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Mid Term Exam (Business Law)
Terms in this set (90)
Name the 7 sources of the law:
1. Federal Constitution
2. State Constitution
3. Administrative Rules
4. Statutory Law
5. Common Law
6. Case Law
7. International Law
In what year was the U.S. Constitution written?
What 3 basic things does the constitution do?
1. Establishes the national government of the U.S.
2. Creates a system of checks and balances among the branches
3. Guarantees many basic rights to the American people
Which 4 individuals attended the Constitutional Convention?
1. Alexander Hamilton
2. Benjamin Franklin
3. George Washington
4. James Madison
Which individual spoke at the Constitutional Convention and then left?
Who was the wise old man of the constitution?
Who was the overseer/president at the Constitutional Convention?
Who played the role of secretary at the Constitutional Convention?
This type of law concerns society as a whole and is enforced by the government:
In criminal law, the government will seek to punish the defendant with what?
Prison sentence, fine, or both
If there is a fine in criminal law, does the money go to the state or the injured party?
Which type of law regulates the rights and duties between parties?
Is there a possibility of conduct involving both civil and criminal law?
Give an example of criminal law:
An individual gets caught selling cocaine
Give an example of civil law:
Breach of contract
Which type of law is seen as the fourth branch of government?
Seeing that the three branches of governments cannot oversee all aspects of commerce, administrative law puts into place __________ to do the day-to-day work
Name three examples of government agencies created by Congress:
1. Environment Protection Agency (EPA)
2. Internal Revenue Service (IRS)
3. Securities and Exchange Commission (SEC)
Agencies have the power to create laws, called what?
What was the first administrative agency?
Interstate Commerce Commission (ICC)
What two categories do administrative agencies fall into?
Congress creates a federal agency by passing __________
"We the people" elect legislatures who pass __________
What is a proposed statute by Congress called?
What type of law is judge-made?
This term means "let the decision stand"
What refers to courts looking at similar past cases to make a decision on a current case?
Name the 5 elements of a tort of negligence:
1. Duty of Care
What is a tort?
Violation of duty imposed by the civil law
How is a tort enforced?
Lawsuit by plaintiff
What is a possible result for a tort of negligence lawsuit?
Money damages for plaintiff
Give an example of a tort of negligence:
Car accident where a person got rear-ended and suffered injuries
Written defamation is referred to as:
Spoken or oral defamation is referred to as:
Give an example of libel:
Writing a false newspaper article
Give an example of slander:
Saying that an individual is a drug dealer when they in fact are not
What are the 4 elements of defamation?
1. Defamatory statement
What term refers to the fact that a witness can say anything in court and not be sued for defamation?
Intentionally touching someone without permission that harms the individual is called:
An act that causes a person to reasonable fear an imminent battery is called:
What do we call money that is intended to restore a plaintiff to the position he was in before the injury?
What are damages that are intended to punish the defendant for conduct that is extreme and outrageous?
What are the two types of tortious interference with business relations?
1. Tortious interference with a contract
2. Tortious interference with a prospective advantage
An intentional tort in which the defendant improperly induced a third party to breach a contract with the plaintiff is called:
Tortious interference with a contract
Malicious interference with a developing economic relationship is called:
Tortious interference with a prospective advantage
What are the 4 societal purposes of incarceration?
2. Specific deterrence
4. General deterrence
A less serious crime, often punishable by less than a year in country jail is called what?
A serious crime for which a defendant can be sentenced to one year or more in prison is called what?
The great majority of disputes are resolved between to parties in a process called:
The process by which a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution
What do we call a settlement negotiated by an outside party?
What is the pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case
What is the highest court in the country?
U.S. Supreme Court
How many justices are on the Supreme Court?
How are the 9 justices broken up?
1 chief justice and 8 associate justices
What is a petition asking for the Supreme Court to hear a case?
Writ of certiorari
How many cases does the Supreme Court hear a year?
Usually less than 100
What are the 4 categories of liability for landowners in discussing trespassing?
1. Lowest Liability (Trespassing adults)
2. Mid-Level Liability (Trespassing children)
3. Higher Liability (Licensee)
4. Highest Liability (Invitee)
What does the lowest liability (trespassing adults) consist of?
Intentionally injuring an adult trespasser unnecessarily
What does the mid-level liability (trespassing children) consist of?
A landowner will be held liable if there is an attractive nuisance on their property and a child gets injured using it
What is the attractive nuisance doctrine?
If there is something manmade on a person's property that may be reasonable expected to attract children and they become injured, the property owner can be held liable
What does the higher liability (licensee) consist of?
An individual who is on someone's property with the owner's permission
What does the highest liability (invitee) consist of?
A person has a right to enter onto a certain piece of property because it is open to the public
What does "en banc" mean?
All judges on the court hear the case instead of just a selected panel of judges
What is the purpose of dual controls?
Places two or more people in charge of money in order to avoid the possibility of embezzlement
What are the 3 payment methods for attorneys?
1. Hourly rate
2. Contingency fee
What is it called when an attorney charges a flat fee (ex. takes 33% of the money)?
What are the two types of retainers that attorneys charge?
Buy in bulk and deposit
What are the 3 types of federal courts?
1. Supreme Court
2. Court of Appeals
3. District (Trial) Court
How many appellate courts are there?
How many district courts are there?
In a civil case, the plaintiff must prove his case only by a what?
Preponderance of the evidence
What is preponderance of evidence?
The standard of proof in a civil jury case, by which the plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff
In a criminal case, the government must prove its case ______________
Beyond a reasonable doubt
Why is the burden of proof in a criminal trial greater than the burden of proof in a civil trial?
The penalties for conviction are more serious (prison sentence, ruined reputation, etc.)
What is the basis of negligence?
Duty of care
What is the requirement that a manager act with care and in the best interest of the corporation?
Duty of care
What is the general test to see how far a person's duty of care reaches?
Under what type of negligence does the plaintiff receive nothing if he is even slightly responsible?
Under what type of negligence does a plaintiff generally recover even when he is partially responsible?
Is contributor or comparative negligence more popularly used by states?
What is joint and several liability?
Two parties (or more) are held responsible together and as individuals for liability
Paying a retainer to an attorney for services ensures what?
People that come together in the same industry or profession to monitor/lobby legislature, work together, and participate in rule making process are known as what?
What are the 3 categories of speech?
Do celebrities or ordinary citizens have more rights to defamation?
Why would certain employees of a bank be required to take two weeks off for vacation?
To ensure that business runs the same whether or not they are there; will likely reveal embezzlement
How many circuit courts are there?
12; 11 geographic and 1 or more special
Name the 9 Supreme Court Justices:
Chief Justice John Roberts Jr.
1. Clarence Thomas
2. Ruth Ginsburg
3. Stephen Breyer
4. Samuel Alito Jr.
5. Sonia Sotomayer
6. Elena Kagan
7. Neil Gorsuch
8. Brett Cavanaugh
What are things you could say to someone that would be so hurtful you wouldn't need to prove damages?
John Doe has AIDS (when he doesn't really)
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