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BUSN Law Test 2 > test 2 > Flashcards

test 2 Flashcards

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
Causation
"But/for" causation test, breach of duty was cause of damages
26
Proximate Cause
the injury was a reasonably foreseeable consequence of defendant's actions
27
Damages
established damages that resulted from the defendant's negligence
28
Special Damages
quantifiable dollar losses
29
General Damages
not quantified in monetary terms (i.e. pain & suffering)
30
Punitive Damages
to punish the defendant, not to compensate the plaintiff, high level of carelessness.
31
Contributory Negligence
Plaintiff also negligent, so barred from recovering damages (non-maritime)
32
Comparative Negligence
Plaintiff also negligent, recovery is reduced to percentage (admiralty)
33
Assumption of Risk
Requires defendant prove that plaintiff knew of inherent risk
34
Defenses to Negligence
Contributary, Comparative, Assumption of Risk
35
Strict Liability
1) violation of a statute 2) Defective Product 3) Unseaworthiness of a vessel or crew (seaman only)
36
Reasons for Business Crime
``` Economic Pressure Competitive Pressure Meeting Goals Bonuses Salary Increase Promotion GREED ```
37
White-collar crime
Nonviolent criminal offenses involving fraud and illegal transactions
38
White-collar criminals
opportunists educated access to large sums of money
39
Corporate Crime
committed either by a corporation or by individuals identified with a corporation
40
Intra-business Crime
within a business i.e. kickbacks
41
Inter-business Crime
between business i.e. stealing from competitors
42
Embezzlement
Misappropriation of items with which a person has been entrusted (legal possession, fraudulently assumes right)
43
Manner of Embezzlement
Premeditated Systematic Methodical
44
Embezzlement Elements
The fraudulent conversion of the property of another by a person who has lawful possession of the property
45
Kickback
illegal, secret payment made in return for a referral which resulted in a transaction or contract
46
Employee Theft
stealing, use or misuse of their employer's assets
47
Types of employee theft
``` money time supplies property information overcharging customers ```
48
FBI Tracking
Fraud Forgery Embezzlement
49
Fraud
false representation of a matter of fact by words or conduct that is intended to deceive another
50
Fraud elements
``` Knowledge of an untrue statement False statement Intent to deceive Justifiable reliance on statement Injury as a result ```
51
Wire Fraud
electronic communication
52
Mail Fraud
postal system
53
Securities Fraud
Stock fraud/investment fraud, false information
54
Insider Trading
confidential information on stock exchange
55
Money Laundering
washing of money (legitimization) of illegally obtained money
56
Mortgage Fraud
misrepresentation or omit information to obtain loan
57
Healthcare Fraud
billing for services not rendered
58
Telemarketing Fraud
perpetrators use the telephone as the primary means of communication
59
Liable for Business Crime
authorized the conduct knew about the conduct but did nothing failed to act reasonably assist
60
Lack of penalties for White-collar Crime
``` The best lawyers Favorable laws Difficult to assign blame Little police effort Individual Perception ```
61
Responsibility of SEC
``` Interpret laws Issue new rules (oversee)Inspections of agencies Oversee private regulatory organizations Coordinate w/federal, state and foreign authorities ```
62
Division of Enforcement
Assists the SEC law enforcement agency by recommendations and prosecutions
63
Insider Trading & Securities Fraud Enforcement Act of 1988
fines up to 3x the profit of offender, cash payments to "whistle-blowers", civil penalties for managers failing to act
64
White-Collar Kingpin Act
minimum federal mandatory sentences on corporate officers
65
Sarbanes-Oxley Act 2002
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
Financial Services Reform Act
AKA Dodd-Frank Wall Street Reform and Consumer Protection Act, covering money lenders and imposes civil penalties
67
United States Sentencing Commission
Independent agency in the judicial branch, establishing sentencing policies
68
Federal Sentencing Guidelines
Rules that set out a uniform sentencing policy to alleviate disparities
69
Corporate Penalty Reductions
1) Code of Conduct 2) Trusted Intermediary 3) Hotline 4) Mandatory Training for Executives
70
Criminal Intent
Mens Rea
71
Doctrine of Conscious Avoidance
Unwillingness to curb a wrongful act
72
Actus Reus
Act of the crime
73
Racketeer Influenced and Corrupt Organizations Act (RICO)
for criminal penalties for acts performed as a part of an ongoing criminal organization.
74
Racketeering
crimes ordered for others to do, at least 2 acts w/in 10 years
75
Exceptions to warrant requirements
Records being destroyed | "plain view"
76
5th Amendment Rights
(Natural Persons only) Protection against self-incrimination, Miranda Rights and due process rights
77
Due Process Protections
- Preliminary Hearing/Grand Jury | - Arrainment
78
Due Process
``` Discover Pretrial Conference Omnibus Hearing Trial Appeal ```
79
Corporate Political Speech
given full First Amendment protection
80
Eminent Domain
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
Factors of Eminent Domain
1) Public purpose 2) Taking(as opposed to regulation) 3) Just Compensation
82
Bipartisan Campaign Reform Act of 2002
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
Balancing Test- Interstate Commerce
1) Courts examine safety, welfare and health issues 2) Unfair Advantage? 3) Effect on Commerce 4) Accomplished another way, less burdened?
84
Taxes Imposed Standards
1) Cannot Discriminate 2) Cannot Unduly Burden 3) Sufficient Nexus 4) Apportioned Fairly
85
14th Amendment
Equal Protection Rights for Business
86
5th Amendment
Eminent Domain, Due Process, and Self-incrimination
87
4th Amendment
Privacy
88
1st Amendment
Freedom of Speech
89
Article 1 Section 8
Congress has power ti lay and collect taxes, duties "Regulate Commerce"
90
Constitution
Supreme law, 1787, oldest, shortest, 7 articles, 27 amendments
91
Article I
Legislative Branch, Powers of congress
92
Article I Section 1
Vesting Clause, all legislative powers granted to congress
93
Article I Section 2
Taxes apportioned and census every 10 yrs
94
Article I Section 3
Senate
95
Article I Section 4
Election Powers for Senators and Representatives
96
Article I Section 5
Election Procedure
97
Article I Section 6
Salaries for Congressmen
98
Article I Section 7
Legislative Procedure
99
Article I Section 8
Regulate commerce with foreign nations, states, Indian Tribes
100
Article I Section 9
Limits power of Congress
101
Article 1 Section 10
Limits power of states
102
Article II
Executive Branch comprising of President and other executives
103
Article II Section 1
President and VP
104
Article II Section 2
President powers
105
Article II Section 3
President responsibilities
106
Article II Section 4
Impeachment
107
Article III
Judicial Branch; creates US Supreme Court, authorizes congress to create inferior courts
108
Article III Section 1
Federal Courts
109
Article III Section 2
Judicial power, jurisdiction, trial by jury
110
Article III Section 3
Treason
111
Judicial Review
Doctrine under which legislative and executive actions subject to review 1) Freedom of speech 2) Right to privacy
112
Article IV
State Interrelationships
113
Article V
Procedures for amendments
114
Article VI
Supremacy Clause, establishing the US Constitution, US Treaties, and Federal Statutes as "Supreme Law of the Land"
115
Article VII
State Ratification of the Constitution
116
Interstate Commerce
the buying and selling of products and services across state borders

BUSN Law Test 2 (1 decks)

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