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MORT 234 Ethics And Laws I > 1-4 Legal System > Flashcards

1-4 Legal System Flashcards

1
Q
  • those rules of civil conduct commanding what is right and prohibiting what is wrong
  • a rule of action prescribed by an authority able to ENFORCE its will
  • governmental rule prescribing conduct and carrying a PENALTY for violation
A

Law

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2
Q

Sum of money a wrongdoer must pay to an injured party

A

Damages

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3
Q

Those rules of conduct prescribed by government and its agencies in regulating business transaction

A

Business law

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4
Q
  • CUSTOMS which have become recognized by the courts as binding on the community
  • non-legislated principles and rules of action predicated upon usages and CUSTOMS
A

Common law

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5
Q
  • CUSTOMS which have become recognized by the courts as binding on the community
  • non-legislated principles and rules of action predicated upon usages and CUSTOMS
A

Common law

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6
Q
  • justice system based on FAIRNESS
  • provides relief other than merely money damages
A

Equity

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7
Q

Power to issue CEASE AND DESIST orders

A

Injunctive powers

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8
Q

Court’s temporary order forbidding an action

A

Restraining order

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9
Q
  • a PERMANENT judicial order or decree forbidding the performance of a certain act
  • court’s permanent order forbidding a specific action
A

Injunction

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10
Q
  • any fundamental or important law or edict
  • document that contains fundamental principles of a government
A

Constitution

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11
Q

First 10 amendments of the US Constitution, enacted by the first Congress to protect the civil rights and liberties of citizens and states

A

Bill of Rights

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12
Q

Law enacted by legislative bodies

A

Statute

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13
Q

Law enacted by cities

A

Ordinance

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14
Q

COLLECTION of laws, rules, or regulations

A

Code

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15
Q

APPELLATE court decisions that ESTABLISH precedented principles

A

Case law

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16
Q

DECISION of a court which is thereafter followed as an example in subsequent, similar cases

A

Precedent

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17
Q

PRINCIPLE that the decision of a higher court (should serve as a guide or precedent and) control the decision of a similar case in the future

A

Stare decisis

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18
Q

Law created by LEGISLATIVE BODIES in contrast to law generated by judicial opinions (case law) and administrative bodies (administrative law)

A

Statutory law

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19
Q

Law enacted by a local municipal governing body (e.g. zoning, building, safety, etc)

A

Municipal ordinances

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20
Q

Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of BUILDINGS

A

Building code

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21
Q

Laws passed by a municipality by virtue of its police power which regulates and prescribes the kind of buildings, residences, or businesses that shall by built and used in difference parts of the municipality

A

Zoning ordinance

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22
Q

That body of law created by federal and state administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions

A

Administrative Law

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23
Q
  • a governmental body created by legislation empowered to regulate an industry and issue rules and regulations
  • governmental board or commission with authority to regulate matters or implement laws
A

Administrative agency

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24
Q

Enactments by an administrative body WITHIN the jurisdiction of that agency

A

Rules and regulations

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25
Q

An agency of federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising, and other unfair methods of competition

A

Federal Trade Commission (FTC)

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26
Q
  • legal proceedings concerned with the rights of public citizens
  • body of law dealing with enforcement or protection of private rights
  • the body of law concerned with private or purely personal rights
A

Civil law

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27
Q
  • laws dealing with crimes and the punishment of wrongdoers
  • law dealing with offenses against society
A

Criminal law

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28
Q
  • an offense which is injurious to society as a whole
  • offense against society, the state, or a government
  • an action in violation of constitution, statues, or ordinances (e.g. treason, felony, misdemeanor)
  • violation of a law
A

Crime (criminal act)

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29
Q

Government employee who brings criminal actions

A

Prosecutor (district attorney)

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30
Q

A more serious criminal offense that is punishable by imprisonment in a penitentiary for more than one year or by death

A

Felony

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31
Q
  • a criminal offense which is neither treason or a felony
  • a less serious criminal offense, generally punishable by fine and/or imprisonment of less than one year
A

Misdemeanor

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32
Q

An offense that can be either a felony or a misdemeanor

A

Wobbler

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33
Q

Offense less serious than a misdemeanor

A

Infraction (violation)

