we want IRS to ignore the profits earned and charge the individual shareholders owners
60
Q

Miscellaneous

A

a) ownership of each type of business organization
b) how to create each business organization
c) how to raise capital - private vs. public and stocks vs. bonds
d) role of government
e) ethical issues for business
f) other legal issues

61
Q

Real Estate

A

English common law
i) to the “center of the earth” and “to heaven”
ii) reasonable use- modern law

62
Q

types of property

A

compare and contrast intellectual, real, and personal property

63
Q

difference between “ownership” and “possession”

A
64
Q

Types of ownership

A

a) fee simple
b) life estate
c) pur autri vie

65
Q

types of possession

A

a) leases
i. tenancy for years
ii. periodic
iii. month to month
b) easement - the right to use another person’s property for a specific purpose

66
Q

Title “vesting”

A

a) grant deed vs. bill of sale
b) sole of multiple owners
i. tenant in common
ii. joint tenancy
iii. community property (California)
iv. other states
c) common law vs. modern law ownership priority
i. first in time- first in right
ii. race notice

67
Q

legal aspects of real estate finance

A

a) mortgage
b)escrow
c) the “players” -bank, seller, buyer, and broker -contract issues.
d) basic documents
e) foreclosure

68
Q

Antitrust

A

public policy is to enhance competition in the market place by preventing unreasonable restraints on trade (monopoly -consipiracy)

69
Q

Sherman Act.

A

Federal law passed in 1890 which attempts to prohibits “conspiracies” between businesses

70
Q

Clayton act.

A

prohibits monopolies

71
Q

Robinson Pattman Act

A

prohibits price discrimination

72
Q

Horizontal and Vertical…

A

may violate antitrust laws (automatic)

73
Q

“33” and “34: securities acts

A

federal law regulating initial issuance and resale of securtities

74
Q

Term “securities”…

A

is not limites to stock

75
Q

securities exchange commision

A

federal regulator

76
Q

SEC Rules- 10b5,

A

Prohibits fraud

77
Q

16b

A
  • Short swing profits
78
Q

14a

A

proxy solicitations

79
Q

“insider trading” and “tippee”…

A

liability and ethical issues

80
Q

types of stock

A

common
preferred
debt v. equity

ACCT 201A (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions