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BLAW > EXAM 1 > Flashcards

EXAM 1 Flashcards

1
Q

What is a Law?

A

a set of enforceable rules that regulates
the conduct of individuals, businesses and other
organizations within society

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2
Q

What does a Law serve in society

A

It keeps peace

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3
Q

Define Liability

A

The state of being legally responsible (liable) for
something, such as a debt or obligation

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4
Q

Legal concepts are useful for business persons in the
following fields (6)

A
  1. Corporate management
  2. Research and development
  3. Accounting and finance
  4. Marketing
  5. Production and transportation
  6. Human resource management
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5
Q

What is a Primary Source of Law

A

A document that establishes the law on
a particular issue, such as a constitution, a statute, an
administrative rule, or case law.

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6
Q

What is a Secondary Sources

A

A publication that summarizes of
interprets the law, such as a legal encyclopedia, a legal
treatise, or an article in a law review.

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7
Q

What source do courts rely to?

A

Courts refer to secondary sources for guidance in
interpreting/applying the primary sources of law.

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8
Q

What are the primary sources (4)

A
  1. Case law (court decisions)
  2. U.S. Constitution
  3. Regulations
  4. Statutory Law
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9
Q

What are Statutory laws

A

Laws passed by U.S. Congress , state
legislatures, and local governing bodies

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10
Q

Who are regulations created by (3)

A

administrative agencies
- SEC
- EPA
- IRS

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11
Q

What is a Constitutional Law

A

law derived from the U.S. Constitution and of the 50 states in the union.

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12
Q

What is the basis of Law in the US

A

The Constitution

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13
Q

Each state has its own constitution, which is the supreme law within its geographic territory, UNLESS…

A

It conflicts with the U.S. Constitution,
or federal law

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14
Q

What can Statutes not do

A

violate the U.S. Constitution or relevant state constitution

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15
Q

What is Local Ordinance (2)

A
  • Laws passed by a county
  • deal with matters not covered by federal or state law.
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16
Q

What are Uniform Laws (2)

A
  • Model laws
  • developed by legal scholars/lawyers for states to consider enacting into statute
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17
Q

What is an Administrative Law

A
  • Law created by administrative agencies
  • Carry out Administrative duties and responsibilities for the executative branch
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18
Q

Bill of Rights

A

First 10 of the Amendments

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19
Q

Business and the Bill of Rights (4)

A
  1. Freedom of Speech (1st Amendment).
  2. Freedom of Religion (1st Amendment).
  3. Due Process of Law (5th and 14th
    Amendment).
  4. Equal Protection of the Laws (14th
    Amendment).
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20
Q

Free Speech: Commercial
Speech

A

Speech by business firms that involve only their commercial interests, such as advertising and marketing.

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21
Q

Types of speech not protected (4)

A
  1. Defamatory speech.
  2. Speech that violates criminal laws (e.g.,
    inciting a riot, threatening speech).
  3. “Fighting words.”
  4. Obscenity
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22
Q

What does Judicial Review do for courts? (2)

A

 Interprets and applies laws passed by the
legislature
 determines the constitutionality of acts by the legislature or the executive (federal and state)

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23
Q

A plaintiff must meet these requirements in order to file a lawsuit (JVS)

A
  1. Jurisdiction
  2. Venue
  3. Standing to Sue
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24
Q

What are the two types of Jurisdiction

A
  1. Jurisdiction over Persons and Property
  2. Jurisdiction over Subject Matter
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25
Q

What is Personal Jurisdiction

A

power of court to compel parties to appear in court and litigate lawsuit.

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26
Q

What is another word for personal jurisdiction

A

Personam

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27
Q

What are the roles of the Plaintiff and Defendant in Personal jurisdiction

A
  1. Plaintiffs gives court jurisdiction over themselves by
    filing lawsuits.
  2. Court must obtain jurisdiction over the defendants.
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28
Q

What does a Long Arm Statute do

A

gives a court personal jurisdiction over non-resident persons and businesses located in another state or country

29
Q

What is In Rem Jurisdiction

A

the power of the court to decide issues relating to property of lawsuit
located within its geographic borders

30
Q

 Does property mean only land?
 Does the court have jurisdiction to hear dispute over a
piece of real estate if both plaintiff and defendant are
non-residents?

A

In Rem Jurisdiction

31
Q

Acme Inc, is incorporated in Delaware. Its
principal office is in New York City, NY and it
has a branch office in State College, PA.
 Acme has a plant in in Altoona, PA and sells
goods widely in PA and Trenton, N.J.
 Personal jurisdiction in which states?
 Long Arm statute jurisdiction in which states?

