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Study sets matching "law chapter 3"

11 terms
Communication Law - Chapter 3
Traditional Public Forum
Symbolic Speech
The Tinker Test
Compatible Use Doctrine
Refers to public property that is open for expression and ass…
Speech is more than just words. Actions or symbols can also b…
Schools cannot restrict symbolic speech unless it causes a su…
Allows restriction of speech when "the manner of expression i…
Traditional Public Forum
Refers to public property that is open for expression and ass…
Symbolic Speech
Speech is more than just words. Actions or symbols can also b…
31 terms
Chapter 3- Dental Ethics and the Law
What is the term for withdrawing from…
In the dental field, ethical behavior…
What expresses the concept that the de…
What principle means that the dental t…
Abandonment
the American Dental Association Principle of Ethics.
Autonomy
Nonmaleficence
What is the term for withdrawing from…
Abandonment
In the dental field, ethical behavior…
the American Dental Association Principle of Ethics.
38 terms
Intro to Law Chapter 3
Courts
Plaintiff
Defendant
Appeal
governmental body that administers justice by applying laws t…
the person in trial trying to recover money damages or other…
-civil case: person from whom money is sought... -criminal case:…
formal request to a higher court to review the action of the…
Courts
governmental body that administers justice by applying laws t…
Plaintiff
the person in trial trying to recover money damages or other…
9 terms
Chapter 3-The Law in the Workplace
discrimination
equal employment opportunity act
EOE
Equal Pay Act
unfairly treating a person or group of people differently
a law that makes it illegal for an employer to discriminate b…
Equal Opportunity Employer
Law that prohibits unequal pay for men and women who are doin…
discrimination
unfairly treating a person or group of people differently
equal employment opportunity act
a law that makes it illegal for an employer to discriminate b…
44 terms
Business Law Chapter 3
Electronically Stored Information (ESI)
Courts
Federal Court System
Jurisdiction
Computerized evidence.
Judicial tribunals that meet in a regular place and apply the…
Authorized by Article III of the U.S. Constitution, which sta…
Authority of a court to hear and decide cases.
Electronically Stored Information (ESI)
Computerized evidence.
Courts
Judicial tribunals that meet in a regular place and apply the…
18 terms
Contract Law: Chapter 3
Acceptance
Counteroffer
Mirror Image Rule
Undisclosed Principal
Manifestation of assent in the manner requested or authorized…
A variance in the terms of the offer that constitutes a rejec…
To be valid, the acceptance must correspond exactly to the te…
Person, represented by an agent, who is party to a contract b…
Acceptance
Manifestation of assent in the manner requested or authorized…
Counteroffer
A variance in the terms of the offer that constitutes a rejec…
28 terms
Business Law Chapter 3
Domestic Violence
Hate Crime
Felonies
Burglary
A reckless form of physical or mental abuse between family or…
The use of symbols, writings, pictures, or spoken words to ca…
Major crimes punishable by imprisonment or death
Breaking and entering a dwelling place to commit a felony
Domestic Violence
A reckless form of physical or mental abuse between family or…
Hate Crime
The use of symbols, writings, pictures, or spoken words to ca…
31 terms
Business Law Chapter 3
Litigation
Pleadings
Plaintiff
Complaint
process of bringing, maintaining, and defending a lawsuit
paperwork filed with the court to initiate and respond to a l…
party who files a complaint
document a plaintiff files with the court and serves on the d…
Litigation
process of bringing, maintaining, and defending a lawsuit
Pleadings
paperwork filed with the court to initiate and respond to a l…
20 terms
Chapter 3- Criminal Law
crime
tort
treason
felony
an offense against the public at large punishable by the offi…
a private wrong that injures another person's physical well-b…
the levying of war against the United States, or the giving o…
a crime punishable by death or imprisonment in a federal or s…
crime
an offense against the public at large punishable by the offi…
tort
a private wrong that injures another person's physical well-b…
70 terms
LAW 3220 CHAPTER 3
Adversary System of Justice
Pleading
Complaint
Service of Process
A legal system in which the parties to a dispute present thei…
Statement of the plaintiff and the defendant that detail thei…
The initial pleading by the plaintiff in a civil action that…
