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Business Law Final > RAT REVIEW > Flashcards

RAT REVIEW Flashcards

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1
Q

What kind of relief will a plaintiff be awarded for a civil case?

A

money

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2
Q

What caused Natural Law Theory to lose dominance as a philosophy of American jurisprudence?

A

it had been used to justify racial discrimination, and other economic discrimination

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3
Q

what classification of law refers to the organization of the government system or steps that implement the law?

A

procedural law

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4
Q

who enacts statutes?

A

congress

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5
Q

What type of law requires proof “beyond a reasonable doubt?”

A

criminal law

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6
Q

what is judicial interpretation?

A

scrutiny of legislation to determine its meaning and may be required because the statute is not specific

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7
Q

what is sociological theory?

A

a theory of jurisprudence that the law ought to strike a balance between changing, and frequently conflicting, interests over time

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8
Q

what is a “reporter”?

A

a bound volume of chronological judges’ decisions that create the common law, such as contract law

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9
Q

what is the most common definition of “the law”

A

body of rules meant to serve as guides for good behavior

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10
Q

what branch of the government under the US Constitution articulates general policy?

A

congress

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11
Q

what is the exclusionary rule?

A

the judicial branch checks the executive branch and illegally obtained evidence is inadmissible in court

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12
Q

what was the watershed event that occurred in october of 1929?

A

stock market crash

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13
Q

which part of the US Constitution voids State’s laws that come into conflict with Federal laws?

A

article VI (6)

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14
Q

when was the US Constitution ratified?

A

1789

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15
Q

when did William the Conqueror defeat Harold the Saxon?

A

1066

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16
Q

in the constitution, where are most of the powers of congress set fourth?

A

article 1 section 8

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17
Q

legislation at a local level is generated where?

A

county council

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18
Q

describe the state regulation of interstate commerce rule:

A

even federal law does not preempt state law, there can be no direct conflict between state law and federal law

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19
Q

plessy v. ferguson said what?

A

separate but equal is NOT a violation of the equal protection in the 14th amendment

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20
Q

what is the “fourth” branch of the government?

A

administrative agencies

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21
Q

what is the heart of common law?

A

stare decisis

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22
Q

how does legislature override a veto of legislation by a chief executive?

A

2/3 majority vote in both state and senate

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23
Q

mens rea means what?

A

guilty mind

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24
Q

how does a court get jurisdiction over a defendant?

A

defendant is physically handed written notice of trial.

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25
Q

where are civil cases viewed (regarding venue?)

A

where the incident occurred

26
Q

what are general trial courts called in the State of Washington?

A

superior court

27
Q

describe discovery:

A

each side finds out in advance what evidence the other side is going to present

28
Q

what does plenary jurisdiction mean?

A

state courts hear any kind of kcase unless the power was given up to the federal government

29
Q

what does remand mean?

A

appellate court finds error regarding admission of testimony and hands the case back to the trial court for a new trial

30
Q

what is a private nuisance?

A

the unreasonable interference with the use and enjoyment of just few other people’s property

31
Q

what type of invention would be considered patentable?

A

an invention reflecting a “flash of thought.”

32
Q

what is property (if it’s not a thing)

A

a right

33
Q

what is required of a person who has been unjustly enriched?

A

restitution

34
Q

is a copyright tangible or intangible?

A

intangible

35
Q

the law of bailment is a major part of what law?

A

warehousing law

36
Q

describe joint tenancy:

A

land is owned with at least one other person, one dies, the interest in the land passes to the other

37
Q

what was the ruling of the Katko v. Briney case?

A

man-killing devices are not justifiable against a mere trespasser

38
Q

what type of law overlaps with torts?

A

criminal law

39
Q

what is prima facie?

A

plaintiff establishes all the elements of the cause of action

40
Q

who, in a tort case, determines the defendant had a duty of care?

A

the judge

41
Q

what does the plaintiff prove in a negligence case?

A

harm

42
Q

what does tort mean?

A

wrong

43
Q

what is the legal remedy for breach of contract that compensates a plaintiff for the direct loss caused by the breach?

A

compensatory damages

44
Q

what does usury mean?

A

charging excessive interest on a loan

45
Q

what is a breach of contract

A

failure to perform

46
Q

what is the primary equitable remedy in torts?

A

injunction

47
Q

acceptance means:

A

accepting an offer

48
Q

what must there be for an agent to avoid personal liability for a contract?

A

a principal

49
Q

what is another term for the master-servant doctrine?

A

respondeat superior

50
Q

what is another term for respondeat superior?

A

master-servant doctrine

51
Q

what is an agency?

A

one person consents that another should act on the former’s behalf

52
Q

what is the test called to determine whether an employee was acting within the scope of employment (employee committed a tort during the general time frame of his employment)

A

the zone of risk test

53
Q

what is implied authority?

A

agent acts in a way reasonably necessary to accomplish the principal’s purpose

54
Q

what is a franchise?

A

one party allows another to sell product, but they determine the details of the sale.

55
Q

what is an independent contractor?

A

person is hired for a specific job, but the hiring person has no say in how the job is accomplished.

56
Q

what form of business owners’ are taxed like a partnership bul also enjoy limited liability of shareholders?

A

limited liability company

57
Q

when was the Revised Uniform Partnership Act promulgated?

A

1997

58
Q

what is an important cause for the invention and popularity of the corporate form?

A

owners are insulated from liability

59
Q

what is the main point of a sole proprietorship?

A

no legal distinction between the business and the individual who owns it

60
Q

how is the owners’ interest in a corporation manifested?

A

ownership of stock certificates

61
Q

is a new owner of a sole proprietor ship responsible for the old creditors debts?

A

no

62
Q

what form of business organization created by congress ameliorates the burdens of double taxation?

A

a “s” corporation

Business Law Final (6 decks)

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