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Business law > Test 1 > Flashcards

Test 1 Flashcards

(57 cards)

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1
Q

Sovereign

A

Person/thing that rules

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2
Q

13th amendment

A

Abolish slavery

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3
Q

19th amendment

A

Women’s right to vote

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4
Q

Brown vs board of education

A

Desegregation

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5
Q

Needs of the legal system

A

Reasonable
Flexible
Practical
Published
Final

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6
Q

House of Reps is responsible for?

A

Bills for raising revenue
Impeaching federal officials including judges

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7
Q

Senate is responsible for ?

A

Advise and consent with respect to all executive federal appointments
Sole tier of impeachments

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8
Q

Three branches of government

A

Legislative
Executive
Judicial

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9
Q

What is a courts jurisdiction?

A

Power to hear cases and render decisions

Could be physical area, subject matter as defined but constitution or statute
In personam over this person

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10
Q

Judicial gloss

A

Judges interpretation of law, is as binding as the law itself

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11
Q

Stare decisis

A

Let the decision stand

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12
Q

What is the burden of proof for civil vs criminal trials

A

Civil more then 50% does not have to be 100% preponderance of guilt

Criminal beyond reasonable doubt almost 100%

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13
Q

Inferior trial courts

A

Justice of the peace
Municipal courts
Traffic court
Small claims
Probate

Created by state statue and limited subject matter jurisdiction

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14
Q

Courts of general jurisdiction

A

Trial courts with evidence, witnesses, sometimes a jury

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15
Q

State Appellate courts

A

Never hear cases
Hear appeals based on legal arguments only
Determine if law was misapplied, serious defect in trial

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16
Q

State supreme courts

A

Created by constitution of state hears appeals from appellate court

Ultimately determine common law

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17
Q

Federal trial courts of limited jurisdiction

A

Bankruptcy
Tax
US claims

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18
Q

US states district courts

A

Created by federal statute
Federal trial courts
>$75,000
Or federal question

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19
Q

US court of appeals

A

11 district courts
Court of appeals for DC
Federal circuit court of appeals - hears appeals from all specialized federal courts

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20
Q

US Supreme Court

A

Created in article III of constitution
Hears appeals from federal appellate courts
Decisions are binding in ALL other courts

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21
Q

Role of a lawyer

A

Officer of the court
Zealous advocate of client
Confidant

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22
Q

Elements of a civil suit

A

Duty
Breach
Damage
Causation

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23
Q

Remedies in a civil trial

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A

Money, Compensation and punitive
Specific performance (finish a contract etc)
Injunction (stop doing something)

24
Q

Anatomy of civil suit

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A

Interview with client/lawyer
Lawyer investigates
Negotiate a settlement if fails-
File civil suit
Defendant answers
Pre trial proceedings
Trial
Appeal

25
What are the pretrial proceedings?
Methods used to get facts of a case Deposition Interrogatories Production of things and documents (pics/reports etc) Request for admission Physical or mental exams
26
What freedoms are guaranteed in 1st amendment
Speech Press Assembly Religion To petition the government
27
2nd amendment
Right to bear arms
28
3rd amendment
Soldiers cannot be housed in personal homes without consent during peace times
29
4th amendment
Freedom from searches.
30
5th amendment
Right to die processs and freedoms from incrimination of oneself Plead the 5th
31
6th amendment
Right to a speedy trial
32
7th amendment
Trial by jury
33
8h amendment
Protection against cruel and unusual punishment
34
10h amendment
Powers not delegated by the US constitution are relegated to the states.
35
What is habeas corpus
Court order against unlawful and indefinite imprisonment
36
Ex post facto laws
You can not punish someone for something if it was not illegal when it was committed.
37
No Bills of attainer
You can not punish someone without judicial trial
38
What are the 3 levels of torts
Intentional - simple duty to avoid Negligence - reasonable duty to avoid Strict liability- strict duty to avoid
39
What is negligence
Wrongs citizens have a reasonable duty to avoid, when you do anything with a foreseeable risk of harm to another person or their property you must act with reasonable care
40
Intentional torts
Assault Battery Trespass Conversion False imprisonment Libel or slander Defamation of character Invasion of privacy Fraud Emotional distress (intentional) Interference with contract Interference with business contract
41
What is the difference between a tort and a crime
Torts are determined by common law/civil law and crimes are defined by a statute
42
What is strict liability
The harmful results of certain activities regardless of intention Ultra hazardous activity: blasting, toxic chemicals etc
43
What is the purposes of criminal law
Deterrence -don’t do it again Protection to the public Retribution to the one seeking justice Rehabilitation of the criminal
44
Defenses to torts
Assumption of risk - victim knew there was a risk (hit by a golf ball on golf course) Contributory negligence(common) competitive negligence (statutory)-no one person at fault Misuse or abuse of the product Necessity Privilege True
45
Mens rea (particular mental state)
Intention of knowledge of wrongdoing in a crime General intent Specific intent Gross recklessness No intent
46
Substantive
Defines criminal activity and provides sanctions. Most have actus reus and mens rea
47
Mens rea
Mental state General intent Specific intent Gross recklessness No intent-strict liability (actus reus only)
48
Classes of substantive crimes
Mala in se -evil in and of itself - murder, arson serious moral failure Mata prohibita - prohibited wrongs- crimes that are only crimes because of a law - not paying taxes, speeding, noise
49
Procedural law
Methods by which the laws are enforced and how the legal proceedings are conducted.
50
Which ammedments refer to procedural law
4th, 5th, & 6th
51
Sanctions for criminal law
Fines Injunctions/restraining orders Supervised probation Incarceration Loss of rights: voting, bear arms, etc Death
52
Defenses for criminal trial
Self defense -varies by state Justification - speeding to ER Insanity- includes intoxication Duress- direct threat -gun to head Coercion-threat to someone close to you
53
Defense of negligence tort
Assumption of risk Contributory negligence -common law Comparative- statutory
54
Defense of strict liability
None in ultra dangerous situations Misuse or abuse of product Necessity
55
What is an adversarial system
Not an objective search for the truth
56
Article 1 did what?
Created legislative branch of government, congress and its specific powers
57
Article 1 did what?
Created legislative branch of government, congress and its specific powers

Business law (3 decks)

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