Study sets matching "law chapter 11"

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Study sets matching "law chapter 11"

10 terms
Business Law- Chapter 11
Duress
Physical Threat
Improper Threat
Undue Influence
Refers to a situation where someone performs an act as a resu…
Coercion involving physical force renders the agreement void
Blackmail, you can void the contract
The unfair persuasion of a person by a party in a dominant po…
Duress
Refers to a situation where someone performs an act as a resu…
Physical Threat
Coercion involving physical force renders the agreement void
24 terms
Chapter 11 Criminal Law
property crimes include:
what is property?
formerly, theft was called:
what is embezzlement?
the theft or taking of property, damage, destruction of prope…
something that is capable of being owned
larceny
a crime in which the actor gains possession of the property l…
property crimes include:
the theft or taking of property, damage, destruction of prope…
what is property?
something that is capable of being owned
51 terms
Chapter 11: Contract Law
Offeror
Oferee
Contract Clause
Objective Theory of Contracts
the person/ party who offers to make a contract
the person/party whom contract offer is made
Article 1, section 10 clause 1 of the US Constitution, preven…
A standard courts use to find evidence based on the parties w…
Offeror
the person/ party who offers to make a contract
Oferee
the person/party whom contract offer is made
Law 12 Chapter 11 Vocab
Allurement
Causation
Contributory negligence
Duty of care
something that is inviting or luring to young children; for e…
the fact of being the cause of something that happened; an im…
negligence on the part of the victim that contributes to his…
the obligation that is required to ensure that others are not…
Allurement
something that is inviting or luring to young children; for e…
Causation
the fact of being the cause of something that happened; an im…
29 terms
LAW 231 Chapter 11 Vocab
choice-of-law clause
conforming goods
cover
cure
a clause in a contract designating the law (such as the law o…
goods that conform to contract specifications
a buyer or lessee's purchase on the open market of goods to s…
under the UCC, the right of a party who tenders nonconforming…
choice-of-law clause
a clause in a contract designating the law (such as the law o…
conforming goods
goods that conform to contract specifications
Business Law Chapter 11 Vocab
alteration
anticipatory breach
assignment
breach of contract
in contracts, material change in the terms of a contract made…
notification, before the scheduled time of performance, of re…
transaction by which a party transfers contractual rights to…
failure to provide complete performance of contractual obliga…
alteration
in contracts, material change in the terms of a contract made…
anticipatory breach
notification, before the scheduled time of performance, of re…
18 terms
business law vocab chapter 11
A "standard-form" contract, such as th…
State laws that regulate the offering…
Generally, the value given in return f…
The threshold mental capacity required…
adhesion contract
blue sky laws
consideration
contractual capacity
A "standard-form" contract, such as th…
adhesion contract
State laws that regulate the offering…
blue sky laws
Bus Law Chapter 11 Terms
bilateral contract
contract
executed contract
executory contract
type of contract that arises when a promise is given in excha…
agreement that can be enforced in court; formed by two or mor…
contract that has been completely performed by both parties
contract that has not yet been fully performed
bilateral contract
type of contract that arises when a promise is given in excha…
contract
agreement that can be enforced in court; formed by two or mor…
14 terms
Business Law: Chapter 11 Vocabulary
capacity
unenforceable
usury
gambling
the legal ability to enter into a binding contract
a term applied to a contract that, because of a law, cannot b…
the lending of money at an exorbitant or unlawful rate of int…
an agreement in which a party pays consideration (money place…
capacity
the legal ability to enter into a binding contract
unenforceable
a term applied to a contract that, because of a law, cannot b…
12 terms
crim law chapter 11
public nature
Terrorism
some terrorists act on behalf of their…
treason
-regardless of the personal and property dimensions of the cr…
-the commission of traditional crime, such as murder, with th…
...
