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Business Law > Bus Law Exam 1 Notes > Flashcards

Bus Law Exam 1 Notes Flashcards

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1
Q

Rules of civil conduct commanding what is right and prohibiting what is wrong.

A

What is Law?

“Blackstone’s definition”

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2
Q

It is a governmental rule prescribing conduct and carrying a penalty for violation

A

What is Law?

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3
Q

Laws dealing with crimes and the punishment of wrong doers. IE: Laws dealing with offenses against society

A

Criminal law:

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4
Q

Is a criminal offense which is injurious to society as a whole. IE: Punishable offense against society

A

CRIME

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5
Q

-criminal offense punishable by confinement in prison or by death ie: murder, bank robbery

A

Felony:

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6
Q

Criminal offense which is neither treason nor a felony ie: speeding ticket, running a stop sign

A

Misdemeanor:

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7
Q

Legal proceedings concerned with the rights of public citizens. IE: Laws dealing with the enforcement or protection of private rights

A

Civil law

Types:
Tort law
Contract law

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8
Q

Private or civil wrong, either intentional or caused by negligence, for which there may be action for damages. IE Private wrong for which damages might be recovered.

A

Tort Law

Basis for Tort Liability
Intentional
Negligence
Strict Liability

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9
Q

Deliberate and intentional action to cause harm

A

INTENTIONAL

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10
Q

Failure to exercise ordinary care:

  • -Act of omission
  • -Act of commission
A

NEGLIGENCE

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11
Q

Failing to do something which a reasonable prudent person would do under ordinary circumstance……Is negligence

A

Act of Omission:

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12
Q

Doing something which a reasonable and prudent person would not do under ordinary circumstances…..Is negligence

A

Act of Commission:

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13
Q

Liability for injury regardless of negligence or intent

A

Strict Liability:

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14
Q

which seller is liable for any and all defective or hazardous products which threaten a consumer’s personal safety

A

Product liability

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15
Q

Improper or negligent professional act by a professional person

Poor embalming
Doctor leaving an instrument in ABD cavity during or after surgery

A

Tort Example

MALPRACTICE

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16
Q

Laws dealing with making contracts

A

Contract Law

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17
Q

Rules of conduct prescribed by a government and its agencies, in regulating business transactions. IE. Rules of conduct for the performance of business transactions

A

Business Law

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18
Q

Rules of conduct prescribed by a government and its agencies, in regulating transactions related to real and personal property

A

Property Law

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19
Q

Land and objects permanently attached to land

A.K.A….Real Estate: Land, buildings, fences, trees, etc

A

Real Property:

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20
Q

All property which is not real property

IE: car, furniture, jewelry, insurance, stocks, bonds, etc

A

Personal Property:

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21
Q 
Sources of U.S. Law
"The Pyramid of Law"
Stare Decisis
Case Law
Ordinances
Administrative Law
Police Power
Statutory Law
Constitutional Law
Common Law
A 
Sources of U.S. Law
"The Pyramid of Law"
Stare Decisis
Case Law
Ordinances
Administrative Law
Police Power
Statutory Law
Constitutional Law
Common Law
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22
Q

Customs which have become recognized by the courts as binding on the community.
Forms the historical foundation of the United States Law
Based on human experience and the “Common good” of all members of society
Rooted in English and early colonial law…“If it makes sense, it must be good law”

A

Common Law

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23
Q

Written document containing fundamental principles of a government

  • It determines the powers and duties of a government
  • Guarantees certain rights to the people
  • “Law of the land”
  • Examples:
  • –Federal Constitution of the U.S. of America
  • –Individual state constitutions
A

Constitutional Law

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24
Q

Laws enacted by legislative bodies.
AKA Statutes
Legislative bodies include federal, state, and local governments

Federal statutes: U.S. Congress
State statutes: Individual state legislatures

A

Statutory Law

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25
Q

Inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.

Mortuary law: licensure, health standards, business operations

A

Police power

26
Q

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

27
Q

Appointed governmental body charged with implementing particular legislation
Occupational Safety and Health Act (OSHA)
Federal Trade Commission (FTC)
Texas Funeral Service Commission (TFSC)

A

Administrative Agency

28
Q

Laws enacted by local municipalities

  • Village, town, or city
  • –Parking ordinances, No smoking in public buildings, levels of music
A

Ordinances

29
Q

Court decisions that establish precedented principles
Laws based on a court’s interpretation of federal, state, and local laws
Determines “constitutionality” of a law

A

Case Laws

30
Q

Principle that decisions of a court should serve as a guide or precedent and control the decision of a similar case in the future
Reliance on authority of established law
“Like Cases Are Decided In Like Manner”
Applicable to mortuary law and court cases

A

Stare Decisis Latin for “decision stand”

31
Q

Jurisdiction: authority of a court to hear a case
Related to the subject matter and person(s) involved in a court case
Function of Courts: to interpret and apply law to a given situation

Federal Courts: Have exclusive jurisdiction over
—bankruptcy, claims against U.S., Patent & copyright cases

District Courts:
Federal (circuit) courts of appeal
U.S. Supreme court
Special courts

A

The Judicial Process

32
Q

authority of a court to hear a case

Related to the subject matter and person(s) involved in a court case

A

Jurisdiction:

33
Q

to interpret and apply law to a given situation

A

Function of Courts:

34
Q

Have exclusive jurisdiction over

—bankruptcy, claims against U.S., Patent & copyright cases

A

Federal Courts:

District Courts:
Federal (circuit) courts of appeal
U.S. Supreme court
Special courts

