Study sets matching "law 2"

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Study sets matching "law 2"

Law 2
Uttering
Second degree murder
Suicide
Tobacco sales to minors
Offering to someone as genuine a document known to be a fake
Killing done with malice but without premeditation
Deliberate taking of one's own life
Sales of cigarettes or related products to persons 18 years o…
Uttering
Offering to someone as genuine a document known to be a fake
Second degree murder
Killing done with malice but without premeditation
Law 2
Alterative Dispute Resolution
Negotiations
Arbitration
Summary Jury Trial
-Can be applied to both civil and criminal cases... -Has reduced…
-Labor contracts... -Personal injury... -Divorce (e.g. collaborativ…
-Closest to a trial... -Can create binding agreement.... -Present e…
-Evidence presented by attorneys, instruction from judge, jur…
Alterative Dispute Resolution
-Can be applied to both civil and criminal cases... -Has reduced…
Negotiations
-Labor contracts... -Personal injury... -Divorce (e.g. collaborativ…
Law 2
Crime in the 1800's
Ethnic urban gangs
Post civil war violence
Outlaws in the west
3000 Homeless children... Horse and cattle theft high
Jobless immigrants formed gangs... Riots encouraged cities to fo…
Most violence toward newly freed blacks
Train robberies common
Crime in the 1800's
3000 Homeless children... Horse and cattle theft high
Ethnic urban gangs
Jobless immigrants formed gangs... Riots encouraged cities to fo…
17 terms
law 2
civil disobedience
civil rights
consequential reasoning
deontology
peaceful violation of a law thought to be unjust.
personal natural rights guaranteed by our constitution
a style of ethical reasoning in which particular acts have no…
a style of moral reasoning that asserts that acts are inheren…
civil disobedience
peaceful violation of a law thought to be unjust.
civil rights
personal natural rights guaranteed by our constitution
Law 2
Forebearance
Release
Covenant not to Sue
Exculpatory Clause
promise to not do something one has a legal right or ability…
An agreement whereby one party gives up his rights to pursue…
An agreement to substitute a contractual obligation for some…
A contractual provision releasing a party from liability, reg…
Forebearance
promise to not do something one has a legal right or ability…
Release
An agreement whereby one party gives up his rights to pursue…
Law2
Affirmative acts
Failure to act
Elements of a criminal statue
Proximate cause
Conduct that ciliates the law by doing something the law proh…
A crime that occurs because of omission
To commit a crime a person must satisfy each and every elemen…
Closeness of the relationship between a persons actions and i…
Affirmative acts
Conduct that ciliates the law by doing something the law proh…
Failure to act
A crime that occurs because of omission
9 terms
law 2
goal of pharmaceutical care
4 bottom line of pharmacuetical care
OBRA 90 requirement
2 aspects of retrospective
optimize patient outcome with realistic economic expenditures…
1 working with MD... 2 substitution... 3 therapeutic interchange... 4…
prospective, retrospective DUR for all ambulatory medicAID (…
1) assessment of drug use ... 2) population based to see trends
goal of pharmaceutical care
optimize patient outcome with realistic economic expenditures…
4 bottom line of pharmacuetical care
1 working with MD... 2 substitution... 3 therapeutic interchange... 4…
Law 2
Mala in se
Mala Prohibita
The reason for punishment
The reason for criminal law
Crimes morally wrong, all crimes rape , murder, theft
Crimes not morally law ex: insider trading, wrong because the…
To punish wrong doers/ there is a lack of agreement between s…
To punish wrong doers
Mala in se
Crimes morally wrong, all crimes rape , murder, theft
Mala Prohibita
Crimes not morally law ex: insider trading, wrong because the…
law 2
police culture or police subculture
blue wall of silence
blue curtain
police personality
a combination of shared noms
a figurative protective barrier
a concept developed by william westley
traits common to most police officers
police culture or police subculture
a combination of shared noms
blue wall of silence
a figurative protective barrier
71 terms
Law 2
Crime
Beyond a reasonable doubt
Actus Reus
Mens Rea
a wrong against society proclaimed in a statute and punishabl…
standard of proof under which if there is any reasonable doub…
A guilty act. The commission of a prohibited act is one of th…
