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Study sets matching "bus law 207"

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Study sets matching "bus law 207"

179 terms
Business Law (207)
English Courts
Stare decisis
Jurisdiction
City/Small Claims/People's court
Equity (injunctions)... Law ($)
judges are obligated to follow previous laws.
State or Fed?
<75K. Person to Person. No lawyers
English Courts
Equity (injunctions)... Law ($)
Stare decisis
judges are obligated to follow previous laws.
179 terms
Business Law (207)
Equity (injunctions)... Law ($)
judges are obligated to follow previou…
State or Fed?
<75K. Person to Person. No lawyers
English Courts
Stare decisis
Jurisdiction
City/Small Claims/People's court
Equity (injunctions)... Law ($)
English Courts
judges are obligated to follow previou…
Stare decisis
179 terms
Business Law (207)
English Courts
Stare decisis
Jurisdiction
City/Small Claims/People's court
Equity (injunctions)... Law ($)
judges are obligated to follow previous laws.
State or Fed?
<75K. Person to Person. No lawyers
English Courts
Equity (injunctions)... Law ($)
Stare decisis
judges are obligated to follow previous laws.
179 terms
Business Law (207)
English Courts
Stare decisis
Jurisdiction
City/Small Claims/People's court
Equity (injunctions)... Law ($)
judges are obligated to follow previous laws.
State or Fed?
<75K. Person to Person. No lawyers
English Courts
Equity (injunctions)... Law ($)
Stare decisis
judges are obligated to follow previous laws.
24 terms
Business Law 207
Bus Law consists of the suggested rule…
Many market transactions occur without…
Because of the law we rely on the good…
Crimes are prosecuted by the governmen…
True
False
False
True
Bus Law consists of the suggested rule…
True
Many market transactions occur without…
False
64 terms
Business Law 207 Carr Exam 1 Terms
State and federal constitutions
Through separation of powers, the cons…
Fed and State Statutes
uniform acts
establish the structure of govt. and allocate power among its…
1. congress has the power to make law... 2. President- enforce t…
law created by Congress or state legislature... many originally…
model statutes that states can adopt
State and federal constitutions
establish the structure of govt. and allocate power among its…
Through separation of powers, the cons…
1. congress has the power to make law... 2. President- enforce t…
35 terms
Business Law 207 exam 1
Stare decisis
Administrative regulations
Agency decisions
Treaties
States that the present case should be decided the same way a…
Enacted by the agency itself, not the legislature (IRS)
Some agencies have interval court structures and procedures.…
Made by the president with foreign governments. Requires 2/3…
Stare decisis
States that the present case should be decided the same way a…
Administrative regulations
Enacted by the agency itself, not the legislature (IRS)
49 terms
Business Law 207 Final (Federman)
Tort
[Torts] Whose job is it to seek damages?
Intentional tort
Negligence & Strict Liability
violation of duty imposed by civil law
Injured Party
harm caused by deliberate action
damages caused by negligence or oversight instead of deliberate
Tort
violation of duty imposed by civil law
[Torts] Whose job is it to seek damages?
Injured Party
56 terms
Business Law 207 Exam 1 Questions
Name 3 examples of "Natural Law" think…
Name an example of a "Legal Positivism…
Defines law as all commands of a recog…
Defines law as the common of a recogni…
Nelson Mandella... Martin Luther King Jr.... Ghandi
Robert Bork (Former US Supreme Court Nominee)... --and probably…
Natural Law
Legal Positivism
Name 3 examples of "Natural Law" think…
Nelson Mandella... Martin Luther King Jr.... Ghandi
Name an example of a "Legal Positivism…
Robert Bork (Former US Supreme Court Nominee)... --and probably…
109 terms
Business Law 207 Chris Carr Module 2
Torts
Aim of tort law
Tort liability ladder
8 types of intentional torts
private (civil) wrongs against persons or their property
1. Pay plaintiff back for their losses... 2. Prevent defendant f…
1. Intentional torts... 2. Negligence... 3. Strict liability
1. battery... 2. assault... 3. defamation... 4. fraud... 5. Invasion of p…
Torts
private (civil) wrongs against persons or their property
Aim of tort law
1. Pay plaintiff back for their losses... 2. Prevent defendant f…
8 terms
BUS 207 - Business Law Final - Federman
Behavioral Ethics
Elements of Negligence
Res Ipsa Loquitor
Insurance Terms
Situational bias... Conformative bias... Role morality bias... Overcon…
Forseeable duty... Breach... Causation... Damages
Incident wouldn't happen unless someone is negligent
Premium - how much you pay... Limits - how much coverage you hav…
Behavioral Ethics
Situational bias... Conformative bias... Role morality bias... Overcon…
Elements of Negligence
Forseeable duty... Breach... Causation... Damages
30 terms
Business Law 207 (CAL POLY -- PROF. STERN) Final
Intellectual Property
How is intellectual property protected?
