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Study sets matching "biz law"

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Study sets matching "biz law"

50 terms
Biz Law 4.02
Annual Deductible
Cancer Insurance Coverage
Claims
Collision Coverage
a portion of a covered loss not paid by the insurer during th…
pays benefits only if you're diagnosed with cancer -- not for…
notice by the insured to the insurance company that a loss ha…
covers your vehicle for damage caused by impact with another…
Annual Deductible
a portion of a covered loss not paid by the insurer during th…
Cancer Insurance Coverage
pays benefits only if you're diagnosed with cancer -- not for…
25 terms
biz law
The government of Bolivia passes a law…
Geo Sox, an American company, agreed t…
Micrylex Corp. (a U.S. corporation) si…
Yummy Donuts, an American company, sig…
- not prevail because of the act of state doctrine.
-Nigeria engaged in strictly commercial activities.
-direct exporting
-a license.
The government of Bolivia passes a law…
- not prevail because of the act of state doctrine.
Geo Sox, an American company, agreed t…
-Nigeria engaged in strictly commercial activities.
93 terms
BIZ LAW
Articles of Confederation
Constitution
seperation of powers
Executive Branch
first constitution of the US, established limited federal gov…
established in 1787, preamble, bill of rights, articles.
division of government authority among the separate branches…
Enforcement of laws president
Articles of Confederation
first constitution of the US, established limited federal gov…
Constitution
established in 1787, preamble, bill of rights, articles.
Biz Law
Common/Case Law
3 Court Levels
Statutory law (codified law)
Issues with statutory law
We have a decision by a court and if a similar case comes up,…
Trial Court (lowest), court of appeals (middle), highest court
Laws made by people elected to create them. Local-ordinances,…
legislating from the bench - if a court changes/rewrites a st…
Common/Case Law
We have a decision by a court and if a similar case comes up,…
3 Court Levels
Trial Court (lowest), court of appeals (middle), highest court
58 terms
BIZ LAW
basic norm
1. Hierarchy of Law
Hierarchy of Law TRIANGE
Imperative Norms of the International…
principle that authorizes the constitution to prevail, it is…
-based on the principle that there should always be a basic n…
-Constitution... -Acts of Parliament... -Government Decrees, Decisi…
-agreements among the states ... -must be valid and effective on…
basic norm
principle that authorizes the constitution to prevail, it is…
1. Hierarchy of Law
-based on the principle that there should always be a basic n…
55 terms
Biz Law
Law
Lawyers are paid by
burden of proof in criminal system
burden of proof in civil system
rules of order
hourly basis or they take percentage of recovered
proof beyond reasonable doubt
proof that your version of the facts is right
Law
rules of order
Lawyers are paid by
hourly basis or they take percentage of recovered
5 terms
Biz Law
Auctions w/ reserve
Auctions without reserve
Death of offeror
Contractual obligations
reserving the right to withdraw the item from the auction
given up his right to withdraw the item from the auction
A person has made an offer and before the offer has been acce…
Contract has been entered into, the death of one party has no…
Auctions w/ reserve
reserving the right to withdraw the item from the auction
Auctions without reserve
given up his right to withdraw the item from the auction
19 terms
Biz Law
Laws
Code
Common Law
Positive Law
Enforceable rules of conduct in a society, reflect the cultur…
Laws that are grouped into an organized form.
Law based on the current standards or customs of the people.
Laws that are created by a central authority or legislation.
Laws
Enforceable rules of conduct in a society, reflect the cultur…
Code
Laws that are grouped into an organized form.
114 terms
Biz Law
employee
agent
agents duties
failure to disclose of principle
requires the master-servant relationship
representative of another principle in third-party dealings
performing terms of contract without negligence, providing an…
agent can be personally liable if contract falls through.
