Business Law Exam 1

Front 1

Sources of Law

Back 1

Constitution, Statutes, Regulations, Case Law

Front 2

3 Purposes of Law

Back 2

Protect interests of all parties, facilitate business, constrain business

Front 3

Administrative Agency Powers

Back 3

Legislative to write regulations, executive to enforce them, judicial to adjudicate compliance

Front 4

Stare Decisis

Back 4

Courts must act consistently with their own prior decisions and the decisions of superior courts

Front 5

Natural Law

Back 5

There is a higher law, and laws humans make should be in accordance with it

Front 6

Positivism

Back 6

Law is a command issued by the sovereign, laws are always just, there is no greater natural law

Front 7

Legal Realism

Back 7

Judges realize that the law is flexible and that they must sometimes make judgment calls

Front 8

ADR - Negotiation

Back 8

Two sides come to the table and try to work out a solution

Front 9

ADR - Mediation

Back 9

Two sides come to table with mediator who tries to get them to come to an agreement

Front 10

ADR - Arbitration

Back 10

Expert arbitrator has contractual power to enforce agreement, sometimes necessary if contract requires arbitration

Front 11

Typical Civil Lawsuit Procedure

Back 11

Injury occurs, plaintiff's lawyer files complaint, defendant's lawyer files answer/motion to dismiss/counterclaim, plaintiff's lawyer answers counterclaim, other pretrial motions made/decided, evidence is gathered, trial occurs, post-trial motions made, appeal may occur

Front 12

Personal Jurisdiction

Back 12

Long arm statute, may be where event occurs, where parties live/headquartered

Front 13

Subject Matter Jurisdiction

Back 13

Automatically works in state courts with personal jurisdiction unless there is diversity (two citizens from different states) or explicitly involves federal question

Front 14

Federal Questions

Back 14

Federal crimes, antitrust, bankruptcy, patents, copyright, admiralty, suits against US

Front 15

Dispositive Motions

Back 15

Motion to dismiss, motion for judgment on the pleadings (outcome of case depends on interpretation of law not evidence), motion for summary judgment (other party has no case), motion for directed verdict (no reasonable jury would side with other party), motion for judgment notwithstanding the verdict (no reasonable jury would find what jury just did)

Front 16

Commerce Clause

Back 16

Federal government has universal power to regulate interstate commerce, states cannot unnecessarily impinge on it

Front 17

Constitutional Rights

Back 17

Only the government can violate them, there can be no Constitutional claims against private entities

Front 18

Procedural Due Process

Back 18

Individual has a right to notice and the opportunity to be heard

Front 19

Substantive Due Process

Back 19

Government may not take action that exceeds power, government must provide appropriate reason for depriving an individual of life, liberty, property

Front 20

Rational Basis Standard

Back 20

Is the law rationally related to state interest

Front 21

Intermediate Standard

Back 21

Is the law substantially related to state interest (gender-based laws)

Front 22

Strict Scrutiny Standard

Back 22

Law limits fundamental right or affects suspect class (race, ethnicity, national origin), will be upheld only if law furthers compelling state interest and uses least restrictive means

Front 23

Types of Unprotected Speech

Back 23

Obscenity, defamation, fighting words (content-neutral restrictions are generally constitutional)

Front 24

Eminent Domain

Back 24

Government can take property with just compensation

Front 25

Kelo Case

Back 25

Used a broad interpretation of public use for eminent domain, ruled that economic development is a valid public use (creates jobs, generates tax revenue), GOVERNMENT CAN SEIZE LAND AND SELL IT TO PRIVATE ENTITIES

Front 26

Tort Fraud

Back 26

A breaches duty to B, suit is brought by B, A pays B $ (contractual obligations)

Front 27

Criminal Fraud

Back 27

Mail fraud, wire fraud, violations statute and is prosecuted by state

Front 28

Dram Shop Acts

Back 28

Can hold businesses that serve alcohol to obviously intoxicated patrons liable

Front 29

Conditions for Defamation

Back 29

False statement of fact, published (issues of privilege), causation, and damages

Front 30

Violation of Privacy

Back 30

Using someone else's name for financial gain (Kardashian example, Paris Hilton)

Front 31

Tortious Interference with Contractual Relationship

Back 31

Valid, enforceable contract between two parties, third party's knowledge of contract, third party intentionally and unfairly causes one party to breach contract, third party interfered FOR HIS OWN ECONOMIC INTEREST

Front 32

Negligence Theory

Back 32

Elements: duty, breach, causation, damages

Front 33

Negligence Defense

Back 33

Elements not met, assumption of risk, comparative negligence

Front 34

Strict Liability Theory

Back 34

Product defective when sold, defendant is normally in the business of selling, product is unreasonably dangerous, harm, causation, goods not substantially changed

Front 35

Defense of Strict Liability Theory

Back 35

Elements not met

Front 36

Potential Product Liability Parties

Back 36

Defendants: producers of components, manufacturers, wholesalers, retailers, buyers

Plaintiffs: buyers, second-hand buyers, lessee or other user, injured bystander

Front 37

What makes a product defective and unreasonably dangerous?

Back 37

Manufacturing defect, design defect (reasonable alternative design not adopted or utility does not justify product's existence), lack of reasonable warning

Front 38

Elements of Crime

Back 38

Prohibited act (actus reus), guilty intent (mens rea)

Front 39

Larceny

Back 39

Taking an unguarded product (laptop off lawn)

Front 40

Robbery

Back 40

Use of force to steal something

Front 41

Burglary

Back 41

Breaking and entering to steal something

Front 42

Forgery

Back 42

Making/altering a document to change someone's liability with the intention of defrauding them

Front 43

Duress

Back 43

Threat of harm meant to compel someone to commit a crime

Front 44

Entrapment

Back 44

Law enforcement coerces person into committing a crime

Front 45

Amicus Brief

Back 45

Brief filed in court by non-litigant with strong interest in subject matter

Front 46

Intentional Torts Against Property

Back 46

Trespass to land/personal property, conversion, nuisance

Front 47

Intentional Torts Against Persons

Back 47

Assault, battery, false imprisonment, defamation, emotional distress, invasion of privacy, fraudulent misrepresentation

Front 48

Absolute Privilege

Back 48

Statements cannot be used in defamation case, only applies to lawyers and judges in court and legislators on the floor

Front 49

Qualified Privilege

Back 49

False claim has to be made with malice, only justified if this type of communication is better left out of public eye (i.e., letter of recommendation)

Front 50

Conditions for Invasion of Privacy

Back 50

False light, true but sensitive information, snooping, appropriation (we all have the exclusive right to use our name commercially)

Front 51

Fraud

Back 51

A false statement of fact specifically intended to cheat someone

Front 52

Business Negligence Claims

Back 52

Premises liability (usually decided against businesses), product liability, or malpractice

Front 53

Causation in Fact

Back 53

"But for" defense, but for the defendant's actions, the plaintiff would not have been injured

Front 54

Proximate Causation

Back 54

Plaintiff's injuries must be a foreseeable effect of defendant's actions

Front 55

Exclusionary Rule

Back 55

Evidence obtained via illegal means is inadmissible

Front 56

Voir Dire

Back 56

The process of selecting appropriate jurors in a case