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Business Law MGT 330 > Law Book Definitions Quiz 2 > Flashcards

Law Book Definitions Quiz 2 Flashcards

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1
Q

definition of law

A

any act or omission forbidden by public law

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2
Q

felony vs. misdemeanor

A

felony: a serious crime
misdemeanor: a less serious crime

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3
Q

vicarious liability

A

liability imposed for acts of employees if the employer directed, participated in, or approved of the acts

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4
Q

liability of a corporation

A

under certain circumstances, a corporation may be convicted of crimes and punished by fines

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5
Q

white collar crime

A

nonviolent crime involving deceit, corruption, or breach of trust

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6
Q

computer crime

A

use of a computer to commit a crime

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7
Q

larceny

A

trespassory taking and carrying away of personal property if another with the intent to deprive the victime permanently of the property

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8
Q

embezzlement

A

taking of another’s property by a person who was in lawful possession of the property

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9
Q

false pretenses

A

obtaining title to property of another by means of representation one knows to be materially false; made with intent to defraud

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10
Q

robbery

A

committing larceny with the use of threat or force

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11
Q

burglary

A

under most modern statutes, an entry into a building with the intent to commit a felony

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12
Q

extortion

A

making threats to obtain money or property

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13
Q

bribery

A

offering money or property to a public official to influence the official’s decision

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14
Q

forgery

A

intentional falsification of a document to defraud

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15
Q

bad checks

A

knowingly issuing a check without funds sufficient to cover the check

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16
Q

defense of person or property

A

individuals may use reasonable force to protect themselves, other individuals, and their property

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17
Q

duress

A

coercion by threat of serious bodily harm, a defense to criminal conduct other than murder

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18
Q

mistake of fact

A

honest and reasonable belief that conduct is not criminal

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19
Q

entrapment

A

inducement by a law enforcement official to commit a crime

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20
Q

4 defenses to crimes

A

defense of person or property
duress
mistake of fact
entrapment

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21
Q

battery

A

intentional infliction of harmful or offensive bodily contact

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22
Q

assault

A

intentional infliction of apprehension of immediate bodily harm or offensive contact

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23
Q

false imprisonment

A

intentional confining of a person against her will

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24
Q

infliction of emotional distress

A

extreme and outrageous conduct intentionally or recklessly causing severe emotional distress

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25
Q

defamation

A

false communication that injures a persons reputation

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26
Q

libel

A

written or electronically transmitted defamation

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27
Q

slander

A

spoken defamation

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28
Q

defenses

A

truth, absolute privilege, conditional privilege, and constitutional privilege are defenses to a defamation action

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29
Q

appropriation

A

unauthorized use of a person’s idenity

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30
Q

intrusion

A

unreasonable and highly offensive interference with the seclusion of another

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31
Q

public disclosure of private facts

A

highly offensive publicity of private information about another

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32
Q

false light

A

highly offensive and false publicity about another

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33
Q

real property

A

land and anything attached to it

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34
Q

trespass to real property

A

wrongfully entering on land of another

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35
Q

nuissance

A

a nontrespassory interference with another’s use and enjoyment of land

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36
Q

personal property

A

any property other than land

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37
Q

trespass to personal property

A

an intentional taking or use of another’s personal property

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38
Q

conversion

A

intentional exercise of control over another’s personal property

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39
Q

defenses to intentional torts

A

consent
self-defense

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40
Q

consent

A

a person may not recover for injury to which he willingly and knowlingly consents

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41
Q

self-defense

A

a person may take appropriate action to prevent harm to himself where time foes not allow resort to the law

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42
Q

definition of negligence

A

conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm

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43
Q

duty of care

A

a person is under a duty to all others at all times to exercise reasonable care for the safety of the others’ person and property; however, except in special circumstances, no one is under a general duty to avoid the unintentional infliction of economic loss or aid another in peri;

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44
Q

reasonable person standard

A

degree of care that a reasonable person would exercise under all the circumstances

45
Q

reasonable person standard children

A

must conform to the conduct of a reasonable person of the same age, intelligence, and experience under all the circumstances

46
Q

reasonable person standard physical disability

A

a disabled person’s conduct must conform to that of a reasonable person under the same disability

47
Q

reasonable person standard mental disability

A

a mentally disabled person is held to the reasonable person standard

48
Q

reasonable person standard superior skill or knowledge

A

if a person has skills or knowledge beyond those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the person has acted with reasonable care

49
Q

reasonable person standard standard for emergencies

A

the reasonable person standard applies, but an unexpected emergency is considered part of the circumstances

50
Q

reasonable person standard violation of statute

A

if the statute applies, the violation is negligence per se in most states

51
Q

harm to legally protected interest

A

court determines which interests are protected from negligent interference

52
Q

burden of proof

A

plaintiff must prove that defendant’s negligent conduct caused harm to a legally protected interest

53
Q

contributory negligence

A

failure of a plaintiff to exercise reasonable care for his own protection, which in a few states prevents the plaintiff from recovering anything

54
Q

comparative negligence

A

damages are divided between the parties in proportion to their degree of negligence; applies in almost all states

55
Q

assumption of risk

A

plaintiff’s express consent to encounter a known danger; some states still apply implied assumption of the risk

56
Q

defenses to negligence

A

contributory negligence
comparative negligence
assumption of risk

57
Q

strict liability

A

liability for nonintentional and nonnegligent conduct

58
Q

abnormally dangerous activity

A

strict liability is imposed for any activity that
1. creates a foreseeable and highly significant risk of harm
2. is not one of common usage

