Business Law 2

Front 1

What is a tort

Back 1

Private civil wrong committed against another for which the law provides an award of money damages

Front 2

What are 3 types of civil wrongs in a business setting

Back 2

Unintentional, Intentional, Strict Liability

Front 3

What is Strict Liability?

Back 3

The responsibility imposed upon a business regardless of the care exercised or the precautions taken to prevent the harm

This liability may arise from owning a dangerous animal or by selling a defective product

Front 4

What do Recoverable Damages include?

Back 4

Recoverable damages include lost wages, medical expenses, harm to property, and pain and suffering

Front 5

What is negligence?

Back 5

Failure to do what a reasonable person would do under the circumstances

Front 6

What are four elements of negligence?

Back 6

A duty must be owed
There must be a breach of duty
The negligence must be the proximate cause of the harm
The aggrieved party must sustain damages

Front 7

The ______ has the burden of proving all four elements of negligence by the preponderance of evidence

Back 7

Plaintiff

Front 8

What is a duty of care

Back 8

Establishes the type of behavior a person must exhibit in a given situation

Front 9

In cases of negligence, what standard of care does a person hold?

Back 9

A person must conform to the standard of care of a “reasonable person under the circumstances”

Front 10

True/False: Generally, the law does make a distinction concerning the standard of care between adults of different ages

Back 10

False

Front 11

Negligence of a professional is known as __________

Back 11

malpractice

Front 12

What standard of care is a minor held to?

Back 12

A minor is held to the standard of care of a child of similar age, intelligence, and experience

Front 13

What is the Good Samaritan Status

Back 13

In the event of an emergency situation, this status encourages professionals to offer assistance when needed and only imposes liability in the event of gross misconduct

Front 14

What is a trespasser

Back 14

One who comes upon the premises of another without consent and with no legal right to be on the property

Front 15

What duty of care does one owe a trespasser?

Back 15

The only duty owed to a trespasser is to avoid injuring them through willful and wanton misconduct

Front 16

What is the attractive nuisance doctrine

Back 16

created to safeguard children who trespass on the land of another that contains an inviting but dangerous condition

Front 17

What is a licensee?

Back 17

A person who comes on the property of another with the owner consent or with the legal right to be on the land

Front 18

What is the most common type of licensee?

Back 18

Social Guest

Front 19

What is the duty of care for a licensee?

Back 19

The owner of the property is responsible for defects that were known of, or should have been known of, and the guest would not have known of.

Front 20

What is the duty of care for a business visitor?

Back 20

The owner of the property is responsible for defects that were known of, or should have been known of, and the guest would not have known of. There is also a duty for the owner to inspect his or her property for defects

Front 21

What is proximate cause?

Back 21

requires that there be a reasonable connection between the negligence of the defendant and the harm suffered by the plaintiff

Front 22

What is the legal definition of damages?

Back 22

The amount of money awarded to an injured person as the result of the wrongful or improper conduct of the defendant

Front 23

What are Compensatory Damages?

Back 23

the purpose of compensatory damages is to make an injured party whole by providing a sum of money that will return the aggrieved party to a position as though nothing ever happened

Front 24

What are Punitive Damages?

Back 24

May be claimed if the conduct of the wrongdoer is outrageous. The law will punish the party by awarding an additional sum of money to prevent the conduct from ever occurring again

Front 25

What is contributory negligence? Which States follow this rule?

Back 25

the failure of the plaintiff to act as a reasonable person under the circumstances.

North Carolina, Virginia, Alabama, Maryland, and the District of Columbia follow this rule

Front 26

What is comparative negligence?

Back 26

As long as the plaintiff’s negligence is not greater than that of the defendant, the plaintiff may recover damages

Front 27

What is imputed negligence?

Back 27

because of a special relationship that exists between the parties, one person can be held liable for the negligence of another.

Front 28

What is an independent contractor?

Back 28

One who undertakes to preform the act requested on his own and is not subject to the control of an employer

Front 29

What are considered intentional torts?

Back 29

Theories of Liability include actions for a battery, assault, invasion of privacy, defamation, infliction of emotional distress, and false imprisonment

Front 30

What is emotional distress?

Back 30

A person who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is liable to that person for any bodily harm that may result from the emotional distress.

Front 31

What is Battery?

Back 31

The intentional touching of the body of another or an object closely associated with the body in an offensive or harmful manner

Front 32

What is an Assault?

Back 32

An act intended to put another in fear of an immediate battery

Front 33

What is considered to be invasion of privacy?

Back 33

An unwarranted intrusion of a person’s right to be left alone
Truth is not a defense to invasion of privacy

Front 34

What is Defamation?

Back 34

A statement is defamatory if it is false and tends to harm the reputation of another or to lower him in the estimation of the community.

Front 35

What are the two categories of defamation?

Back 35

Libel and Slander

Front 36

What is Libel?