Mental State, or intent. Normally a wrnogfull mental state is…
Crime
a wrong against society proclaimed in a statute and punishabl…
Beyond a reasonable doubt
standard of proof under which if there is any reasonable doub…
17 terms
Law 2
Crime
Defendant
Plaintiff
Prosecutor
is an offense committed against the public good, or society
is a person who is accused of a crime
is the party that accuses a person of a crime
is the government official who brings the case against the de…
Crime
is an offense committed against the public good, or society
Defendant
is a person who is accused of a crime
25 terms
Law 2
The Drug Quality and Security Act of 2…
Outsourcing pharmacy
Prescription Drug Marketing Act of 1987
Poison Prevention Packaging Act
Result of New England compounding incident, cannot compound f…
Can do sterile compounding for office use. Can also do non st…
- Prohibits the sale, purchase, or trade of samples... - Prohibi…
Should be dispensed in child-proof container, unless requeste…
The Drug Quality and Security Act of 2…
Result of New England compounding incident, cannot compound f…
Outsourcing pharmacy
Can do sterile compounding for office use. Can also do non st…
Law 2
Reasonable Limits Clause
Rights and Freedoms
Burden of Proof
Notwithstanding Clause
Your rights and freedoms are limited in certain situations
Legal entitlements from the government
Brining forth proof to prove someones legal argument
Allows government to make a law even if it violates rights an…
Reasonable Limits Clause
Your rights and freedoms are limited in certain situations
Rights and Freedoms
Legal entitlements from the government
law 2
boycott
amend
ratification
inalienable rights
a group of people agree to refuse to buy/support products fro…
to add or change.
the process of approving the constitution.
the right of people that cannot be taken away by government.
boycott
a group of people agree to refuse to buy/support products fro…
amend
to add or change.
Law 2
Fed
State
Us supreme
US court of appeals
US supreme court, US court of Appleals, US district Court
State supreme, intermediate, general trial court, local
Both original/appeal 4-9
Appellate jurisdiction , 13 districts, no trial, 3 judges, on…
Fed
US supreme court, US court of Appleals, US district Court
State
State supreme, intermediate, general trial court, local
Law 2
Objective theory of Contracts
Bilateral Contracts
Unilateral Contracts
Express Contracts
What parties said or wrote gives us the best idea of what was…
exchange of two performances
Accept by performance... ex. Sid Ketchum
In writing or oral contracts
Objective theory of Contracts
What parties said or wrote gives us the best idea of what was…
Bilateral Contracts
exchange of two performances
20 terms
LAW 2
Vertical Agreements
Retail Price Management
Maximum Price
High cross-elasticity of demand
Rule of Reason - Continental
Rule of Reason - Leegin
Rule of Reason - Khan
Products compete in same market - Dupont
Vertical Agreements
Rule of Reason - Continental
Retail Price Management
Rule of Reason - Leegin
30 terms
Law 2
negligence
criteria for negligence claim
legal defenses for negligence claim
contributory negligence
failure to provide care as a reasonable/prudent person would…
-duty... - breach of duty... - damage or injury... - proximate cause
-defendant introduces evidence that they did not owe a duty... -…
plaintiff most likely would have avoided injuries had they no…
negligence
failure to provide care as a reasonable/prudent person would…
criteria for negligence claim
-duty... - breach of duty... - damage or injury... - proximate cause
60 terms
law 2
the federal unemployment tax act does…
the __ requires employers to verify US…
the __ prohibits gender based discrimi…
the kerr mills act was responsible for
require employers to pay for workers injuries
americans with disabilities act
equal pay act
making federal and state funds available to fund senior healt…
the federal unemployment tax act does…
require employers to pay for workers injuries
the __ requires employers to verify US…
americans with disabilities act
40 terms
LAW 2
Juvenile Detention Centers
Camps and Ranches
Group Homes
Lock Up in CA
where juveniles await hearing after finding of delinquency
hold 100 juveniles, physical training = strict
house about 20, attend school, hold jobs and move about commu…
CA got tougher on juveniles - training schools, longer senten…
Juvenile Detention Centers
where juveniles await hearing after finding of delinquency
Camps and Ranches