59
Q

defenses to strict liability

A

NOT contributory negligence
comparative negligence
assumption of risk

60
Q

common law

A

most contracts are governed primarily by state common law, including contracts involving employment, services, insurance, real property (land and anything attached to it), patents/copyright

61
Q

uniform commercial code (UCC)

A

article 2 of the UCC governs the sale of goods

62
Q

sale

A

the transfer of title from seller to buyer

63
Q

goods

A

tangible personal property (personal property is all property other than an interest in land)

64
Q

international contracts

A

involve additional issues beyond those in domestic contracts, such as differences in language, legal systems, and currency; the united nations convention on contracts for the international sale of goods governs all contracts for international sales of goods between parties located in different nations that have ratified the cisg

65
Q

contract

A

a binding agreement that the courts will enforce

66
Q

breach

A

failure to perform a contractual obligation properlym

67
Q

mutual assent

A

the parties to a contract must manifest by words or conduct that they have agreed to enter into a contract

68
Q

consideration

A

each party to a contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return exchange

69
Q

legality of object

A

the purpose of a contract must not be criminal, tortious, or otherwise against public policy

70
Q

capacity

A

the parties to a contract must have contractual capacity

71
Q

requirements of a contract

A

mutual assent
consideration
legality of object
capacity

72
Q

express contract

A

an agreement that is stated in works, either orally or in writing

73
Q

implied in fact contract

A

a contract in which the agreement of the parties is inferred from their conduct

74
Q

bilateral contract

A

a contract in which both parties exchange promises

75
Q

unilateral contract

A

a contract in which only one party makes a promise

76
Q

valid contract

A

one that meets all of the requirements of a binding contract

77
Q

void contract

A

no contract at all, without legal effect

78
Q

voidable contract

A

a contract capable of being made void

79
Q

unenforceable contract

A

a contract for the breach of which the law provides no remedy

80
Q

goods

A

moveable personal property

81
Q

sale

A

transfer of title of goods from seller to buyer for a price

82
Q

lease

A

a transfer of right to possession and use of goods in return for consideration

83
Q

consumer leases

A

leases by a merchant to an individual who leased for personal, family, or household purposes for no more than $25,000

84
Q

finance leases

A

special type of lease transaction generally involving three parties: the lessor, the supplier, and the lessee

85
Q

sales transactions

A

governed by article 2 of the code, but where general contract law has not been specificially modified by the code, general contract law continues to apply

86
Q

lease transactions

A

governed by article 2a of the code, but where general contract law has not been specifically modified by the code, general contract law continues to apply

87
Q

transactions outside the code

A

include employment contracts, service contracts, insurance contracts, contracts involving real property, and contracts for the sale of intangibles

88
Q

purpose of ucc

A

to modernize, clarify, simplify, and made uniform the law of sales and leases

89
Q

good faith

A

the code requires all sales and lease contracts to be performed in good faith, which means honesty in fact and the observance of reasonable commercial standards of fair dealing

90
Q

unconscionability

A

a court may refuse to enforce an unconscionable contract or any part of the contract found to be unconscionable

91
Q

procedural unconscionable

A

unfairness of the bargaining process

92
Q

substantive unconscionable

A

oppressive or grossly unfair contractual provisions

93
Q

course of dealing

A

a sequence of previous conduct between the parties establishing a common basis for interpreting their agreement

94
Q

usage of trade

A

a practice or method of dealing regularly observed and followed in a place, vocation, or trade

95
Q

sales by and between merchants

A

the code establishes separate rules that apply to transactions between merchants or involving a merchant (a dealer in goods or a person who by his occupation holds himself out as having knowledge or skill peculiar to the goods or practice involved or who employs an agent or broker whom he holds out as having such knowledge or skill)

96
Q

freedom of contract

A

most provisions of the code may be varied by agreement

97
Q

validation and preservation of sales contract

A

the code reduces formal requisites to the bare minimum and attempts to preserve agreements whenever the parties manifest an intention to enter into a contract

98
Q

definiteness of an offer

A

the code provides that a sales or lease contract does not fail for indefiniteness even though one or more terms may have been omitted, the code provides standards by which missing essential terms may be supplied for sales of goods

99
Q

option

A

a contract to hold open an offer

100
Q

firm offer

A

a signed writing by a merchant to hold open an offer for the purchase or sale of goods for a maximum of three months

101
Q

variant acceptances

A

the inclusion of different or additional terms in an acceptance is addressed by focusing on the intent of the parties

102
Q

manner of acceptance

A

an acceptance can be made in any reasonable manner and is effective upon dispatch

103
Q

auction

A

auction sales are generally with reserve, permitting the auctioneer to withdraw the goods at any time prior to sale

104
Q

contractual modifications

A

the code provides that a contract for the sale or lease of goods may be modified without new consideration if the modification is made in good faith
firm offers are not revocable for lack of consideration

105
Q

statute of frauds

A

sale of goods costing $500 or more (or lease of $1000 or more) must be evidenced by a signed writing to be enforceable

106
Q

writing or record

A

the code requires some writings or record sufficient to indicate that a contract has been made between the parties, signed by the party against whom enforcement is sought or by her authorized agent or broker, and including a term specifying the quantity of goods

107
Q

alternative methods of compliance

A

written confirmations between merchants, admission, specially manufacutred goods, and delivery or payment and acceptance

108
Q

parol evidence

A

contractual terms that are set forth in a writing intended by the parties as a final expression of their agreement may not be contradicted by evidence of any prior agreements or of a contemporaneous oral agreement, but such terms may be explained or supplemented by course of dealing, usage of trade, course of performance, or consistent additional evidence

Business Law MGT 330 (4 decks)

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