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34
Q
  • a private or civil wrongful (other than breach of contract, either intentional or caused by negligence) for which there many be action for damages to be recovered
  • a wrongful act committed by one person against another person or their property
A

Tort

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35
Q
  • failure to exercise ordinary, reasonable and prudent, care
  • the lack of due care exercised by a wrongdoer who has not acted as a reasonable person would
  • a breach of a legal duty to act carefully resulting in injury to another or damage to another’s property
  • omission to do something which a reasonable and prudent person would do under ordinary circumstances, or the doing of something which said person would not do
A

Negligence

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36
Q

The INTENTIONAL failure to perform a manifest duty in RECKLESS DISREGARD of the consequences as affecting the life or property of another

A

Gross negligence

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37
Q
  • improper, negligent professional act, and a breach of contract by a professional person
  • failure to perform a professional service with the ability and care generally exercised by others in the profession
A

Malpractice

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38
Q
  • An act showing inherent baseless or vileness of principle or action
  • shameless wickedness; depravity
A

Moral turpitude

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39
Q
  • principles that determine the morality of one’s conduct, motives, and duties
  • a set of moral principles or values governing individuals or groups
  • conforming to accepted professional standards of conduct
A

Ethics

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40
Q

Authority of a court to hear a case

A

Jurisdiction

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41
Q

Law allowing a state to have jurisdiction over nonresidents

A

Long-arm statute

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42
Q

Location where a case is to be tried

A

Venue

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43
Q

Courts that conducts the original trial of a case and renders its decision

A

Trial court

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44
Q
  • court that reviews the decision of another court, usually of a lower court
  • courts hearing cases appealed from a lower court
A

Appellate court

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45
Q

Federal trial courts with limited jurisdiction, such as the US Tax Court

A

Special federal court

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46
Q

Trial court of the federal court system

A

Federal district court

47
Q

Federal jurisdiction based on parties being from difference states

A

Diversity jurisdiction

48
Q

Court that hears appeals in the federal court system

A

Federal court of appeals

49
Q

Highest court in the United States

A

Supreme Court of the United States

50
Q

Order to product record of a case for review by a higher court

A

Writ of certiorari

51
Q

A request to a higher court to review a lower court’s decision

A

Appeal

52
Q

Trial court that hears only cases involving minor offenses and personal disputes

A

Inferior court

53
Q

Court of record in which a criminal or civil case is first tried

A

Court of original general jurisdiction

54
Q

Court in which an official record of the proceedings is kept

A

Court of record

55
Q

Intermediate appellate court

A

State courts of appeals

56
Q

Highest court in most states

A

State Supreme Court

57
Q

A court having jurisdiction over individuals’ estates and proves authenticity of testator’s will

A

Probate court

58
Q

Court with jurisdiction over cases involving delinquent, dependent, and neglected children

A

Juvenile court

59
Q

Court that handles divorce and related cases

A

Domestic relations court

60
Q

Chief officer of a court

A

Judge

61
Q

Chief officer of an INFERIOR court
(2 names)

A

Justice of the peace
Magistrate

62
Q

Court officer overseeing disposition of a case

A

Trial justice

63
Q

Executive officer of a Court of record

A

Sheriff

64
Q

Executive officer of a federal court

A

Marshal

65
Q

Person licensed to represent others in court

A

Attorney (lawyer)

66
Q

Law specifying how actions are filed and what trial procedure to follow

A

Procedural law

67
Q

The individual who initiates a civil action / brings action in a court

A

Plaintiff

68
Q

Person against who legal action is brought / is filed

A

Defendant

69
Q
  • written request which initiates a civil lawsuit
    -written request to a court to settle a dispute
    (2 names)
A

Complaint (petition)

70
Q
  • notice of suit
  • notice of complaint given to a defendant, attaching the complaint and stating a time frame in which a response or answer must be filed, or an appearance made, and which serves the purpose of conferring personal jurisdiction over the defendant
    (2 names)
A

Summons (process)

71
Q
  • written response by defendant to a complaint’s charges
  • an official document detailing a defendant’s defense
    (2 names)
A