hold 100 juveniles, physical training = strict
53 terms
Law 2
committing unprofessional conduct
license by fraud
practice w/fraud, outscide scope, inco…
impaired practice
professional misconduct
professional misconduct
professional misconduct
professional misconduct
committing unprofessional conduct
professional misconduct
license by fraud
professional misconduct
law #2
appelate court
bills
supremacy clause
judicial review
a court empowered to hear an appeal of a trial court
unofficial laws that are introduced to the house
this states that the constitution and the federal laws are th…
when the Supreme Court checks on convress
appelate court
a court empowered to hear an appeal of a trial court
bills
unofficial laws that are introduced to the house
31 terms
Bus Law - Criminal Law ch 2
crime
elements of a crime
criminal act
embezzlement
punishable offense against society
duty, violation of duty, criminal intent
Specific conduct that violates a criminal statute
Taking of another's property or money by a person to whom it…
crime
punishable offense against society
elements of a crime
duty, violation of duty, criminal intent
LAW 2
Classes of prohibited drugs
Prohibited methods
State action issue
High school sports
SPAND... Stimulants... Peptide Hormones... Anabolic agents... Narcotics... D…
Blood doping... surgical manupulation... gene doping
government actor needs to follow constitution... USADA - Create…
as minors, there are constitutional protection
Classes of prohibited drugs
SPAND... Stimulants... Peptide Hormones... Anabolic agents... Narcotics... D…
Prohibited methods
Blood doping... surgical manupulation... gene doping
12 terms
law 2
14th amendment
plessy doctrine
brown v. board of ed.
Montgomery County Bus Boycott
due process=no state shall deprive any person of life, libert…
separate but equal, homer plessy arrested for violating lousi…
Linda Brown black child in Kansas denied admission to all-whi…
Rosa Parks: refused to give up seat to white person, arrested…
14th amendment
due process=no state shall deprive any person of life, libert…
plessy doctrine
separate but equal, homer plessy arrested for violating lousi…
16 terms
Law 2
ethics
a moral minimum
short run vs. long run profit maximiza…
creating ethical codes of conduct
what constitutes what is right and wrong
minimally acceptable behavior in order to be acting ethically
~
write an easily understandable policy... ethics training... Sarbane…
ethics
what constitutes what is right and wrong
a moral minimum
minimally acceptable behavior in order to be acting ethically
Law 2
The appellate courts do not have what…
Local trial courts: state
General trial courts: state
Intermediate appellate courts: state
They do not except new evidence, hear witnesses, have a jury
Limited jurisdiction: handles minor matters (small money, tra…
General jurisdiction: handles both criminal and civil cases
Appellate jurisdiction: hears appeals from general trial courts
The appellate courts do not have what…
They do not except new evidence, hear witnesses, have a jury
Local trial courts: state
Limited jurisdiction: handles minor matters (small money, tra…
22 terms
Law 2
Aroused
tyrannical
Profligates
Peril
evoke or awaken (a feeling, emotion, or response). Basically…
Obsessive and controlling
Acting wasteful e.g spending too much money freely
Serious and immediate danger
Aroused
evoke or awaken (a feeling, emotion, or response). Basically…
tyrannical
Obsessive and controlling
18 terms
Law 2
Scher Vs Liberty Case
Exceptions to contract cases for non p…
Mitigation of Damages
Rainbow Travel vs Hilton
Set precedent of $$ given for non-pecuniary damages for a bre…
1) Contract for accommodation - law says it will allow non-pe…
to reduce damages , non-breaching party has responsibility to…
Contract claim and Fraud Claim. Hilton lost because they know…
Scher Vs Liberty Case
Set precedent of $$ given for non-pecuniary damages for a bre…
Exceptions to contract cases for non p…
1) Contract for accommodation - law says it will allow non-pe…
15 terms
Assault Cases ( A2 LAW)
Martin
Santana Bermudez
Chan Fook
C v Eisenhower
An assault can have indirect intention
An assault can be committed through omission
S. 47 includes psychiatric harm, no emotional harm
For a wounding it has to be a wound to the actual surface of…
Martin
An assault can have indirect intention
Santana Bermudez
An assault can be committed through omission
25 terms
Business Law 2.3
False
False
False
False
A company can only be formed by two or more parties.
