Law Test Final

Front 1

Criminal Law

Back 1

Crime, crime against society, against the state

Front 2

Civil Law

Back 2

causing to person or person's property, against a victim

Front 3

Burden of Proof: Civil and Criminal

Back 3

Civil: Preponderance of the evidence
Criminal: Beyond a reasonable doubt

Front 4

Verdict by Jurors: Civil and Criminal

Back 4

Civil: Majority or Ultra Majority
Criminal: Unanimous

Front 5

Remedies: Civil and Criminal

Back 5

Civil: Damages or Injuncitve relief
Criminal: Punishment

Front 6

Actus Reus

Back 6

Commission or omission of a wrongful act

Front 7

Mens Rea

Back 7

THE wrongful mental state or criminal intent

Front 8

Defenses to criminal charges

Back 8

infancy, intoxication, insanity, mistake, consent, self defense, duress, entrapment, statute of limitations, immunity.

Front 9

Classifications of Crimes: Misdemeanors

Back 9

First, second third fourth fifth:
Classifications: Simple Serious Aggravated

Front 10

Felonies

Back 10

first second third fourth:
A,B,C,D

Front 11

1st degree theft

Back 11

if over 10000 in value class c felony

Front 12

2nd degree theft

Back 12

between 1000 and 10000 class d felony

Front 13

3rd degree theft

Back 13

between 500 and 1000 aggravated misdemeanor

Front 14

4th degree theft

Back 14

between 200 and 500 serious misemeanor

Front 15

5th degree theft

Back 15

under 200 simple misdemeanor

Front 16

burglary

Back 16

entering structure with no right with intent to commit a felony, assault or theft

Front 17

robbery

Back 17

with the intent to commit theft the defendant assaults, threatens bodily injury, or
threatens a forcible felony

Front 18

sole proprietorship

Back 18

2/3 of all american business, small, owner is business

Front 19

general partnerships

Back 19

share ownership, share profits, share decision making

Front 20

limited partnerships

Back 20

creatures of statute, investment vehicles, one or more general partners; remainder are limited partners,

Front 21

corporations

Back 21

creature of statute, separate entity, owned by shareholders, board of directors manages, liability limited

Front 22

Limited Liability corporations

Back 22

mix or partnership and corporation, limited liability but no double taxation

Front 23

limited liability partnerships

Back 23

any type of partnership, accounting firms, law firms, physicians,

Front 24

franchise

Back 24

Any arrangement in which the owner of a
trademark, trade name, or copyright
licenses another to use that trademark,
trade name, or copyright, under specified
conditions or limitations, in the selling of
the goods and services.
federal and state laws apply

Front 25

corporate personnel

Back 25

board of directors: management of corporation
Corporate officers: employees
shareholders

Front 26

calssifications of corporations

Back 26

domestic, foreign and alien

Front 27

business judgement rule

Back 27

a rule that
immunizes corporate management from
liability for actions that result in corporate
losses or damages if the actions are
undertaken in good faith and are within
both the power of the corporation and the
authority of management to make

Front 28

elements of a contract

Back 28

1. agreement
2. consideration
3. capacity to contract
4. legal purpose

Front 29

bilateral contract

Back 29

"promise for a promise"
contract comes to existence the moment promises are exchanged

Front 30

unilateral contract

Back 30

contingent upon performance

Front 31

express contract

Back 31

terms of agreement are fully stated

Front 32

implied contract

Back 32

contract that is implied by the conduct of the parties

Front 33

valid contracts

Back 33

may be void or unenforceable

Front 34

elements of an offer

Back 34

1. a serious objective intent to become bound by the offer
2. reasonably certain or definite terms so that the parties can
ascertain the terms of the contract
3. Communication of the offer to the offeree, resulting in the
offeree’s knowledge about the offer

Front 35

Fair Labor Standard Act

Back 35

adopted the wage and hour laws passed in Walsh-Healy act and expanded their application: minimum wage and then overtime is 1.5 pay

Front 36

Occupational Safety and Health Act

Back 36

requires employers to meet specific safety standards for the work place

Front 37

Social Security Act

Back 37

• SSA provides for old-age (retirement),
survivors, and disability insurance.
• Funded pursuant to FICA (Federal
Insurance Contributions Act.)
• Employers and Employees contribute
under FICA to fund these benefits.
– Social security benefits
– Medicare

Front 38

COBRA- Consolidated Omnibus
Budget Reconciliation Act of 198

Back 38

• When worker is voluntarily or involuntarily
terminated this Act prohibits the
elimination of worker’s medical, optical, or
dental insurance.
• If within 60 days after termination, worker
elects to maintain coverage, employer
must keep active for 18 months.
• Worker must pay full premiums and
administrative charge

Front 39

Family Medical Leave Act (FMLA

Back 39

• 12 weeks unpaid leave during 12 month
period allowed for medical reasons for
– Self –”serious health condition”
– Family Member, spouse, child or parent with
“serious health condition”
– Birth or adoption of child or care for foster
child

Front 40

defamation

Back 40

statements that are published or publicly spoken that causes injury to anothers good name or reputation