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Business Law MGT 330 > Law Quiz 2 > Flashcards

Law Quiz 2 Flashcards

6, 7, 8, 9, 21

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1
Q

4 purposes/goals of US criminal justice system

A
  1. protect society
  2. punishment
  3. deterrence
  4. rehabilitate
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2
Q

the burden of proof

A

how much the plaintiff needs to win by in court

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3
Q

burden of proof for civil case

A

plaintiff must prove their claims by a preponderance of their evidence
- this means by just enough proof. could be 49% to 51% and still mean a win
(50 plus a feather)

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4
Q

burden of proof for criminal case

A

claim must be proved beyond a reasonable doubt
- its hard to ever be 100% sure so the law doesn’t require that, but it needs to be significantly more proof than the civil standard

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5
Q

definition of a crime

A
  • any act or omission
  • forbidden by law
  • to protect society
  • punishable by the government
  • in court
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6
Q

why do all crimes need to be written down somewhere in a law book

A

because someone could say I didn’t know that or where does it say that, and so that the government can prove its an existing real crime

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7
Q

7 ways people who commit crimes are punished

A
  • jail (where you are held before your trial) and prison (where you go after being found guilty)
  • death penalty
  • monetary fines
  • home confinement (become popular during war on drugs/zero tolerance that overcrowded prisons)
  • revocation of rights (ex. driving, holding gun, child possession)
  • community service
  • probation
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8
Q

for an act to be a crime, there must be a _____ and ____

A

for an act to be a crime there must be a bad act and bad intent
(bad act–pulling the trigger. doesn’t matter if it hits target)

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9
Q

larceny

A

crime

trespassory (without permission) taking and carrying away of the property of another with the intent (as measured or determined at the moment the property as taken, the jury decides the intent) to permanently deprive the victim of the property

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10
Q

embezzlement

A

crime

wrongfully taking money or property while you are in lawful possession of it

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11
Q

false pretenses

A

crime

making false statements of fact (not opinion) to obtain money or property with the intent to defraud (trick/deceive)
has to be statement of fact, not opinion, for it to be false pretenses)

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12
Q

robbery

A

crime

same thing as larceny but with force or the threat of force

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13
Q

burglary

A

crime

breaking (breaking the seal/threshold, regardless if lock etc. is broken. can still be burglary even if the door was open) and entering into a building with the intent to commit a felony (serious crime)

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14
Q

extortion/blackmail

A

crime

making threats to obtain something of value

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15
Q

bribery

A

crime

offering something of value to a public official to influence that official’s decision

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16
Q

forgery

A

crime

making or giving a false document with the intent to defraud

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17
Q

tort

A

comes from word “to twist”

instances where people hurt each other on purpose, all types of harms that impact people or businesses that is done with intent to harm

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18
Q

the tort system

A

the system that allows people to sue other people who hurt them

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19
Q

3 objectives of our tort system

A
  1. compensation of victims
  2. prevent future similar harms in society, sending signal to society
  3. require the wrongdoer to pay the compensation
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20
Q

can the same action be a crime and a tort

A

yes

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21
Q

4 criteria for an action to be considered a tort

A
  1. duty/obligation
  2. breach
  3. causation
  4. damages

something is only worthy of a lawsuit if all of these factors were involved

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22
Q

what criteria of something being a tort does the court struggle with the most

A

they struggle the most with causation, did the person really cause the damages or did something else cause it

where does the person’s responsibility stop and the other end (foot and bus example, is it your fault he got hit by bus)

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23
Q

compensatory damages

A

money intended to compensate people for their injuries

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24
Q

if I ran over your foot what are the 4 elements that factor into calculating compensatory damages

A
  1. medical bills
  2. lost wages
  3. physical therapy
  4. pain and suffering (this is where most of the money will come from)
25
Q

punitive damages

A

extra damages over and above compensatory damages intended to punish the wrongdoers for their wicked and awful conduct and send a message to society that such behavior will not be tolerated

the amount of this is determined by proportion of pain, not by a specific number

(ex. these would be awarded to the professor who lied to make a student not graduate, or a doctor for unethically conducting research)

26
Q

what types of cases can punitive damages be recoverable in

A

intentional tort
NOT breach of contract cases

27
Q

battery

A

tort

intentional infliction of harmful or offensive bodily contact

28
Q

assault

A

tort

conduct that places someone in imminent (close proximity) fear of battery

29
Q

difference between assault and battery

A

assault: a threat (swinging)
battery: the actual contact (hitting face)

  • swing and miss: assault
  • swing from behind and hit: battery
  • swing and they see it coming and hit: assault and battery
30
Q

false (bad) imprisonment (confinement)

A

tort

confining someone against their will and they are either aware of the confinement or harmed by it

ex. holding someone on suspicion of shoplifting

31
Q

infliction of emotional distress

A

tort

to sue someone for this tort, you must show symptomatology. physical symptoms of your emotional distress (weight changes, insomnia, panic attacks, comparable data)

