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BUSN Law Test 2 > test 2 > Flashcards

test 2 Flashcards

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1
Q

Tort

A

civil wrong causing personal injury
a wrongful act other than breach of contract
an infringement of a right that is not necessarily illegal, but causes harm

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2
Q

Tortfeasor

A

The criminal equivalent for a person who commits a civil wrong that leads to a tort

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3
Q

Intentional Torts

A

Deliberate actions

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4
Q

Negligence

A

Tort; Careless actions

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5
Q

Strict Liability

A

Tort; Absolute liability for injury

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6
Q

Tort Reform

A

More difficult for injured people to:
file a lawsuit
obtain a jury trial, and
limits amount of money received by injured person in a lawsuit

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7
Q

Limits on Punitive Damages

A

8th Amendment-Excessive punitive damages=Cruel and unusual punishment and due process is violated

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8
Q

Defamation

A

Untrue statement, published; Intentional Tort

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9
Q

Slander

A

Oral Defamation

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10
Q

Libel

A

Written Defamation

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11
Q

Defamation Defenses

A

Truth is a complete defense, Privileged speech (absolute and qualified)

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12
Q

Absolute Privilege

A

Strong public interest supports protecting the speech regardless of whether it is true i.e. Congress and Judicial proceedings

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13
Q

Qualified Privilege

A

limited liability for defamation, moral obligation to speak i.e. news outlets

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14
Q

Contract Interference

A

interference with contracts when parties are not allowed intentionally damages the plaintiff’s contractual relationships

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15
Q

False Imprisonment

A

detention of a person for any period of time against his or her will without justification or consent

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16
Q

False Imprisonment Claims

A

willful detention, w/o consent, w/o authority of law

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17
Q

Defense to False Imprisonment

A

Shopkeeper’s privilege

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18
Q

Intentional Infliction of Emotional Distress

A

conduct that exceeds all bounds of decency

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19
Q

Emotional Distress Elements

A

Defendant:
1) acted intentionally
2)the conduct was extreme and outrageous,
3)caused distress.
Plaintiff:
4) suffers severe emotional distress as a result

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20
Q

Invasion of Privacy

A

3 Torts

1) Intrusion into private affairs
2) Public disclosure of private facts
3) appropriation of another’s name, likeness, image for commercial advantage

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21
Q

Negligence

A

harm caused by carelessness, failure to exercise care of a reasonably prudent person, breach of a civil duty

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22
Q

Negligence Elements

A

1) duty
2) breach of duty
3) causation
4) proximate cause
5) damages

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23
Q

Duty

A

whether a member of society, or special relationship, all persons are expected to behave as an ordinary and reasonably prudent person

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24
Q

Breach of Duty

A

once duty is established, if the defendant fell short

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25
Q

Causation

A

“But/for” causation test, breach of duty was cause of damages

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26
Q

Proximate Cause

A

the injury was a reasonably foreseeable consequence of defendant’s actions

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27
Q

Damages

A

established damages that resulted from the defendant’s negligence

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28
Q

Special Damages

A

quantifiable dollar losses

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29
Q

General Damages

A

not quantified in monetary terms (i.e. pain & suffering)

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30
Q

Punitive Damages

A

to punish the defendant, not to compensate the plaintiff, high level of carelessness.

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31
Q

Contributory Negligence

A

Plaintiff also negligent, so barred from recovering damages (non-maritime)

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32
Q

Comparative Negligence

A

Plaintiff also negligent, recovery is reduced to percentage (admiralty)

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33
Q

Assumption of Risk

A

Requires defendant prove that plaintiff knew of inherent risk

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34
Q

Defenses to Negligence

A

Contributary, Comparative, Assumption of Risk

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35
Q

Strict Liability

A

1) violation of a statute
2) Defective Product
3) Unseaworthiness of a vessel or crew (seaman only)

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36
Q

Reasons for Business Crime

A 
Economic Pressure
Competitive Pressure
Meeting Goals
Bonuses
Salary Increase
Promotion
GREED
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37
Q

