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136 Cards in this Set
- Front
- Back
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Natural Law
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Moral Laws
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Positive Law
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National Law
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Historical School
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Way of thought that laws of the past have formed our laws today
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Legal Realism
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Law is an institution in society that is shaped by social forces and needs
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Primary sources of Law
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-Us Constitution
-Laws passed by Congress or State Leg. -Regulations by Administrative Agency -Case Law(Court decision) |
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Substantial vs Procedural
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Substantial: Defines rights and liabilities
Procedural:Steps you use to enforce |
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Civil vs Criminal
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Civil: Person to person claim
Criminal: law dealing with criminal offenses |
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UCC
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Uniform commercial code: Flexible rules with state commerce
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Ordinances
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a regulation enacted by a city or country legislative body to govern matters not covered by state or federal law
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FTC
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federal trade commission: ensures that there is no illegal or bad trade
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Administrative agencies
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government agency that performs a specific function
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Case law
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law made by a judge
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stare decisis
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the decision that will stand
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binding law
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any source of law a court must follow when deciding a case
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Remeedy law
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you injure someone, you pay for the damage. The owner is held liable in negligence.
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Plantiff
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the person who claims a law suit
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defendant
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a person against whom a lawsuit is brought
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substantive law
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defines, regulates what the law means
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procedural law
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all laws that establish the methods for enforcing substantive law
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statutory law
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law created by federal state and governing bodies.
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administrative law
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the rules, order, regulation and decision by federal state and local government.
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small claims court
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inferior trial court involves cases with little money
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question of fact
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evidence of what happened
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question of law
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interpretation of the law
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writ of certiorari
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writ of a higher court asking a lower court for the record of a case
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litigation
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process of working a lawsuit thorough the court system
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summons
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forced to answer the question
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default judgment
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failure to answer the result in a defendant's loss
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summary jury trial
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parties present their argument and the jury renders a verdict
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Alternative dispute resolutions
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other means to settling a dispute
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Negotiation
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parties meet formally with or with an attorney.
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mediation
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a neutral 3rd party meets and helps them.
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arbitration
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parties present their arguments to an arbitrator at a hearing who renders a decision.
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Specialized courts
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-Bankruptcy
-Tax court -state court |
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diversity of citizenship
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both parties must be greater than 75,000 and you sue in federal district court
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Remedies at law
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money
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remedies at equity
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when you want something to stop
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Scotus
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has sole jurisdiction in case with ambassadors, state v state, neither are common.
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U.S court system
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Enabling legislation
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specifies the name, purpose, functions, and powers of the agency created
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Executive agency
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agency formed by the president
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independent regulatory agencies
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agencies outside major executive departments
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legislative rules
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legally binding laws congress passes
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delegation doctrine
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granting congress the power to make administrative agencies the can create rules for implementing the laws created by congress
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Bureaucracy
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structure of all of the government bureaus and agencies
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Administrative procedure act
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agencies have alot of power but there are suppose to have experts in the field. Appeals to rulings go back to agencies
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jurisdiction
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the power to speak the law
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juristic person
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artificial legal entity created government grants
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"long arm" statute
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allows states to gain jurisdiction over another person in another state
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federal form of government
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nation and state government share sovereign power
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commerce clause
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gives congress the power to regulate interstate commerce
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police powers
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powers possessed by states to promote and protect public order
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supremacy clause
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all federal law is supreme
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14th amendment
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no state shall deprive any person of life liberty and property
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establishment clause
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1st amendment prohibit government from creating state wide religion
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equal protection clause
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everyone is treated equally
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minimal scrutiny
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economic/social matters
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intermediate scrutiny
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gender/ legitimacy discrimination
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strict scrutiny
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dealing with state compelled issues
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ethics
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the study of what is right and wrong behavior.
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business ethics
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focuses on what is right and wrong behavior in the business world
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profit maximization
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the most efficient allocation of scarce resources
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Ethical reasoning
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the individual examines the situation at hand in the light of his or her moral conviction
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categorical imperative
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Kant developed an ethical guideline for behavior
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principle of rights
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a key factor in determining whether a business decision is ethical is by determining how the decision affects the rights of others
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Unitarianism
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ethical decisions are not the basis of right and wrong
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corporate social responsibility
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the idea that corporations can and should act ethically and be accountable to society for their actions
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stakeholder approach
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corporation considers the impacts of its decision on the firms employees....
