Study sets matching "law blaw 9"

Study sets
Classes
Users

Study sets matching "law blaw 9"

Business Law - Chapter 9
Fraud
Puffing
Misrepresentation
Mistake
Intentional misstatement or nondisclosure
Mere expression of opinion
Unintentional misstatement or nondisclosure of a material fact
Belief not in accord with facts
Fraud
Intentional misstatement or nondisclosure
Puffing
Mere expression of opinion
14 terms
Business Law- Ch. 9
Age of majority
Capacity
Contractual capacity
Disaffirmance
age at which a person can be legally bound to contracts
ability to understand
ability to understand that a contract is being made and its g…
both parties to a contract return the consideration
Age of majority
age at which a person can be legally bound to contracts
Capacity
ability to understand
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.
Business Law Chapter 9
Promise
Promisor
Promisee
Contract
A declaration that binds a person who makes it (the promisor)…
A person who makes a promise.
A person to whom a promise is made.
A set of promises constituting an agreement between parties,…
Promise
A declaration that binds a person who makes it (the promisor)…
Promisor
A person who makes a promise.
Business Law: Chapter 9
cookie
cloud computing
cyber tort
cybersquatting
small text file (up to 4KB) created by a Web site that is sto…
the delivery to users of on demand services from third-party…
a tort committed via internet
the act of registering a domain name that is the same as, or…
cookie
small text file (up to 4KB) created by a Web site that is sto…
cloud computing
the delivery to users of on demand services from third-party…
Business Law Chapter 9
Contract
Functions of Contracts
Freedom of Contract
Elements of a Contract
A promise or set of promises that is legally enforceable
To facilitate the planning that is necessary in a modern, ind…
The idea that contracts should be enforced because they are t…
Offer, acceptance, consideration, capacity, and legal.
Contract
A promise or set of promises that is legally enforceable
Functions of Contracts
To facilitate the planning that is necessary in a modern, ind…
12 terms
Business Law-Ch 9
contractual capacity
age of majority to contract
minor
minority
the ability to understand the consequences of a contract
the age at which a person is entitle to the management of his…
a person who has not reached the age of majority
state of being below the age of majority
contractual capacity
the ability to understand the consequences of a contract
age of majority to contract
the age at which a person is entitle to the management of his…
12 terms
Business Law-Ch 9
contractual capacity
age of majority to contract
minor
minority
the ability to understand the consequences of a contract
the age at which a person is entitle to the management of his…
a person who has not reached the age of majority
state of being below the age of majority
contractual capacity
the ability to understand the consequences of a contract
age of majority to contract
the age at which a person is entitle to the management of his…
34 terms
Business Law: Chapter 9
Contract: Definition
About Contracts
Offeror
Offeree
A promise or set of promises for the breach of which the law…
*Voluntarily entered into by parties.... *Terms of the contract…
Party who makes an offer to enter into a contract.
Party to whom the offer is made.
Contract: Definition
A promise or set of promises for the breach of which the law…
About Contracts
*Voluntarily entered into by parties.... *Terms of the contract…
Business Law Ch 9
4 types of sufficient consideration
sufficiency of consideration
adequacy of consideration
5 types of insufficient consideration
1. an act... 2. giving up the exercise of a legal right (detrime…
required for valid contract unless exception applies
fairness of the amount of consideration--not required for val…
1. illusory promise... 2. gratuitous promise... 3. past considerati…
4 types of sufficient consideration
1. an act... 2. giving up the exercise of a legal right (detrime…
sufficiency of consideration
required for valid contract unless exception applies
14 terms
Business Law Chapter 9
Which of the following is not an essen…
When courts attempt to determine wheth…
___________ is also known as "cause in…
In typical negligence cases, courts ra…
Intent to cause harm
Does the defendant in the subject litigation have a prior cri…
___________ is also known as "cause in fact," while _________…
Exemplary
Which of the following is not an essen…
Intent to cause harm
When courts attempt to determine wheth…
Does the defendant in the subject litigation have a prior cri…
15 terms
Business Law Ch 9 Vocab
Age of majority
Capacity
Contractual capacity
Disaffirmance
age at which a person can be legally bound to contracts
ability to understand
ability to understand that a contract is being made and its g…
both parties to a contract return the consideration
Age of majority
age at which a person can be legally bound to contracts
Capacity
ability to understand
8 terms
Business Law (ch. 9)
Statute of frauds
Contracts covered
Interests in real property
Executory Bilateral over a Year
aka writing required... -writing required for contract to be enf…
-Transfer of Real property (easement)... -Executory Bilateral (p…
Ownership... -deed... Rights in real property... -easement... leases, "ri…
-impossible to perform... -leases, long tern personal services c…
Statute of frauds
aka writing required... -writing required for contract to be enf…
Contracts covered
-Transfer of Real property (easement)... -Executory Bilateral (p…
Business Law Chapter 9
Negligence
4 Things to Prove in a Negligence Case
Duty
Breach of Duty
Behavior that creates an unreasonable risk of harm to others,…
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
The first thing a plaintiff must establish to win a negligenc…
The second thing a plaintiff must establish to win a negligen…
Negligence
Behavior that creates an unreasonable risk of harm to others,…
4 Things to Prove in a Negligence Case
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
Business Law 9
ethics
ethical fundamentalism
utilitarianism
Kantian ethics
a set of moral principles or values that governs the conduct…
-persons look to an outside source or central figure for ethi…
-persons choose the alternative that would provide the greate…
-a set of universal rules establishes ethical duties. The rul…
ethics
a set of moral principles or values that governs the conduct…
ethical fundamentalism
-persons look to an outside source or central figure for ethi…
38 terms
Business Law Ch. 9
actus reus
arson
beyond a reasonable doubt
botnet
a guilty act. The commission of a prohibited act is one of th…
The malicious burning of another's dwelling.
