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Study sets matching "law chapter 7"

42 terms
Chapter 7 (LAW)
Assaultive Offenses
Assault
Aggravated Assault
Battery
Typically state not federal, misdemeanor under common law unl…
The attempt to inflict bodily injury upon another person, doe…
Assault committed with a danger out weapon or with intent to…
Unlawful use of force against another person that entails som…
Assaultive Offenses
Typically state not federal, misdemeanor under common law unl…
Assault
The attempt to inflict bodily injury upon another person, doe…
31 terms
Business Law Chapter 7
1. Which of the following is a tort?…
2. Which of the following is true rega…
3. Which of the following are common c…
4. _________ torts occur when the defe…
D. A wrong or injury to another, other than a breach of contr…
B. Tort litigation has been declining slightly since 1990.
C. Intentional, negligent, and strict-liability.
C. Intentional
1. Which of the following is a tort?…
D. A wrong or injury to another, other than a breach of contr…
2. Which of the following is true rega…
B. Tort litigation has been declining slightly since 1990.
20 terms
Business & Personal Law - Chapter 7: Consumer Laws and Contracts
Uniform commercial code (UCC)
Firm offer
Title
Bill of sale
Is a collection of laws that governs various types of busines…
A merchant's written promise to hold an offer open for the sa…
The right of ownership to goods
Is a formal evidence of ownership
Uniform commercial code (UCC)
Is a collection of laws that governs various types of busines…
Firm offer
A merchant's written promise to hold an offer open for the sa…
46 terms
Business Law Chapter 7
Contract
Four Requirements for a Valid Contract
Mutual Manifestation of Asset
Consideration
A legally enforceable promise or set of promises
1. Mutual Manifestation of Asset... 2. Consideration... 3. Capacity…
The outward expression of agreement by all parties to the ter…
Something of value given or detriment suffered in exchange fo…
Contract
A legally enforceable promise or set of promises
Four Requirements for a Valid Contract
1. Mutual Manifestation of Asset... 2. Consideration... 3. Capacity…
10 terms
Intro to Law Chapter 7
tort
workers' compensation
tortfeasor
punitive damages
A non-contractual civil wrong.
Laws that apply to those who are injured at work.
One who commits a tort.
Damages meant to punish.
tort
A non-contractual civil wrong.
workers' compensation
Laws that apply to those who are injured at work.
64 terms
Business Law Chapter 7
Two elements of a crime must be demons…
Liability without fault (strict liabil…
Classification of Crimes
Felonies
1. Actus Reus: wrongful behavior... 2. Mens Rea: guilty mind
applies to actions that, regardless of the care taken, are sp…
Felonies, Misdemeanors, Petty offenses
include serious crimes (murder) that are punishable by impris…
Two elements of a crime must be demons…
1. Actus Reus: wrongful behavior... 2. Mens Rea: guilty mind
Liability without fault (strict liabil…
applies to actions that, regardless of the care taken, are sp…
10 terms
Family Law Chapter 7
civil code
equitable distribution
joint tenancy
marital property
the system of Spanish and French concepts of marital property…
a system allowing family courts to distribute property acquir…
where each party owns equal interests in property and at the…
defined as property and/or income acquired during the marriage
civil code
the system of Spanish and French concepts of marital property…
equitable distribution
a system allowing family courts to distribute property acquir…
43 terms
Introduction to Law - Chapter 7: Torts
Restatement of the Law of Torts, Second
Assault
Battery
Transferred Intent
An authoritative secondary source, written by a group of lega…
An intentional act that creates a reasonable apprehension of…
An intentional act that creates a harmful or offensive physic…
A legal fiction that if a person directs a tortious action to…
Restatement of the Law of Torts, Second
An authoritative secondary source, written by a group of lega…
Assault
An intentional act that creates a reasonable apprehension of…
27 terms
Media Law Chapter 7
Protections of the 6th Amendment
Rideau v. State of Louisiana
Sheppard v. Maxwell
Gag Order
Right to a fair trial (speedy and public, impartial jury, etc)
Rideau was taped confessing to robbing a bank and taking host…
Dr. Shepard was accused of murdering his wife-- lost of press…
restrictions put on trial participants including attorneys wi…
Protections of the 6th Amendment
Right to a fair trial (speedy and public, impartial jury, etc)
Rideau v. State of Louisiana
Rideau was taped confessing to robbing a bank and taking host…
45 terms
Law Chapter 7 Deeds
Acknowledgment
Actual Notice
Consideration
Constructive Notice
When a party signing a document formally declares to an autho…
Having actual knowledge of a fact, as opposed to knowledge im…
