Business Law I Midterm - Davis Chapters 1 - 13

Front 1

Definition of Law

Back 1

A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong

Front 2

Functions of Law

Back 2

To maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change

Front 3

Legal Sanctions

Back 3

Are means by which the law enforces the decisions of the courts

Front 4

Laws ad Morals

Back 4

Are different but overlapping; law provies sanctions, while morals do not

Front 5

Law and Justice

Back 5

Are separate and distinct concepts; justice is fair, equitable, and impartial treatment of competing interests with due regard for the common good

Front 6

Substantive Law

Back 6

Law creating rights and duties

Front 7

Procedural Law

Back 7

Rules enforcing substantive law

Front 8

Public Law

Back 8

Law dealing with the relationship between government and individuals

Front 9

Private Law

Back 9

Law governing the relationship among individuals and legal entities

Front 10

Civil Law

Back 10

Law dealing with rights and duties the violation of which constitutes a wrong against the individual or other legal entity

Front 11

Criminal Law

Back 11

Law establishing duties which, if violated, constitute a wrong against the entire community

Front 12

Sources of Law

Back 12

1) Constitutional Law, 2) Judicial Law, 3) Legislative Law, 4) Administrative Law

Front 13

Constitutional Law

Back 13

Fundamental law of a government establishing its powers and limitations

Front 14

Judicial Law

Back 14

1) Common Law - body of law developed by the courts and serves as precedent for determination of later controversies; 2) Equity - body of law based upon principles distinct from common law and providing remedies not available at law

Front 15

Legislative Law

Back 15

1) Treaties - agreements between or among independent nations; 2) Executive Orders - laws issued by the President or by the governor of a state

Front 16

Administrative Law

Back 16

Body of law created by administrative agencies to carry out their regulatory powers and duties

Front 17

District Courts

Back 17

Trial courts of general jurisdiction that can hear and decide most legal controversies

Front 18

Courts of Appeals

Back 18

Hear appeals from the district courts and review orders of certain administrative agencies

Front 19

The Supreme Court

Back 19

The nation's highest court, whose principal function is to review decisions of the Federal Courts of Appeals and the highest State courts

Front 20

Special Courts

Back 20

Have jurisdiction over cases in a particular area of Federal law and include the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Bankruptcy Courts, and the U.S. Court of Appeals for the Federal Circuit

Front 21

Inferior Trial Courts

Back 21

Hear minor criminal cases, such as traffic offenses, and civil cases involving small amounts of money; conduct preliminary hearings in more serious criminal cases

Front 22

Trial Courts

Back 22

Have general jurisdiction over civil and criminal cases

Front 23

Special Courts

Back 23

Trial courts, such as probate courts and family courts, having jurisdiction over a particular area of State law

Front 24

Appellate Courts

Back 24

Include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. Supreme Court

Front 25

Subject Matter Jurisdiction

Back 25

Authority of a court to decide a particular kind of case

Front 26

Exclusive Federal Jurisdiction

Back 26

Federal courts have sole jurisdiction over Federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases

Front 27

Concurrent Federal Jurisdiction

Back 27

Authority of more than one court to hear the same case; State and Federal courts have concurrent jurisdiction over (1) Federal question cases (cases arising under the Constitution, statutes, or treaties of the U.S.) that do not involve exclusive Federal juridiction, and (2) diversity of citizenship cases involving more than $75,000

Front 28

State Jurisdiction

Back 28

State courts have exclusive jurisdiction over all matters to which the Federal judicial power does not reach

Front 29

Jurisdiction over the Parties

Back 29

The power of a court to bind the parties to a suit

Front 30

4 Types of Jurisdiction

Back 30

In Personam, In Rem, Attachment, Venue

Front 31

In Personam Jurisdiction

Back 31

Jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property

Front 32

In Rem Jurisdiction

Back 32

Juridiction based on claims against property

Front 33

Attachment Jurisdiction

Back 33

Jurisdiction over a defendant's property to obtain payment of a claim not related to the property

Front 34

Venue

Back 34

Geographical area in which a lawsuit should be brought

Front 35

The Pleadings

Back 35

A series of statements that give notice and establish the issue of fact and law presented and disputed

Front 36

Complaint

Back 36

Initial pleading by the plaintiff stating his/her case

Front 37

Summons

Back 37

Notice given to inform a person of a lawsuit against him/her

Front 38

Answer

Back 38

Defendant's pleading in response to the plaintiff's complaint

Front 39

Reply

Back 39

Plaintiff's pleading in response to the defendant's answer

Front 40

Pretrial Procedure

Back 40

Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient

Front 41

Judgement of Pleadings

Back 41

A final ruling in favor of one party by the judge based on the pleadings

Front 42

Discovery

Back 42

Right of each party to obtain evidencefrom the other party

Front 43

Pretrial Conference

Back 43

A conference between the judge and attorneys to simplifiy the issues in dispute and to attempt to settle the dispute without trial

Front 44

Summary Judgement

Back 44

Final ruling by the judge in favor of one party based on the evidence disclosed by discovery

Front 45

Trial

Back 45

Determines the facts and the outcome of the case

Front 46

Jury Selection

Back 46

Each party has an unlimited number of challenges for cause and a limited number of peremptory challenges

Front 47

Conduct of Trial

Back 47

Consists of opening statements by attorneys, direct and cross-examination of witnesses, and closing arguments

Front 48

Directed Verdict

Back 48

Final ruling by the judge in favor of one party based on the evidence introduced at trial