-the only crime mentioned in the constitution of the united s…
public nature
-regardless of the personal and property dimensions of the cr…
Terrorism
-the commission of traditional crime, such as murder, with th…
Business Law Chapter 11
contract
Elements of a contract
Promisor (Obligor)
Promisee (Obligee)
a legally binding agreement. It is an agreement creating an o…
i) An agreement ... ii) Between competent parties... iii) Based on…
The person who makes a promise
The person to whom the promise is made
contract
a legally binding agreement. It is an agreement creating an o…
Elements of a contract
i) An agreement ... ii) Between competent parties... iii) Based on…
12 terms
Chapter 11 Law Final
Accord and Satisfaction
Consideration
Liquidated debt
Unliquidated debt
purchase of the release from a debt obligation
The value given in return for a promise or performance In a c…
A liquidated is a debt in which neither the existence nor the…
A debt that is disputed as to either its existence or its amo…
Accord and Satisfaction
purchase of the release from a debt obligation
Consideration
The value given in return for a promise or performance In a c…
criminal law chapter 11
cybercrime
robbery
larceny
conversion
crimes aimed at the valuable information contained in compute…
taking property by force or the threat of force- a violent cr…
taling and carrying away a persons's property without the use…
wrongfully possessing or disposing of someone else's property…
cybercrime
crimes aimed at the valuable information contained in compute…
robbery
taking property by force or the threat of force- a violent cr…
10 terms
Chapter 11 Business Law
credit
creditor
debtor
Interest
an arrangement in which you receive cash, goods, or services…
the party who sells the goods on credit or lends the money
the party who buys the gods on credit or borrows the money
a fee creditors charge for lending money or extending credit
credit
an arrangement in which you receive cash, goods, or services…
creditor
the party who sells the goods on credit or lends the money
Business Law Chapter 11
Contractual Capacity
Minors
Disaffirmance
A Minor's Obligation on Disaffirmance
the legal ability to enter into a contract. It is the minimum…
the age of majority in most states (all states that I know) i…
this is the avoidance or setting aside of a contractual oblig…
a) majority of states hold that the minor only has to return…
Contractual Capacity
the legal ability to enter into a contract. It is the minimum…
Minors
the age of majority in most states (all states that I know) i…
Law and Ethics Chapter 11 Terms
Amniocentesis
Artificial Insemination
Chromosome
Clone
A test whereby the physician withdraws a sample of amniotic f…
The mechanical injection of viable semen into the vagina
A microscopic structure found within the nucleus of all livin…
An organism produced asexually, usually from a single cell of…
Amniocentesis
A test whereby the physician withdraws a sample of amniotic f…
Artificial Insemination
The mechanical injection of viable semen into the vagina
Chapter 11 - Healthcare Law
law
common law
statutes
civil law
a body of rules for the conduct of individual and organizatio…
created by federal, state, and local governments
created by legislature
focuses on the wrongful acts against individuals and organiza…
law
a body of rules for the conduct of individual and organizatio…
common law
created by federal, state, and local governments
54 terms
Criminal Law Chapter 11
Three Categories of crime against prop…
cybercrime
Four types of cybercrime
robbery
-Taking other people;s property... -Damaging or destroying othe…
crimes aimed at the valuable information contained in compute…
1. Crimes against information brokers. Data collectors (credi…
taking property by force or the threat of force—a violent cri…
Three Categories of crime against prop…
-Taking other people;s property... -Damaging or destroying othe…
cybercrime
crimes aimed at the valuable information contained in compute…
19 terms
Comm Law - Chapter 11
Common Carrier
MVPD
Overbuilders
Natural Monopoly
In transportation, moving people or goods for a fee. In commu…
Multichannel Video Program Distributor. The term for services…
New entrants into an existing telecommunications market are r…
Occurs when the cost of producing something outweighs the ben…
Common Carrier
In transportation, moving people or goods for a fee. In commu…
MVPD
Multichannel Video Program Distributor. The term for services…
Street Law Chapter 11
Alibi
DNA evidence
Infancy
Intoxication
evidence that the defendant was somewhere else at the time th…