employee
requires the master-servant relationship
agent
representative of another principle in third-party dealings
62 terms
Biz Law
Law
Lawyers are paid by
burden of proof in criminal system
burden of proof in civil system
rules of order
hourly basis or they take percentage of recovered
proof beyond reasonable doubt
proof that your version of the facts is right
Law
rules of order
Lawyers are paid by
hourly basis or they take percentage of recovered
9 terms
Biz law
Breach of contract
Substantial performance
Fraud
Undue influence
Legal cause of action in which a binding agreement isn't hono…
A party completed the requirements leaving only minor details…
Wrongful criminal deception intended to result in personal gain
influence by which a person is induced to act otherwise than…
Breach of contract
Legal cause of action in which a binding agreement isn't hono…
Substantial performance
A party completed the requirements leaving only minor details…
16 terms
biz law
Furlong v. Alpha Chi Omega sorority
windows v jordan panel systems
martin v. melland's
Belden v. american electronic components
right of rejection
destination/shipment contract
risk of loss
creation of warranties
Furlong v. Alpha Chi Omega sorority
right of rejection
windows v jordan panel systems
destination/shipment contract
36 terms
biz law
duty
substantive law
procedural law
public law
A moral or legal obligation; a responsibility
Law that defines, describes, regulates, and creates legal rig…
law that establishes the methods of enforcing the rights esta…
A law that involves the government and its relationships with…
duty
A moral or legal obligation; a responsibility
substantive law
Law that defines, describes, regulates, and creates legal rig…
18 terms
Biz Law
Laws
Code
Common Law
Positive Law
The enforceable rules of conduct in a society that reflect th…
Laws grouped together in an organized form.
Law based on current standards or customs of the people.
Law based on the dictates of a central political authority.
Laws
The enforceable rules of conduct in a society that reflect th…
Code
Laws grouped together in an organized form.
18 terms
biz law
Age Discrimination in Employment Act (…
Americans with Disabilities Act (ADA)
Affirmative Action
Bona Fide Occupational Qualification
Statutory scheme passed by Federal Government: Age was not pr…
eliminates discrimination against individuals with disabiliti…
Step to help ensure this who have been victims of discriminat…
a job qualification based on sex, religion, or national origi…
Age Discrimination in Employment Act (…
Statutory scheme passed by Federal Government: Age was not pr…
Americans with Disabilities Act (ADA)
eliminates discrimination against individuals with disabiliti…
27 terms
Biz Law
Express Contract
Implied Contract
Unilateral Contract
Bilateral Contract
A contract in which the terms of the agreement are fully and…
Arises when an employer has said, written, or done something…
A contract that contains a promise by only one person to do s…
A contract containing two promises in which one party promise…
Express Contract
A contract in which the terms of the agreement are fully and…
Implied Contract
Arises when an employer has said, written, or done something…
210 terms
biz law
statues
common law
administrative law
criminal law
passed by federal and state gov
established by precedent or earlier cases decided by courts
created by agencies - rules and regulations ... -more specific t…
dangerous behavior outlawed, gov prosecutes, punishment is im…
statues
passed by federal and state gov
common law
established by precedent or earlier cases decided by courts
142 terms
biz law
contract
agreement
consideration
contractual capacity
a promise or set of promises for the breach of which the law…
consists of an offer by one party, called the offeror, to ent…
the bargained-for exchange or what each party gets in exchang…
the legal ability to enter into a binding agreement
contract
a promise or set of promises for the breach of which the law…
agreement
consists of an offer by one party, called the offeror, to ent…
109 terms
biz law
Collateral
Attachment
Purchase-money security interest (PMSI)
Perfection
The property that is subject to a secured interest
The point at which a creditor becomes the secured party that…
A security interest formed when a debtor uses borrowed money…
The series of legal steps a secured party takes to protect it…
Collateral
The property that is subject to a secured interest
Attachment
The point at which a creditor becomes the secured party that…
102 terms
biz law
difference between contractual and tor…
joint and several tortious liability
examples of strict liability
vicarious liability
contractual liability arises from breaching voluntary agreeme…
typically negligence torts, liability can be split amongst a…
-defective equipment in the workplace... -consumer protection
can be charged to employers whose employees commit torts whil…
difference between contractual and tor…
contractual liability arises from breaching voluntary agreeme…
joint and several tortious liability
typically negligence torts, liability can be split amongst a…
21 terms
BizLaw
Common Law
Due process
Statutory law
Case law
the law administered through the system of courts established…
the regular administration of the law, according to which no…
the written law established by enactments expressing the will…
law established by judicial decisions in particular cases, in…
Common Law
the law administered through the system of courts established…
Due process
the regular administration of the law, according to which no…
40 terms
biz law
contract
true
the equity theory, the will theory, th…
the equity theory
any agreement enforcebale by law
t or f: not all agreements are contracts however
the three theories of contract law
in the past courts asked whether the parties to a contract ex…
contract
any agreement enforcebale by law
true
t or f: not all agreements are contracts however
125 terms
Biz law
Battery Definition
Types Of Battery
T/F making contact with plaintiffs bod…
T/F Making contact with anything conne…
Defendant INTENTIONALLY does an act that is HARMFUL OR OFFENS…
harmful, offensive, intentional
False
True
Battery Definition
Defendant INTENTIONALLY does an act that is HARMFUL OR OFFENS…
Types Of Battery
harmful, offensive, intentional
12 terms
Biz Law
Distributed if he or she dies without…
Which of the following is a will that…
Which of the following is true regardi…
with respect to involuntary bailment,…
Intestacy Status
Holographic Will
a patent protects a products, process, invention, machine or…
common examples of involuntary bailments include a...