In the pleadings stage, the delivery of the complaint to the…
Adversary System of Justice
A legal system in which the parties to a dispute present thei…
Pleading
Statement of the plaintiff and the defendant that detail thei…
39 terms
Chapter 3 Business Law
District Courts
Courts of Appeals
The Supreme Court
Special Courts
trail courts of general jurisdiction that hear and decide mos…
hear appeals from the district courts and review orders of ce…
the nation's highest court, whose principal function is to re…
have jurisdiction ever cases un a particular area of federal…
District Courts
trail courts of general jurisdiction that hear and decide mos…
Courts of Appeals
hear appeals from the district courts and review orders of ce…
35 terms
Law & Ethics for the Health Professions Chapter 3
Accreditation
Allopathic
Associate practice
Certification
Official authorization or approval for conforming to a specif…
Means "different suffering" and refers to the medical philoso…
A medical management system in which two or more physicians s…
A voluntary credentialing process whereby applicants who meet…
Accreditation
Official authorization or approval for conforming to a specif…
Allopathic
Means "different suffering" and refers to the medical philoso…
10 terms
Criminal Law Chapter 3
Harm or likely harm, Actus Reus, Mens…
Criminal possession between involves p…
Actual possession means the object has…
2. What are the components of a crime? Define each
8. How is the crime of possession different from most crimes?…
10. What is the difference between actual and constructive po…
Harm or likely harm, Actus Reus, Mens…
2. What are the components of a crime? Define each
Criminal possession between involves p…
8. How is the crime of possession different from most crimes?…
11 terms
Law: Chapter 3
Alternative Dispute Resolution
Arbitration
American Arbitration Association (AAA)
Court Annexed Arbitration
Settling the problem outside of court
-Agreement in contract... -Agrees to be bound by a third parties…
Provides unbiased arbitrator
Court forced arbitration
Alternative Dispute Resolution
Settling the problem outside of court
Arbitration
-Agreement in contract... -Agrees to be bound by a third parties…
12 terms
Business Law 3350: Chapter 3
save time and money
charge a fee
for opponents to work out a resolution…
makes a decision on the dispute
Alternative dispute resolution is often preferred to the trad…
Among the disadvantages of mediation are that the mediator is…
Part of the popularity of mediation is that it's goal, unlike…
Arbitration differs from other forms of ADR in that the arbit…
save time and money
Alternative dispute resolution is often preferred to the trad…
charge a fee
Among the disadvantages of mediation are that the mediator is…
17 terms
media law chapter 3
Clear & Present Danger (CPD)
Alien & Sedition Act of 1798
Espionage Act 1917
Sedition Act 1918
speech can be punished if it presents a clear and present dan…
forbade false scandalous & malicious publications (country st…
forbade willfully-conveyed false reports about WWI
forbade people from getting in the way of recruitment (WWI)
Clear & Present Danger (CPD)
speech can be punished if it presents a clear and present dan…
Alien & Sedition Act of 1798
forbade false scandalous & malicious publications (country st…
55 terms
Business law Chapter 3
Tort
Tortfeasor
Possession of certain rights by an inn…
Innocent party or the plaintiff
is a private wrong committed by one person against another
a person who commits a tort, interferes with another person's…
What are the three elements of a tort?
Other names for a victim
Tort
is a private wrong committed by one person against another
Tortfeasor
a person who commits a tort, interferes with another person's…
27 terms
ELDER LAW CHAPTER 3
adjudication
UGPPA
alleged incompetent person
respondent
judicial review and determination
Uniform Guardianship and Protective Proceedings Act
(AIP) person for whom guardianship is proposed
person being sued or responding to law suit
adjudication
judicial review and determination
UGPPA
Uniform Guardianship and Protective Proceedings Act
22 terms
Business and Personal Law Chapter 3
Tort
Tortfeasor
Intentional Tort
Most Common Intentional Torts against…
A private wrong committed by one person against another's per…
A party who has committed a tort.
An act that is intended to hurt, embarrass or scare another p…
1. assault and battery, 2. defamation, 3. intentionally infli…
Tort
A private wrong committed by one person against another's per…
Tortfeasor
A party who has committed a tort.