White-collar crime

A

Nonviolent criminal offenses involving fraud and illegal transactions

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38
Q

White-collar criminals

A

opportunists
educated
access to large sums of money

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39
Q

Corporate Crime

A

committed either by a corporation or by individuals identified with a corporation

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40
Q

Intra-business Crime

A

within a business i.e. kickbacks

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41
Q

Inter-business Crime

A

between business i.e. stealing from competitors

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42
Q

Embezzlement

A

Misappropriation of items with which a person has been entrusted (legal possession, fraudulently assumes right)

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43
Q

Manner of Embezzlement

A

Premeditated
Systematic
Methodical

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44
Q

Embezzlement Elements

A

The fraudulent conversion of the property of another by a person who has lawful possession of the property

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45
Q

Kickback

A

illegal, secret payment made in return for a referral which resulted in a transaction or contract

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46
Q

Employee Theft

A

stealing, use or misuse of their employer’s assets

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47
Q

Types of employee theft

A 
money
time
supplies
property
information
overcharging customers
48
Q

FBI Tracking

A

Fraud
Forgery
Embezzlement

49
Q

Fraud

A

false representation of a matter of fact by words or conduct that is intended to deceive another

50
Q

Fraud elements

A 
Knowledge of an untrue statement
False statement
Intent to deceive
Justifiable reliance on statement
Injury as a result
51
Q

Wire Fraud

A

electronic communication

52
Q

Mail Fraud

A

postal system

53
Q

Securities Fraud

A

Stock fraud/investment fraud, false information

54
Q

Insider Trading

A

confidential information on stock exchange

55
Q

Money Laundering

A

washing of money (legitimization) of illegally obtained money

56
Q

Mortgage Fraud

A

misrepresentation or omit information to obtain loan

57
Q

Healthcare Fraud

A

billing for services not rendered

58
Q

Telemarketing Fraud

A

perpetrators use the telephone as the primary means of communication

59
Q

Liable for Business Crime

A

authorized the conduct
knew about the conduct but did nothing
failed to act reasonably
assist

60
Q

Lack of penalties for White-collar Crime

A 
The best lawyers
Favorable laws
Difficult to assign blame
Little police effort
Individual Perception
61
Q

Responsibility of SEC

A 
Interpret laws
Issue new rules
(oversee)Inspections of agencies
Oversee private regulatory organizations
Coordinate w/federal, state and foreign authorities
62
Q

Division of Enforcement

A

Assists the SEC law enforcement agency by recommendations and prosecutions

63
Q

Insider Trading & Securities Fraud Enforcement Act of 1988

A

fines up to 3x the profit of offender, cash payments to “whistle-blowers”, civil penalties for managers failing to act

64
Q

White-Collar Kingpin Act

A

minimum federal mandatory sentences on corporate officers

65
Q

Sarbanes-Oxley Act 2002

A

Wire and Fraud charges increased from 5 years to 20 years and penalties for violation of trust increased from 1 to 10 years and $5,000 to $100,000

66
Q

Financial Services Reform Act

A

AKA Dodd-Frank Wall Street Reform and Consumer Protection Act, covering money lenders and imposes civil penalties

67
Q

United States Sentencing Commission

A

Independent agency in the judicial branch, establishing sentencing policies

68
Q

Federal Sentencing Guidelines

A

Rules that set out a uniform sentencing policy to alleviate disparities

69
Q

Corporate Penalty Reductions

A

1) Code of Conduct
2) Trusted Intermediary
3) Hotline
4) Mandatory Training for Executives

70
Q

Criminal Intent

A

Mens Rea

71
Q

Doctrine of Conscious Avoidance

A

Unwillingness to curb a wrongful act

72
Q

Actus Reus

A

Act of the crime

73
Q

Racketeer Influenced and Corrupt Organizations Act (RICO)

A

for criminal penalties for acts performed as a part of an ongoing criminal organization.