35
Q

Trial courts of the federal court system

  • Largest class of federal courts
  • Deal only with with criminal cases involving violation of federal law
  • Or civil suits that meet specified criteria:
  • –Cases brought by the U.S. Government
  • –Cases arising under the: U.S. Constitution, Federal Laws, Treaties
A

District Courts

36
Q

Courts that hear appeals in the federal court system

  • 12 federal judicial districts
  • Hear appeals from cases originating in federal district courts
  • Or federal administrative agencies and departments within its circuit
  • Decisions have precedence over lower courts
A

Federal (Circuit) Courts of Appeal

37
Q

Highest court in the United States

  • Court of original jurisdiction in cases involving ambassadors, public ministers, consuls, and cases in which a state is a party
  • As well as cases appealed from federal courts of appeal
  • Supreme decision over all lower courts
A

U.S Supreme Court

38
Q

Order to produce the record of a case

Only such cases will be heard by the U.S. Supreme Court

A

Writ of Certiorari

39
Q

Federal trial courts with limited jurisdiction

  • Limited by laws of Congress creating them
  • –Bankruptcy court, Tax court, Court of International Trade, U.S. Court of Federal Claims
A

Special Courts

40
Q 
The Judicial Process
State courts:
Inferior courts
Courts of original general jurisdiction
Appellate courts
Special courts
A 
The Judicial Process
State courts:
Inferior courts
Courts of original general jurisdiction
Appellate courts
Special courts
41
Q

Trial courts that hear only cases involving minor criminal offenses and disputes between citizens
AKA: District, Magistrate, County, Municipal, Small Claims, Justice, Tax Courts

A

Inferior Courts

42
Q

Court in which a case is first heard
Maintain an official record of all proceedings
Broad jurisdiction over disputes between two or more parties
Criminal offenses against the state
Hear witnesses
Receive evidence
Try a case
AKA: Trial Court, Court of Record, Circuit Court, District Court, Superior Court

A

Courts of Original General Jurisdiction

43
Q

Courts hearing cases appealed from lower state courts

AKA: Courts of Appeal, State Supreme Court

A

Appellate Courts

44
Q

Courts with limited jurisdiction

AKA: Probate courts, Juvenile courts, Domestic relations courts

A

Special Courts

45
Q

Court Procedures Civil Suit
Procedural Law: Laws specifying how actions are filed and what trial procedure to follow
Attorney/Lawyer: person licensed to represent others in court
Complaint (Petition): written request initiating a civil suit

A 
Court Procedures Civil Suit
Procedural Law: 
Attorney/Lawyer: 
Complaint (Petition): 
Summons (Process): 
Answer (Motion): 
Judgement:
Execution:

Plaintiff vs. Defendant
Plaintiff: individual who initiates a civil action
Defendant: person against whom legal action is brought

46
Q

Court Procedures Civil Suit
Procedural Law: Laws specifying how actions are filed and what trial procedure to follow
Attorney/Lawyer: person licensed to represent others in court
Complaint (Petition): written request initiating a civil suit

A

Court Procedures
Summons (Process): notice of complaint given to a defendant defining the complaint and a time frame in which a response, or answer, must be filed
Serves the purpose of conferring personal jurisdiction over the defendant

Answer (Motion): response of the defendant to a complaint
Judgement: decision of a court
Execution: carrying out of completion of some task

47
Q

Contract: agreement between two or more competent persons (parties) which is enforceable by law

A 
Classification of Contracts
Based on:
Formation
Performance
Enforceability
48
Q

Formation
Express vs Implied
Formal vs Simple

A

Formation
Express vs Implied
Formal vs Simple

49
Q

Parties express their intentions, either orally or in writing at the time of the agreement
AkA: Oral Contracts, Written Contracts

A

Express Contracts

50
Q

Terms of the contract are implied by acts or conduct of the parties
AkA: Contract Implied in Fact
IE: a “first call” when the family makes the first call requesting the services of the funeral home staff

A

Implied Contracts

51
Q

Those with a special form or produced in a certain way
Contract “under seal”
Today most contracts are “formal contracts”
AkA: Real Estate Contracts, Negotiable Instruments

A

Formal Contract

52
Q

Any contract which is not a formal contract

A

Simple Contract

53
Q

Classification of Contracts Performance
Unilateral vs Bilateral
Executory vs Executed (by stages)

A

Classification of Contracts Performance
Unilateral vs Bilateral
Executory vs Executed (by stages)

54
Q

Calls for an act in consideration for a promise
One promise is given in exchange for an act
You find my lost dog; i pay you $100

A

Unilateral Contract

55
Q

Mutual exchange of promises
Exchange a promise for a promise
You agree to buy my car for $5000
Car is yours when you give me the money

A

Bilateral Contracts

56
Q

Terms of the contract have not been completely executed or fulfilled by the parties

A

Executory Contract

57
Q

Those contracts in which the terms have been fulfilled by the parties
-fully performed contracts

A

Executed Contract

58
Q

Enforceability

Valid, void, voidable, unenforceable

A

Enforceability

Valid, void, voidable, unenforceable

59
Q

A contract which will be enforceable by the court

-contract enforceable by law

A

Valid Contract

60
Q

Agreement with no legal effect
Contract to rob a bank
Sometimes referred to as a Void Contract

A

Void Agreement

61
Q

Contract which would be an enforceable agreement, but due to circumstances, may be set aside by one of the parties
Party to a contract is declared “mentally incompetent”
Adult contracts with a minor
Minor contracts with another minor

A

Voidable Contract

62
Q

Agreement which is not in the form required by law, but can be made so by the parties
-a contract that is not currently binding
Simple contract made into a formal contract

A

Unenforceable Contract

Business Law (4 decks)

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