the standard used to determine the guilt or innocence of a pe…
robot network-a group of computers that run an application th…
actus reus
a guilty act. The commission of a prohibited act is one of th…
arson
The malicious burning of another's dwelling.
Business Law Chapter 9: Criminal Law
Wrongs against society
Maximum sentence for capital felonies
Maximum sentence for first degree felo…
Maximum sentence for second degree fel…
Crimes
Death or life in prison without parole
up to 30 years or life in prison
up to 15 years in prison.... $10,000
Wrongs against society
Crimes
Maximum sentence for capital felonies
Death or life in prison without parole
23 terms
Business Law Ch. 9
Negligence
4 Things to Prove in a Negligence Case
Duty
Breach of Duty
Behavior that creates an unreasonable risk of harm to others,…
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
The first thing a plaintiff must establish to win a negligenc…
The second thing a plaintiff must establish to win a negligen…
Negligence
Behavior that creates an unreasonable risk of harm to others,…
4 Things to Prove in a Negligence Case
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
Week 9 - Business Law
Collective Bargaining
Certification
Remedial Certification
Types of Disputes and Consequences
Legislation allows workers the right to unionize and bargain…
- Once bargaining unit is identified and requisite number of…
Board can certify union without a majority vote if it feels u…
1. Recognition - may be violence where a union first tries to…
Collective Bargaining
Legislation allows workers the right to unionize and bargain…
Certification
- Once bargaining unit is identified and requisite number of…
Business Law Ch. 9
tort
a tort is a violation of
three types of torts
intentional tort
a civil wrong that is not a breach of contract, that interfer…
a private duty
intentional, negligent and strict liability
civil wrong that results from intentional conduct
tort
a civil wrong that is not a breach of contract, that interfer…
a tort is a violation of
a private duty
business law 9/10
tort
intentional tort
negligence
strict liability
-civil wrong that interferes with one's property or person.
-civil wrong that results from intentional conduct.
-failure to exercise due care under the circumstances in cons…
-civil wrong for which there is absolute liability because of…
tort
-civil wrong that interferes with one's property or person.
intentional tort
-civil wrong that results from intentional conduct.