Anything of value given to induce another person into enterin…
Knowledge of a fact imputed to a person by law. A person is h…
Acknowledgment
When a party signing a document formally declares to an autho…
Actual Notice
Having actual knowledge of a fact, as opposed to knowledge im…
17 terms
Chapter 7 business law
Persons under limited capacity to cont…
Minors
Necessaries
Diminishing capacity
Minors, persons under diminishing capacity, corporations, lab…
Contracts with minors for non-necessaries of life and benefic…
Good, clothes, lodging, Medical attention, legal advice, tran…
Insane or incapacitated by drugs or alcohol
Persons under limited capacity to cont…
Minors, persons under diminishing capacity, corporations, lab…
Minors
Contracts with minors for non-necessaries of life and benefic…
35 terms
business law chapter 7
crime
beyond a reasonable doubt
actus reas
the guilty act
a wrong against society set forth in a statute and if committ…
if the jury views a the evidence in the case as reasonably pe…
a guilty (prohibited) act. the commission of a prohibited act…
a requirement based on the premises of criminal law. that a p…
crime
a wrong against society set forth in a statute and if committ…
beyond a reasonable doubt
if the jury views a the evidence in the case as reasonably pe…
50 terms
law chapter 7-8
contract
express (type of contract)
implied (type of contract)
quasi (type of contract)
a legally enforceable exchange of promises, or an exchange of…
can be written or oral, parties intend to contract and specif…
no express contract, but when the nature of the transactional…
parties have no contractual relationship, however one party h…
contract
a legally enforceable exchange of promises, or an exchange of…
express (type of contract)
can be written or oral, parties intend to contract and specif…
33 terms
Chapter 7 - Law
battery
assault
false imprisonment (false arrest)
infliction of emotional distress
intentional infliction of harmful or offensive bodily contact…
intentional infliction of apprehension of immediate bodily ha…
intentional confining or a person against her will within fix…
extreme and outrageous conduct intentionally or recklessly ca…
battery
intentional infliction of harmful or offensive bodily contact…
assault
intentional infliction of apprehension of immediate bodily ha…
26 terms
Business Law (Chapter 7)
Mutual Assent
Offer
Acceptance
Objective Intent
the broad underlying requirement that must be met to form an…
a promise that, according to its terms, is contingent upon a…
an express act or implication by conduct that manifests assen…
for an offer to have legal effect, the requirement that, gene…
Mutual Assent
the broad underlying requirement that must be met to form an…
Offer
a promise that, according to its terms, is contingent upon a…
27 terms
Chapter 7 Criminal Law
Crime
Parties
Classification
Criminal Intent
Any act done by an individual in violation of the duties he/s…
Plaintiff, prosecutor, defendant, defense attorney
Felonies, misdemeanor, violation
Requires intent and action
Crime
Any act done by an individual in violation of the duties he/s…
Parties
Plaintiff, prosecutor, defendant, defense attorney
Canadian Business Law Chapter 7
Rules of Construction
Express term
Implied Terms
How Courts Interpret Contracts
Guiding principles for interpreting or "constructing" the ter…
A provision of a contract that states a promise explicitly. (…
1. Business Efficacy... 2. Customs in the trace of transaction... 3…
1. Rules of construction... 2. Vague or ambiguous terms... 3. Parol…
Rules of Construction
Guiding principles for interpreting or "constructing" the ter…
Express term
A provision of a contract that states a promise explicitly. (…
10 terms
Tort Law Chapter 7
causation
cause in fact
proximate cause
eggshell skull rule
the essential element of negligence that limits negligence li…
the part of causation brought about by an act or omission wit…
the part of causation that requires a sufficient connection b…
an exception to proximate cause according to which, if it is…
causation
the essential element of negligence that limits negligence li…
cause in fact
the part of causation brought about by an act or omission wit…
18 terms
Bus law chapter 7
Express terms:
Rules of construction:
Implied terms:
If the contract has been drafted by on…
Terms of the contract that state or make explicit one party's…
Guiding principles for interpreting or "constructing" the ter…
Terms that are not expressly included in a contract but that…
Against that party in favor of the other
Express terms:
Terms of the contract that state or make explicit one party's…
Rules of construction:
Guiding principles for interpreting or "constructing" the ter…
28 terms
American Law chapter 7: Tort Law
Tort
Intentional tort
Negligent tort
Strict liability
A wrong of which the law will fix usually with money.