Private companies limit their membership to 50 people.
Private companies can invite the public to subscribe for shar…
A private company requires a quorum of three members at the g…
False
A company can only be formed by two or more parties.
False
Private companies limit their membership to 50 people.
15 terms
Law 2
Bailor
Fraud
Due process of law
False imprisonment
A person who entrusts his or her property to another
A breach of trust which results in damage to another
A course of legal proceedings according to establish rules an…
The detention of a person without consent and without lawful…
Bailor
A person who entrusts his or her property to another
Fraud
A breach of trust which results in damage to another
7 terms
Business Law 2.6
False
False
False
True
Winding up refers to the legal process in which a Company's l…
A Statutory meeting is a meeting that must be held by all Com…
Meetings that are held by Companies whenever there are urgent…
A meeting that is held once in the lifetime of the Company is…
False
Winding up refers to the legal process in which a Company's l…
False
A Statutory meeting is a meeting that must be held by all Com…
5 terms
Business Law 2.16
True
False
True
True
The issue of the certificate of incorporation is conclusive e…
where the registrar declines to register a company without a…
The memorandum and articles constitute a contract between the…
The Companies Act defines a member as a person who has signed…
True
The issue of the certificate of incorporation is conclusive e…
False
where the registrar declines to register a company without a…
27 terms
law 2
Types of contracts that must be in wri…
Real property
Personal Property
The power of the government to take pr…
Marriage... Year... Land... Executor... Guarantee... Sale of goods > 500
property in land and interests in land
all property that does not involve land and interests in land
Eminent Domain/ Taking clause of the fifth amendment
Types of contracts that must be in wri…
Marriage... Year... Land... Executor... Guarantee... Sale of goods > 500
Real property
property in land and interests in land
Spanish - law terms 2
juicio
jurado de acusación
juramento
jurado
trial
accusation jury
oath
jury
juicio
trial
jurado de acusación
accusation jury
42 terms
Mod 2 Law of Agency
Transaction Broker
Seller's Agent
An agent always represents his client…
Fiduciary Capacity
Words to use: Transaction, facilitate... -No fiduciary responsib…
Words to use: fiduciary duties to seller
Fiduciary capacity
OLDCAR- A position of trust and confidence.... Obedience (reason…
Transaction Broker
Words to use: Transaction, facilitate... -No fiduciary responsib…
Seller's Agent
Words to use: fiduciary duties to seller
22 terms
LAW 2
What are laws?
Criminal law
Civil law
Tort
Official rules of conduct
Law dealing with crime or punishment i.e. homicide, theft
Law dealing with the rights of everyday citizens, most cases…
Personal injury law (wrongs that one citizen commits against…
What are laws?
Official rules of conduct
Criminal law
Law dealing with crime or punishment i.e. homicide, theft
25 terms
Business law 2.9
False
False
False
False
A company can be formed by two or more persons.
private companies limit their membership up to 50 people.
private companies can invite the public to subscribe for shar…
a private company requires a quorum of three members at the g…
False
A company can be formed by two or more persons.
False
private companies limit their membership up to 50 people.
