Business Law Test 2

Front 1

Tort

Back 1

wrong against an individual

Front 2

Crime

Back 2

wrong against society

Front 3

2 categories of torts

Back 3

intentional
unintentional

Front 4

Negligence

Back 4

accidental harm caused by breach of duty

Front 5

What is purpose of tort law

Back 5

to right a wrong

Front 6

equitable principle and maxims

Back 6

no wrong no foul

Front 7

elements

Back 7

minimum necessary and sufficient requirements of a concept

Front 8

are all crimes torts

Back 8

no public order are not

Front 9

are all torts crimes

Back 9

no

Front 10

defense against a crime

Back 10

reason why defendant is not guilt

Front 11

burden of proof in a tort case

Back 11

preponderance of evidence

Front 12

burden of proof in a crime

Back 12

beyond a reasonable doubt

Front 13

Tort of battery: and its elements

Back 13

a.Intent
b.Unprivileged
c.Touching
d.Plaintiff suffered a loss or harm
e.Defendant act is proximate cause of plaintiff’s harm

Front 14

Tort of Misrepresentation: and its elements

Back 14

a.Intent
b.Misrepresentation
c.justifiable reliance
d.Plaintiff suffered a loss or harm
e.Defendant act is proximate cause of plaintiff’s harm

Front 15

Tort of Invasion of Right to Privacy:

Back 15

a.appropriation
b.Intrusion
c.Defamation
d.Plaintiff suffered a loss or harm
e.Defendant act is proximate cause of plaintiff’s harm

Front 16

justifiable reliance

Back 16

defense based on elements

Front 17

negligence

Back 17

accidental harm caused by breach of duty

Front 18

duty of care

Back 18

party's obligation to behave reasonable in society

Front 19

reasonable person's standard

Back 19

hypothetical standard against which person's behavior is measured

Front 20

4 qualities of a reasonable person

Back 20

Careful
Conscientious
Dispassionate
Honest

Front 21

Careful person

Back 21

aware of surrounding and acts appropriately given their environment

Front 22

Conscientious person

Back 22

pays attention to their own actions and acts appropirately given their activity

Front 23

Dispassionate person

Back 23

acts without undue emotion places head before heart

Front 24

hoenst person

Back 24

acts in accordance with law and free of deceit

Front 25

4 questions of negligence

Back 25

a.Did defendant owe plaintiff a duty of care?
b.Did defendant breach duty of care?
c.What the plaintiff harmed?
d. Was defendant breach the proximate cause of plaintiffs harm

Front 26

proximate cause

Back 26

direct unintervened cause of an outcome

Front 27

compensatory damages

Back 27

those losses resulting directly from a breach of dity

Front 28

damages

Back 28

losses suffered by plaintiff

Front 29

punitive damages

Back 29

punishments placed upon plaintiff to disinventivize wrongful behavior

Front 30

intellectual property

Back 30

property of the mind OR product of the creative process

Front 31

intellectual property in 3 different groups

Back 31

patent
copyright
trademark

Front 32

patent

Back 32

exclusive right granted by government over an organizations design or process

Front 33

Why do we have patents

Back 33

an incentive for creators to make useful things in society

Front 34

copyright

Back 34

exclusive right granted by govenment to the creator of writings art and other similar property

Front 35

trademark

Back 35

exclusive right granted by govenment to logos slogans and other similar property of commercial value

Front 36

domain name

Back 36

discreet location on the web the url

Front 37

meta tags

Back 37

info both visible and invisible embedded in url

Front 38

trial case

Back 38

1st name plaintiff
2nd name defendant

Front 39

appellate

Back 39

petitioner: appellant
2nd name: responder

Front 40

2 elements proven in every single crime

Back 40

mens rea: wrongful state of mind
actus rea: overt illegeal act

Front 41

Different types of crimes

Back 41

Violent
Property
Public Order
White Collar
Organized

Front 42

What crime has no statute of limitations

Back 42

Murder

Front 43

Examples of Mens Rea

Back 43

Statute of Limitations
immunity
infancy
intoxication
insanity
duress
entrapment

Front 44

examples of actus reas

Back 44

consent
justifiable use of force

Front 45

infancy

Back 45

a person who has not yet reached age of majority

Front 46

mistake

Back 46

accidently participating in a crime

Front 47

duress

Back 47

committing a crime to prevent another crime

Front 48

probabable cause

Back 48

government's reasonable belief based on evidence that wrongdoing has occured, will occur or is occuring

