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BUA 221 CH.1,2,3,4,5 > Chapter 1,2,3,4,5 > Flashcards

Chapter 1,2,3,4,5 Flashcards

1
Q

The U.S Supreme Court was established by?

A

The U.S Constitution

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2
Q

What is the Supreme Law of the land?

A

The. U.S Constitution

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3
Q

The English System of Law ; the body of legal decisions made by English Court judges under the authority of the king, system become the model for the U.S court system

A

Common Law

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4
Q

Federal issues and diversity of citizenship (Claims exceeding 75,000)

A

Trying a Federal Case

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5
Q

Common law beginnings started here in this Country

A

England

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6
Q

The power to hear and decide a case

A

Jursidiction

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7
Q

Liability based upon the concept of liability without fault

A

Strict Liability

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8
Q

In criminal matters a case must be proved

A

Guilty Beyond Reasonable belief

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9
Q

The practice of following precedent and deciding later is called

A

Stare Decisis

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10
Q

Many states established these to provide ast and inexpensive hearing

A

Small court claim

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11
Q

The rules established by government to regulate the conduct of individuals in society

A

Law

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12
Q

The paper containing the defendants stating his or her defense is called

A

Answer

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13
Q

The paper containing the defendants stating his or her defense is called

A

Adjudcated

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14
Q

Trial Courts in federal Courts

A

Us District Courts

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15
Q

Many Cases are settled here at this stage of Ligitation

A

Pre-trial conference

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16
Q

A bank VP took money for his or her own use from customer accounts and made false entries

A

Embezzlement

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17
Q

How officers based an arrest

A

Probable Cause

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18
Q

Punishable by more than one year in prison

A

Felony

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19
Q

Standard of Proof in a civil case

A

Preponderance of Evidence

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20
Q

Where a person is formally notified of the charges in the indictment and is ask to plead guilty or not guilty

A

Arraignment

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21
Q

If a person later loses their case they can

A

Appeal

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22
Q

Consent, Privilege,Necessity and truth

A

Defenses of intentional tort

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23
Q

the term “foreseeability and proximate cause are associated with this tort

A

Negligence

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24
Q

Defamation expressed in Writing

A

Libel

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25
Q

Imposed upon a wrongdoer but the court as a punishment for intentional court

A

Punitive damages

26
Q

what are the four sources of law?

A

U.S Constitution
Statues
Case Law
Administrative Regulations

27
Q

What are the Four Function of Law

A

Protection of Individual and society
Protection of Property
Promotion of Worthwhile social objectives
Settlement of Dispute

28
Q

Unwritten law based on previous court decisions is known as .
a. statue law, b. common law c. moral law d.Constitutional law

A

b. Common Law

29
Q

Laws passed by cities towns and villages are called

A

Ordinances

30
Q

Laws that protect the right and property of individual from harm by other individual and that provide remedies for any harm cased are called

A

Civil Law

31
Q

Ethics has assumed a greater role as businesses carry on their day to day operation
True or False?

A

True

32
Q

Violation of business ethics only occur in large corporation
True or False

A

False

33
Q

One ethical issue of major concern to a business owner in ordinary course of work is sexual harassment
True or False

A

True

34
Q

A typical inclusion in a business code of ethics is that it is acceptable for a manager or employee to accept lavish gifts from suppliers
True or False

A

False

35
Q

The Uniform Commericial Code makes the laws of Commericial transactions uniform from one state to another
True or False

A

True

36
Q

The authority of a court to hear a case is known as

a. Certiorari b. Venue c. Jurisdiction d. habeas corpus

A

C.Jursidcition

37
Q

The US has two seperate distinct courts system called

A

The federal and local system

38
Q

A Federal case civil or criminal, generally orginates in a federal district court
True or False

A

True

39
Q

The Supreme Court of the US is the only court created by the U.S Constitution
True or False

A

True

40
Q

The Concept of judicial review is an important part of our legal system

A

True

41
Q

The first amendment to the U.S Constitiution protects against unreasonable searches and seizuers

A

False

42
Q

An accused person brought to trial for a serious crime does not have a constitutional right to a jury trial in some jurisdictions

A

False

43
Q

What is insider trading

A

profiting from advances inside information from a large company

44
Q

What federal law is insider trading violating?

A

Federal Security and exchange Act

45
Q

The rights read to a suspect who is about to be questioned are called the

A

Miranda Warnings

46
Q

In criminal cases _____ jurors (in most states) are required by trial.

A

twelve

47
Q

What is tort law

A

dealing with private wrongs to an individual

48
Q

what is tort

A

wrongful act causing damages to someone property

49
Q

what is intentional tort

A

purposely damages property

ex defamation, Invasion of privacy, trespass

50
Q

what are the two different types of defamation

A

slander

libel

51
Q

what is is the role of Judiciary

A

to settle disputes and enforce the law

52
Q

What is the state and local court system

A

Trial courts
Intermidiate courts
Last Resorts

53
Q

What are the TWO Jurisdiction

A

Limited and General Jurisdiction

54
Q

What is Intermediate Appelate Courts

A

determine a mistake was made during trial courts

55
Q

What are the advantages of small claim courts

A

no attorney fees

no legal representation is required

56
Q

what are the defenses to intentional tort

A

Consent : to consent something
Privilege: To say something
Necessity: Do something to defend themselves

57
Q

A tort is a public wrong

True or False

A

False

58
Q

Conversion

A

Buying stolen property

59
Q

In most states the doctrine of comparative negligence has been replaced by contributory negligence
True or False

A

False

60
Q

Contributory Neg.

A

defense of negligence that led to injury

61
Q

Comparative Neg

A

comparing neg that led to injury

BUA 221 CH.1,2,3,4,5 (11 decks)

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