Business Law Final Exam Psu Mattson

Front 1

relief granted by equity

Back 1

specific performance
injunction

Front 2

due process

Back 2

outlines and limits the process of depriving a person of life, liberty, or property
substantive and procedural

Front 3

post-trial motions

Back 3

1. judgement notwithstanding the verdict
2. additter
3. motion for a new trial
4. emitter

Front 4

federalism

Back 4

a system which grants specific powers over the states to the federal government. all other powers remain with the states.

Front 5

personal jurisdiction

Back 5

the defendant resides in, or have substantial connection to the court's physical area of power

Front 6

subject matter jurisdiction

Back 6

a court has the authority to hear the specific type of dispute

Front 7

first amendment

Back 7

freedom of speech

Front 8

equal protection clause

Back 8

the government must make similar judgments of similarly situated individuals

Front 9

supremacy clause

Back 9

the part of the federal constitution that makes it the superior to all other laws

Front 10

# of circuit courts of appeal in the US federal court system

Back 10

11

Front 11

New Hampshire is located in the _ cirsuit of appeals

Back 11

first

Front 12

"fourth branch of government"

Back 12

administrative agencies

Front 13

injunction

Back 13

a court order requiring that a person do, or refrain from doing, a particular act

Front 14

writ of certiorari

Back 14

an appeal to the US supreme court

Front 15

appellate courts

Back 15

review errors of law

Front 16

concurrent jurisdiction

Back 16

causes may be brought both in state and federal courts

Front 17

reformation

Back 17

adjusting a contract or deed

Front 18

forms of alternate dispute resolution

Back 18

1. arbitration
2. mediation
3. conciliation

Front 19

discovery techniques

Back 19

1. interrogatories
2. depositions
3. requests for admission *most important

Front 20

voir dire

Back 20

the process through which attorneys determine possible reasons a juror may be biased

Front 21

concurring opinion

Back 21

when an appellate judge agrees with the majority's ultimate result, but not its reasoning

Front 22

fourth amendment

Back 22

the right to be free from unreasonable search and seizure

Front 23

rational relationship test

Back 23

aspect of equal protection clause.

applies to economic regulation. classification must bear some rational relationship to a legitimate government interest

Front 24

strict scrutiny test

Back 24

aspect of equal protection clause.

applied when a government action affects fundamental rights or involves suspect classification. requires that classification be necessary to promote a compelling or overriding governmental interest.

Front 25

intermediate test

Back 25

aspect of equal protection clause

applies to government action based of gender and legitimacy. classification must have a substantial relationship to an important governmental interest.

Front 26

deposition

Back 26

the pretrial process hen one party questions another

Front 27

enabling statute

Back 27

legislative action that creates an administrative agency

Front 28

standards of review applicable to administrative agencies

Back 28

1. excess of authority
2. violation of required legal procedure
3. budgetary control

Front 29

actus rea

Back 29

all the physical, non-psychological aspects of a crime

Front 30

mens rea

Back 30

criminal intent

Front 31

functions of tort law

Back 31

compensation and deterrence

Front 32

examples of intentional torts

Back 32

1. battery
2. assault
3.defamation
4. appropriation
5. trespass

Front 33

non-delegable duty

Back 33

a duty with someone may delegate the completion of, but not the legal liability

Front 34

types of authority held by an agent

Back 34

1. actual authority
a) implied
b) express
2. apparent authority
3. ratified authority

Front 35

elements of negligence

Back 35

1. duty
2. breach
3. factual cause
4. scope of liability
5. harm

Front 36

consideration

Back 36

the aspect of a contract that establishes that each party acknowledges what the other is bringing to the exchange

Front 37

requirements of a contract

Back 37

1. Mutual assent
2. consideration
3. legality of object
4. capacity

Front 38

criminal law punishes wrongs against...

Back 38

the statute

Front 39

chapter 7 bankruptcy

Back 39

liquidation of assets

Front 40

chapter 11 bankruptcy

Back 40

reorganization of a business

Front 41

chapter 13 bankruptcy

Back 41

reorganization of individuals