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Business > Final > Flashcards

Final Flashcards

1
Q

What does the 1st amendment grant and what does it protect?

A

freedom of speech and press
freedom of religion (free exercise clause)
establishment clause
symbolic speech is also protected (non-verbal ex. gestures)
political and commercial speech

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2
Q

Does commercial or political speech get more protection?

A

political (non commercial) speech gets the most protection

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3
Q

What is the 3 step test to protecting commercial free speech

A
  1. Seeks to implement substantial gov. interest
  2. Directly advances that interest
  3. Goes no further than necessary to accomplish its objective
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4
Q

Free exercise clause

A

1st amendment
Prohibits government from enacting laws that prohibit or inhibit people from participating in or practicing their chosen religion

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5
Q

Establishment clause

A

1st amendment

Prevents government from establishing a government sponsored religion or promoting one

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6
Q

second amendment

A

right to bear arms

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7
Q

fourth amendment

A

no unreasonable search or seizure

search warrants based on probable cause necessary

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8
Q

What is the exclusionary rule and a justification for it

A

rule in 4th amendment
wanted evidence can’t be used at trial
Except: fruit of the poisonous tree- police believed in good faith they had a valid warrant

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9
Q

equal protection clause definition and amendment

A

14th amendment
states may not “deny to any person…the equal protection of the laws.”
(three tests, strict scrutiny)

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10
Q

what is the name of the 3 tests in the equal protection clause

A

strict scrutiny test

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11
Q

What are the 3 strict scrutiny classes (equal protection clause)

A
  1. Strict Scrutiny- If a law or action inhibits some person from a fundamental rights (strongest)
  2. Intermediate scrutiny- Must be substantially related to government objectives, normally gender, age or legitimacy
  3. rational basis- applies to not protected classes, normally matters of economic and social welfare
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12
Q

Administrative law (agencies)

A

The legislative and executive branches of government (federal and state) establish administrative agencies to enforce laws
ex. Drug Enforcement Agency, FCC

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13
Q

Does state or federal law have priority

A

federal law

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14
Q

Due Process clause

A

No person shall be deprived of life, liberty or property without due process of law
5th and 14th amendment
substantive and procedural (2 types)

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15
Q

Substantive due process

A

Focuses on the substance – or content – of the law.
if the law focuses on a fundamental, compelling interest
non-fundmental, legitimate interest

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16
Q

procedural due process

A

Requires government to give people proper notice and hearing before depriving them of life, liberty, or property
Miranda rights

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17
Q

Standing

A

You must show standing in order to sue

some stake in the outcome of the lawsuit

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18
Q

statute of limitations

A

a statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant

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19
Q

What are the two types of court jurisdiction?

A

subject matter and personal jurisdiction

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20
Q

personal jurisdiction

A

power over the people or property (2 types)

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21
Q

Jurisdiction over persons

A

(personal jurisdiction)
power of a court to make parties appear
states use long arm statutes (minimum contacts)

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22
Q

Sliding scale standard refers to what

A

jurisdiction in cyberspace (personal jurisdiction)

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23
Q

A court generally has jurisdiction over any property situated within its geographical __________

A

borders

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24
Q

You can file in federal court if?

A

the parties are not from he same states and
the amount in controversy is greater than $75,000
otherwise in state court

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25
Q

You own a patent and sue for someone violating that patent, does the federal government have subject matter jurisdiction?

A

yes, subject matter

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26
Q

Stare Decisis jurisdiction

A

2 parts, “to stand by decision”

  1. Decisions made by higher courts are binding on lower courts
  2. Courts can depart from precedent, but this is rare.
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27
Q

Discovery is what?