32
Q

defamation

A

tort

false bad statement (must be a statement of fact, not opinion) about another person and told to a third party

libel and slander

33
Q

libel

A

written form of deformation
what a newspaper could do

34
Q

slander

A

spoken form of defamation
what a radio or tv could do

35
Q

invasion of privacy

A

tort

  1. misusing a person’s name or likeness (putting someones name on a petition they wouldn’t support)
  2. intruding onto the seclusion of another person (looking somewhere you’re not supposed to look)
  3. unreasonable public disclosure of private facts
36
Q

trespass

A

tort

  1. entering property without permission
  2. remaining on property after permission has expired
  3. failing to remove something from property that you are legally obligated to remove (building a fence on someone else’s property, leaving broken down car in someone’s driveway)
37
Q

nuissance

A

tort

similar to trespass, but involving things like noise, lights, smell/odor, smoke, dust, vibration

38
Q

negligence

A

failing to exercise reasonable care under the circumstances for a person or property and which causes injury or damage

39
Q

strict liability

A

if you are engaging in an inherently dangerous activity, you are automatically liable for whatever damages or injuries you cause, no matter how careful you were

ex. transporting gasoline or a virus, working at a nuclear plant, construction blasting

40
Q

how does one decide if a risk is reasonable

A

if PxG > B, then the risk is unreasonable, don’t take it

P: probability of harm (%)
G: gravity of harm (a number)
B: burden of taking precautions to avoid harm

ex. 90% chance of a candle catching a curtain on fire. gravity of harm of the curtain catching on fire 10. 1 burden of gravity to blow out the candle. 9>1, don’t take the risk

41
Q

the reasonable person standard

A

we expect adults to act reasonably at all times in all situations

42
Q

the reasonable person standard, children

A

compared to other children of similar age in a similar situation

43
Q

the reasonable person standard, people with physical disabilities

A

measure conduct against what a reasonable person with the same disability at the same level of progression would have done in that situation

44
Q

the reasonable person standard, mental disabilities

A

compared to what a reasonable person without this mental disability would have done in that situation

45
Q

reasonable person standard, people with superior skills and knowledge (lawyers, doctors, CPAs)

A

compared to other reasonable people in their same profession

46
Q

3 defenses to negligence

A
  1. contributory negligence
    - minority rule, only in about 5 states
    - says if the injured party is even slightly responsible for their injuries, they cannot recover at all from the other party
  2. comparative negligence
    - more popular and better overall
    - we compare and allocate fault proportionately between the parties
  3. assumption of the risk
47
Q

contract definition

A

a binding agreement that a court would enforce

48
Q

breach of contract

A

someone not doing what they’re supposed to do in a contract

49
Q

2 ways to breach a contract

A

say the contract is for sale of 100 shirts
1. imperfect performance, partial breach. (not giving enough shirts, or not paying enough)
2. complete failure of performance, total breach. (giving no shirts or no money)

50
Q

nonbreaching party’s two options when the other party breaches a contract

A
  1. sue
    what do they most often sue for? compensation
  2. stop performing
    ex. refuse to pay if they send the wrong shirts
51
Q

the golden rule of contract law

A

the goal of contract law is to put the nonbreaching party in the same position they would have been in had the contract been performed

52
Q

car situation breaching of contract

A

A was going to sell to B for $1,000
B was going to sell to C for $2,500

if A breaches contract, they owe B $1,500 because if they hadn’t breached thats the position (plus 1500) that B would have been in

53
Q

equitable remedies

A

sometimes the non-breaching party does not want money, they just want what is fair (equitable) under the circumstances

ex. sentimental blanket, not building to block view

54
Q

efficient breach

A

sometimes it makes economic sense to breach a contract

ex. if breaching your walmart contract to sell to target ultimately made more profit then you would breach it

55
Q

4 agreements for valid contract (if any are missing, there is no contract)

A
  1. mutual assent (agreement)
    “meeting of the mind” two different kinds of car example, each thinking the contract is involving a different one. help to avoid this by putting contract in writing
  2. consideration/value
    each party must do or give something under the contract
  3. legality of the object(ive)
    the purpose of the contract must be legal (ex. can’t have a binding contract to sell crack. government won’t enforce it)
  4. capacity
    over 18, competent person has capacity to enter into a contract
56
Q

implied contract

A

**implied, not inferred
where we infer from the parties conduct that they have a contract
they imply, you infer

57
Q

express contract

A

where it is clear from the parties words that they have a contract

58
Q

sale

A

the transfer of a title (ownership) to goods from a seller to a buyer in exchange for a price

movement of ownership

59
Q

lease

A

the temporary possession of goods in exchange for a price

temporary use of it

Business Law MGT 330 (4 decks)

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