15 terms
Business Law Ch. 9
Acceptance
Agreement
Browse-wrap term
Click-on agreement
The act of voluntarily agreeing, through words of conduct, to…
A mutual understanding or meeting of the minds between two or…
A term or condition of use that is presented when an online b…
An agreement that arises when an online buyer clicks on "I ag…
Acceptance
The act of voluntarily agreeing, through words of conduct, to…
Agreement
A mutual understanding or meeting of the minds between two or…
Business Law Ch. 9
As long as a contract is personal in n…
An insurance policy is an example of a…
An assignment of rights in real estate…
A right can be assigned even if the as…
False
False
True
False
As long as a contract is personal in n…
False
An insurance policy is an example of a…
False
Business Law Ch. 9
gift
donor
donee
consideration
transfer of ownership voluntarily without receiving anything…
gift giver
gift reciever
what is given or received in a contact
gift
transfer of ownership voluntarily without receiving anything…
donor
gift giver
45 terms
Business Law 9.02
Accession
Adverse possession
Assignment
Bailee
the right of an owner of property to an increase in that prop…
when the land of another private person is adversely and excl…
a tenant's transfer of the remaining time on a lease
the party who accepts temporary possession and control of ano…
Accession
the right of an owner of property to an increase in that prop…
Adverse possession
when the land of another private person is adversely and excl…
Business Law Chapter 9
False
False
True
False
As long as a contract is personal in nature, all rights under…
An insurance policy is an example of a right that can be assi…
An assignment of rights in real estate often cannot be prohib…
A right can be assigned even if the assignment will significa…
False
As long as a contract is personal in nature, all rights under…
False
An insurance policy is an example of a right that can be assi…
77 terms
9.01 Business Law
Adulterated
Attorney General
Auction
Bait and Switch
a food or drug that contains any substance that will reduce i…
the chief law officer of a country or state, at the federal l…
a public sale to the highest bidder
advertising a non-exsistent bargain to lure customers so they…
Adulterated
a food or drug that contains any substance that will reduce i…
Attorney General
the chief law officer of a country or state, at the federal l…
15 terms
Business Law-Chapter 9
Agreement
Offer
Revocation
Counteroffer
A mutual understanding or meeting of the minds between two or…
A promise or commitment to perform or refrain from performing…
The withdrawal of a contract offer by the offeror. Unless an…
An offeree's response to an offer in which the offeree reject…
Agreement
A mutual understanding or meeting of the minds between two or…
Offer
A promise or commitment to perform or refrain from performing…
9 terms
Business Law Chapter 9 Legality
Conspiracy
Interest
Urury
Lottery
Agreement to commit a crime for a promised consideration. P 186
The fee a borrower pays to the lender for using the money. P…
Charging more than the maximum legal interest rate. P189
A game that consists of drawing lots, typically tickets with…
Conspiracy
Agreement to commit a crime for a promised consideration. P 186
Interest
The fee a borrower pays to the lender for using the money. P…
Business Law Chpt. 9
contract
1) offer 2) acceptance 3) consideratio…
offer
acceptance
a legally enforceable agreement/ promise
the 7 characteristics of a contract that must be present
an act or statement that proposes definite terms and permits…
once a party receives an offer, he must respond to it in a ce…
contract
a legally enforceable agreement/ promise
1) offer 2) acceptance 3) consideratio…
the 7 characteristics of a contract that must be present
17 terms
Business Law Chapter 9
Some contracts such as illegal contrac…
contract
Offeror
Offeree
...
an agreement that is enforceable by a court of law or equity
is the party who makes an offer to enter into a contract... pro…
is the party to whom the is offer is made.... has the power to…
Some contracts such as illegal contrac…
...
contract
an agreement that is enforceable by a court of law or equity
Business Law chap 9
Consideration
Unconscionable
Release
Legal detriment
the mutual promise to exchange benefits and sacrifices betwee…
the consideration is so ridiculously inadequate that it shock…
a promise not to sue
the sacrifice that each party must experience
Consideration
the mutual promise to exchange benefits and sacrifices betwee…
Unconscionable
the consideration is so ridiculously inadequate that it shock…
Business Law CH. 9
Business Ethics
Categorical Imperative
Corporate Social Responsibility
Cost-Benefit Analysis
The application of moral and ethical principles in a business…
An ethical guideline developed by Immanuel Kant under which a…
The idea that corporations can and should act ethically and b…
A decision-making technique that involves weighing the costs…
Business Ethics
The application of moral and ethical principles in a business…
Categorical Imperative
An ethical guideline developed by Immanuel Kant under which a…
46 terms
Business Law Chapter 9
Crime
Burden of proof
Beyond a reasonable doubt
Felonies
Defined as a wrong against society proclaimed in a statute an…
The state (as plaintiff) must prove that the crime was commit…
State must prove this.
Serious Crimes punishable by death or imprisonment for more t…
Crime
Defined as a wrong against society proclaimed in a statute an…
Burden of proof
The state (as plaintiff) must prove that the crime was commit…
12 terms
Business Law Chapter 9
cookie
cloud computing
cyber tort
cybersquatting
invisible files to track web browsing activities
the delivery to users of on-demand servies from third-party s…
a tort committed via the internet
registering a confusingly similar or the same domain name as…
cookie
invisible files to track web browsing activities
cloud computing
the delivery to users of on-demand servies from third-party s…
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…
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.