Back 36

The publication of defamatory matter by written or printed words

Front 37

What is Slander?

Back 37

Defamatory communication that is verbal or oral in nature
In order for the defamatory comment to be actionable, it must be conveyed to a third person, known as publication

Front 38

What is False Imprisonment?

Back 38

The unlawful detention of a person against his or her will in a specific area

Front 39

What are the five elements of contract interference

Back 39

An enforceable contract
The defendant’s awareness of that contractual relationship
The defendant’s intentional inducement to breach the contract
A wrongful interference by the defendant to breach the agreement
Actual damages

Front 40

What is products liability?

Back 40

Defective products include those things that contain a manufacturing defect, lack of a proper warning, or a defect in the product’s design making it unsafe to a user or consumer

Front 41

What is the official definition of a crime

Back 41

an offense against society as determined by the legislature or considered a public wrong that carries the punishment of imprisonment or some other public sanction

Front 42

What is a white collar crime?

Back 42

illegal actions perpetrated in a business setting

Front 43

What is Burglary?

Back 43

Entering a building or occupied structure with the intent to commit a crime unless the premises is open to the public

Front 44

What is criminal trespassing?

Back 44

When a person enters the land of another without permission or no legal right to be there

Front 45

What is larceny?

Back 45

the taking and carrying away of property that belongs to another without the owner’s consent and with the intention of depriving the owner of the goods permanently

Front 46

What is embezzlement?

Back 46

The act by which someone takes ownership of property that has been entrusted to him with the fraudulent to deprive the owner of the property

Front 47

What is Robbery?

Back 47

Larceny by force or the threat of force

Front 48

What is the crime of receiving stolen property?

Back 48

When one intentionally obtains or disposes of property of another knowing that it has been stolen or believing that it has probably been stolen

Front 49

What is electronic fencing?

Back 49

When one uses the internet to sell property gained through unlawful means

Front 50

What is conspiracy?

Back 50

An all encompassing crime that allows the government to file charges against anyone who has participated in the planning or committing of a crime and to hold each liable for the actions of the other

Front 51

What is bribery?

Back 51

The act of offering something of value to another with the intent of influencing that person’s opinion or to have something done in return by that entity

Front 52

What is Money Laundering?

Back 52

Using a business to hide the transaction of illegal funds

Front 53

What is Insider Trading?

Back 53

Using information not available to the public to make financial decisions about stocks

Front 54

What are the two theories of insider trading?

Back 54

Classical Theory - Imposes liability on corporate insiders who trade on the basis of confidential information obtained by reason of their position within the business
Misappropriation Theory - Imposes liability on outsiders who trade based on the confidential information obtained by reason of their relationship with the person possessing the information

Front 55

What is chapter 7 bankruptcy?

Back 55

extinguishes or liquidates all debts

Front 56

What is chapter 11 bankruptcy?

Back 56

adjusts debts either by reducing them or extending the period of payback

Front 57

What is chapter 13 bankruptcy?

Back 57

Allows reorganization of plans to repay debt

Front 58

What is a Respondeat Superior?

Back 58

doctrine allowing criminal liability of a business

Front 59

What does the Fourth Amendment say?

Back 59

The Fourth Amendment prohibits unlawful search and seizure and that all warrants must be issued upon probable cause

Front 60

How are warrants issued?

Back 60

Police officers must present evidence before a judge to be granted probable cause for a warrant

Front 61

What are the exceptions to needing a warrant

Back 61

Plain View
Emergency
Search Incident to an Arrest
Hot Pursuit
Consent
Search Incident to a General Police Measure
Stop and Frisk

Front 62

What is the obligation of a crime victim and or a witness?

Back 62

When either the victim or witness files a criminal complaint with the police

Front 63

Explain the preliminary hearing?

Back 63

Held before the District Justice
To determine whether or not there is probable cause that the defendant committed the crimes charged against them
This hearing does not determine guilt

Front 64

Explain the Arraignment?

Back 64

Takes place in the Court of Common Pleas
The District Attorney draws up an information
a formal list of charges against the defendant
This is to insure the defendant knows the charges against them and to determine if the defendant has a lawyer
The defendant does not have to be present for the Arraignment

Front 65

The trial is __ days after the Arraignment

Back 65

30

Front 66

The trial consists of the following events:?

Back 66

Opening statement
Case in chief - The prosecutor’s attempt at establishing the defendant's guilt
Defense
Each side is permitted to make a closing speech
The judge charges the jury to make a decision
Verdict

Front 67

In federal court, the ___________________ is utilized to determine that probable cause exists

Back 67

Grand Jury Indictment

Front 68

The grand jury consists of __ people and a majority vote is required to indict.

Back 68

23

Front 69

What is an infamous crime?

Back 69

A crime that is punishable by imprisonment for more than 1 year

Front 70

What does the 8th amendment guarantee?

Back 70

The 8th amendment protects cruel and unusual punisment