Answer (motion)

72
Q
  • pre-trial steps taken to learn the details of the case
  • means of obtaining unprivileged information from the other party before a trial
A

Discovery

73
Q

To take into police custody

A

Arrest

74
Q

Administrative steps taken after an arrested person is brought to a police station, which involves entry of the person’s name, the crime for which the arrest was made, and other relevant facts of the police “blotter,” and which may also include photographing, fingerprinting and the like

A

Booking

75
Q

Charging a person with a crime and asking for that person’s plea

A

Arraignment

76
Q

Fact acknowledged in a course of legal proceeding

A

Judicial admission

77
Q

A decision of a court of law

A

Judgment

78
Q

The carrying out or completion of some task

A

Execution

79
Q

Person whose action causes injury

A

Tortfeasor

80
Q

Negligence of the injured party

A

Contributory negligence

81
Q

Contributory negligence that reduces but does not bar recovery

A

Comparative negligence

82
Q

Tort caused by or involving a business

A

Business tort

83
Q

Responsibility for wrongful acts or other debts

A

Liability

84
Q

Manufacturer of product liable without proof of negligence for dangerous product

A

Strict liability

85
Q

False statements of fact that degrades quality of another’s goods or services
(3 names)

A

Injurious falsehood
Commercial disparagement
Trade libel

86
Q

Telling something to a third person

A

Communication

87
Q

Representing goods or services as being those of another

A

Confusion of source

88
Q

Word, symbol, devise, or combination of them used to identify and distinguish goods from other goods

A

Trademark

89
Q

Special meaning of a mark that distinguishes goods, in such a way as to warrant trademark protection

A

Secondary meaning

90
Q

Unauthorized use or imitation of another’s mark or name

A

Trademark or trade name infringement

91
Q

Lessening the capacity of a famous mark to identify and distinguish goods

A

Trademark or trade name dilution

92
Q

Total impression of product results in confusion as to product’s origin

A

Unfair competition

93
Q

Crimes against a business or committed by using a business

A

Business crime

94
Q

Act of taking another’s property without consent

A

Theft

95
Q

The FORCIBLE BREAKING AND ENTERING of premises closed for business with the subsequent removal of cash or merchandise

A

Burglary

96
Q

Taking unpurchased goods from a store

A

Shoplifting

97
Q

Fraudulent APPROPRIATION of property by a person to whom it has been ENTRUSTED

A

Embezzlement

98
Q

Taking and carrying property away without consent of the person in possession of the property

A

Larceny

99
Q

Crime that is committed with the aid of computers or because computers are involved

A

Computer crime

100
Q

Unauthorized use of, or access to, a computer

A

Computer trespass

101
Q

Unauthorized outsider who gains access to another’s computer system

A

Hacker

102
Q

Set of software instructions that produces abnormal computer behavior

A

Rogue program

103
Q

Software copied illegally

A

Pirated software

104
Q

Device that permits sending anonymous e-mail messages and software without the recipient knowing the source of the communication

A

Anonymous remailer

105
Q

Having to PAY BACK profits received illegally

A

Disgorgement of profits

106
Q

Prohibition on doing business with government

A

Debarment

107
Q
  • the intentional or reckless false statement of a material fact, upon which the injured party relied, which induced the injured party to enter into a contract, to his or her detriment
  • inducing another to contract as a result of an intentional or recklessly false statement of a material fact
A

Fraud

108
Q

Federal agency that enforces economic and trade sanctions

A

Office of Foreign Assets Control (OFAC)

109
Q

Enacting administrative rules by publishing the proposed rule and then the final rule without holding formal hearings

A

Notice and comment rulemaking

110
Q

Statutes that seek to promote competition among businesses

A

Antitrust law

111
Q

FEDERAL LEGISLATION intended to promote competition among businesses by prohibiting restraint of trade

A

Sherman Antitrust Act

112
Q

Activities deemed illegal regardless of their effect

A

Per se violation

113
Q

A governmental agency with environmental protection regulatory and enforcement authority

A

Environmental Protection Agency (EPA)

MORT 234 Ethics And Laws I (9 decks)

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