Intentional act... Assault, battery, false imprisonment, intent…
Carelessness... ELEMENTS: ... 1) duty... 2) breach of duty("but for")…
There may be no fault. Failure to live up to a standard of re…
Tort
A wrong of which the law will fix usually with money.
Intentional tort
Intentional act... Assault, battery, false imprisonment, intent…
11 terms
Criminal Law: Chapter 7
Accomplice
Accessories
Accomplice actus reus
Mere presence rule
Someone participates before/during the commission of crimes
Participates after crimes are committed (mostly misdemeanors)
the actor takes some positive acts to aid in the commission o…
Not enough (by itself) to create criminal liability.... Exceptio…
Accomplice
Someone participates before/during the commission of crimes
Accessories
Participates after crimes are committed (mostly misdemeanors)
36 terms
Business and Personal Law Chapter 7 Capacity
capacity (sounds like capable, able to)
capacity is the
rebuttable presumption
presumption
relates directly to the involvement of minors in contracts
legal ability to enter a contract. when individuals enter int…
the presumption that the other party or parties have the capa…
assumption of something as true; if you advertise to teach nu…
capacity (sounds like capable, able to)
relates directly to the involvement of minors in contracts
capacity is the
legal ability to enter a contract. when individuals enter int…
25 terms
Chapter 7 Business Law
UCC
Goods
Merchant
Firm offer
Collection of laws that governs various types of business tra…
All things that are movable
Business or person who deals and specializes in sale of goods
Merchant's written promise to hold an offer open for sale or…
UCC
Collection of laws that governs various types of business tra…
Goods
All things that are movable
Chapter 7 Business Law
Assumption of Risk
Business Invitee
Causation in Fact
Comparative Negligence
A defense against negligence that can be used when the plaint…
Those people, such as customers or clients, who are invited o…
An act or omission without which an event would not have occu…
A theory in tort law under which the liability for injuries r…
Assumption of Risk
A defense against negligence that can be used when the plaint…
Business Invitee
Those people, such as customers or clients, who are invited o…
6 terms
BuzLaw chapter 7
Market share liability
Product Liability
Product misuse -
Statue of repose -
courts hold each manufacturer responsible for a percentage of…
The legal theory under which those who make, sell, or lease g…
occurs when a product is used for a purpose for which it was…
similar to statute of limitations, it sets outer time limits…
Market share liability
courts hold each manufacturer responsible for a percentage of…
Product Liability
The legal theory under which those who make, sell, or lease g…
21 terms
Business Law Chapter 7
promise
sources fo contract law
Functions of a contract
Contract
an assertion that something either will or will not happen in…
governed by the common law of contracts
The rules of contract law are often in business agreements to…
An agreement that can be enforced in court
promise
an assertion that something either will or will not happen in…
sources fo contract law
governed by the common law of contracts
35 terms
LAW 3220 CHAPTER 7
5%
In state courts
Fraud/Intentional Misrepresentation
Misstatement
What percentage of civil suits are tort actions?
Where are most tort claims filed?
An intentional misrepresentation of a material fact designed…
In securities law, liability may be imposed on those responsi…
5%
What percentage of civil suits are tort actions?
In state courts
Where are most tort claims filed?
