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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
civil lawsuit
-starts with the plaintiff filling out two documents -Summons/Complaint
26
Summons
-notifies the defendant he's been sued -if defendant fails to respond he automatically loses the case
27
Complaint
-short statement of the facts claiming what the defendant did wrong -informs the defendant what remedy that plaintiff is asking for
28
Jurisdiction of the Court
-power of authority -personal/subject matter
29
Personal jurisdiction
power of the court over the person and the property of the plaintiff and the defendant
30
subject matter
power of the court to hear and decide a particular case
31
How do you get personal jurisdiction?
-Plaintiff consents to personal jurisdiction when he files summons and compliant -Personal service of the summons and complaint on the defendant
32
Personal service ways?
-county sheriff -certified mail -special process server appointed by the court
33
Special Response
States you didn't get personally served and don't consent to personal jurisdiction
34
Counter sue
deny allegations and say Plaintiff is at fault
35
Probate
handles -will's -adoptions -guardianships
36
District
-Civil and criminal cases -up to 10 thousand in damages
37
Circuit
-civil and criminal cases -More than 10k damages -only jury trials
38
Law
answered by the judge
39
admissibility
not every piece of evidence can be used
40
fact
-answered by the jury if jury trial -judge if no jury
41
Appellate court
review the decision of the lower court to determine if it is legally correct
42
affirm
legally correct
43
reverse
legally incorrect
44
Written opinion
publish appellate court decision in writing explaining why (becomes common law)
45
Dual track legal system
-state/federal court system -every state has a court system with subject matter -every state has a federal court system
46
federal law
statue/law passed by the US congress that applies nation wide
47
Federal court system?
-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
overlapping subject matter jurisdiction
-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
Venue
-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
Discovery in civil case
-occurs pre trial -both sides get to -not everything is discoverable
51
Methods of discovery
-written questions -answer questions under oath -production of documents
52
Results of discovery?
-makes trial quicker -reach settlement
53
Burden of proof Criminal
must prove guilt beyond reasonable doubt
54
Direct evidence
directly proves a particular point (eyewitness)
55
Circumstantial evidence
does not directly prove that point but suggests it could be true
56
Credibility of witness
judge/jury can choose to believe everything, some, nothing
57
Tried for criminal and civil wrong?
-yes -criminal (murder) civil (wrongful death)
58
Criminal trial
-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
Prosecution
brings criminal charges against defendant
60
civil trial
-defendant can be forced to testify against self -liable/not liable
61
Burden of proof civil
prove liability with a prepondorus with the evidence
62
defense
legal excuse for your actions
63
Tort categories
-intentional -negligence -strict liability
64
Assault (intentional)
fear immediate bodily harm
65
battery (intentional)
wrongful physical contact with the victims body without consent
66
self defense (intentional)
use reasonable physical force in order to protect themselves from immediate bodily harm
67
False imprisonment (intentional)
wrongful restriction on the victims freedom of movement
68
Infliction of emotional distress (intentional)
conduct so outrageously bad it produces emotional distress in the victim
69
Invasion of privacy (intentional)
disclosing private info
70
Defamation (intentional)
untrue statement about the victim communicated to a third party which damages the victims reputation
71
Conversion (intentional)
wrongful interference with the use of the victims personal property
72
Trespass to real property (intentional)
going onto someones land, build, divert water onto someone land
73
Negligence
careless conduct
74
negligence requirements
-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
Reasonable person test
defendant compared to hypothetical person with average intelligence/common sense
76
two defenses of negligence
-contributory negligence of the plaintiff -assumption of the risk by the plaintiff
77
contributory negligence of the plaintiff
plaintiff's own negligence also contributed to his injury
78
assumption of the risk by the plaintiff
plaintiff recognized and understood the risk before he acted
79
strict liability
If defendant chooses to do certain activities he will be automatically liable no matter the circumstance
80
dangerous activities (Strict liability)
-using high explosives -transporting toxic waste/hazardous materials -wild animals as pets

Business Legal (3 decks)

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