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Business law > Test 1 > Flashcards

Test 1 Flashcards

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1
Q

Sovereign

A

Person/thing that rules

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2
Q

13th amendment

A

Abolish slavery

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3
Q

19th amendment

A

Women’s right to vote

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4
Q

Brown vs board of education

A

Desegregation

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5
Q

Needs of the legal system

A

Reasonable
Flexible
Practical
Published
Final

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6
Q

House of Reps is responsible for?

A

Bills for raising revenue
Impeaching federal officials including judges

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7
Q

Senate is responsible for ?

A

Advise and consent with respect to all executive federal appointments
Sole tier of impeachments

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8
Q

Three branches of government

A

Legislative
Executive
Judicial

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9
Q

What is a courts jurisdiction?

A

Power to hear cases and render decisions

Could be physical area, subject matter as defined but constitution or statute
In personam over this person

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10
Q

Judicial gloss

A

Judges interpretation of law, is as binding as the law itself

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11
Q

Stare decisis

A

Let the decision stand

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12
Q

What is the burden of proof for civil vs criminal trials

A

Civil more then 50% does not have to be 100% preponderance of guilt

Criminal beyond reasonable doubt almost 100%

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13
Q

Inferior trial courts

A

Justice of the peace
Municipal courts
Traffic court
Small claims
Probate

Created by state statue and limited subject matter jurisdiction

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14
Q

Courts of general jurisdiction

A

Trial courts with evidence, witnesses, sometimes a jury

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15
Q

State Appellate courts

A

Never hear cases
Hear appeals based on legal arguments only
Determine if law was misapplied, serious defect in trial

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16
Q

State supreme courts

A

Created by constitution of state hears appeals from appellate court

Ultimately determine common law

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17
Q

Federal trial courts of limited jurisdiction

A

Bankruptcy
Tax
US claims

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18
Q

US states district courts

A

Created by federal statute
Federal trial courts
>$75,000
Or federal question

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19
Q

US court of appeals

A

11 district courts
Court of appeals for DC
Federal circuit court of appeals - hears appeals from all specialized federal courts

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20
Q

US Supreme Court

A

Created in article III of constitution
Hears appeals from federal appellate courts
Decisions are binding in ALL other courts

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21
Q

Role of a lawyer

A

Officer of the court
Zealous advocate of client
Confidant

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22
Q

Elements of a civil suit

A

Duty
Breach
Damage
Causation

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23
Q

Remedies in a civil trial

A

Money, Compensation and punitive
Specific performance (finish a contract etc)
Injunction (stop doing something)

24
Q

Anatomy of civil suit

A

Interview with client/lawyer
Lawyer investigates
Negotiate a settlement if fails-
File civil suit
Defendant answers
Pre trial proceedings
Trial
Appeal

25
Q

What are the pretrial proceedings?

A

Methods used to get facts of a case
Deposition
Interrogatories
Production of things and documents (pics/reports etc)
Request for admission
Physical or mental exams

26
Q

What freedoms are guaranteed in 1st amendment

A

Speech
Press
Assembly
Religion
To petition the government

27
Q

2nd amendment

A

Right to bear arms

28
Q

3rd amendment

A

Soldiers cannot be housed in personal homes without consent during peace times

29
Q

4th amendment

A

Freedom from searches.

30
Q

5th amendment

A

Right to die processs and freedoms from incrimination of oneself
Plead the 5th

31
Q

6th amendment

A

Right to a speedy trial

32
Q

7th amendment

A

Trial by jury

33
Q

8h amendment

A

Protection against cruel and unusual punishment

34
Q

10h amendment

A

Powers not delegated by the US constitution are relegated to the states.

35
Q

What is habeas corpus

A

Court order against unlawful and indefinite imprisonment

36
Q

Ex post facto laws

A

You can not punish someone for something if it was not illegal when it was committed.

37
Q

No Bills of attainer

A

You can not punish someone without judicial trial

38
Q

What are the 3 levels of torts

A

Intentional - simple duty to avoid
Negligence - reasonable duty to avoid
Strict liability- strict duty to avoid

39
Q

What is negligence

A

Wrongs citizens have a reasonable duty to avoid, when you do anything with a foreseeable risk of harm to another person or their property you must act with reasonable care

40
Q

Intentional torts

A

Assault
Battery
Trespass
Conversion
False imprisonment
Libel or slander
Defamation of character
Invasion of privacy
Fraud
Emotional distress (intentional)
Interference with contract
Interference with business contract

41
Q

What is the difference between a tort and a crime

A

Torts are determined by common law/civil law
and crimes are defined by a statute

42
Q

What is strict liability

A

The harmful results of certain activities regardless of intention

Ultra hazardous activity: blasting, toxic chemicals etc

43
Q

What is the purposes of criminal law

A

Deterrence -don’t do it again
Protection to the public
Retribution to the one seeking justice
Rehabilitation of the criminal

44
Q

Defenses to torts

A

Assumption of risk - victim knew there was a risk (hit by a golf ball on golf course)
Contributory negligence(common) competitive negligence (statutory)-no one person at fault
Misuse or abuse of the product
Necessity
Privilege
True

45
Q

Mens rea (particular mental state)

A

Intention of knowledge of wrongdoing in a crime
General intent
Specific intent
Gross recklessness
No intent

46
Q

Substantive

A

Defines criminal activity and provides sanctions. Most have actus reus and mens rea

47
Q

Mens rea

A

Mental state
General intent
Specific intent
Gross recklessness
No intent-strict liability (actus reus only)

48
Q

Classes of substantive crimes

A

Mala in se -evil in and of itself - murder, arson serious moral failure

Mata prohibita - prohibited wrongs- crimes that are only crimes because of a law - not paying taxes, speeding, noise

49
Q

Procedural law

A

Methods by which the laws are enforced and how the legal proceedings are conducted.

50
Q

Which ammedments refer to procedural law

A

4th, 5th, & 6th

51
Q

Sanctions for criminal law

A

Fines
Injunctions/restraining orders
Supervised probation
Incarceration
Loss of rights: voting, bear arms, etc
Death

52
Q

Defenses for criminal trial

A

Self defense -varies by state
Justification - speeding to ER
Insanity- includes intoxication
Duress- direct threat -gun to head
Coercion-threat to someone close to you

53
Q

Defense of negligence tort

A

Assumption of risk
Contributory negligence -common law
Comparative- statutory

54
Q

Defense of strict liability

A

None in ultra dangerous situations

Misuse or abuse of product
Necessity

55
Q

What is an adversarial system

A

Not an objective search for the truth

56
Q

Article 1 did what?

A

Created legislative branch of government, congress and its specific powers

57
Q

Article 1 did what?

A

Created legislative branch of government, congress and its specific powers

Business law (3 decks)

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