1 9 Legal environment & managing risk Flashcards

0
Q

Statutory law

A

Star and federal constitutions, legislative enactments, treaties of fed gov and ordinances in short WRITTEN LAW

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1
Q

US business law

A

The rules, statues, codes, and regulations that provide a legal framework for the conduct of business and that are enforceable by court action

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2
Q

Common law

A

The body of law that comes from decisions handed down by courts; also referred to as unwritten law

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3
Q

Precedent

A

Decisions judges have made in earlier cases that guide the handling of new cases

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4
Q

Administrative agencies

A

Federal or state institutions and other gov organizations created by congress or state legislatures with delegated power to create rules and regulations within their mandated area of authority.
Ex Securities Exchange Commission SEC

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5
Q

Tort

A

A wrongful act that causes injury to another person’s body, property or reputation

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6
Q

Negligence

A

In tort law, behavior that causes unintentional harm or injury

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7
Q

Product liability

A

Part of tort law that holds businesses liable for harm that results from the production, design, or use of products they market.

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8
Q

Strict product liability

A

Legal responsibility for harm or injury caused by a product regardless of fault. Even if company did not know of defect at time of sale

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9
Q

Patent

A

A document that gives inventors exclusive rights to their imventions for 20 years

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10
Q

Copyright

A

A document that protects a creator’s right to materials such as books, articles, photos, paintings and cartoons

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11
Q

Contract

A

A legally enforceable agreement between two or more parties

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12
Q

Contract law

A

Set of laws that constitutes a legally enforceable agreement

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13
Q

Consideration

A

Something of value; consideration us one of the requirements of a legal contract

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14
Q

Conditions to make a co teact legally binding

A
1 An offer is made
2 There is voluntary acceptance of offer
3 Both parties give consideration
4 Both parties are competent
5 The contract covers a legal act
6 The contract is in proper form. Ex sales above 500 usd in written
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15
Q

Breach of contract

A

When one party fails to follow the terms of a contract

16
Q

Damages

A

The monetary settlement awarded to a person who is injured by a breach of contract

17
Q

antitrust

A

The federal law that forbid businesses for monopolizing a market or restraining free trade

18
Q

Consumerism

A

A social movement that seeks to increase and strengthen the rights and powers of buyers in relation to sellers

19
Q

Deregulation

A

Gov withdrawal of certain laws and regulations that seem to hinder competition. Has created problems in some industries like airlines

20
Q

Risk

A

The chance if loss, the degree if probability of loss, and the amount of possible loss.

21
Q

Speculative risk

A

A chance of either profit or loss

22
Q

Pure risk

A

The threat of loss with no chance for-profit

23
Q

Self insurance

A

The practice if setting aside money to cover routine claims and buying only “catastrophe” policies to cover big losses

24
Q

Ininsurable risk

A

A risk that no insurance company will cover

25
Q

insurable interest

A

The possibility of the policyholder to suffer loss

26
Q

Insurance company

A

A written contract between the insured and an insurance company that promises to pay for all or part of a loss

27
Q

Premium

A

The fee charged by an insurance company for an insurance policy

28
Q

Claim

A

A statement of loss that the insured sends to the insurance company to request payment

29
Q

law of large numbers

A

Principle that if a large number of people are exposed to the same risk, a predictable number of losses will occur during a given period of time

30
Q

rule of indemnity

A

Rule saying that an insured person or org cannot collect mire than the actual loss firm an insurable risk

31
Q

Stock insurance company

A

A type if insurance company owned by stockholders

32
Q

Mutual insurance company

A

A type of insurance company owned by its policyholders

33
Q

what are possible consequences if a contract is violated?

A

specific performance
payment of damages
discharge of obligation