A

both parties engage in various activities to discover facts of the case from the other party
(what you get from the other side)

28
Q

Types of discovery

A

Depositions- oral testimony
interrogatories- written questions from one party to another
Production of documents
physical and mental examinations

29
Q

Arbitration

A

Form of ADR where parties choose a 3rd party to hear and decide the dispute
normally binding so no dispute
many contracts require them

30
Q

litigation

A

lawsuit

31
Q

Mediation

A

Form of ADR in which the parties choose a neutral 3rd party to act as a mediator
no winner or loser, but can be taken very seriously by courts

32
Q

compensatory damages

A

compensated through monetary means

33
Q

punitive damges

A

applied when defendants actions were particularly erroneous

to deter the same activity from happening again

34
Q

Intentional torts are wrongdoings where

A

the actor intended the consequences of the act

35
Q

An intentional tort is proven

A

by a preponderance of the evidence

as opposed to criminal beyond a reasonable doubt

36
Q

Are there more likely to be punitive damages in an intentional tort

A

yes

37
Q

Explain a misrepresentation or fraud tort

A

misrepresentation of facts with knowledge they are false, or reckless disregard for truth that causes harm

  • the harm relied on that knowledge
  • a connection between the misrepresentation and injury
38
Q

defamation tort

A

anything published or spoken that causes harm to reputation, libel or slander
public figure must show actual malice

39
Q

Assault tort

A

any word or action meant to intimidate

40
Q

battery tort

A

unauthorized and harmful or offensive physical contact with another

41
Q

false imprisonment tort

A

confinement without justification

42
Q

res ipsa loquitur

A

in negligence, the defendant is in control of the situation so its easier to prove negligence
ex. surgical instrument found in body

43
Q

negligence per se

A

negligence win if law dealing with negligence was broken

ex. texting while driving

44
Q

4 elements of negligence

A

duty
breach
causation
damage

45
Q

strict liability

A

if you do it you are at fault

46
Q

2 defenses to negligence

A 
assumption of risk 
comparative negligence (damages apportioned)
47
Q

Patent

A

Applies to inventions (only exception design patent)
Must be novel, useful, and non obvious
20 years
Granted to the first inventor to file an application
Machines, processes, improvements on machines

48
Q

copyright

A 
Applies to creative works 
books, newspapers, lectures
life +70 years
ideas are not protected, but the expression of the idea is
protect through non disclosure  
original, creative works of authorship
49
Q

Copyright fair use 4 elements

A
  1. purpose and character of the use
    if parody is used you have to be making fun of the work itself
    2.nature of copyrighted
  2. amount and substantiality of portion used
  3. effect on market value of the copyrighted work
50
Q

Trademarks

A

a distinct mark symbol, name, motto that identifies the goods of a particular business
(service marks not trademarks for services)
registered for 10 years and can be renewed indefinitely
The first business to use it owns it even if not registered

51
Q

Burden of proof in criminal

A

beyond a reasonable doubt

52
Q

Burden of proof in civil case

A

preponderance of evidence

53
Q

2 elements of criminal liability

A

act and intent

54
Q

Title VII of the civil rights act protected what classes

A

race
color
national origin
gender (includes pregnancy/sexual harassment)

55
Q

Equal pay act of 1963 does what

A

protects both sexes from pay discrimination

56
Q

did lily ledbetter win her lawsuit

A

no, she filed too late, so laws were put into place that considers each new pay check as a new situation

57
Q

class action lawsuit definition

A

people with the same injury join together and sue

58
Q

who has control the franchisor or franchise

A

the franchisor has control over the franchise

59
Q

Is there personal liability in a limited liable company

A

limited personal liability, or no personal liability

60
Q

Are sole proprietorships personally liable?

A

yes, unlimited personal liability

61
Q

Whos liable in a partnership

A

both equally liable unless limited partnership

62
Q

2 kinds of partnerships

A

express and implied

63
Q

In an LLC the liability is limited to the investment T/F

A

true

64
Q

Poisoning the well

A

1) Corporation formed without sufficient capital
2) separateness has not been maintained between corporation and it’s shareholders
becomes personally responsible

65
Q

DOW, NASDAQ, and S&P 500

A

DOW - averages for 30 largest companies
NASDAQ- companies trading on the nasdaq 4000+
S&P 500- 500 largest

Business (6 decks)

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