Appendix II Flashcards

1
Q

laws

A

codified rules of behavior enforced by a society

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2
Q

types of law

A

common law
statutory law
regulatory
deregulation

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3
Q

common law

A

body of decisions handed down by courts ruling on individual cases

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4
Q

statutory law

A

law created by constitutions or by federal, state, or local legislative acts

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5
Q

regulatory law

A

law made by the authority of administrative agencies

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6
Q

deregulation

A

elimination of rules that restrict business activity

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7
Q

trial court

A

general court that hears cases not specifically assigned to another court

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8
Q

appellate court

A

court that reviews case records of trials whose findings have been appealed

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9
Q

contract

A

agreement between two or more parties enforceable in court

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10
Q

parts of a contract

A
agreement
consent
capacity
consideration
legality
proper form
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11
Q

capacity

A

competence required of individual entering into a binding contract

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12
Q

consideration

A

item of value exchanged between parties to create a valid contract

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13
Q

tort

A

civil injury to people, property, or reputation for which compensation must be paid

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14
Q

intentional tort

A

tort resulting from the deliberate actions of a party

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15
Q

compensatory damages

A

monetary payments intended to redress injury actually suffered because of a tort

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16
Q

punitive damage

A

fines imposed over and above any actual losses suffered by a plaintiff

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17
Q

negligence

A

conduct that falls below legal standards for protecting others against unreasonable risk

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18
Q

product liability

A

tort in which a company is responsible for injuries its products

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19
Q

strict product liability

A

principle that liability can result not from a producer’s negligence but from a defect in the product itself

20
Q

property

A

anything of value to which a person or business has sole right of ownership

21
Q

tangible real property

A

land and anything attached to it

22
Q

tangible personal property

A

any moveable item that can be owned bought, sold, and leased

23
Q

intangible personal property

A

property that cannot be seen but exists by virtue of written documentation

24
Q

intellectual property

A

property created through a person’s creative activity

25
copyrights
exclusive ownership right belonging to the creator of a nook, article, design, illustration, photo, film, or musical work
26
trademark
exclusive legal right to use a brand name or symbol
27
patent
exclusive legal right to use and license a manufactured item or substance, manufacturing process, or object design
28
restrictions on property rights
eminent domain
29
eminent domain
government may claim private land for public use by buying at a fair price
30
agent
individual or organization acting for and in the name of another party
31
principal
individual or organization authorizing an agent to act on its behalf
32
express authority
derived from written agreement to bind a principal to a certain course of action
33
implied authority
derived from business custom, to bind a principal to a certain course of action
34
apparent authority
based on principal's compliance to bind a certain course of action
35
uniform commercial code
body of standardized laws governing the rights of buyers and sellers in transactions
36
warranty
seller's promised to stand by its products or services if a problem occurs after the sale
37
express warranty
warranty whose terms are specifically stated buy the seller
38
implies warranty
warranty, dictated by law, based on the principle that products should fulfill advertised promises and serve the purposes for which they are manufactured and sold
39
main factors of bankruptcy
increased credit availability "Fresh start" provisions growing acceptance of bankruptcy
40
involuntary bankruptcy
initiated by the creditors of an indebted individual or organization
41
voluntary bankruptcy
initiated by an indebted individual or organization
42
ways of filing business bankruptcy
liquidation repayment plan reorganization
43
international law
general set of cooperative agreements and guidelines established by countries to govern the actions of individuals, business and nations
44
liquidation plan
cease to exist
45
repayment plan
works out new payment method
46
reorganization plan
explain sources for financial difficulties | propose new plan for the remaining business