Front 49

Jury Instructions

Back 49

Judge gives the jury the particular rules of law that apply to the case proves

Front 50

Verdict

Back 50

The jury's decision based on those facts the jury determinesthe evidence proves

Front 51

Motions Challenging the Verdict

Back 51

Include motions for a new trial and a motion for judgement notwithstanding the verdict

Front 52

Appeal

Back 52

Determines whether the trial court committed prejudicial error

Front 53

Enforcement

Back 53

Plaintiff with an unpaid judgement may resort to writ of execution to have the sheriff seize property of the defendants and to garnishment to collect money owed to the defendant by a third party

Front 54

Arbitration

Back 54

A nonjudicial proceeding in which a neutral party selected by the disputants reders a binding decision (award)

Front 55

Conciliation

Back 55

A nonbinding process in which a third party acts as an intermediary between the disputing parties

Front 56

Mediation

Back 56

A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider

Front 57

Mini-Trial

Back 57

A nonbinding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a settlement in consultation with the third party

Front 58

Summary Jury Trial

Back 58

Mock trial followed by negotiations

Front 59

Negotiation

Back 59

Consenual bargaining process in which the parties attempt to reach agreement resolving their dispute without the involvement of third parties

Front 60

Federalism

Back 60

The division of governing power between the Federal government and states

Front 61

Federal Supremacy

Back 61

Federal law takes precedence over conflicting State law

Front 62

Federal Preemption

Back 62

Right of the Federal government to regulate matters within its power to the exclusion of regulation by the states

Front 63

Judicial Review

Back 63

Examination of governmental actions to determine whether they conform to the U.S. Constitution

Front 64

Separation of Powers

Back 64

Allocation of powers among executive, legislative, and judicial branches of government

Front 65

State Action

Back 65

Actions of governments to which constitutional provisions apply

Front 66

Federal Commerce Power

Back 66

Exclusive power of the Federal government to regulate commerce with other nations and among the States

Front 67

State Regulation of Commerce

Back 67

The Commerce Clause of the Constitution restricts the States' power to regulate activitiesif the result obstructs interstate commerce

Front 68

Legislative Control

Back 68

Includes control over the agency's budget and enabling statute

Front 69

Control by the Executive Branch

Back 69

Includes the President's power to appoint members of the agency

Front 70

Disclosure of Information

Back 70

Congressionally required public disclosure enhances oversight of agency activities

Front 71

Crime

Back 71

Any act or omission forbidden by public law

Front 72

Essential Elements of a Crime

Back 72

1) Actus Reus - wrongful or overt act; 2) Mens Rea - criminal intent or mental fault

Front 73

Felony

Back 73

A serious crime

Front 74

Misdomeaner

Back 74

A less serious crime

Front 75

White-Collar Crime

Back 75

Nonviolent crime involving deceit, corruption, or breach of trust

Front 76

Battery

Back 76

Intentional infliction of harmful or offensive bodily contact

Front 77

Assault

Back 77

Intentional infliction of apprehension of immediate bodily harm or offensive contact

Front 78

Types of Defamation

Back 78

1) Libel - written or electronic defamation; 2) Slander - spoken defamation

Front 79

Defenses of Defamation

Back 79

Truth, absolute privilege, conditional privilege, and constitutional privilege are defenses to a defamation action

Front 80

4 Invasions of Privacy

Back 80

1) Appropriation; 2) Intrusion; 3) Public disclosure of private facts; 4) False light

Front 81

Appropriation

Back 81

Unauthorized use of a person's identity

Front 82

Intrusion

Back 82

Unreasonable and highly offensive interference with the seclusion of another

Front 83

Public Disclosure of Private Facts

Back 83

Highly offensive publicity of private information

Front 84

False Light

Back 84

Highly offensive and false publicity about another

Front 85

Misuse of Legal Procedure

Back 85

Torts that protect an individual from unjustifiable litigation

Front 86

Real Property

Back 86

Land and anything attached to it

Front 87

Tresspass (Real Property)

Back 87

Wronfully entering on land of another

Front 88

Nuissance

Back 88

A non-trespassory interference with another's use and enjoyment of land

Front 89

Personal Property

Back 89

Any property other than land

Front 90

Tresspass (Personal Property)

Back 90

An intentional taking or use of another's personal property

Front 91

Conversion

Back 91

Intentional exercise of control over another's personal property

Front 92

Interference with Contractual Relations

Back 92

Intentionally causing one of the parties to a contract not to perform

Front 93

Disparagement

Back 93

Publication of false statements about another's property or products

Front 94

Superior Skill or Knowledge (Reasonable Person)

Back 94

If a person has skills or knowledge beyond those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the person has acted with reasonable care

Front 95

Emergencies (Reasonable Person)

Back 95

The reasonable person standard applies, but an unexpected emergency is considered part of the circumstances

Front 96

Violation of Statute (Reasonable Person)

Back 96

If the statute applies, the violation is negligence per se in most States

Front 97

Duty to Act

Back 97

A person is under a duty to all others at all times to exercise reasonable care for the safety of others' person and property; however, except in special circumstances, no one is required to aid another in peril

Front 98

Duty to Trespassers

Back 98

Not to injure intentionally

Front 99

Duty to Licensees

Back 99

To warn of known dangerous conditions licensees are unlikely to discover for themselves

Front 100

Duty to Invitees

Back 100

To exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover

Front 101

Factual Cause

Back 101

The defendant's conduct is a factual cause of the harm when the harm would not have occurred absent of the conduct

Front 102

Abnormally Dangerous Activity

Back 102

Strict liability is imposed for any activity that (1) creates a foreseeable and highly significant risk of harm and (2) is not one of common usage

Front 103

Keeping of Animals

Back 103

Strict liability is imposed for wild animals and usually for trespassing domestic animals