Distributed if he or she dies without…
Intestacy Status
Which of the following is a will that…
Holographic Will
33 terms
Biz Law
On average, the dollars spent with sup…
As supply chains have become more glob…
Supply management may indirectly contr…
Strategic planning can be defined as:…
B
B
E
B
On average, the dollars spent with sup…
B
As supply chains have become more glob…
B
57 terms
biz law
You want to open a Playboy Club in DeK…
A collective bargaining agreement ends…
Thecity of Iowa City requires a colleg…
Which of the following is not a right…
Bona fide occupational qualification
none of the above are true
discrimination because of disparate impact
all of the above
You want to open a Playboy Club in DeK…
Bona fide occupational qualification
A collective bargaining agreement ends…
none of the above are true
30 terms
BIZ LAW
T/F Express but not implied contracts…
Jill contracts to purchase Kevin's aut…
Claudia sells her highly successful sa…
T/F If no time limit is stated, an off…
False
Jill cannot avoid the contract.
Unenforceable restraint against public policy.
False
T/F Express but not implied contracts…
False
Jill contracts to purchase Kevin's aut…
Jill cannot avoid the contract.
11 terms
Biz law
Aren't sobriety checkpoints a means of…
What rights does a person who has been…
What makes real estate equity grow or…
What 4 questions will you be asked if…
DUI checkpoints are not a form of police entrapment, contrary…
Miranda rights, right to know the crimes which they are charg…
Real estate equity is the difference between the current mark…
They will ask for credit rating, Income, down payment and the…
Aren't sobriety checkpoints a means of…
DUI checkpoints are not a form of police entrapment, contrary…
What rights does a person who has been…
Miranda rights, right to know the crimes which they are charg…
19 terms
Biz Law - Chapter 3
Litigate
Mediator
Arbitrator
Court
to allow a court to resolve their disputes
tries to develop a solution acceptable to both sides of a dis…
usually holds an information hearing to determine what happen…
A governmental forum that administers justice under the law
Litigate
to allow a court to resolve their disputes
Mediator
tries to develop a solution acceptable to both sides of a dis…
31 terms
Biz Law 5.01
Adultery
Affinity
Alcohol or drug addiction
Alimony
Is when one spouse has sexual relations with someone outside…
means you are related by marriage. Many states do not allow f…
can be used as a reason for divorce but must be confirmed, co…
an allowance for support that is paid by the former spouse in…
Adultery
Is when one spouse has sexual relations with someone outside…
Affinity
means you are related by marriage. Many states do not allow f…
6 terms
biz law (consumer law)
truth-in lending act
right of rescission
equal credit opportunity act
fair credit reporting act
lender must disclose the APR on loan, amt. financed, total am…
right to cancel a transaction within 3 days of loan/home soli…
requires certain questions may not be asked, and credit giver…
regulates credit reporting agencies; consumer may dispute the…
truth-in lending act
lender must disclose the APR on loan, amt. financed, total am…
right of rescission
right to cancel a transaction within 3 days of loan/home soli…
24 terms
Biz Law 4.01
Bank Fraud
Electronic Fund Transfer Act
Federal Deposit Insurance Act
Home Equity Loan Consumer Protection Act
The act of obtaining credit, assets, money, funds, or securit…
Provides consumers against unauthorized electronic fund trans…
Created to maintain the public's confidence in banks and enco…
Requires creditors to disclose the conditions, rates, and ter…
Bank Fraud
The act of obtaining credit, assets, money, funds, or securit…
Electronic Fund Transfer Act
Provides consumers against unauthorized electronic fund trans…
23 terms
Biz Law 2.02
Accord and Satisfaction
Actual Damages
Anticipatory Breach
Assignee
Substitute one contract for another.
