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Business Law > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

What are the 7 areas of law?

A

Constitutional law, tort law, contract law, agency, employment law, intellectual property law, criminal law

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2
Q

Sources of law (in order)?

A

Constitution -> Statutes -> Regulations -> Case Law

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3
Q

Who has the power to assign penalties and is within an administrative agency?

A

Administrative Law Judge

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4
Q

What is the rule that the court must act consistently with its own prior decisions AND decisions of courts superior to its own?

A

Stare decisis

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5
Q

What is the Philosophy of Law?

A

Jurisprudence

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6
Q

What is ADR?

A

Alternative dispute resolution

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7
Q

In what ADR do 75% of cases settle?

A

Negotiation

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8
Q

What is the most formal form of ADR?

A

Arbitration

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9
Q

What are some benefits of ADR?

A

Less Publicity
Lower risk of losing later

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10
Q

What does a court need for jurisdiction?

A

Both personal and subject matter jurisdiction*

*only of the defendant

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11
Q

Federal courts automatically have jurisdiction if what?

A
  1. Diversity exits (difference of state jurisdiction) and the amount in question must be over $75k
  2. The case involves a federal question (such as a federal stature or a Constitutional matter)
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12
Q

What does the long arm statute do?

A

It gives states personal jurisdiction over non residents

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13
Q

Name areas of exclusive federal court jurisdiction

A

Federal crimes, antitrust, bankruptcy, patents, trademarks, copyright, admiralty, suits against the US

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14
Q

Name the areas of exclusive state court jurisdiction

A

Probate, adoption, divorce

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15
Q

Which case had the following facts:
- Plavix was sold in CA
- Plavix was manufactured, etc in NY and NJ
- Plavix caused health issues in CA
- Decision: CA courts lacked jurisdiction over nonresidents claims against company
- Effect: Limits where mass tort cases may be filed

A

Bristol Myers Squibb v Superior Ct

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16
Q

What are the possible dispositive motions?

A
  • Motion to dismiss
  • Motion for judgement on the pleadings
  • Motion for summary judgement
  • Motion for directed verdict
  • Motion for judgment notwithstanding the verdict (jnov)
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17
Q

What is the idea that both sides get to see all the evidence before the trial called?

A

Discovery

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18
Q

Which case had the following facts:
- for $11B for fraudulent marketing
- the company’s CEO called the products “toxic”, etc. over email
- company stock falls 20% in one day

A

AIG v Bank of America

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19
Q

What is the AI tool to find relative information in electronically stored information?

A

predictive coding

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20
Q

When does the Supreme Court take cases?

A
  • if there’s a difference in decision between Circuits
  • if its a new area
  • if they feel they should revisit the law
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21
Q

What is the role of appellate courts?

A

To make sure no errors of law were committed, no reviews of the facts

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22
Q

What are some benefits to the jury system?

A
  • limits the power of judges
  • implements local ideas of justice
  • provides a variety of viewpoints
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23
Q

What are some shortcomings of a jury system?

A
  • they are not trained in the law
  • complex cases may be difficult
  • bias and emotion
  • underrepresentation
  • expensive
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24
Q

What is the Supreme Law of the Land?

A

The Constitution

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25
Q

What is the section of the constitution that regulates interstate business?

A

The Commerce Clause

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26
Q

In what situation can a state impinge upon interstate commerce?

A

health and safety of their citizens

cannot do it to protect in state business

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27
Q

What is a written opinion on a case from someone not involved in the case or “friend of the court”?

A

Amicus briefs

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28
Q

What is the right to notice and the opportunity to be heard?

A

Procedural due process

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29
Q

What is the right that government may not take action that exceeds/abuses its power and that it much provide an appropriate reason for depriving an individual of life, liberty, or property

A

Substantive due process

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30
Q

What are laws limiting fundamental rights or affecting suspect class?

A

Strict Scrutiny Standard

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31
Q

What standard are gender based laws?

A

Intermediate standard*

  • and requires substantial state interest
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32
Q

Most laws are held to what standard?

A

Rational Basis standard

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33
Q

What is a suspect case for violating a fundamental right?

A

discrimination on race, sex, sexual orientation, ethnic group, etc.

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34
Q

Which case had these facts?:
- the city banned Catholic agency from foster care bc it excludes same sex couples
- Religion won bc 1st Amendment

A

Fulton v. Philadelphia

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35
Q

What case had these facts:
- Colorado applied nondiscrimination laws to a website designer who refused to do same sex wedding
- ruled with website

A

303 Creative v. Elenis?

36
Q

What happened Matal v. Tam?

A
  • the band The Slants were denied a trademark
  • ruled that they should be allowed the trademark, else it would be violating the 1st
37
Q

What case had these facts?
- NC law prohibited registered sex offenders from accessing social networking sites where children can join
- ruled that this violated the 1st

A

Packingham v. N. Carolina

38
Q

What speech can be limited?

A
  • Obscenity
  • Defamation
  • “Fighting Words”
  • ex: “Fire” in a crowded room
39
Q

What is the concept that the government can confiscate your property for public benefit called?

A

Eminent Domain

40
Q

What Amendment is eminent domain under?