17 terms
Chapter 3- Business Law
Alternative dispute resolution
American arbitration association
Arbitration
Arbitration clause
The resolution of disputes in ways other than those involved…
The major organization offering arbitration services in the U…
The settling of a dispute of submitting it to a disinterested…
A clause in a contract that provides that, in the event of a…
Alternative dispute resolution
The resolution of disputes in ways other than those involved…
American arbitration association
The major organization offering arbitration services in the U…
19 terms
Chapter 3 Business Law
appellate brief
appellate court
arbitrator
associate circuit courts
written argument on the issues of law by opposing attorneys
reviews decisions of lower courts to determine if a significa…
independent third party who develops a binding and enforceabl…
court that hears minor criminal cases, state traffic offenses…
appellate brief
written argument on the issues of law by opposing attorneys
appellate court
reviews decisions of lower courts to determine if a significa…
37 terms
Business Law//Chapter 3
26th amendment
checks and balances
6th amendment
civil rights
gave all citizens age 18 or older the right to vote
division and allocation of specific authority to each of the…
the right to a speedy, public trial by an impartial jury and…
personal, natural rights guarenteed by the U.S. Constitution
26th amendment
gave all citizens age 18 or older the right to vote
checks and balances
division and allocation of specific authority to each of the…
32 terms
Business Law Chapter 3
Jurisdiction
Long arm statute
Injunction
Small claims court
The authority of the court to hear and decide a specific acti…
A state statute that permits a state to exercise jurisdiction…
A court decree ordering a person to do or refrain from doing…
A special court in which parties litigate small claims (usual…
Jurisdiction
The authority of the court to hear and decide a specific acti…
Long arm statute
A state statute that permits a state to exercise jurisdiction…
27 terms
Law for Business Chapter 3 & 4
tort
negligence
tortfeasor
contributory negligence
private wrong for which damages may be recovered
Failure to exercise reasonable care
a person whose action causes tort (injury)
negligence of the injured party (contribution to the injury)
tort
private wrong for which damages may be recovered
negligence
Failure to exercise reasonable care
11 terms
Comm Law Chapter 3
Tinker v. Des Moines School District,…
Hazelwood School District v. Kuhlmeier…
Kincaid v. Gibson, 236 F 3d 342 (6th C…
Hosty v. Carter, 412 F. 3d 731 (7th Ci…
Wore armbands to school protesting Vietnam War... (7-2 Ruling)…
Administration cut out two pages containing stories about tee…
College publications... Yearbooks were locked away due to unwan…
College publications... Admins wanted prior review and approval…
Tinker v. Des Moines School District,…
Wore armbands to school protesting Vietnam War... (7-2 Ruling)…
Hazelwood School District v. Kuhlmeier…
Administration cut out two pages containing stories about tee…
10 terms
Business Law (Chapter 3)
Felony
Misdemeanor
Criminal Act (Element of a Crime)
Required State of Mind (Element of a C…
a major crime punishable by imprisonment or death.... - More tha…
less serious with less severe penalty.... - Fine or brief impris…
a forbidden act defined by the state "guilty act".
criminal intent "guilty mind".
Felony
a major crime punishable by imprisonment or death.... - More tha…
Misdemeanor
less serious with less severe penalty.... - Fine or brief impris…
33 terms
B Law Chapter 3
pleadings, discovery, pre-trial motion…
complaint (missouri: petition
default judgement
counter claim
6 stages of a lawsuit
initiates the lawsuit; attempts to state one or more causes o…
failure to file responsive motion or answer, so the defendant…
cause of action against the plaintiff by the defendant which…
pleadings, discovery, pre-trial motion…
6 stages of a lawsuit
complaint (missouri: petition
initiates the lawsuit; attempts to state one or more causes o…
51 terms
Business Law Chapter 3
Judicial Review
Jurisdicition
Long Arm Statute
Probate Court
Process by which a court decides on the constitutionality of…
The authority of a court to hear and decide a specific case
a state statute that permits a state to obtain personal juris…
A state court of limited jurisdiction that conducts proceedin…
Judicial Review
Process by which a court decides on the constitutionality of…
Jurisdicition
The authority of a court to hear and decide a specific case
37 terms
Business Law Chapter 3
Affidavit
Affirmative Defense
Answer
Brief
A written or printed voluntary statement of facts, confirmed…
A response to a plaintiff's claim that does not deny the plai…
Procedurally, a defendant's response to the plaintiff's compl…
