GoConqr has a new look! Let us know what you think.

Sign up free

Flashcards

BusLaw-Exam1

braylyn_7 English 126 cards

Cards in this deck (126)

  1. 1rules and regulations established by government and applied to people in order for civilization to existlaw
  2. 2what are some purposes of law?1. to resolve disputes that arise between individuals and to impose responsibility if one person has a valid legal claim against another(breach of contract)
    2. to maintain order in a civilized society(criminal law)
  3. 3what are 3 classifications of law?1. procedural vs. substantive
    2. public vs. private
    3. criminal vs. civil
  4. 4what does substantive law break down into? (2 parts)1. public law
    2. private law
  5. 5what does public law break down into? (3 parts)1. constitutional law
    2. administrative law
    3. criminal law
  6. 6what are examples of private law?torts, contracts, sales, commercial paper, agency, partnerships, corporations, property
  7. 7what does procedural law break down into?methods of enforcement(courts)
  8. 8list 5 SOURCES of law1. constitution
    2. legislative(statutory)
    3. administrative
    4. common law
    5. choice of law
  9. 9what does the constitution law deal with?federal and state law
  10. 10give examples of legislative law?U.S. code and state statutes(O.R.C. etc.)
  11. 11give examples of administrative lawfederal and state(C.F.R. and O.A.C. etc)
  12. 12give examples of common lawrestatements of the law and the doctrine of stare decisis
  13. 13give an example of choice of lawestee lauder co. vs. shastri batra
  14. 14True or False: If the federal government has authority in an area under the constitution, federal law will pre-empt state law.TRUE
  15. 15Which amendment states: nor shall private property be taken for public use, without just compensaiton.The 5th Amendment
  16. 16legal statements made by courts, they can be interpretations of statutes or they can be based on common law principles that were created by the courts decades or centuries agojudicial pronouncements
  17. 17the product of the legislative branch aimed at determining how lawsuits are handled in the courts.procedural law
  18. 18laws that regulate and control the rights and duties of persons and are used to resolve disputessubstantive law
  19. 19concerns itself with the rights, powers, and duties of federal and state governments under the U.S. constitution and the constitutions of various statesconstitutional law
  20. 20concerned with the multitude of administrative agencies, such as the Federal Trade Commission and the National Labor Relations Boardadministrative law
  21. 21consists of statues that forbid certain conduct as being detrimental to the welfare of the state or the people generally and provides punishment for their violationcriminal law
  22. 22may be subdivided into the subject of sales, commercial paper, agency, and business oranizationslaw of contracts
  23. 23primary source of litigation in this country and is also a part of the totall body of law in areas such as agency and saleslaw of torts
  24. 24a branch of the law of contracts, but in many ways our concept of private property contains much more than the contract characteristicslaw of property
  25. 25a wrong committed by one person against another or against anothers propertytort
  26. 26body of law deriving from judicial decisionscommon law
  27. 27system of law based on legislation or codes, as in the European system of codified lawcivil law
  28. 28the doctrine that the legislative, executive, and judicial branches of government function independently of one another and that each branch serves as a check on the othersdoctrine of separation of powers
  29. 29the power of courts to declare laws and executive actions unconstitutionaldoctrine of judicial review
  30. 30a law passed by congress or the legislative body of a statestatute
  31. 31laws passed by local governmentsordinance
  32. 32a collection or compilation of the statutes passed by a legislative body on a particular subjectcode
  33. 33the legal doctrine that once a dispute is litigated and resolved, these parties are forever barred from litigating the same matter againres judicata
  34. 34discretionary writ that allows the court to choose the cases that it wishes to hear. Generally granted in cases involving a federal question of substantial importance or a conflict in the decisions of the US circuit court of appeals. Granted if at least 4 judges agree that it should be heard.Writ of Certiorari
  35. 35What are the parties called in a trial court?Plaintiffs vs. Defendants
  36. 36Court of AppealsAppellant vs. Appellee
  37. 37What are the parties called in the Supreme Court?Petitioner vs. respondent
  38. 38in order to appeal from the decision of a lower court the appellant must rely on ?errors of fact or errors of law
  39. 39When will errors of fact be over-turned?If the lower court decision was arbitrary, capricious, an abuse of discretion or contrary to law.
  40. 40When will errors of law be over turned?If the higher court disagrees with the interpretation of the lower court(de novo review)
