Business Law Concepts Test 1

Front 1

Common Law

Back 1

Judge Made law and DECISIONS
English System
Kings had power

Front 2

Civil Law

Back 2

French System
Will of people

Front 3

What is BURDEN OF PROOF in a criminal case?

Back 3

"Beyond a reasonable doubt"
95/100

Front 4

What is BURDEN OF PROOF in a civil case?

Back 4

"Preponderance of the evidence"
Facts

Front 5

Double Jeopardy

Back 5

Cant be charged for the same thing twice IN SAME STATE
Cant call it something else

Front 6

Sovereign

Back 6

Each state has its own

Front 7

Not guilty in criminal court CAN be sued in civil court

Back 7

TRUE

Front 8

Constitutional Law

Back 8

State or Federal

Front 9

What does the Bill of Rights do to the government?

Back 9

Sets limits
Cant take freedoms away
(Amendments)

Front 10

Doctrine of "state action"

Back 10

Govt. cant take freedoms away

Front 11

Commerce clause

Back 11

Says what each part of the government can do
ALL ACTIVITY

Front 12

Due Process

Back 12

5th and 14th amendment
Cant take away anything without a court date

Front 13

T/F: Does the constitution always win?

Back 13

TRUE

Front 14

Case law =

Back 14

Common law

Front 15

Marbury -vs- Madison

Back 15

Set up Judicial Review.
Said Jud. branch and determine whether something is constitutional or not

Front 16

Tort cases deal with:

Back 16

Injuries in common law system

Front 17

When do you pay lawyers on a contingency fee?

Back 17

Plaintiff in a civil case
Seeking Monetary Recovery
(usually 1/3 of winnings)

Front 18

How are decisions made between the judge and jury in civil law?

Back 18

Judge: TELLS the law
Jury: bases on FACT

Front 19

Personal Jurisdiction and Minimum contacts

Back 19

Defendant can be sued where they live if they achieve minimum contacts

Front 20

Federal court jurisdiction

Back 20

(subject matter)
1. If USA is a party, must be
2. Federal questions
3. Diversity ($75,000)

Front 21

Bo Dire

Back 21

ask potential jury members questions to see if they are biased -preemptory challenges
EXCEPTIONS: race and sex

Front 22

Summary Judgment

Back 22

Before case starts
see if one side should win because of LAW

Front 23

Direct Verdict

Back 23

During
if party hasnt proven everything

Front 24

Judgement N.O.V.

Back 24

After.
Civil.
If jury comes up with a reward that cant be justified with facts or law
asked for when case is lost

Front 25

Arbitration

Back 25

Binding.
3rd party decides who is right and wrong

Front 26

Mediation

Back 26

Not binding
3rd party helps resolve case

Front 27

Shopkeepers privledge

Back 27

Reasonable belief
Reasonable time
Reasonable manner

Front 28

3 things to prove in a defamation case

Back 28

1. False statement
2. 3rd party
3. Damage reputation

Front 29

What extra thing to public figures have to prove in a defamation case?

Back 29

Malice. (knowingly false)

Front 30

Requirements of intention infliction of emotional distress

Back 30

1. Cause physical harm
2. Completely intolerable in society

Front 31

Defamation requirements

Back 31

1. False statement
2. Communication to a 3rd party
3. Damage Reputation

Front 32

Forms of invasion of privacy

Back 32

1. Intrusion in area of seclusion
2. Disclosure of private facts
3. False light
4. Misappropriation

Front 33

Misappropriation

Back 33

Using someone else's face or name for commercial gain without permission

Front 34

To interfere with a contract:

Back 34

Cause breach
It has to be an existing contract
3rd party must be unaware
and benefits them

Front 35

Conversion

Back 35

(talking) stealing, theft
-can sue for compensation

Front 36

What is common law based off of?

Back 36

Precedent of Enligh judges

Front 37

What is the system of law that we use?

Back 37

British law

Front 38

Precedent

Back 38

Every judge has to follow the same way a previous judge went about charging a case

Front 39

3 Types of Commow laws

Back 39

1. Constitution
2. Judicial (interprets)
3. Legislative (amends)

Front 40

Marbury vs Madison is the.....

Back 40

Ultimate Authority to determine what law is

Front 41

Can different Governments charge you with double jeopardy?