A

Jurisdiction over a
Corporation

32
Q

What happens within Trial Courts? (3)

A
  • Lawsuits begin
  • trials take place
  • evidence is presented.
33
Q

What happens within Appellate Courts? (2)

A
  • act as reviewing courts
  • Review trial court
    decisions for errors of law
    and/or facts
34
Q

Two methods of Federal Court Jurisdiction

A
  • Federal Questions
  • Diversity of Citizenship
35
Q

Federal Questions

A

At least one cause of action in the lawsuit is based upon the U.S. Constitution, a treaty, or a federal law

36
Q

Diversity of Citizenship

A
  • The dollar amount in controversy must exceed $75,000
  • Plaintiff and defendant must be residents of different states
37
Q

Alternate Dispute Resolution (ADR)

A

methods of resolving disputes
other than those involved in the traditional
judicial process.

38
Q

Three forms of ADR

A

 Negotiation
 Mediation
 Arbitration

39
Q

What is a Tort

A

A civil wrong or harm caused by a
wrongdoer who violates a legal duty owed to
the injured party.

40
Q

What is a civil wrong

A

An injury that is punishable by paying
money damages to the injured party

41
Q

What are legal duties

A

The duty that is violated by the tortfeasor or wrongdoer must exist as a matter of law.

42
Q

What are the purpose of torts

A

provide money damages (compensation) for the invasion of
protected legal interests

43
Q

Compensatory Damages

A

reimburse injured party for actual losses

44
Q

Punitive Damages

A

punish the wrongdoer and deter others from similar wrongdoing

45
Q

Three Classifications of Torts

A
  • Intentional Torts
  • Unintentional Torts (Negligence)
  • Strict Liability
46
Q

Intentional Tort

A

The wrongdoer must intend to commit an act, the
consequences of which interferes with another’s legally
protected interests

47
Q

Unintentional Tort

A

wrongful act without the element of intent

The failure to exercise the standard or duty of care that a
reasonable person would exercise in similar
circumstances

48
Q

Strict Liability

A

Imposed upon those engaged in abnormally
dangerous activities; persons who keep wild
animals; and manufacturers or sellers of
commercially defective and unreasonably
dangerous goods

49
Q

Intentional Torts Against Persons (9) A A B D F F I I W

A
  1. Assault
  2. Appropriation
  3. Battery
  4. Defamation
  5. False Imprisonment
  6. Fraudulent Misrepresentation
  7. Infliction of Emotional Distress
  8. Invasion of the Right to Privacy
  9. Wrongful Interference
50
Q

Assault is…

A
  1. The threat of immediate harm or offensive
    contact; or
  2. Any action that causes reasonable
    apprehension of imminent harm.
51
Q

Battery is…

A

physical contact with another person that is
1. Unauthorized and harmful
2. Offensive and unwelcome

52
Q

False Imprisonment is…

A
  1. the intentional confinement or restraint of
    another person’s activities
  2. without authorization or justification
53
Q

Infliction of Emotional Distress is…

A
  1. extreme and outrageous
  2. results in severe emotional distress of another
54
Q

Defamation is…

A

wrongful harm to a person’s good reputation

55
Q

For Defamation, a plaintiff must prove that… (3)

A
  1. the defendant made a false statement of fact about the plaintiff
  2. the statement about the plaintiff harmed his or her good reputation
  3. the statement was published to (heard or seen by) a third person.
56
Q

Requirements of Defamation (2)

A
  • Statement of Fact
  • Publication
57
Q

Damages for Defamation (2)

A
  • Libel
  • Slander
58
Q

Libel Damages are

A

defamation in writing or another permanent form

  • General Damages
    Plaintiff does not have
    to prove that s/he was
    actually harmed in any
    specific way.
59
Q

Slander Damages are

A

defamation in oral form

  • Special Damages:
    Plaintiff must prove
    defamatory statement
    caused her or him to
    suffer actual economic
    or monetary losses
60
Q

Slander Per Se

A

No proof of special damages (actual economic
or monetary losses) is necessary for these
slanderous statements to be actionable

61
Q

Defenses to Defamation (3)

A
  • Truth
  • Privileged Speech
  • Public Figures
62
Q

Invasion of Privacy is… (4)

A
  • Appropriation of Identity
  • Intrusion on Individual’s Affairs or Seclusion.
  • Publication of Information that Places a Person in False Light
  • Public Disclosure of Private Facts.
63
Q

Appropriation is when a person… (3)

A

1.uses a living person’s name, likeness or other
identifying characteristic,
2.for commercial purposes,
3.without the owner’s consent

64
Q

Fraudulent Misrepresentation is…

A

Intentionally deceiving another person out of
money, property or something of value

65
Q

Wrongful Interference is…

A

when a third party induces a
contracting party to breach the contract with
another party

66
Q

What are the four Elements of Negligence

A
  1. the defendant (wrongdoer) owe a duty of
    care to the plaintiff (injured party);
  2. the defendant breached this duty of care;
  3. the plaintiff suffered injury;
  4. The defendant’s negligent act caused the
    plaintiff’s injury.
67
Q

What is negligance

A
  • A person is liable for the harm that is the
    foreseeable consequence of his or her
    actions
  • doing something that a prudent and
    reasonable person would not do
68
Q

Duty of care is…

A

the obligation we all owe each other not to cause
any unreasonable harm or risk of harm

BLAW (3 decks)

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