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English Final > Business and Personal law > Flashcards

Business and Personal law Flashcards

1
Q

Administrative law

A

Regulates the operation and procedures of government agencies.

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2
Q

Case law

A

Laws enacted by the JUDICIAL branch.
Usually made after a trial ended and one of the parties has appealed to a higher court.

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3
Q

Civil law

A

A wrong against an individual person

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4
Q

Jurisdiction

A

The power to decide a case

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5
Q

Liable

A

Responsible by law

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6
Q

Ordinances

A

Law created by a town or city council

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7
Q

Plaintiff

A

The one who sues/goes after the other party

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8
Q

Stare decisis

A

“Let the decision stand”
Doctrine that requires lower courts to follow established case law in deciding similar cases.

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9
Q

Statues

A

Laws enacted by legislative branches of state and federal level (congress)
All states delegate some legislative authority to local governments

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10
Q

Unconstitutional

A

Contrary to or failing to comply with a constitution

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11
Q

Appellat court

A

Reviews decision of lower court when a party claims there was an error.

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12
Q

Mediator

A

3rd party to help develop a solution (not legally binding)

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13
Q

Vicarious criminal liability

A

when one person is held liable for the criminal actions of someone else

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14
Q

Litigate

A

Take dispute to court

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15
Q

Transcript

A

A written or printed version of material originally presented in another medium.

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16
Q

Trial

A

Where a dispte is first heard

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17
Q

Verdict

A

Decision/outcome in a case

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18
Q

Age of majority

A

The age at which an individual will be legally considered an adult

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19
Q

Due process

A

Fair treatment through the normal judicial system, especially as a citizen’s entitlement.

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20
Q

Emancipation

A

The fact or process of being set free from legal, social, or political restrictions; liberation.

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21
Q

Juvenile delinquent

A

a young person who habitually commits criminal acts or offenses.

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22
Q

Bribery

A

Unlawfully offering or giving anything of value to influence performance.

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23
Q

Conspiracy

A

Agreement between two or more persons to commit a crime.

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24
Q

Contempt of court

A

Action that hinders the administration of justice

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25
Crime
Punishable crime against society
26
Criminal intent
Intended to commit the act of do evil
27
Embezzlement
Theft or misappropriation of funds placed in one's trust or belonging to one's employer.
28
Extortion
Obtaining money or other property from a person by wrongful use of force, fear, or other power of office.
29
False pretenses
Obtaining money or other property by lying
30
Felony
More serious, punishable by confinement for more than a year or by a fine of $1000 or more or both
31
Forgery
Falsely making or materially altering a writing to defraud another
32
Misdemeanor
Less serious crimes, jail less than a year, fine or both
33
Perjury
The offense of willfully telling an untruth in a court after having taken an oath or affirmation.
34
White collar crimes
offenses committed in the business world and do not cause physical injury to people or physical damage to property. EX. not paying taxes
35
Plea bargaining
Agree to plea guilty to a less serious crim in exchange for having a more serious charge dropped.
36
Procedural defenses
Based on problems with the way evicdence is obtained or way an accused person is arrested, questioned, tried, or punished.
37
Substantive defensive
Disprove jury, or excuse, the alleged crime EX. eye witness
38
Assault
One intentionally threatens to injure another
39
Assumption of risk
Was aware of risk and did it anyways, could not recover damages.
40
Comparative negligence
Both are partially at fault but whoever was more negligent pays more.
41
Contributory negligence
Plaintiff cannot recieve for loss caused by anothers negligence when the plaintiff was also negligent
42
Defamation
False statement that injures ones reputation
43
False imprisonment
Depriving one of freedom of movement without conesnt
44
Intention torts
A type of tort that can only result from an intentional act of the defendant.
45
Negligence
Carelessness
46
Tort
Private offense against an idividual, can sue for damages
47
Trespass
Entry onto the property of another without consent
48
Vicarious liability
Parents could be liable for child's behavior
49
Injunction
Court order to do or not to do a particular act
50
Closing statement
Defendant goes first. Summarizes evidence to persuade jury in their favor.
51
Defendant
The party who was complained against
52
Evidence
Is presented to jury
53
Expert witness
Posses superior knowledge about facts
54
Jusry instructions
Tells jury what the rules of law apply and what issues of fact they must decide. Decides if the majority of the evidence supports the plaintiffs case.
55
Testimony
Given under oath by witness and expert witness
56
Witness
Given under oath by witness and expert witnesses
57
Subpoena
Written order by the judge commanding a witness to appear and give testimony.
58
Proximate cause
When causation is great enough to be recognized by the law
59
4 sources of law
Constitution, statues, case law, and administrative regulations
60
Civil vs. criminal law
Civil = individual Criminal = Society
61
Three requirements of an offer
Contractual intent, offer must be communicated to offeree, and essential terms must be complete and definite
62
Three things required of an acceptance
Must be communicated to the offeree, only the one offered can accept, acceptance must match the offer
63
Substantive defenses
Eye witness, alibi, self-defense
64
Procedure for a trial with a jury (in order0)
Selection of jury Opening statements Presentation of evidence by plaintiff Presentation of evidence by defendant Closing arguments Judge instucts jury Jury deliberates Verdict of jury Judgement
65
Offer
Part of contract negotiations where a party agrees to do or not do something in exchange for consideration.
66
Acceptance
Agreement to the terms of the contract
67
Counteroffer
Change terms; original is terminated
68
Capacity
Parties must be able to contract for themselves

English Final (20 decks)

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