23 terms
Business Law Ch. 9
Tort
Intentional Tort
Negligence
Strict Liability
Civil wrong against a person or their property
Civil wrongdoing resulting from intentional actions
Failure to exercise caution in situations where harm may be c…
Civil wrong for which there is absolute liability due to the…
Tort
Civil wrong against a person or their property
Intentional Tort
Civil wrongdoing resulting from intentional actions
27 terms
Business Law Chapter 9
1. The Restatement of the Law Second,…
2. Only the offeree to whom an offer i…
3. There are a limited number of circu…
4. If an acceptance is received after…
true
true
true
false
1. The Restatement of the Law Second,…
true
2. Only the offeree to whom an offer i…
true
Business Law Chapters 9
permitted mutual mistakes
unilateral mistake
mutual mistake
fraud
mistakes of value, quality, or price; terms of the contract;…
mistake made by one party; generally does not void a contract
mistake made by both parties; usually will void the contract…
inducing another to contract as a result of an intentionally…
permitted mutual mistakes
mistakes of value, quality, or price; terms of the contract;…
unilateral mistake
mistake made by one party; generally does not void a contract
16 terms
Business Law Chapter 9
Actual Cause (Cause in Fact)
Assumption of Risk
Compensatory Damages
Contributory Negligence
the determination that the defendant's breach of duty resulte…
A defense that allows the defendant to escape liability by es…
reimbursing damages
A defense that allows the defendant to entirely escape liabil…
Actual Cause (Cause in Fact)
the determination that the defendant's breach of duty resulte…
Assumption of Risk
A defense that allows the defendant to escape liability by es…
Business Law Chapter 9
Contractual Capacity
Age of Majority
Minor
Minority
Ability to understand a contract
Age when a person can be legally bound to contracts (18)
A person under the age of 18
Minor part of a persons life
Contractual Capacity
Ability to understand a contract
Age of Majority
Age when a person can be legally bound to contracts (18)
36 terms
Business Law Ch. 9
What are the elements of crime?
What is mens rea?
What is RICO?
When are Officers and Directors liable?
Mens rea (scienter)... Actus rea
The intent to commit a crime. Scienter. criminal state of mind.
Racketeer Influenced and Corrupt Organizations Act, fed. stat…
Holding companies accountable for criminal conduct of their o…
What are the elements of crime?
Mens rea (scienter)... Actus rea
What is mens rea?
The intent to commit a crime. Scienter. criminal state of mind.
Business Law Chapter 9
trespasser
licensee
invitee
res ipsa loquitur
a person on another's property without consent
a person on another's land for her own purposes but with the…
a person who has a right to enter another's property because…
the facts imply that the defendant's negligence caused the ac…
trespasser
a person on another's property without consent
licensee
a person on another's land for her own purposes but with the…
12 terms
Business Law- Chapter 9
Contract
4 Elements
Classifications: Express
Classifications: Implied
A promise or set of promises for the breach of which a law pr…
Mutual Assent, Consideration, Legality, and Capacity
Write or Oral
Comes about through the action or conduct of the parties
Contract
A promise or set of promises for the breach of which a law pr…
4 Elements
Mutual Assent, Consideration, Legality, and Capacity
Business Law 9
Agreement
Offer
Revocation
Option contract
A meeting of two or more minds in regard to the terms of a co…
A promise or commitment to perform or refrain from performing…
In contract law, the withdrawal of an offer by an offer or. U…
A contract under which the offeror can't revoke his or her of…
Agreement
A meeting of two or more minds in regard to the terms of a co…
Offer
A promise or commitment to perform or refrain from performing…
12 terms
Business Law Chapter 9
SPAM
US safe Web act attempts to
Federal CAN-SPAM Act
Domain Names
unsolicited junk email, ads, solicitations, etc.
limit SPAM and helps and protects internet service providers…
Aimed at limiting online pornography and commercial SPAM
an internet address, consisting of a "top level domain" to th…
SPAM
unsolicited junk email, ads, solicitations, etc.
US safe Web act attempts to
limit SPAM and helps and protects internet service providers…
Business Law Chapter 9
Definition of Contract
Common Law
Uniform Commercial Code
Sale
A binding agreement that the court will enforce
"most contracts are governed primarily by State common law, i…
Article 2 of the UCC governs the sales of goods
The transfer of title from seller to buyer
Definition of Contract
A binding agreement that the court will enforce
Common Law
"most contracts are governed primarily by State common law, i…
Business Law Chapter 9
Contract
Agreement
Uniform Commercial Code
Goods
A legally enforceable promise with valid offer, acceptance, a…
An offer and an acceptance of the offer
Made to establish uniform laws that apply to commercial trans…
Tangible personal property
Contract
A legally enforceable promise with valid offer, acceptance, a…
Agreement
An offer and an acceptance of the offer
67 terms
Business Law - Chapter 9
Acceptance
Actual contract
Agreement
Article 2 (Sales)
An agreement requires an offer by the offeror and an acceptan…
An actual contract may be either express or implied-in-fact.
To have an enforceable contract, there must be an agreement b…
Article 2 (Sales) prescribes a set of uniform rules for the c…
Acceptance
An agreement requires an offer by the offeror and an acceptan…
Actual contract
An actual contract may be either express or implied-in-fact.
1 of 10