A formal legal document submitted by the attorney for the app…
Affidavit
A written or printed voluntary statement of facts, confirmed…
Affirmative Defense
A response to a plaintiff's claim that does not deny the plai…
7 terms
Business Law Chapter 3
Due Process
Stages of litigation
Pretrial procedures
Discovery
requires adequate notice and a fari and impartial hearing
1: pretrial, 2: trial, 3: posttrial
Consult Attorney, pleadings, discovery, conference, jury sele…
the process by which parties obtain information from the oppo…
Due Process
requires adequate notice and a fari and impartial hearing
Stages of litigation
1: pretrial, 2: trial, 3: posttrial
13 terms
Business Law - Chapter 3
Declaration of Independence
Articles of Confederation
Bill of Rights
civil rights
document drafted by representatives of the 13 original coloni…
loose form of charter for common government adopted by the 13…
first 10 amendments to the U.S. Constitution
personal, human rights recognized & guaranteed by the U.S. Co…
Declaration of Independence
document drafted by representatives of the 13 original coloni…
Articles of Confederation
loose form of charter for common government adopted by the 13…
48 terms
Business and Personal Law - Chapter 3
Tort
Tortfeasor
Compensate
Intentional torts
a private wrong committed by one person against another
a person who commits a tort
to make up for a loss
actions that deliberately hurt, embarrass, or scare people
Tort
a private wrong committed by one person against another
Tortfeasor
a person who commits a tort
12 terms
Family Law Chapter 3
Divorce Act
Place of commencing a divorce
Grounds for divorce
Separation
governed by the Divorce Act; federal legislation
can be done in any province where the spouse has been residin…
breakdown of marriage which can be determined by separation f…
parties must be living apart at the time of the proceeding fo…
Divorce Act
governed by the Divorce Act; federal legislation
Place of commencing a divorce
can be done in any province where the spouse has been residin…
11 terms
Business Law Chapter 3
Ethics
Business Ethics
Moral minimum
stock buyback
the study of what constitutes right or wrong behavior
a consensus as to what constitutes right or wrong behavior in…
the minimum degree of ethical behavior expected of a business…
the purchase of shares of a company's own stock by that compa…
Ethics
the study of what constitutes right or wrong behavior
Business Ethics
a consensus as to what constitutes right or wrong behavior in…
9 terms
Business Law - Chapter 3
Judicial Review
Requirements for court to hear lawsuit
Jurisdiction
Venue
Judicial branch decides on constitutionality of legislative a…
Jurisdiction, Venue, and Standing to sue.
Long Arm Statutes - Permits a state to exercise jurisdiction…
Most appropriate location of trial. Area in which legal actio…
Judicial Review
Judicial branch decides on constitutionality of legislative a…
Requirements for court to hear lawsuit
Jurisdiction, Venue, and Standing to sue.
110 terms
LAW 3220 CHAPTER 3
Adversary System of Justice
Pleading
Complaint
Service of Process
A legal system in which the parties to a dispute present thei…
Statement of the plaintiff and the defendant that detail thei…
The initial pleading by the plaintiff in a civil action that…
In the pleadings stage, the delivery of the complaint to the…
Adversary System of Justice
A legal system in which the parties to a dispute present thei…
Pleading
Statement of the plaintiff and the defendant that detail thei…
13 terms
Chapter 3: Gas Laws
Barometer
Boyle's Law
Charles' Law
Combined Gas Law
An instrument that measures the pressure of gas particles in…
States that as volume decreases, pressure increases and vice…
States that as temperature increases, volume increases and vi…
Relates the pressure, volume, and temperature of a gas
Barometer
An instrument that measures the pressure of gas particles in…
Boyle's Law
States that as volume decreases, pressure increases and vice…
31 terms
Criminal Law Chapter 3
Essential Elements Of Crime
Strict liability crime
Reasonable doubt
External physical act
1. The physical aft or omission... 2. A mental requirement known…
Can be found in criminal laws pertaining to traffic violation…
Before a person may be convicted of a crime that requires pro…
That the conduct or act forbidden by the law of the jurisdict…
Essential Elements Of Crime
1. The physical aft or omission... 2. A mental requirement known…
Strict liability crime
Can be found in criminal laws pertaining to traffic violation…
45 terms
Chapter 3. Criminal Law
Crime
plaintiff
prosecutor
defendant
an act against the public good
the party that accuses someone of a crime.
government attorney who presents the case in court against th…
accused person
Crime
an act against the public good
plaintiff
the party that accuses someone of a crime.