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Sarbanes-Oxley Act
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requires companies set up confidential systems so that employees and others can "raise red flags" about suspected illegal or unethical auditing and accounting practices
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moral minimum
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the minimum acceptable standard for ethical business behavior
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Foreign Corrupt Practices Act
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prohibits US businesspeople from bribing foreign officials. grease payments are ok
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natural law
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human nature and intelligence determine moral/ethical behavior
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vicarious liability
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someone who is responsible for the actions of someone else because they are under their control
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Fiduciary
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person you trust and are confident in
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Deontology
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duty based on the 10 commandments. Does not consider the consequence of their action
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Teleology
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outcome based on consequences of the act
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egoism
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self-centered theory of ethical analysis
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utilitarianism
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greatest good for the greatest number of people
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crime
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a wrong against society punishable by the government and not the victim
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blue collar
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involves violence
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white collar
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non violent
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robbery
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taking cash, personal property and any other article of value from a person by means of force and fear
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burglary
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breaking and entering with intent to commit a felony (with force)
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larceny
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the unlawful taking and carrying away with someone else's possessions
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public order crime
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crimes against public moral values (public drunkenness)
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common meaning
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an illegal act or series of act committed by an individual or business using nonviolent means
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embezzlement
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fraudulent appropriations of funds
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bribery
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ordering to give something to a person in an attempt to influence
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insider trading
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an person who obtains inside information about a company and uses it for their benefit
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RICO
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Racketeer Influenced and Corrupt Organization Control Act which applies to people who:
-income from racketeering -acquire interest from racketeering -conduct or participation in racketeering -conspire to commit racketeering |
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Felony
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most serious crime punishable by death or prison
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misdemeanor
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punishable by fine
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petty offenses
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small offenses
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financial crime
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employee of company accounting department can transfer funds among account with little effort.
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Tort
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wrongful action causing harm
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Three categories of tort
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-intent to harm
-negligence -strict liability |
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business torts
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wrongful interference with another business right
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damages
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the monetary amount awarded from the court
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compensatory damages
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a monetary award equivalent to the actual value of injury or damage
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punitive damages
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monetary damages that may be awarded to the plaintiff to punish the defendant
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Intentional tort
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requires intents
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tortfeasor
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a person who commits tort
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assault
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a action or word that makes another person fearful of physical harm
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Battery
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unprivileged intentional touching of another
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Compensation
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the plaintiff shows that there was contact
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Libel
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defamation in writing
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slander
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defamation in oral form
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privilege
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a legal right granted to a person or class of people
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actual malice
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the deliberate intent to cause harm
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appropriation
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the use of another persons name without permission
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puffery
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exaggerated claim concerning the quality of property offered for sale
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predatory behavior
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business behavior that is undertaken with the intention of unlawfully driving competitors out of the market
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intentional torts
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aka:trespassing
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conversion
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wrongfully thinking or retaining possession of an individual property and placing it in the service of others
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disparagement of property
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economically injurious falsehood are made about another product
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negligence
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the failure to exercise the standard of care
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duty of care
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the duty of all persons to exercise reasonable amount of care in dealing with others
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reasonable person standard
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the standard of behavior expected of a "reasonable person"
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malpractice
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if a professional violates his duty of care
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causation
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if a person fails in duty of care and someone suffers and injury
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defense to negligence
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the doctrine where the plaintiff may not recover from injuries
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res ipsa loguitur
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facts speak for themselves
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negligence per se
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failure to violate statutory requirements
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dram shop acts
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a bar owner is responsible for injuries that a intoxicated person gives or receives at their bar
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strict liability
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liability without fault
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product liability
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the liability incurred by a manufacturers when a defect causes damages to consumers
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negligence
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the failure to exercise a degree of care
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misrepresentation
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a fraudulent misrepresentation has been made to users or consumers and the misrepresentation results in injury.
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requirements for strict product liability
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1)product must be in defect condition
2)The defendant must normally be engaged in the business of the selling of that product 3) the product must be unreasonably dangerous 4)The plaintiff must incur injuries 5)Defective condition must cause injury or damage 6)goods must not have been changed |
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unreasonably dangerious product
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the product is dangerous beyond the expectation of an ordinary consumer
the less dangerous alternative was economically feasible for the manufacture |
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Three types of product defects
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manufacturing, design, inadequate
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market-share liability
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liability shared among all firms that manufacture and distribute a particular product
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assumption of risk
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the user assumes the risk when product is bought
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product misuse
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when a product is used for a purpose for which its not intended
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statutes of limitation
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restricts the time within which an action may be brought
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statute of response
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claims must be brought back in a certain time limit to be considered a defective product
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