Business Law Sp 2011
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Created by:
tamarajisaac on February 20, 2011
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Dawkins ARC
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71 terms
Terms | Definitions |
|---|---|
 The Law | A system of social control that recognizes and forces rights and duties |
| 1/2 fundamental indiv rights | personal rights |
| 1/2 fundamental indiv rights | property rights |
| Study of law | jurisprudence |
| 1/3 major schools of jurisprudence | natural school of law |
| 1/3 major school of jurisprudence | the historical school |
| 1/3 major school of jurisprudene | the school of legal positivism |
| The natural school of law beliefs | God/nature is the source of the law. preordained rights |
| The historical school of law beliefs | defines the law as rules that have been developed in society and tested over time |
| The school of legal positivism beliefs | No law exist w/o government. |
| 3 branches of gov. mandated by constitution | executive, legislative, judicial |
| seperation of powers | the allocation of authority amoung 3 seperate branches of government |
| Supremacy Clause | federal law always trumps state law |
| 4 terms/sources of law | common law, judge made law, case law, decisional law |
| stare decisis | binds the courts to follow precedent |
| precedent | the first time that something happens and becomes "common law" |
| historical example of when a precendent was changed (very rare) | Plessy vs Ferguson/seperate but equal overturned |
| How many court systems | 52-50 states, (1) washington, DC, (1) Federal court |
| Full Faith and Credit Law | Each state is required to respect the final judgements in other states |
| Example of full faith & credit law | A valid divorce in Florida cant be challenged in Texas |
| 4 federal specialty courts | federal claims court, international trade, tax court, bankruptcy court |
| Ethics | the study of what constitues right or wrong |
| moral minimum | the min of ethical behavior expected by a business |
| duty based ethics | religious beliefs that dictate how a person/company act ie. guided by ten commandments |
| kanatian ethics | individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way |
| outcome based ethics | utilitarianism |
| utilitarianism | not based on absolute moral or absolute ethics ex. a good decision is one that results in the greatest good for the greatest number of people affected by the decision |
| cost benefit analysis | a decision making technique that involves weighing the cost of a given action against the benefits of the action |
| corporate social responsibilty | the idea that corporations can and should act ethically and be accouantable to society for their actions |
| Tort | a civil wrong that causes harm or injury to another |
| Tortfeasor | the one committing the tort |
| purpose of tort law | to compensate those who suffered a loss or injury due to another persons wrong doing |
| What is an intentional tort? | a wrongful act knowingly committed |
| assault | any word or action intended to make another person fearful of immediate physical harm or expected harm |
| battery | an unexcused and harmful offensive physical contact |
| 4 defenses to assault & battery | 1. consent ie. boxers, surgery 2. self defense 3. defense of others 4. defense of property |
| Types of intentional torts | 1.False imprisonment 2.Intentional infliction of emotional distress ie. angry boyfriend calling parents with evil story 3. Defamation 4. Invasion of right to privacy 5. wrongful interference w/ business relationship ie. foot locker employees 6.intentional tort against property ie. tree on property |
| Defamation | slander and libel |
| slander | oral form of defamation heard by someone else |
| libel | written form |
| The absolute defense against defamation | the truth |
| Attractive nuissance | having something that attracts "young children" ie. the tree |
| Conversion | an intentional tort ie. You have someone property and u find out and dont return it. ie. Mink coat |
| Negligence: unintentional tort | duty of care requires everyone to act as a reasonable person |
| Two requirements for negligence | 1. actual causation: but for their negligence this "accident" would not have happened AND 2. proximate causation: reasonably foreseable; limits damages |
| example of actual causation | person rear ends car of freeway cuz they are shaving.. They are the actual and proximate cause for damages |
| example of proximate causation | person rear ends car and damages $100M painting...actual cause for car and body images but not proximate cause for paintings |
| Duty of Professionals | duty of care, higher standards for professionals like docs and dentist |
| One defense of negligence | assumption of risk ie. You know the risk and volunteer to do the activity n e way ie. race car driver |
| res ipsa loquitur | the facts speak for themselves ie. kaiser leaves metal in ur body |
| Dram shop acts | an action that can be taken against a bar, tavern or person that continues to serve alcohol to a drunk person and an accident occurs. |
| strict liability tort | 1. engage in abnormally wreckless or dangerous bhvr ie. demolition co emploding building takes full responsibility if any injury occurs 2. Owning a non domesticated animal ie. you except n e responsibility if the animal harms n e one. |
| communications decency act 1996 | initially it was designed to stop porn NOW it is designed to shield AOL (etc) and other companies from being sued by people that use AOL and post defaming comments |
| Intellectual properties | things that come out of your mind and can not be taken from you ie. books, camcorders etc |
| type of intellectual property | trademarks (golden arches), copyright, pattens |
| Patent | exclusive right for 20 years |
| Licensing | you can apply for a license for a company to use their intellectual property (ie. sony makes camcorder and pay for rights to copy then sony gets license fee and royalties) |
| Copyright | these are automatic (artist have copyright for songs) they must be written down. Copyrights last for the life of the artist plus 70 years |
| digital millennium copyright of 1998 | Provide criminal penalities for trying to copy movies |
| trade secrets | N e thing of value to a company not covered by pattens, copyrights or trademarks (ie. customer list, ingredients, price list) |
| 3 parts of criminal law | 1. a wrong against society 2. proclaimed by statue (similar law on books) 3. punishable by society |
| 2 major differences between civil and criminal law | 1.burden of proof:higher in criminal law. Beyond a reasonable doubt vs. preponderance of the evidence 2.Verdict: unianimous jury vs. 3/4 or 9/12 |
| mens rea | wrongful mental status |
| types of crime | 1. robbery/felony: force or fear to persond during robbery 2. Burgulry: The unlawful injury with the intent to commit a felony 3. receiving stolen property 4.forgery 5. white color crime: embellzlement 6. bribery 7. money laundering |
| RICO | using mobster income against them to put them in jail |
| felony | a crime; such as arson, murder, rape and robbery that carry jail time |
| misdemeanor | a lesser crime punishable by a fine or jail up to a year |
| defenses to criminal liabiltiy | 1. self defense 2. insanity 3.duress (can't be used for murder) 4. entrapment 5. infancy (seven and under) 6. involuntary (spiked drinks) 7. immunity |
| fourth amendment | search warrant needed |
| fifth amendment | 1. cant be deprived of life, liberty or property w/o due process of the law 2.no double jeopardy 3. self incrimination protection |
| exclusionary rule | excludes all evidence if the 4,5, 6 amendment broken |
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