biological evidence
Defense that Children under the age of 8 are considered to be…
Defense that the defendant was too drunk or high at the time…
Alibi
evidence that the defendant was somewhere else at the time th…
DNA evidence
biological evidence
Business law chapter 11
promise
contract
offeror
offeree
An assertation that something either will or will not happen…
An agreement that can be enforced in court; formed by two or…
The person who makes the offer
A person to whom an offer is made
promise
An assertation that something either will or will not happen…
contract
An agreement that can be enforced in court; formed by two or…
Business Law: Chapter 11
Accessory
Aiding and Embedding
Bankruptcy crime
Burglary
A term used at the state level that is similar to "aiding and…
A criminal action that arises from association with and from…
An action involving the facilitation of documents filed in a…
Theft by breaking and entering
Accessory
A term used at the state level that is similar to "aiding and…
Aiding and Embedding
A criminal action that arises from association with and from…
Criminal Law Chapter 11
Theft
Robbery
fraud
receiving stolen property
372
372
372
372
Theft
372
Robbery
372
8 terms
Street Law Chapter 11 Defenses
alibi
DNA evidence
infancy
intoxication
a Latin word meaning "elsewhere;" an excuse or plea that a pe…
biological evidence, derived from testing samples of human ti…
the legal defense of a person considered not yet legally resp…
a state of drunkenness or similar condition created by the us…
alibi
a Latin word meaning "elsewhere;" an excuse or plea that a pe…
DNA evidence
biological evidence, derived from testing samples of human ti…
8 terms
Law & You Chapter 11
Infancy
Intoxication
Insanity
Entrapment
Children under age 7 are legally incapable of committing murd…
Involuntary intoxication unknowingly injested intoxicant
Mental state or disease caused come to hapen
Defendant was induced or persuaded to commit crime... Difficult…
Infancy
Children under age 7 are legally incapable of committing murd…
Intoxication
Involuntary intoxication unknowingly injested intoxicant
44 terms
Media Law Chapter 11
Porn
indecency
obscenity (Miller test)
Miller v California
a vague term for sexually orientedmaterial
a narrow term referring to sexual expression and expletives i…
1. whether the average person would find that work appeals to…
created test for obscenity
Porn
a vague term for sexually orientedmaterial
indecency
a narrow term referring to sexual expression and expletives i…
21 terms
Chapter 11 Business Law
Contract
Elements of a Contract
Subject of Matter Contracts
Parties to a Contract
Legally binding agreement that creates an obligation
Agreement (2) between competent parties, (3) based on genuine…
May relate to personal service performance or the transfer of…
Promiser/obligor: makes a promise... Promisee/obligee: person to…
Contract
Legally binding agreement that creates an obligation
Elements of a Contract
Agreement (2) between competent parties, (3) based on genuine…
20 terms
Business Law & Personal Use 16e, Chapter 11 Legality of Contracts
False
True
False
True
Agreements to commit felonies are not illegal
In most states, lenders of money may not charge more than a s…
All state have the same set rate of interest this is consider…
Small loan rates of interest typically exceed the usurious ra…
False
Agreements to commit felonies are not illegal
True
In most states, lenders of money may not charge more than a s…
Law 3220 Chapter 11
IRS three-prong test
agent's duties owed to principal
rescind
disgorgement
1. behavioral aspects of the agency... 2. financial arrangements…
1. loyalty... 2. obedience... 3. care... 4. disclosure... 5. accounting
when agent breaches duty of loyalty
when agent breaches & has to return any funds earned as a res…
IRS three-prong test
1. behavioral aspects of the agency... 2. financial arrangements…
agent's duties owed to principal
1. loyalty... 2. obedience... 3. care... 4. disclosure... 5. accounting
Chapter 11: Healthcare Law
Law
Common Law
Statutes
Rules and Regulations
Body of rules for the conduct of individuals and organization…
As the judiciary system interprets previous legal decisions r…
Legislature creates laws that are called
Developed by administrative agencies that interpret the law
Law
Body of rules for the conduct of individuals and organization…
Common Law
As the judiciary system interprets previous legal decisions r…
38 terms
Chapter 11: Contract Law
Contract law
Express or Implied Contracts
Express Contract
Statute of frauds
The area of law that governs contract agreement s.