Back 41

YES

Front 42

Doctrine of State Action

Back 42

Govt. cant interfere with with freedoms, but a COMPANY CAN
- because doesnt fall under state action

Front 43

Due process

Back 43

Promises you a day in court

Front 44

Stare Decicis =

Back 44

Precedent

Front 45

Criminal Cases guilty?

Back 45

Charged beyond a reasonable doubt

Front 46

Civil cases guilty?

Back 46

"Preponderance of the evidence"

Front 47

Preemptory challenges

Back 47

-eliminating potential jurors because they might be biased
cant purge jury on basic of sex or race

Front 48

Judge =
Jury =

Back 48

Law
Fact

Front 49

State court levels

Back 49

Trial court (lowest)
Appellate
Supreme

Front 50

Federal court levels

Back 50

District court (civil rights case)
US Appellate
US Supreme

Front 51

Forum selection clause

Back 51

INTERNET JURISDICTION
sign terms of agreement, there is a country in that, that decides jurisdiction

Front 52

Personal Jurisdiction

Back 52

Where you can sue a person
-you can always sue in home state

Front 53

Is working in another state enough minimum contacts?

Back 53

Yes

Front 54

Trial Process Order

Back 54

Complaint
Service of Process (making sure they are aware)
Discovery

Front 55

Deposition

Back 55

Interrogation of someone you expect to testify at court.
-doesn't count for a testimony

Front 56

Restatement of Torts

Back 56

summary of common law of torts

Front 57

Conversion =

Back 57

Theft

Front 58

Tort of Outrage

Back 58

extreme and intollerable in society
causing someone extreme emotional distress

Front 59

Negligence

Back 59

Unintentional tort

Front 60

Elements of a Negligence Case

Back 60

Duty (defendant owed a duty to the plaintiff)
Breach of Duty (breached that duty)
Causation (breach caused plaintiff's injury)
Damages (legally recognizable injury)

Front 61

Comparative Fault

Back 61

2 people are at fault, can only recover percent you werent at fault for (20% guilty, can only claim 80%)
-works for up to 50%

Front 62

Assumption of the Risk

Back 62

Fully aware of the risk
-cant hold them responsible

Front 63

Shannon vs Ashworth

Back 63

knowingly sells alcohol to minor
original: vender isnt responsible
this changed law: vender is responsible
-supreme CAN change law

Front 64

Compensative Damages

Back 64

amount of money it takes to get a person back to where they were before (unintentional and intentional)

Front 65

Punitive Damages

Back 65

Used to punish (intentional)

Front 66

4 parts to Contract law

Back 66

1. Agreement
2. Consideration (exchange)
3. Capacity (must understand) -minor can't
4. Consent
-doesnt have to be fair

Front 67

T/F: Gambling and raffling isnt lawful

Back 67

True
-cant sue against this

Front 68

Good

Back 68

Physical object
-land isnt a good

Front 69

Uniform Commercial Code

Back 69

same laws apply to all goods

Front 70

Bilateral

Back 70

Promise for a Promise
sales

Front 71

Unilateral

Back 71

Promise for a service
service

Front 72

Executed

Back 72

Fully preformed

Front 73

Executory

Back 73

not yet finished

Front 74

Until when can an offer be revoked?

Back 74

When is it accepted
UNLESS: you are paid to not revoke the offer

Front 75

Mailbox rule

Back 75

When you put it in the mail, contract is created

Front 76

Pre-existing Duty Rule

Back 76

Contracted to do something, you cant demand for more money
-CONSIDER original contract

Front 77

When is it illegal to interfere with someones contract?

Back 77

When you benefit from it

Front 78

Lucy vs Zimmer

Back 78

if a reasonable person determines that the men intended to make an offer, then they made an offer. There must be an outward manifestation of intent to make a conrtact
-Look for word: INTENT
-Napkin example

Front 79

Statutes of Frauds

Back 79

Contract that must be in writing

Front 80

4 examples of Statutes of Frauds

Back 80

1. Sale of land
2. Impossible to complete in 1 year
3. $500 in sale of GOODS
4. Paying someone else's debts

Front 81

Libel

Back 81

Defamation in permanent form
-writing

Front 82

Slander

Back 82

Defamation in oral form
-speaking