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Buisness Law > FINAL > Flashcards

FINAL Flashcards

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1
Q

the means for determining what a society’s values ought to be.

A

ethics

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2
Q

a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.

A

impartiality

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3
Q

the system of rules of conduct established by the government of society to maintain stability and justice.

A

law

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4
Q

a judge is required to follow an earlier court decision when deciding a case with similar circumstances. Also called the doctrine of “stare decisis”.

A

precedent

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5
Q

the principles by which the government operates.

A

constitution

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6
Q

law specifically passed by a governing body that has been created for a stated purpose.

A

Statute

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7
Q

the power and authority given to a court to hear a case and to make a judgment.

A

jurisdiction

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8
Q

the U.S. Court of Appeals.

A

appellate court

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9
Q

the plaintiff’s allegations, or claims.

A

complaint

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10
Q

decision.

A

veridict

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11
Q

occurs when a person is deprived of his or her freedom.

A

arrest

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12
Q

following the indictment, the accused is brought to court for

A

arraignment

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13
Q

an act against the public good.

A

crime

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14
Q

the person accused.

A

defendant

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15
Q

people cannot be held responsible for their actions if they do not know what they are doing.

A

insanity

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16
Q

using force to protect themselves.

A

self-defense

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17
Q

an attempt to commit a battery.

A

assault

18
Q

the breaking and entering of a dwelling house at night with the intent to commit a felony.

A

burglary

19
Q

a private wrong committed by one person against another

A

tort

20
Q

injury caused by a person’s mere carelessness.

A

negligence

21
Q

wrongful act of injuring another’s reputation by making false statements.

A

defamation

22
Q

the wrongful damage to or interference with the property of another.

A

trespass

23
Q

every person has the certain rights in our society, all of us have a duty to not violate those rights.

A

duty of care

24
Q

an individual’s participation in ultra-hazardous or when someone trips on a broken floorboard.

A

strict liability

25
Q

a proposal by one party to another intended to create a legally binding agreement.

A

offer

26
Q

the second party’s unqualified willingness to go along with the first party’s proposal.

A

acceptance

27
Q

a valid offer is met by a valid acceptance.

A

genuine agreement

28
Q

a deliberate deception intended to secure an unfair or unlawful gain.

A

fraud

29
Q

any agreement enforceable by law.

A

contract

30
Q

overcoming a person’s will by use of force or by threat of force or bodily harm.

A

duress

31
Q

the legal ability to enter a contract.

A

capacity

32
Q

the exchange of benefits and detriments by parties to an agreement.

A

consideration

33
Q

person has reached legal adulthood.

A

majority

34
Q

person who has not yet reached the age of adulthood.

A

minor

35
Q

not doing something that you have legal right to do.

A

forbearance

36
Q

a promise may be enforceable without consideration.

A

promissory estoppel

37
Q

Sources of Law

A 
constitutional law
statutory law
common law
court decisions
administrative law
38
Q

Levels of Federal Court

A

U.S Supreme Court
U.S Court of Appeals
U.S District Courts

39
Q

Felony vs. Misdemeanor

A

felony is more serious, higher consequences (death penalty)

misdemeanor is less serious, lower consequences (years in jail, community service hrs.)

40
Q

Murder vs. Manslaughter

A

murder is the unlawful killing of another human being WITH malice aforethought
manslaughter is the unlawful killing of another human being WITHOUT malice which divides into voluntary (heat of the moment) and involuntary (unintentional, car accident)

41
Q

Slander vs. Libel

A

slander - false statement said orally to third party
libel - false statement that is written
both to ruin someone else’s reputation

42
Q

Elements of a contract

A 
offer
acceptance
genuine agreement
capacity
consideration
legality

Buisness Law (5 decks)

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