Depending on how a contract is created it can either be expre…
The parties State the terms and show their intent in words, e…
Certain types of contracts must be in writing to be enforceab…
Contract law
The area of law that governs contract agreement s.
Express or Implied Contracts
Depending on how a contract is created it can either be expre…
Business law: Chapter 11
bilateral contract
contract
executed contract
executory contract
a type of contract that arises when a promise is given in exc…
an agreement that can be enforced in court; formed by two or…
a contract that has been completely performed by both parties.
a contract that has not as yet been fully performed.
bilateral contract
a type of contract that arises when a promise is given in exc…
contract
an agreement that can be enforced in court; formed by two or…
7 terms
practical law chapter 11
alibi
duress
entrapment
insanity defense
an excuse or plea that a person was somewhere else at the tim…
unlawful pressure on a person to do something that he or she…
an act by law enforcement officials to persuade a person to c…
defense raised by a criminal defendant stating that because o…
alibi
an excuse or plea that a person was somewhere else at the tim…
duress
unlawful pressure on a person to do something that he or she…
14 terms
Finance Law Chapter 11
voluntary consent
unilateral mistake
material fact
bilateral mistake
assent (voluntary approval)
when only one party is mistaken as to a material fact; genera…
a fact important to the subject matter of the contract
when both parties are mistaken about the same material fact,…
voluntary consent
assent (voluntary approval)
unilateral mistake
when only one party is mistaken as to a material fact; genera…
21 terms
Law 3220 Chapter 11
Uniform Commercial Code
goods
good faith
merchant
or UCC, a statute passed in similar form by the states that s…
UCC manufactured things (not services) that are movable and h…
in UCC, honesty in fact in the conduct or transaction in ques…
in UCC, one who regularly deals in goods covered by contract…
Uniform Commercial Code
or UCC, a statute passed in similar form by the states that s…
goods
UCC manufactured things (not services) that are movable and h…
8 terms
chapter 11 business law
gratuitous promises
best efforts contract
requirements contract
settlement of claims
-unenforceable due to lack of consideration ... -promise freely…
a contract which contains a clause that requires one or both…
contract in which a buyer agrees to purchase all of its requi…
-attempt by a party to reach compromise with another party wh…
gratuitous promises
-unenforceable due to lack of consideration ... -promise freely…
best efforts contract
a contract which contains a clause that requires one or both…
Business Law Chapter 11
Sources of Contract law
offeror
offeree
contract
Statutes, Common Law, Administrative Agencies
making the offer
person to whom the offer is made
a promise or a set of promises of which the law gives a remed…
Sources of Contract law
Statutes, Common Law, Administrative Agencies
offeror
making the offer
Business Law - Chapter 11
Main Prohibitions to Reality of Consen…
Duress
Undue Influence
Fraud (2)
Duress... Undue Influence... Fraud... Mistake
free will is override by fear; contract becomes VOID(if extre…
the advantage taken by a dominant party against a dependent p…
1) in the execution... 2) in the inducement
Main Prohibitions to Reality of Consen…
Duress... Undue Influence... Fraud... Mistake
Duress
free will is override by fear; contract becomes VOID(if extre…
18 terms
Business Law Chapter 11
Duress
Physical Compulsion
Improper Threats
Undue Influence
wrongful act or threat that overcomes the free will of a party
coercion involving physical forces renders the agreement void
includes economic and social coercion, renders the contract v…
taking unfair advantage of a person by reason of a dominant p…
Duress
wrongful act or threat that overcomes the free will of a party
Physical Compulsion
coercion involving physical forces renders the agreement void
Law chapter 11
True
True
True
False
If a contractual right is transferred, this does not change t…
No consideration is necessary to make a valid assignment
A contract creating a duty can prohibit delegation
If the obligor breaches, the assignor must sue for the breach
True
If a contractual right is transferred, this does not change t…
True
No consideration is necessary to make a valid assignment
Chapter 11 - gas laws
kinetic energy
Charles's Law
Boyle's Law
Absolute zero
energy of motion
