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Business Law EXAM ONE ( UTK)
Terms in this set (48)
Liability: The state of being legally responsible (liable) for something, such as a debt or obligation.
Business Decision Making Areas (7):
Sales, Product Liability, Torts, Intellectual Property, Contracts, Environmental Laws and Sustainability, Internet Law- Social Media and Privacy.
Primary Sources of Law:
::The U.S. Constitution and the constitutions of the various states.
:: Statutory law—including laws passed by:: Congress, state legislatures, or local governing bodies.
:: Regulations created by administrative agencies, such as the Federal Trade Commission.
:: Case law and common law doctrines.
::Statutes (including uniform laws) and ordinances enacted by federal, state, and local legislatures.
:: Federal Statutes may not violate the U.S. Constitution.
::State statutes and local ordinances may not violate the U.S. Constitution or the relevant state constitution
A law passed by a local governing unit, such as a city or a county.
A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.
Remedies in Equity
specific performance, injunction, rescission/ restitution
Remedies at Law:
The equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.
Statutes of Limitations:
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Cases on Point:
A previous case involving factual circumstances and issues that are similar to those in the case before the court.
Law that defines, describes, regulates, and creates legal rights and obligations.
Law that establishes the methods of enforcing the rights established by substantive law.
The party who takes an appeal from one court to another.
The party against whom an appeal is taken—that is, the party who opposes setting aside or reversing the judgment.
In some appellate courts, the party appealing a case is referred to as the petitioner, and the party against whom the suit is brought or appealed is called the respondent.
In personam Jurisdiction:
Court jurisdiction over the "person" involved in a legal action; personal jurisdiction.
In rem Jurisdiction: Court jurisdiction over a defendant's property.
Court jurisdiction over a defendant's property.
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
Standing to Sue:
Harm, Casuation, Remedy
Question of Fact:
In a lawsuit, an issue involving a factual dispute. can be decided by a judge or a jury.
Question of Law:
In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, and not a jury, can decide
Writ of certiorari:
A writ from a higher court asking the lower court for the record of a case.
Rule of Four:
A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices agree to do so.
Whether the Court will issue a writ of certiorari is entirely within its discretion, and most petitions for writs are denied.
The pretrial litigation process involves the filing of the pleadings, the gathering of evidence (called discovery), and possibly other procedures, such as a pretrial conference and jury selection.
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court,
(1) Jurisdiction. Facts showing that the particular court has subject-matter and personal jurisdiction.
(2) Legal theory. The facts establishing the plaintiff's claim and basis for relief.
(3) Remedy. The remedy (such as an amount of damages) that the plaintiff is seeking.
Service of Process:
The delivery of the complaint and summons to a defendant.
A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint.
Procedurally, a defendant's response to the plaintiff's complaint.
A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.
Motion to Dismiss:
A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.
Motion for judgment on the pleadings:
A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
Motion for summary judgment:
Motion for summary judgment: A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
A written voluntary statement of facts, confirmed by the oath or affirmation of the party making it
A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
The testimony of a party to a lawsuit or of a witness taken under oath before a trial.
A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party's attorney.
A French phrase meaning, literally, "to see, to speak" that refers to the jury-selection process.
In voir dire, the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness.
An oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay is generally not accepted valid as evidence.
The examination of a witness by the attorney who calls the witness to the stand at trial to testify on behalf of the attorney's client.
Motion for a Directed Verdict:
In a state court, a party's request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The federal courts refer to this request as a motion for judgment as a matter of law.
The defendant's answer to the plaintiff's rebuttal.
preponderance of the evidence
proof in a civil case that a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.
Beyond a reasonable doubt standard
the legal standard in criminal cases, which requires the prosecution to prove that a reasonable doubt of innocence does not exist
breach of contract
The failure, without legal excuse, of a promisor to perform the obligations of a contract.
Recission and Restitution
Act of returning property money you owe or pretending a contract never existed
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