Trade secret
Economic Espionage Act of 1996
Personal property that includes knowledge, ways of doing thin…
Trade secrets, trademarks, copyrights, patents.
specialized knowledge associated with a particular business.…
Statute that makes the misappropriation or outright theft of…
Intellectual Property
Personal property that includes knowledge, ways of doing thin…
How is intellectual property protected?
Trade secrets, trademarks, copyrights, patents.
30 terms
Business Law 207 (CAL POLY -- PROF. STERN) Final
Intellectual Property
How is intellectual property protected?
Trade secret
Economic Espionage Act of 1996
Personal property that includes knowledge, ways of doing thin…
Trade secrets, trademarks, copyrights, patents.
specialized knowledge associated with a particular business.…
Statute that makes the misappropriation or outright theft of…
Intellectual Property
Personal property that includes knowledge, ways of doing thin…
How is intellectual property protected?
Trade secrets, trademarks, copyrights, patents.
45 terms
Business Law 207 True or False Practice Problems - Exam 2
Assault requires harmful or offensive…
Jill tells a group of people that Tom,…
In intentional infliction of emotional…
Because some intentional torts involve…
False
False
True
False
Assault requires harmful or offensive…
False
Jill tells a group of people that Tom,…
False
Business 207 Ch 3
Administrative law
Administrative agencies
Interstate Commerce Commission (ICC)
Enabling legislation
collection of the substantive and procedural rules created by…
bodies of the city, county, state, or federal gov that are cr…
1st federal admin agency; created to regulate the anti-compet…
a statute that specifies the name, functions, and specific po…
Administrative law
collection of the substantive and procedural rules created by…
Administrative agencies
bodies of the city, county, state, or federal gov that are cr…
Business 207 Ch 1
Business law
Law
Purposes of the law
Private law
the enforceable rules of conduct that govern the actions of b…
rules of conduct in any organized society that are enforced b…
1) providing order so one can depend on a promise of an expec…
involves suits between private individuals or groups
Business law
the enforceable rules of conduct that govern the actions of b…
Law
rules of conduct in any organized society that are enforced b…
Business 207 Ch 4
Federalism
Judicial review
Supremacy clause
Federal preemption
a system of government in which power is divided between a ce…
power of a court to review legislative and executive actions,…
Article VI; provides that the Constitution, laws, and treatie…
a principle asserting the supremacy of federal legislation ov…
Federalism
a system of government in which power is divided between a ce…
Judicial review
power of a court to review legislative and executive actions,…
Business 207 Ch 2
Trial court/ court of original jurisdi…
Appellate court/ court of appellate ju…
Question of law
Question of fact
have the power to hear and decide cases when they first enter…
have the power to review previous judicial decisions to deter…
an issue concerning the interpretation or application of a law
a question about an event or characteristic in the case
Trial court/ court of original jurisdi…
have the power to hear and decide cases when they first enter…
Appellate court/ court of appellate ju…
have the power to review previous judicial decisions to deter…
134 terms
Bus Law 207 Other
Product liability
Four elements in proving negligence
Duty
Breach
The liability of a manufacturer or seller for injury to purch…
Duty... Breach... Proximate cause... Damages
Plaintiff must show that the defendant owed him a duty to per…
Defendent acted improperly or failed to act
Product liability
The liability of a manufacturer or seller for injury to purch…
Four elements in proving negligence
Duty... Breach... Proximate cause... Damages
32 terms
Business Law
Statute
Precedent
Civil Law
Criminal Law
Specific law for a specific purpose.
Court case ruling that is followed in future cases.
Person vs person
Act against society.