58 terms
Medical Assisting chapter 7 Medicine and law
abandonment
act
allegation
appeal
discontinue medical care without proper notice
decision or determination
statement by a party to a legal action of what the party unde…
legal proceeding by which a case is brought before higher cou…
abandonment
discontinue medical care without proper notice
act
decision or determination
chapter 7 street law
incarceration
community policing
drunk driving
restitution
A method of protecting society from criminals by keeping them…
Assigning police to neighborhoods where they walk the beat an…
driving while intoxicated
(n.) restoration to the rightful owner (Many people feel that…
incarceration
A method of protecting society from criminals by keeping them…
community policing
Assigning police to neighborhoods where they walk the beat an…
15 terms
Comm Law Chapter 7
Warren & Brandeis privacy proposal, ye…
Categories of invasion of privacy laws:
State the year, state, and category of…
Define Appropriation:
Samuel Warren & Lewis Brandeis, 1890, Harvard Law Review arti…
appropriation, intrusion, disclosure, false light
First Privacy Law was passed in 1903, in New York, and was fo…
The use of someone's name, photo or likeness for commercial g…
Warren & Brandeis privacy proposal, ye…
Samuel Warren & Lewis Brandeis, 1890, Harvard Law Review arti…
Categories of invasion of privacy laws:
appropriation, intrusion, disclosure, false light
41 terms
Chapter 7 Business Law
Palsgraf v. Long Island Railroad Co. a…
A landowner's highest duty is owed to…
Courts recognize a tort of negligently…
A defendant who engages in pile drivin…
F
T
T
F
Palsgraf v. Long Island Railroad Co. a…
F
A landowner's highest duty is owed to…
T
30 terms
Chapter 7 Media Law
6th Amendment
Nebraska Press Association v. Stuart C…
Irvin v. Dowd 1961
Rideau v. State of Louisiana 1963
Accused shall enjoy to a speedy and public trial by an impart…
Judge restricted members of the press from publishing confess…
Man had to change his venue twice and still couldn't escape a…
Supreme court reversed the ruling on a man who was stanched t…
6th Amendment
Accused shall enjoy to a speedy and public trial by an impart…
Nebraska Press Association v. Stuart C…
Judge restricted members of the press from publishing confess…
60 terms
Business law Chapter 7
Actus Reus
Affermative Defense
Arraignment
Arrest
Wrongful behaivor that is, actus reds or a guilty ac
a defendants response to a plaintiffs claim in which the defe…
The first appearance in court by the defendant, at which the…
the action on which the police, or a person acting law, seize…
Actus Reus
Wrongful behaivor that is, actus reds or a guilty ac
Affermative Defense
a defendants response to a plaintiffs claim in which the defe…
46 terms
Business Law Chapter 7
accession
adverse possession
artisans lien
attachment
property acquired by adding something to an owned object
property ownership acquired through open, notorious, actual,…
the lien that arises in favor of one who has expended labor u…
...
accession
property acquired by adding something to an owned object
adverse possession
property ownership acquired through open, notorious, actual,…
16 terms
Business Law Chapter 7
Assumption of risk
Business Invitee
Causation in Fact
Comparative Negligence
A defense against negligence that can be used when the plaint…
A person, such as a customer or a client, who is invited onto…
An act or omission without which an event would not have occu…
A theory in tort law under which the liability for injuries r…
Assumption of risk
A defense against negligence that can be used when the plaint…
Business Invitee
A person, such as a customer or a client, who is invited onto…
34 terms
Chapter 7: Criminal Law
Crime
Burglary
People vs. Crawford
Criminal Trespass
Offense against society or public wrong, determined by the le…
1. Person enters a building or occupied structure (not open t…
Person was convicted for burglary after breaking the lock on…
When a person enters the land of another without permission o…
Crime
Offense against society or public wrong, determined by the le…
Burglary
1. Person enters a building or occupied structure (not open t…
19 terms
Criminal Law Chapter 7 Key Terms
complicity
vicarious liability
agency theory
forfeited personal identity theory
establishes when you can be criminally liable for someone els…
establishes when a party can be criminally liable because of…
accomplice liability theory that assumes we're autonomous age…
the idea that when you choose to participate in crime, you fo…
complicity
establishes when you can be criminally liable for someone els…
vicarious liability
establishes when a party can be criminally liable because of…
16 terms
Law Key Terms Chapter 7
Forensic Science
Search
Duty Counsel
Appearance Notice
The use of medicine and science to solve legal problems.
To look for evidence related to a charge.
A lawyer on duty at the court.
A document that names the offence with which the accused has…
Forensic Science
The use of medicine and science to solve legal problems.
Search
To look for evidence related to a charge.
21 terms
Business Law : Chapter 7
Intentional Torts
Law of Tort three principle objectives
Intent
Battery
All forms of civil liability are either voluntarily assumed,…
1) to compensate persons who sustain harm or loss resulting f…
as used in tort law, does not require a hostile or evil motiv…
intentional infliction of harmful or offensive bodily contact…
Intentional Torts
All forms of civil liability are either voluntarily assumed,…
Law of Tort three principle objectives
1) to compensate persons who sustain harm or loss resulting f…
44 terms
Law chapter 7..again
Sole proprietorship
Partnership
Can a partnership be sued?