Damages DIRECTLY related to breach.
Notified that a party to the contract will not fulfill their…
Party to whom right is transferred.
Accord and Satisfaction
Substitute one contract for another.
Actual Damages
Damages DIRECTLY related to breach.
22 terms
Genuine agreement and Fraud - Biz Law
rescind
ratification
voidable
crime
to back out of a transaction or contract
actions or conduct that suggests you intend to be bound by a…
if there is no genuine agreement, the contract can be cancelled
something you have a duty to report
rescind
to back out of a transaction or contract
ratification
actions or conduct that suggests you intend to be bound by a…
10 terms
Biz Law 3.03
Clean Air Act
Clean Water Act
Department of Energy
Energy Independence and Security Act
was created by the US Environmental Protection Agency to auth…
creates guidelines that help to improve and maintain the biol…
creates policies regarding energy and the safe handle of nucl…
created to move nation towards energy independence and securi…
Clean Air Act
was created by the US Environmental Protection Agency to auth…
Clean Water Act
creates guidelines that help to improve and maintain the biol…
45 terms
Biz Law 2.01
Acceptance
Benefits
Bilateral
Capacity
Unqualified willingness by the offeree to go along with the o…
Something that a party was not previously entitled to receive
Contains two promises
Legal ability to enter into a contract
Acceptance
Unqualified willingness by the offeree to go along with the o…
Benefits
Something that a party was not previously entitled to receive
8 terms
Biz Law 3.04
Copyright
Doctrine of Fair Use
Intellectual property
Patent
is a right granted to the creators of artistic works, such as…
permits the use of copyrighted information without permission…
is product resulting from human creativity; an original work…
is a right granted to inventors of useful, unique, and non-ob…
Copyright
is a right granted to the creators of artistic works, such as…
Doctrine of Fair Use
permits the use of copyrighted information without permission…
23 terms
Biz Law 2.02
Accord and Satisfaction
Actual Damages
Anticipatory Breach
Assignee
Substitute one contract for another.
Damages DIRECTLY related to breach.
Notified that a party to the contract will not fulfill their…
Party to whom right is transferred.
Accord and Satisfaction
Substitute one contract for another.
Actual Damages
Damages DIRECTLY related to breach.
64 terms
Biz Law Exam 3
Intellectual Property
Use of a protected Attribute
The Use was for an Exploitative Purpose
The Plaintiff did not give consent
protection for ... -image and likeness, (forever)... -Trade secrets…
The plainTff must show that ... the defendant used an aspect of…
The plainTff must show that the defendant used the plainTff's…
the plantiff must establish that he or she did not give permi…
Intellectual Property
protection for ... -image and likeness, (forever)... -Trade secrets…
Use of a protected Attribute
The plainTff must show that ... the defendant used an aspect of…
17 terms
Biz Law 3.02
Actual authority
Agency by agreement
Agency by estoppel
Agency by ratification
is the express and implied powers of an agent.
is an agency relationship that is created by an oral or writt…
is an agency relationship that is created because the princip…
is an agency relationship that is created because the princip…
Actual authority
is the express and implied powers of an agent.
Agency by agreement
is an agency relationship that is created by an oral or writt…
26 terms
Biz Law 3.01
Age Discrimination Act in Employment
Agency shop
Americans with Disability Act
Closed shop
prohibits discrimination against applicants and employees 40…
is a type of union arrangement in which employees are not req…
is a federal law that prohibits discrimination based on an in…
is a type of union arrangement in which applicants must join…
Age Discrimination Act in Employment
prohibits discrimination against applicants and employees 40…
Agency shop
is a type of union arrangement in which employees are not req…
28 terms
Biz Law 1.02
Answer
Arraignment/Initial Hearing
Arrest
Civil Court
The response to a civil complaint
The charged person is brought before a judge to determine pro…
A person who has allegedly committed a felony offense or a se…
The civil jurisdiction of the trial court divisions.