Statute
Specific law for a specific purpose.
Precedent
Court case ruling that is followed in future cases.
13 terms
BUS LAW 207: Consideration
A. Consideration
B. Legal Value
1. Adequacy of consideration
2. Illusory Promises
it is LEGAL VALUE, BARGAINED FOR and given in EXCHANGE for an…
Promisee is agreeing to do something that had no previous leg…
as long as the promisees act/ performance or promise satisfie…
when th promisee does not legally bind himself to to do anyth…
A. Consideration
it is LEGAL VALUE, BARGAINED FOR and given in EXCHANGE for an…
B. Legal Value
Promisee is agreeing to do something that had no previous leg…
25 terms
Business 207 ch 5
The Foreign Corrupt Practices Act proh…
The primary purpose of criminal law is…
Under our criminal laws that exist tod…
In general China punishes government o…
False
False
False
False
The Foreign Corrupt Practices Act proh…
False
The primary purpose of criminal law is…
False
37 terms
Business Law
Business Law
Plaintiff
Defendant
Stare Decisis
A series of definitions of legal terms
The party that begins a lawsuit by filing a complaint in the…
The party against who the lawsuit is brought and recoveries a…
The practice of relying on previous decisions in which simila…
Business Law
A series of definitions of legal terms
Plaintiff
The party that begins a lawsuit by filing a complaint in the…
Business 207 Cases
IBM and Nazi
Monsanto
Enron
Shell oil and Delta
-IBM gives Nazis technology to track jews and gypsies... -role m…
-created agent orange that devastated many american and vietn…
-sold stock which held no value and caused people to go bankr…
-oil production in Nigerian delta... -polluted the area and got…
IBM and Nazi
-IBM gives Nazis technology to track jews and gypsies... -role m…
Monsanto
-created agent orange that devastated many american and vietn…
50 terms
BUS/LAW 207
cybersquatters
injunction
(type of law) federal and state consti…
example of federal and state constitut…
register domain names (such as McDonalds.com) and then offer…
A judicial order forcing a person or group to refrain from do…
establish structure of the government and allocate power amon…
-congress has power to legislate/make law... -president has powe…
cybersquatters
register domain names (such as McDonalds.com) and then offer…
injunction
A judicial order forcing a person or group to refrain from do…
42 terms
Business 207 Midterm #2
tort
intentional tort
when does a intentional tort occur
what does the plaintiff have t prove f…
wrongful act of infringement of a right... other than for breach…
a deliberate interference with a legally recognized interest
when a person deliberately performs an action that causes har…
not that the defendant intended to cause the actual injury, b…
tort
wrongful act of infringement of a right... other than for breach…
intentional tort
a deliberate interference with a legally recognized interest
Business Law
Administrative Law
Common Law
Constitutional Law
Judicial Law
the area of law dealing with the legislature creating statute…
customs which have become recognized by the courts as binding…
the laws creating the formation of the government, authorizin…
laws created by judges making decisions in court cases
Administrative Law
the area of law dealing with the legislature creating statute…
Common Law
customs which have become recognized by the courts as binding…
88 terms
BUS LAW 207
three important ideas about law
What does the United States constituti…
legislative power
congress
power (law touches us all), importance (we depend on law to k…
establishes national gov. with its three branches, creates a…
gives congress the ability to create new laws.
composed of two chambers - House of reps, senate
three important ideas about law
power (law touches us all), importance (we depend on law to k…
What does the United States constituti…
establishes national gov. with its three branches, creates a…
33 terms
Bus Law 207 Carr, Exam 1 Vocab
Functions of state and federal constit…
Common law
Treaties
Ordinances
- establish structure of government and allocate power - prev…
"judge-made law"
Made by the president with foreign governments. Requires 2/3…
Made by school districts, municipalities
Functions of state and federal constit…
- establish structure of government and allocate power - prev…
Common law
"judge-made law"
42 terms
Business Law Vocabulary Practice
Morality
Ethics
Justice
Law
Involves the values that govern a group's ideas about right a…
referes to the rules used to determine the difference between…
treating people fairly and equaly
a system of rules of conduct established by a country's gover…
Morality
Involves the values that govern a group's ideas about right a…
Ethics
referes to the rules used to determine the difference between…
189 terms
Bus Law 207 Carr, Exam 1
administrative agencies get the power…
the government cannot be a party to a…
a state homicide statue is both crimin…
to a legal positivist, morality or rig…
true
false, you can sue the govt for money damages
true
false
administrative agencies get the power…
true
the government cannot be a party to a…
false, you can sue the govt for money damages
51 terms
Business 207 Midterm #2
Actionable
Actual Malice
Assault
Assumption of Risk
Capable of serving as the ground for a lawsuit.