As the temperature of a gas sample at constant pressure incre…
As the volume of a gas sample at constant temperature decreas…
The lowest possible temperature. Matter has lost all kinetic…
kinetic energy
energy of motion
Charles's Law
As the temperature of a gas sample at constant pressure incre…
17 terms
Business Law - Chapter 11
acceptance
agreement
browse-wrap terms
click-on agreement
(contract law) words signifying consent to the terms of an of…
A meeting of two or more minds in regard to the terms of a co…
Terms and conditions of use that are presented to an Internet…
An agreement that arises when a buyer, engaging in a transact…
acceptance
(contract law) words signifying consent to the terms of an of…
agreement
A meeting of two or more minds in regard to the terms of a co…
14 terms
Business Law Chapter 11
Statute of frauds
contracts that must be in writing
Part performance
executor
the law that requires certain contracts to be in writing to b…
cannot be completed within a year, transferring real property…
applies when a person relies on an owner's oral promise to se…
person who is named in a will to oversee the distribution of…
Statute of frauds
the law that requires certain contracts to be in writing to b…
contracts that must be in writing
cannot be completed within a year, transferring real property…
31 terms
Business law chapter 11
Formalities
Statute of frauds
History and origins
terminology
a defense to enforceability of an otherwise valid contract... an…
a statute requires certain types of contracts to be in writin…
1. fraud corrected by the statute of frauds was the fraud of…
if a contract must be in writing, it is said to be inside or…
Formalities
a defense to enforceability of an otherwise valid contract... an…
Statute of frauds
a statute requires certain types of contracts to be in writin…
Business Law - Chapter 11
Contract
Elements of a contract
Promisor
Promisee
Binding agreement based on the genuine assent of the parties,…
1. An agreement is made... 2. Between two competent parties... 3. B…
Person who makes a promise
Person to whom a promise is made
Contract
Binding agreement based on the genuine assent of the parties,…
Elements of a contract
1. An agreement is made... 2. Between two competent parties... 3. B…
Business Law Chapter 11
Bilateral Contract
Contract
Executed Contract
Executory contract
"a prommis for a promise". No performance, such as payment of…
an agreement that can be enforced in court
A contract that has been fully performed on voth sides
A contract that has NOT been fully performed by the parties
Bilateral Contract
"a prommis for a promise". No performance, such as payment of…
Contract
an agreement that can be enforced in court
32 terms
Business Law Chapter 11
Promise
Promisor
Promisee
contract
A person's assurance that he or she will or will not do somet…
A person who makes a promise.
A person to whom a promise is made.
An agreement that can be enforced in court; formed by two or…
Promise
A person's assurance that he or she will or will not do somet…
Promisor
A person who makes a promise.
19 terms
Criminal Law Chapter 11
grand theft
petty (petit) theft
thief
4 elements of larceny:
felony of taking property valued at a set amount. ... - (Virgini…
stealing someone's property that does not have to have any va…
The person who commits an act of larceny or theft, who is pri…
1. The taking and carrying away... 2. of the property of another…
grand theft
felony of taking property valued at a set amount. ... - (Virgini…
petty (petit) theft
stealing someone's property that does not have to have any va…
Criminal law Chapter 11
Crimes against other peoples property
the crime of theft grew out of the gen…
Different "taking" crimes
the federal mail fraud statute defines…
consist of taking, damaging or destroying property, and invad…
...
larceny, robbery, embezzlement, and false pretense.
...
Crimes against other peoples property
consist of taking, damaging or destroying property, and invad…
the crime of theft grew out of the gen…
...
27 terms
Law chapter 11/12
Litigation
Garnishment
Battery
Special Damages
A lawsuit; the legal action to settle a civil dispute
A court order requiring that money owned by a defendant to a…
Intentional physical contact that is harmful or offensive to…
Compensation payable in civil case for specific out-of-pocket…
Litigation
A lawsuit; the legal action to settle a civil dispute
Garnishment
A court order requiring that money owned by a defendant to a…
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