Answer
The response to a civil complaint
Arraignment/Initial Hearing
The charged person is brought before a judge to determine pro…
97 terms
BIZ LAW CH 11
T/F An otherwise valid contract may be…
Generally a party who demonstrates tha…
Generally, a party who demonstrates th…
In certain circumstances, contract law…
True
Sue under the statute of limitations
carry out the contract or to rescind (cancel) it and thus avo…
avoided
T/F An otherwise valid contract may be…
True
Generally a party who demonstrates tha…
Sue under the statute of limitations
79 terms
Biz Law contract law
Capacity
Voidable Contract
Valid Contract
Void Contract
the legal ability to enter into a contractual relationship
Valid Contract that is legally defective and can be avoided b…
A contract that fits all requirements and is legal
no contract exists
Capacity
the legal ability to enter into a contractual relationship
Voidable Contract
Valid Contract that is legally defective and can be avoided b…
22 terms
biz law - tort law
3 categories of torts
Damages recoverable
types of strict liability torts
respondeat superior
1. strict liability ... 2. negligence ... 3. intentional torts
1.out-of-pocket expenses ... 2.lost income/wages... 3.intangible da…
ultra-hazardous activities ... some environmental violations... "st…
if a 3rd party is injured by an employee on the job, the 3rd…
3 categories of torts
1. strict liability ... 2. negligence ... 3. intentional torts
Damages recoverable
1.out-of-pocket expenses ... 2.lost income/wages... 3.intangible da…
24 terms
Biz law rules of law
Rational Basis Test
Strict Scrutiny
Intermediate Scrutiny
Miranda rule
gov't action needs to be rationally related to a legit gov't…
gov't action must be STRICTLY tailored to compelling gov't in…
gov't action must be substainially related to an important go…
if interrogated by gov't officer while in custody... -remain sil…
Rational Basis Test
gov't action needs to be rationally related to a legit gov't…
Strict Scrutiny
gov't action must be STRICTLY tailored to compelling gov't in…
13 terms
Biz Law Chapter 12
consideration
legal sufficiency
legal benefit
legal detriment
the inducement to enter into a contract
consists of either a benefit to the promisor or a detriment t…
obtaining something to which no one had prior legal right
doing an act one is not legally obligated to do
consideration
the inducement to enter into a contract
legal sufficiency
consists of either a benefit to the promisor or a detriment t…
69 terms
BIZ LAW CHAPTER 1
sources of law? (7 of them)
what is law?
intention of law
definition of law:
US constitution, state constitutions, federal and state statu…
consists of rules that regulate the conduct of individuals, b…
to protect persons and their property against unwanted interf…
generic sense: a body of rules of action or conduct prescribe…
sources of law? (7 of them)
US constitution, state constitutions, federal and state statu…
what is law?
consists of rules that regulate the conduct of individuals, b…
11 terms
Biz Law Chapter 4
Constitution of the USA
Checks and Balances
Judicial Branch
Executive Branch
- The constitutional convention was convened in Philadelphia…
- They are built to ensure that no one branch of Fed. Governm…
- Has the authority to examine the acts of the other two bran…
- Can enter into treaties with foreign Governments only with…
Constitution of the USA
- The constitutional convention was convened in Philadelphia…
Checks and Balances
- They are built to ensure that no one branch of Fed. Governm…
102 terms
BIZ LAW CHAPTER 3
litigation
nonjudicial dispute resolutions
e-dispute resolution
what are the major phases of the pretr…
-process of bringing, maintaining and defending a lawsuit... -ju…
-made in response and difficulty of bringing a law suit... -alte…
resolution of legal disputes using electronic means
-pleadings... -discovery... -pretrial motions... -settlement conference
litigation
-process of bringing, maintaining and defending a lawsuit... -ju…
nonjudicial dispute resolutions
-made in response and difficulty of bringing a law suit... -alte…
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