25 terms
Business Law 2.4
False
False
False
False
The case of Macaura V Northern Assurance Ltd (1925) illustrat…
A statutory declaration of compliance is conclusive evidence…
A memorandum of association, being a very important document…
Personal property of members in a limited liability company c…
False
The case of Macaura V Northern Assurance Ltd (1925) illustrat…
False
A statutory declaration of compliance is conclusive evidence…
42 terms
business law 2.01
Acceptance
Benefits
Bilateral
counteroffer
Unqualified willingness by the offeree to go along with the o…
Something that a party was not previously entitled to receive
contains two promises
Any changes in the terms of the offer
Acceptance
Unqualified willingness by the offeree to go along with the o…
Benefits
Something that a party was not previously entitled to receive
162 terms
Con Law v 2
Rational Basis
Us Railroad retirement board v Fritz
FCC v Beach Communications
Railway Express Agency Inc v NY
Basline test every law must pass... Presumption in favor of the…
Law created a windfall for those who had worker more years wh…
The challenger must negate EVERY PLAUSIBLE REASON... hat congre…
NYC ordinance says that no one can operate an advertising veh…
Rational Basis
Basline test every law must pass... Presumption in favor of the…
Us Railroad retirement board v Fritz
Law created a windfall for those who had worker more years wh…
13 terms
bus.law.ch.7.2
unilateral mistake
mutual mistake
material fact
a valid contract
A mistake that occurs when one party to a contract is mistake…
both parties to a contract have an incorrect belief about an…
important facts that influence both parties' decisions about…
exist when you don't fully read the contract and misunderstan…
unilateral mistake
A mistake that occurs when one party to a contract is mistake…
mutual mistake
both parties to a contract have an incorrect belief about an…
18 terms
LAW 2
ETW v. Jireh publishing
O'bannon v. NCAA
What are the 4 things you must prove f…
Burnett v. National enquirer
APPROPRIATION ... Tiger woods painting released as print. Woods…
APPROPRIATION ... EA sports uses images of D1 Athletes. NCAA ge…
Publication, Defemation, Identification, and Fault
LIBEL... burnett goes to dinner in DC, NE writes story that she…
ETW v. Jireh publishing
APPROPRIATION ... Tiger woods painting released as print. Woods…
O'bannon v. NCAA
APPROPRIATION ... EA sports uses images of D1 Athletes. NCAA ge…
22 terms
civil law 2
hinder
civil liability
competent agency
rectification
= prevent
trách nhiệm dân sự
cơ quan có thẩm quyền
sự cải chính, sửa chữa
hinder
= prevent
civil liability
trách nhiệm dân sự
42 terms
Law 2
224 form
225 form
363 form
DEA license expiration
DEA license for pharmacies.
DEA license for manufacturers or researchers. Could include p…
DEA license for Narcotic Treatment programs. Pharmacist may b…
36 months after last renewal on the last day of that month... -c…
224 form
DEA license for pharmacies.
225 form
DEA license for manufacturers or researchers. Could include p…
Business Law - Chapter 2
Sarbanes-Oxley
Morals
Ethics
Values
Federal statute that monitors financial dealings
Beliefs concerning what is right and wrong
Moral principles that govern a persons behavior
Standards of behavior that are worthwhile
Sarbanes-Oxley
Federal statute that monitors financial dealings
Morals
Beliefs concerning what is right and wrong
29 terms
Business Law 2.10
True
False
False
False
A company is a separate legal person from the members
The minimum number of members in a private company is 7
A promoter must always be remunerated for his services
Pre-incorporation contracts are binding on the company
True
A company is a separate legal person from the members
False
The minimum number of members in a private company is 7
International Law 2
landmark
considerable
enlargement
wages
Historic, turning point of a period
large enough to be important
expanding
money earned for doing work
landmark
Historic, turning point of a period
considerable
large enough to be important
22 terms
Business Law 2.8
False
True
False
False
The case of Lee vs Lee (1961) AC is a case that illustrates t…
The case of Macaura Vs North Assurance co Ltd (1925) is a cas…
A person suing a company must include the names of the compan…
A company will come to an end if all its members die in an ac…
False
The case of Lee vs Lee (1961) AC is a case that illustrates t…
True
The case of Macaura Vs North Assurance co Ltd (1925) is a cas…
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