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Business Legal > Test 1 > Flashcards

Test 1 Flashcards

1
Q

expressed rights

A

written in document (bill of rights)

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2
Q

Implied rights

A

Constitution suggest them (Privacy)

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3
Q

Statutory(Statues)

A

any law passed by an elected legislative body

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4
Q

Common law

A

Based on legal precedents that are established by judges (past cases)

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5
Q

Stare decisis

A

stand by the decision (general law)

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6
Q

Due process

A

-Fair fight

-notice of every legal proceeding involved in

-opportunity to be heard

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7
Q

Plaintiff

A

sues the defendant

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8
Q

forum state

A

-where the plaintiff lives

-defendant must have minimum contact in forum state for plaintiff to sue their

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9
Q

Minimum contacts (5)

A

-Residency
-owning land in Forum state
-Doing business in the forum state
-committing a tort in the forum state
-car accident in Forum state

-Plaintiff must show defendant has one

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10
Q

Tort

A

civil wrong

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11
Q

Residency

A

where you currently live with the present intent to remain permanently

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12
Q

domicile

A

where you live temporarily

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13
Q

Remedies

A

-solutions
-Can use a combination

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14
Q

Money damages/Monetary remedies

A

payment of money from the wrong doer to the victim

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15
Q

Compensatory damages

A

-payment of money will restore the plaintiff to where he was before the injury
-Physical/Financial

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16
Q

Punitive damages

A

Punish the wrong doer financially to change his future behavior

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17
Q

nominal damages

A

token or symbolic award of money

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18
Q

equitable remedies

A

non money remedies

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19
Q

injunction

A

court order that orders the defendant to do/stop doing something

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20
Q

Contempt of court

A

punished when disobeying injunction

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21
Q

Specific performance (equitable)

A

orders one party to a contract to perform his obligations under that contract

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22
Q

Recision (equitable)

A

cancels a transaction

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23
Q

Restitution

A

refund of money paid in a transaction

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24
Q

reformation

A

corrects a mistake in a previous transaction

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25
Q

civil lawsuit

A

-starts with the plaintiff filling out two documents

-Summons/Complaint

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26
Q

Summons

A

-notifies the defendant he’s been sued
-if defendant fails to respond he automatically loses the case

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27
Q

Complaint

A

-short statement of the facts claiming what the defendant did wrong

-informs the defendant what remedy that plaintiff is asking for

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28
Q

Jurisdiction of the Court

A

-power of authority
-personal/subject matter

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29
Q

Personal jurisdiction

A

power of the court over the person and the property of the plaintiff and the defendant

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30
Q

subject matter

A

power of the court to hear and decide a particular case

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31
Q

How do you get personal jurisdiction?

A

-Plaintiff consents to personal jurisdiction when he files summons and compliant

-Personal service of the summons and complaint on the defendant

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32
Q

Personal service ways?

A

-county sheriff
-certified mail
-special process server appointed by the court

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33
Q

Special Response

A

States you didn’t get personally served and don’t consent to personal jurisdiction

34
Q

Counter sue

A

deny allegations and say Plaintiff is at fault

35
Q

Probate

A

handles
-will’s
-adoptions
-guardianships

36
Q

District

A

-Civil and criminal cases
-up to 10 thousand in damages

37
Q

Circuit

A

-civil and criminal cases
-More than 10k damages
-only jury trials

38
Q

Law

A

answered by the judge

39
Q

admissibility

A

not every piece of evidence can be used

40
Q

fact

A

-answered by the jury if jury trial
-judge if no jury

41
Q

Appellate court

A

review the decision of the lower court to determine if it is legally correct

42
Q

affirm

A

legally correct

43
Q

reverse

A

legally incorrect

44
Q

Written opinion

A

publish appellate court decision in writing explaining why (becomes common law)

45
Q

Dual track legal system

A

-state/federal court system
-every state has a court system with subject matter
-every state has a federal court system

46
Q

federal law

A

statue/law passed by the US congress that applies nation wide

47
Q

Federal court system?

A

-any lawsuit the US gov is the Plaintiff or defendant

-any lawsuit involving federal law

-diversity of citizenship (from different states and involves more than 75k)

48
Q

overlapping subject matter jurisdiction

A

-a state court and federal court have SMJ over the same court case at the same time

-Plaintiff chooses but defendant can transfer from state to federal

49
Q

Venue

A

-tells us what county to file the lawsuit in
-sue in the county where the defendant lives
-sue in the county where the subject of the lawsuit took place
-if PLaintiff choose incorrect county defendant can switch to right one

50
Q

Discovery in civil case

A

-occurs pre trial
-both sides get to
-not everything is discoverable

51
Q

Methods of discovery

A

-written questions
-answer questions under oath
-production of documents

52
Q

Results of discovery?

A

-makes trial quicker
-reach settlement

53
Q

Burden of proof Criminal

A

must prove guilt beyond reasonable doubt

54
Q

Direct evidence

A

directly proves a particular point (eyewitness)

55
Q

Circumstantial evidence

A

does not directly prove that point but suggests it could be true

56
Q

Credibility of witness

A

judge/jury can choose to believe everything, some, nothing

57
Q

Tried for criminal and civil wrong?

A

-yes
-criminal (murder) civil (wrongful death)

58
Q

Criminal trial

A

-Prosecution/defendant
-innocent until proven guilty
-verdict is guilty/not guilty
-defendant can’t be forced to testify against himself
-burden of proof on prosecution

59
Q

Prosecution

A

brings criminal charges against defendant

60
Q

civil trial

A

-defendant can be forced to testify against self
-liable/not liable

61
Q

Burden of proof civil

A

prove liability with a prepondorus with the evidence

62
Q

defense

A

legal excuse for your actions

63
Q

Tort categories

A

-intentional
-negligence
-strict liability

64
Q

Assault (intentional)

A

fear immediate bodily harm

65
Q

battery (intentional)

A

wrongful physical contact with the victims body without consent

66
Q

self defense (intentional)

A

use reasonable physical force in order to protect themselves from immediate bodily harm

67
Q

False imprisonment (intentional)

A

wrongful restriction on the victims freedom of movement

68
Q

Infliction of emotional distress (intentional)

A

conduct so outrageously bad it produces emotional distress in the victim

69
Q

Invasion of privacy (intentional)

A

disclosing private info

70
Q

Defamation (intentional)

A

untrue statement about the victim communicated to a third party which damages the victims reputation

71
Q

Conversion (intentional)

A

wrongful interference with the use of the victims personal property

72
Q

Trespass to real property (intentional)

A

going onto someones land, build, divert water onto someone land

73
Q

Negligence

A

careless conduct

74
Q

negligence requirements

A

-defendant owes plaintiff duty of care

-defendant violates duty of care

-breach of duty of care must cause the plaintiffs injury

-plaintiff must suffer some type of injury

75
Q

Reasonable person test

A

defendant compared to hypothetical person with average intelligence/common sense

76
Q

two defenses of negligence

A

-contributory negligence of the plaintiff
-assumption of the risk by the plaintiff

77
Q

contributory negligence of the plaintiff

A

plaintiff’s own negligence also contributed to his injury

78
Q

assumption of the risk by the plaintiff

A

plaintiff recognized and understood the risk before he acted

79
Q

strict liability

A

If defendant chooses to do certain activities he will be automatically liable no matter the circumstance

80
Q

dangerous activities (Strict liability)

A

-using high explosives
-transporting toxic waste/hazardous materials
-wild animals as pets

Business Legal (3 decks)

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