A statement must be made with either knowledge of its falsity…
Intentional threat of immediate harmful/offensive contact.
Occurs when one knows of the risk of an action and voluntaril…
Actionable
Capable of serving as the ground for a lawsuit.
Actual Malice
A statement must be made with either knowledge of its falsity…
77 terms
Business and the Law
Vigilantes
Common Law
Precedent
Statute Law
Members of society that take enforcement of law into their ow…
Laws made by judges.
Where previous decisions are applied by judges in similar cas…
Laws developed and passed by parliament
Vigilantes
Members of society that take enforcement of law into their ow…
Common Law
Laws made by judges.
Bus Law 207 - Midterm 1
Case/Common Law
IRAC
defendant
plaintiff
Judges explain their decision in written form.
Issue, Rule, Analysis, Conclusion
being sued
files the lawsuit
Case/Common Law
Judges explain their decision in written form.
IRAC
Issue, Rule, Analysis, Conclusion
76 terms
BA-Law 207 Final
Restriction on Commercial Speech
Common Law
Statutory Law
First Amendment and Corporate Politica…
-reasonable restrictions: balance government's obligation to…
-established by King's Courts... -body of general legal principl…
-laws enacted by federal and state legislatures... -local ordina…
corporation have protected political speech to financially su…
Restriction on Commercial Speech
-reasonable restrictions: balance government's obligation to…
Common Law
-established by King's Courts... -body of general legal principl…
186 terms
Bus Law 207 Carr, Exam 1
administrative agencies get the power…
the government cannot be a party to a…
a state homicide statue is both crimin…
to a legal positivist, morality or rig…
true
false, you can sue the govt for money damages
true
false
administrative agencies get the power…
true
the government cannot be a party to a…
false, you can sue the govt for money damages
56 terms
Business - Business Law
Federal Trade Commission Act
Sherman Antitrust Act
Clayton Antitrust Act
Robinson Patman Act
1914 - Established the FTC that would investigate and prevent…
1890 - A law that made it illegal to create monopolies or tru…
This act was enacted in 1914, and it reinforces and broadens…
Passed in 1936, it aims to prevent businesses from selling th…
Federal Trade Commission Act
1914 - Established the FTC that would investigate and prevent…
Sherman Antitrust Act
1890 - A law that made it illegal to create monopolies or tru…
23 terms
Business Philosophy 207
Virtue Ethics
Moral Motivation
Deontological Theory
Categorical Imperative or Universaliza…
Aristotle; focuses on agents and character traits; Exemplify…
acting out of proper inclinations and desires is the right mo…
Kant; focuses on rights, duties,obligations, and rules that h…
obey only that maxim that one can will to be a universal law
Virtue Ethics
Aristotle; focuses on agents and character traits; Exemplify…
Moral Motivation
acting out of proper inclinations and desires is the right mo…
26 terms
BUS 207 - Business Entities
agency
fiduciary duty
principal
agent
A relationship between two parties in which one party agrees…
A legal duty to act solely in another party's interests. They…
COMPENSATION... REIMBURSEMENT AND INDEMNIFICATION... COOPERATION... SA…
PERFORMANCE... NOTIFICATION... LOYALTY... OBEDIENCE... ACCOUNTING... these d…
agency
A relationship between two parties in which one party agrees…
fiduciary duty
A legal duty to act solely in another party's interests. They…
31 terms
Business Law
Americans with Disabilities Act
compensatory damages
embezzelment
breach of contract
requires employers provide reasonable accommodations to allow…
what a court orders the wrongdoer to pay a victim for his los…
A form of white-collar crime where a person misappropriates t…
a violation of any of the agreed-upon terms and conditions of…
Americans with Disabilities Act
requires employers provide reasonable accommodations to allow…
compensatory damages
what a court orders the wrongdoer to pay a victim for his los…
419 terms
Cal Poly: Business 207 Midterm
What are the requirements for the rati…
When would a court use a rational basi…
What are the requirements for the inte…
When would a court use an intermediate…
The law must be rationally related to a legitimate government…
Analyzing the constitutionality of statues involving age disc…
The law must be substantially related to an important governm…
Equal protection challenges to gender classifications, and in…
What are the requirements for the rati…
The law must be rationally related to a legitimate government…
When would a court use a rational basi…
Analyzing the constitutionality of statues involving age disc…
37 terms
Business Law
Law
Civil Law
Criminal Law
Litigation
Rule of conduct enforced by controlling authority
Non-governmental corporation or individual files the lawsuit…
Litigation filed by the government.