Front 49

exclusionary rule

Back 49

prevents illegally obtained evidence from being used in the court of law

Front 50

Can a business be held criminally liable

Back 50

yes

Front 51

can officers and director of a company be held liable

Back 51

yes

Front 52

can employees be held liable

Back 52

no, only for their criminal actions

Front 53

4 elements of a contract

Back 53

agreement
consideration
capacity
legality

Front 54

defenses against formation fo a contract

Back 54

reason why contract is not enforceable

Front 55

agreement

Back 55

offer and acceptance among parties

Front 56

consideration

Back 56

that values which obligate the performance of a duty

Front 57

capacity

Back 57

the ability or capability to agree

Front 58

legality

Back 58

lawfulness of the purpose and form of a contract

Front 59

contract

Back 59

enforceable agreement

Front 60

2 types of contracts

Back 60

unilateral
bilateral

Front 61

unilateral

Back 61

value for a performance

Front 62

bilateral

Back 62

value for a value

Front 63

offer

Back 63

promise
unconditional statement of action

Front 64

offeror and promisor

Back 64

party making a promise

Front 65

offeree and promisee

Back 65

party to whom a promise is made

Front 66

formal contract

Back 66

contract which requires a special form

Front 67

informal contract

Back 67

contract which doesn't require a special form

Front 68

implied

Back 68

terms are understood

Front 69

expressed

Back 69

terms are stated

Front 70

executed contract

Back 70

all duties have been performed

Front 71

executory contract

Back 71

all duties have not been performed

Front 72

3 common law requirement of an offer

Back 72

communicated ot the offeree
reasonable specificity
objective intent

Front 73

assent

Back 73

to answer yes

Front 74

best way to accept an offer

Back 74

mirror image rule: restate offer using same communication method

Front 75

rejection

Back 75

say no or refuse consideration of performance

Front 76

revocation

Back 76

when an offer ceases to be valid

Front 77

agreement

Back 77

offer and acceptance among parties

Front 78

counter offer

Back 78

a way of saying no or rejecting an offer

Front 79

consideration

Back 79

that sufficient value which obligates the performance of a duty

Front 80

things that lack consideration

Back 80

preexisting duty
past consideration
recission

Front 81

capacity

Back 81

parties ability to enter into an agreemtn

Front 82

3 exceptions to capacity

Back 82

intoxication
mental incompetance
infancy

Front 83

disaffirmance

Back 83

process by which a minor can avoid a contractual duty

Front 84

exceptions to disaffirmance

Back 84

fraud
not a license to steal
emancipation
contracts for necessaries

Front 85

legality requirement

Back 85

must not be contrary to statute
contrary to public policy

Front 86

collateral promise

Back 86

promise on the side

Front 87

non compete agreement

Back 87

party agrees certain interest within a specific region for a specific period of time

Front 88

not allowed to have a contract

Back 88

that inhibits competition

Front 89

exculpatory clause

Back 89

party's waiver of a 2nd party's duty of care

Front 90

unconscienability

Back 90

some contract so repulsive to public good no court will enforce them

Front 91

genuiness of assent

Back 91

yes really means yes

Front 92

defenses against formation of Genuiness of assent

Back 92

duress
undue influence
mistake

Front 93

duress

Back 93

uses force or threat of force to gain assent (FORCE)

Front 94

undue influence

Back 94

assent based on relationship between relatively powerful party and relatively weak party (RELATIONSHIP)

Front 95

MISTAKE

Back 95

unilateral or bilateral mistake

Front 96

unilateral mistakes

Back 96

contract is valid

Front 97

bilateral mistake

Back 97

contract is voidable by either party

Front 98

statute of frauds

Back 98

specifies what contract must be in writing to be enforceable

Front 99

5 contracts that must be in written form

Back 99

land
sale of goods valued over $500
take more than 1 year to fulfill
marriage
collateral promises

Front 100

privity of contract

Back 100

contracts are just between the parties

Front 101

3rd party incidental beneficiaries

Back 101

incidentally benefits, was not reason contract was formed

Front 102

3rd party intendend beneficiaries

Back 102

intended by design to benefit from contract

Front 103

3rd party

Back 103

a person involved in a contract but not a party to the agreement

Front 104

delegation

Back 104

transfer of a duty

Front 105

assignment

Back 105

transfer of a right

Front 106

assignor

Back 106

party who tranfers a right

Front 107

asignee

Back 107

party to whom a right is transferred

Front 108

delegator

Back 108

party who transfers a duty

Front 109

delagatee

Back 109

party to whom party is transferred

Front 110

discharge

Back 110

termination of a duty

Front 111

what is the most common way for a duty to be discharged

Back 111

Performance

Front 112

breach

Back 112

when first party breaches the second parties duty is discharged

Front 113

anticipatory repudiation

Back 113

proir to performance of a duty being due a party states or threatens a breach

Front 114

damages

Back 114

harm suffered by a plaintiff

Front 115

compensatory damages
actual

Back 115

those damages directly resulting from a breach of duty

Front 116

consequential damages
incidental

Back 116

new damages that arise after a breach
reasonable foreseeabillity

Front 117

recission

Back 117

an action to undo or cancel

Front 118

restitution

Back 118

parties restored to original condition

Front 119

specific performance

Back 119

equitable remedy when first party seeks a court order for a second party to perform their duty

Front 120

reformation

Back 120

parties recreate contract to fix mistake

Front 121

mitigation of damages

Back 121

paintiffs duty to minimize defendants damages

Front 122

tender

Back 122

a parties readiness willingness and ability to perform a duty as promised

Front 123

example of violent crime

Back 123

murder

Front 124

example of public order crime

Back 124

dui

Front 125

example of property crime

Back 125

arson

Front 126

example of organized crime

Back 126

terrorist act

Front 127

example of white collar crime

Back 127

fraud

Front 128

Elements of murder

Back 128

actus reas: unprivilidged taking of a life
mens rea: intent

Front 129

Elements of burglary

Back 129

actus reas:unlawful entry for purpose of wrongfully depriving of property
mens rea: intent

Front 130

Elements of Money laundering

Back 130

actus reas:reportin income obtained throught criminal activity
mens rea:intent

Front 131

3 different types of crimes

Back 131

felony
misdemeanor
petty