Joint venture
A person doing business for himself or herself. The simplest…
An association of two or more persons to carry on a business…
It used to not be able to through common law as partnerships…
Joint venture is defined as an association of two or more per…
Sole proprietorship
A person doing business for himself or herself. The simplest…
Partnership
An association of two or more persons to carry on a business…
60 terms
Criminal Law Chapter 7
Inchoate crimes
3 Types of Inchoate Crimes
Attempt
Conspiracy
-beginning crimes... -provide that individuals can be convicted…
-attempt... -conspiracy... -solicitation
-punishes an unsuccessful effort to commit a crime... -want to c…
punishes an agreement... -need to have an overt act that can cle…
Inchoate crimes
-beginning crimes... -provide that individuals can be convicted…
3 Types of Inchoate Crimes
-attempt... -conspiracy... -solicitation
15 terms
Business Law- chapter 7
THE BOARD- functions
types of directors
independent directors
board structure
- delegating its power: to an executive committee, determines…
- executive (managers) + non executive (inside/outside) direc…
-they are directors that don't have a relationship with the i…
-managing director... -executive committee] ... -compensation commi…
THE BOARD- functions
- delegating its power: to an executive committee, determines…
types of directors
- executive (managers) + non executive (inside/outside) direc…
35 terms
LAW 3220 CHAPTER 7
5%
In state courts
Fraud/Intentional Misrepresentation
Misstatement
What percentage of civil suits are tort actions?
Where are most tort claims filed?
An intentional misrepresentation of a material fact designed…
In securities law, liability may be imposed on those responsi…
5%
What percentage of civil suits are tort actions?
In state courts
Where are most tort claims filed?
Business Law Chapter 7
Genuine Assent
Voidable Contract
Recission
Ratification
Agreement to enter into a contract that is evidenced by words…
Contract in which the injured party can withdraw, thus cancel…
backing out of the transaction by asking for the return of wh…
Acting toward the contract as though one intends to be bound…
Genuine Assent
Agreement to enter into a contract that is evidenced by words…
Voidable Contract
Contract in which the injured party can withdraw, thus cancel…
20 terms
criminal law - chapter 7
admonish
appellant
ambiguous
covert
to advise of rights
one who appeals to a higher court
not clear, more than one meaning
secretive, clandestine, disguised
admonish
to advise of rights
appellant
one who appeals to a higher court
law education chapter 7
crime
incarceration
community policing
substance abuse
an act or failure to act that violates a law and for which a…
imprisonment by state
a strategy whereby the community works actively with the loca…
the harmful overuse of chemicals, such as drugs or alcohol
crime
an act or failure to act that violates a law and for which a…
incarceration
imprisonment by state
21 terms
Chapter 7- Criminal Law
Crime
Beyond a Reasonable Doubt
Actus Reus
Mens Rea
a wrong against society proclaimed in a statute and, if commi…
the standard of proof used in criminal cases.
a guilty (prohibited) act. The commission of a prohibited act…
the wrongful mental state ("guilt mind"), or intent, that is…
Crime
a wrong against society proclaimed in a statute and, if commi…
Beyond a Reasonable Doubt
the standard of proof used in criminal cases.
25 terms
Business Law Chapter 7
strict
Ultra-hazardous
Product liability
Warranty theory
Defendant's liability for (blank) liability is without regard…
(Abnormally Dangerous Activities / Strict Liability)... Blank-b…
(Blank): Liability of "manufacturers and sellers for harmful…
Strict liability is not the only remedy available in a produc…
strict
Defendant's liability for (blank) liability is without regard…
Ultra-hazardous
(Abnormally Dangerous Activities / Strict Liability)... Blank-b…
8 terms
Chapter 7 Penal Law
Aggravated assault
Battery
Bias-motivated
Domestic Violence
Any assault of a vicious nature, including assault with inten…
Unlawful injury, however slight, done to another person, dire…
Basis for most hate crimes.
Assault or battery committed by one or two person's who live…
Aggravated assault
Any assault of a vicious nature, including assault with inten…
Battery
Unlawful injury, however slight, done to another person, dire…
14 terms
business law chapter 7
in establishing fraud, one must shout…
major defenses in the product liabilit…
fraud
scienter
scienter
-misuse... -assumption of risk
-deliberate deception... -intentional misrepresentation ... -missta…
intent to defraud ... -party wanted to mislead ... -must be damages
in establishing fraud, one must shout…
scienter
major defenses in the product liabilit…
-misuse... -assumption of risk
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