Lawsuit
Law
Rule of conduct enforced by controlling authority
Civil Law
Non-governmental corporation or individual files the lawsuit…
business 207 final
Capitalism:
Merchant Capitalism:
Financial Capitalism:
Production Capitalism:
free market economy where the consumers drive everything. Con…
nobles. A small capital it enterprise but not the whole econo…
practice at a financial level, like stock market. Practice ca…
full scale capitalistic l. Private owners, own factories and…
Capitalism:
free market economy where the consumers drive everything. Con…
Merchant Capitalism:
nobles. A small capital it enterprise but not the whole econo…
402 terms
Business 207 Final
What is a freehold estate?
What is a non-freehold estate?
What does personal property consist of?
What is intellectual property?
Possession with uncertain duration... Person in possession has s…
Possession with limited duration and/or interest
Tangible, movable objects
Intangible property that is the product of one's mind and not…
What is a freehold estate?
Possession with uncertain duration... Person in possession has s…
What is a non-freehold estate?
Possession with limited duration and/or interest
50 terms
HIT 207 - Healthcare Law
Personal information is; collected ana…
Health care providers:
HIM is considered the:
Tort & Contract:
Used transmitted even misused everyday
Are required by law to maintain health records
"Resident expert" regarding rules,... Regulations, & laws that g…
Are two types of civil/ private law
Personal information is; collected ana…
Used transmitted even misused everyday
Health care providers:
Are required by law to maintain health records
256 terms
Business 207 Midterm
What are the requirements for the rati…
When would a court use a rational basi…
What are the requirements for the inte…
When would a court use an intermediate…
The law must be rationally related to a legitimate government…
Analyzing the constitutionality of statues involving age disc…
The law must be substantially related to an important governm…
Equal protection challenges to gender classifications, and in…
What are the requirements for the rati…
The law must be rationally related to a legitimate government…
When would a court use a rational basi…
Analyzing the constitutionality of statues involving age disc…
64 terms
Business Law
Equal Protection
Substantive
Procedural
Free Exercise Clause
The government must treat similarly situated individuals (or…
Focuses on the content or the legislation (the right itself)…
Any government decision to take life, liberty or property mus…
Guarantees that a person can hold & practice any (or no) reli…
Equal Protection
The government must treat similarly situated individuals (or…
Substantive
Focuses on the content or the legislation (the right itself)…
45 terms
Business 207 Midterm #1
case/common law
IRAC method
Taylor case
precedent
the judges decision in written opinion
Issue: what is the question... Rule: what law does the court app…
taylor assumed the risk of being hit by the ball
A court decision that provides authority for deciding subsequ…
case/common law
the judges decision in written opinion
IRAC method
Issue: what is the question... Rule: what law does the court app…
50 terms
Business 207 Midterm #2
parties to a contract
requirements of a contract
bilateral contract
unilateral contract
promisor (offeror): one who makes a promise... promisee (offere…
agreement... consideration... capacity... legality
offeror and offeree exchange promises with each other... contrac…
offorer wants performance in exchange for their promise... contr…
parties to a contract
promisor (offeror): one who makes a promise... promisee (offere…
requirements of a contract
agreement... consideration... capacity... legality
98 terms
Business Law
1.1 Terms
Administrative Law
Case Law
Constitution
...
body of rules created by government regulatory agencies
based on an appealed case ruling, an appellate court sets pre…
principles by which its government operates
1.1 Terms
...
Administrative Law
body of rules created by government regulatory agencies
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