Business Law Chapter 3
Alternative dispute resolution (ADR)
Arbitration
brief
compliant
The resolution of disputes in ways other than those involved…
The settling of a dispute by submitting it to a disinterested…
A written summary or statement prepared by one side in a laws…
The pleading made by a plaintiff alleging wrongdoing on the p…
Alternative dispute resolution (ADR)
The resolution of disputes in ways other than those involved…
Arbitration
The settling of a dispute by submitting it to a disinterested…
12 terms
Chapter 3- Hosp Law
Place of public accommodation
Discrimination
Americans with Disabilities Act
civil rights
a variety of business establishments open to the public
the act of treating some people different from and less favor…
a federal law that bars discrimination against people with di…
personal rights that derive primarily from the Constitution
Place of public accommodation
a variety of business establishments open to the public
Discrimination
the act of treating some people different from and less favor…
31 terms
Business Law Chapter 3
Litigate
Mediator
Arbitrator
Court
To take something to court. To allow a court to resume your d…
The person who tries to develop a solution acceptable to both…
Usually holds an informal hearing to determine the solution.…
A government forum that administers justice under the law.
Litigate
To take something to court. To allow a court to resume your d…
Mediator
The person who tries to develop a solution acceptable to both…
24 terms
Comm Law Chapter 3
"bad tendency" test
"clear and imminent danger" test
"clear and present danger" test
Espionage Act of 1917 (as amended in 1…
"nip it in the bud" or you can deal with a problem before it…
"a clear and imminent danger that it will bring about forthwi…
Espionage Act cases ~ Schenck v. US, Frohwerk v US, and Debs…
Directed at acts of sabotage and the protection of military s…
"bad tendency" test
"nip it in the bud" or you can deal with a problem before it…
"clear and imminent danger" test
"a clear and imminent danger that it will bring about forthwi…
44 terms
Business Law Chapter 3
Adversary System of Justice
Pleading
Complaint
Service of Process
requires the parties to represent themselves, usually through…
the complaint
the plaintiff must state the basis of the court's subject-mat…
...
Adversary System of Justice
requires the parties to represent themselves, usually through…
Pleading
the complaint
40 terms
Business Law Chapter 3
Separation of Powers
Checks and Balances
Federalism
Federal Supremacy
Giving distinct powers to the president and the federal courts
A system that allows each branch of government to limit the p…
Structures power relations between the federal government and…
Dictates that when state law conflicts with valid federal law…
Separation of Powers
Giving distinct powers to the president and the federal courts
Checks and Balances
A system that allows each branch of government to limit the p…
16 terms
Business Law: Chapter 3
Judicial review
Jurisdiction
In rem
Long-arm statutes
the right of the Supreme Court to say that something is uncon…
the power of a court to hear a dispute and to "speak the law"…
power to decide issuers relating to real or personal property
used for non-resident parties based on "minimum contacts" wit…
Judicial review
the right of the Supreme Court to say that something is uncon…
Jurisdiction
the power of a court to hear a dispute and to "speak the law"…
70 terms
LAW 3220 CHAPTER 3
Adversary System of Justice
Pleading
Complaint
Service of Process
A legal system in which the parties to a dispute present thei…
Statement of the plaintiff and the defendant that detail thei…
The initial pleading by the plaintiff in a civil action that…
In the pleadings stage, the delivery of the complaint to the…
Adversary System of Justice
A legal system in which the parties to a dispute present thei…
Pleading
Statement of the plaintiff and the defendant that detail thei…
21 terms
Chapter 3 Law&Ethics
Certification
Clinic Manager
Continuing Education Units (CEU)
Credential
documentation from a professional organization that an indivi…
a person who has additional education and experience in the h…
these are awarded to professionals within a particular field…
evidence of having achieved a certain level of knowledge thro…
Certification
documentation from a professional organization that an indivi…
Clinic Manager
a person who has additional education and experience in the h…
23 terms
chapter 3 criminal law
Abandoned property:
Caveat emptor:
Claim of right:
Conversion:
Property left with no intent to claim in the future.
Let the buyer beware
Legal to obtain property you own free and clear, by stealth.
Using the property or goods of another for one's own use with…
Abandoned property:
Property left with no intent to claim in the future.
Caveat emptor:
Let the buyer beware
39 terms
Business Law Chapter 3
judicial review
Marbury v. Madison
jurisdiction
long arm statute
process by which a court decides on the constitutionality of…
case that established power of judicial review
authority of a court to hear and decide a specific case
state statute that permits a state to exercise jurisdiction o…
judicial review
process by which a court decides on the constitutionality of…
Marbury v. Madison
case that established power of judicial review
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