74
Q

Racketeering

A

crimes ordered for others to do, at least 2 acts w/in 10 years

75
Q

Exceptions to warrant requirements

A

Records being destroyed

“plain view”

76
Q

5th Amendment Rights

A

(Natural Persons only) Protection against self-incrimination, Miranda Rights and due process rights

77
Q

Due Process Protections

A
  • Preliminary Hearing/Grand Jury

- Arrainment

78
Q

Due Process

A 
Discover
Pretrial Conference
Omnibus Hearing
Trial
Appeal
79
Q

Corporate Political Speech

A

given full First Amendment protection

80
Q

Eminent Domain

A

The takings clause, right of a government body to take title to a citizen’s private property for public use. Per 5th Amendment “Property shall not be taken for a public use without just compensation”

81
Q

Factors of Eminent Domain

A

1) Public purpose
2) Taking(as opposed to regulation)
3) Just Compensation

82
Q

Bipartisan Campaign Reform Act of 2002

A

Regulates “soft money”. Prohibits a federal candidate name in ads paid by a corporation w/in 30 days of a primary caucus or 60 days of general election

83
Q

Balancing Test- Interstate Commerce

A

1) Courts examine safety, welfare and health issues
2) Unfair Advantage?
3) Effect on Commerce
4) Accomplished another way, less burdened?

84
Q

Taxes Imposed Standards

A

1) Cannot Discriminate
2) Cannot Unduly Burden
3) Sufficient Nexus
4) Apportioned Fairly

85
Q

14th Amendment

A

Equal Protection Rights for Business

86
Q

5th Amendment

A

Eminent Domain, Due Process, and Self-incrimination

87
Q

4th Amendment

A

Privacy

88
Q

1st Amendment

A

Freedom of Speech

89
Q

Article 1 Section 8

A

Congress has power ti lay and collect taxes, duties “Regulate Commerce”

90
Q

Constitution

A

Supreme law, 1787, oldest, shortest, 7 articles, 27 amendments

91
Q

Article I

A

Legislative Branch, Powers of congress

92
Q

Article I Section 1

A

Vesting Clause, all legislative powers granted to congress

93
Q

Article I Section 2

A

Taxes apportioned and census every 10 yrs

94
Q

Article I Section 3

A

Senate

95
Q

Article I Section 4

A

Election Powers for Senators and Representatives

96
Q

Article I Section 5

A

Election Procedure

97
Q

Article I Section 6

A

Salaries for Congressmen

98
Q

Article I Section 7

A

Legislative Procedure

99
Q

Article I Section 8

A

Regulate commerce with foreign nations, states, Indian Tribes

100
Q

Article I Section 9

A

Limits power of Congress

101
Q

Article 1 Section 10

A

Limits power of states

102
Q

Article II

A

Executive Branch comprising of President and other executives

103
Q

Article II Section 1

A

President and VP

104
Q

Article II Section 2

A

President powers

105
Q

Article II Section 3

A

President responsibilities

106
Q

Article II Section 4

A

Impeachment

107
Q

Article III

A

Judicial Branch; creates US Supreme Court, authorizes congress to create inferior courts

108
Q

Article III Section 1

A

Federal Courts

109
Q

Article III Section 2

A

Judicial power, jurisdiction, trial by jury

110
Q

Article III Section 3

A

Treason

111
Q

Judicial Review

A

Doctrine under which legislative and executive actions subject to review

1) Freedom of speech
2) Right to privacy

112
Q

Article IV

A

State Interrelationships

113
Q

Article V

A

Procedures for amendments

114
Q

Article VI

A

Supremacy Clause, establishing the US Constitution, US Treaties, and Federal Statutes as “Supreme Law of the Land”

115
Q

Article VII

A

State Ratification of the Constitution

116
Q

Interstate Commerce

A

the buying and selling of products and services across state borders

BUSN Law Test 2 (1 decks)

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