A

5th

41
Q

What did the ruling of the Kelo case mean?

A

Economic development is a valid public use because it creates jobs and generates tax revenue

42
Q

Which case had these facts?:
- Fed program required raisin producers to turn over some crop to increate the price
- ruled that this required compensation

A

Horne v. Dept. of Agriculture

43
Q

What case had these facts?:
- CA had a law requiring farmers to allow union organizers onto their property
- ruled that this required compensation
- the right to exclude from property is part of a right to property

A

Cedar Point Nursery v. Hassid

44
Q

What is a civil wrong, other than a breach of contract?

A

A tort

45
Q

The risk of large award incentivizes companies to make products, premises, and practices safe is an argument against what?

A

Tort reform

46
Q

Who brings forward the case in fraud as a tort?

A

The victims

47
Q

List the 7 Intentional Torts

A
  • Assault
  • Battery
  • False Imprisonment
  • Defamation
  • Infliction of Emotion Distress
  • Invasion of Privacy
  • Fraudulent Misrepresentation
48
Q

Give an example of battery with no assault

A

A sneak attack

49
Q

Give an example of assault with no battery

A

Threats not carried out

50
Q

Name the 4 Intentional torts against property

A

Trespass to Land
Trespass to Personal property
Conversion
Nuisance

51
Q

What are the Business Torts?

A
  • Tortious Interference with Contactual Relationship
  • Tortious Interference with Business Relationship
  • Defamation
52
Q

What are the 2 Unintentional Torts?

A
  • Negligence
  • Strict Liability
53
Q

What is a Dram Shop Act?

A

Tort liability on who serves an intoxicated person

54
Q

What 4 things does the plaintiff have to prove for defamation?

A
  • False Statement of Fact
  • Published
  • Causation
  • Damages
55
Q

Are damages assumed in slander or libel?

A

libel

56
Q

What is absolute privilege?

A
  • No defamation ever
  • applies to judges and lawyers in court or legislators on the floor
57
Q

What is qualified privilege?

A
  • cannot be false or made maliciously
  • used in situations when people have a reasonable need for the information, like in hiring a new employee
58
Q

What is appropriation privacy?

A

Exclusive use of out name or likeness for commercial use

59
Q

What are some cases of appropriation privacy?

A

Kardashian v. Old Navy
Jordan v. Jewel
Heigl v. Duane Reade

*all ended in confidential settlements

60
Q

What is a problem with cases settling?

A

Leaves a lack of precedent

61
Q

What are aspects required to win a tort interference case with a business relationship?

A
  • waylaying customers
62
Q

What is required for a case to be one of negligence?

A

Serious danger or foreseeable misuse

63
Q

What does negligence cases have to prove all of? (4)

A
  • Duty
  • Breach of duty (reasonably)
  • Causation
  • Damages
64
Q

What are the two forms of negligence Causations?

A
  • Causation-in-fact (“but for”)
  • proximate cause (foreseeability of harm)
65
Q

Name a case that is a good example of proximate cause?

A

Palsgraf v Long Island Railroad

66
Q

Assumption of risk is a defense to what?

A

Negligence

67
Q

In comparative negligence, the plaintiff recovers what?

A

Partial

68
Q

In contributory negligence, the plaintiff recovers what?

A

Nothing

69
Q

What are the three business negligence claims?

A
  • Premises liability
  • product liability
  • Malpractice
70
Q

Ward v. K-Mart Corp was a case of what tort?

A

Negligence

71
Q

What are the defenses to negligence?

A
  • Elements not met
  • Assumption of Risk
  • Comparative Negligence
72
Q

What are the elements of strict liability?

A
  • Product defective when it was sold
  • Defendant is normally in the business of selling
  • the product is unreasonably dangerous
  • Harm
  • Causation
  • The good was not substantially changed from when it bought
73
Q

What are the defenses to strict liability?

A

Elements not met

74
Q

If you were suing a company for causing obesity, which tort would you try for?

A

Strict Liability

75
Q

Could a second hand buyer have strict liability?

A

No, since they are not usually in the business of selling, but could be accused for fraud

76
Q

What makes a product defective and unreasonably dangerous?

A
  • Manufacturing defect (not part of the design)
  • Design defect (is there a feasible way to make it safer or is its utility not necessary to be on the market?)
  • Lack of reasonable warnings
77
Q

Degree to which liability must be proven in a criminal case?

A

Beyond a reasonable doubt

78
Q

What are the elements of crime?

A
  • prohibited act (included attempts)
  • Guilty intent (unless strict liability)
79
Q

What actus reus?

A

Prohibited act

80
Q

What is mens rea?

A

Guilty intent

81
Q

What case decided you need warrants to search phones?

A

Riley v. California

82
Q

What case decided a warrant was necessary to obtain mobile phone tower records?

A

Carpenter v. US?

83
Q

What are the elements of forgery?

A
  • Making or altering a writing to change someone’s legal liability
  • Doing so intentionally to defraud that person
84
Q

Racketing (RICO) Offenses are tools against what?

A

White collar crimes

85
Q

What defense is used to say the defendant committed the prohibited act, but did not have a guilty intent?

A

Insanity

86
Q
A

Business Law (1 decks)

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