  41. 41List 8 things that are concerned with exclusive federal jurisdiction.1. federal crimes
    2. bankruptsy
    3. patents
    4. copyrights and trademarks
    5. admirality
    6.anti trust
    7. suits against the US
    8. specified federal statutes
  42. 421. federal questions 2. diversity of citizenship + $75,000 are concerned with...concurrent jurisdiction
  43. 43what court, substantive law, and procedural law is concerned with concurrent jurisdiction:federal question?court-federal, state
    substantive law-federal, federal
    procedural law-federal, state
  44. 44what court, substantive law, and procedural law is concerned with concurrent jurisdiction: diversitycourt-federal, state
    substantive law-state, state
    procedural law-federal, state
  45. 45what court, substantive law, and procedural law are concerned with exclusive state jurisdiction?court-state
    substantive law-state
    procedural law-state
  46. 46the type of jurisdiction based on claims against a person?In Personam Jurisdiction
  47. 47type of jurisdiction based on claims against propertyIn Rem Jurisdiction
  48. 48jurisdiction is divided into 2 parts...?subject matter and parties
  49. 49jurisdiction over parties breaks down into 3 parts...?1. In Rem
    2. Personal
    3. Quasi in Rem
  50. 50Personal jurisdiction breaks down into 2 parts...?1. Defendant present
    2. long arm statute
  51. 51subject matter jurisdiction breaks down into 3 parts?1. state
    2. concurrent
    3. federal
  52. 52true or false: If the plaintiff has personal jurisdiction over the defendant, the "full faith and credit clause" of the Constitution applies to the judgementTRUE
  53. 53long arm statutes apply whenever the defendant...has committed a tort within the state. owns property within the state and it is the subject of the issue. has entered into a contract within the state. has transacted business within the state and that is the subject of the issue.
  54. 54Geographical area in which a lawsuit should be brought.venue
  55. 55the 1st state in a civil dispute resolution and its response.determine what facts are in dispute--> pleadings-->complaint, answer, or reply
  56. 562nd stage in a civil dispute resolution and its response..discover what evidence there is to prove the facts in dispute--> pretrial-> discovery, conference, summary judgement
  57. 573rd stage in a civil dispute resolution and its response...determine what facts are proved by the evidence--> trial--> jury selection, opening statements, introduction of evidence, closing arguments, judgement on verdict
  58. 584th stage of a civil dispute resolution and its response...review the lower courtss actions for prejudicial error--> appeal-> briefs and transcripts, oral argument, decision
  59. 59final stage of a civil dispute resolution and its response...implement the courts judgement--> enforcement-> execution, garnishment
  60. 60precedent(stare decisis), torts, trust and estates, and property deal with...common law
  61. 61what the law IS, your rights, duties, sanctions or remediessubstantive law
  62. 62how you exercise your rightsprocedural law
  63. 63how do you exercise your rights in a criminal case?initiate with indictment
  64. 64how do you exercise your rights in a civil case?with a complaint
  65. 65when the initial party is a soverign it is a matter of...public law
  66. 66when there is a dispute between 2 or more private persons it is a matter of...private law
  67. 67what are some ways to change the law?-legislation can initiate a new scheme
    -if the legislative body is unhappy with how its legislation has been interpreted and applied on the courts
    -constitution requires change in the law
  68. 68the power to determine rights in real estate(power over the thing)..in rem jurisdiction
  69. 69personal property jurisdiction?quasi in rem
  70. 70a corporation being treated like a person, or a citizen of the state of incorporation of where the nerve center isjudicial person
  71. 71a remedy that is seldom used, is difficult to get it out of a courtequitable relief
  72. 72what is the question with "standing to sue"?are you the real party in interest?
  73. 73failure to state a claim upon which relief can be granted deals with ...12(b)(6)
  74. 74the federal government is limited in authority to only the enumerated powers it has under section 8 of which article?article 1, when it comes to legislation
  75. 75article 1 section 1 is the...full faith and credit clause(state rights vs. the federal government authority
  76. 76article 4 section 2 is the...privledges and immunities clause(states relationships with other states)
  77. 77federal govt has never made any rules in the areaDormat Commerce Clause
  78. 78says as long as your regulations are in the right direction, states are allowed to impose a higher standardsavings clause
  79. 79you have to show state action or it its not a violation of the constitutionstate actor
  80. 803 tests of scrutiny1. strict scrutiny test
    2. intermediate scrutiny test
    3. rational basis test
  81. 81what is the most difficult test for the government to win?strict scrutiny test
  82. 82test that deals with issues where people are discriminated againstintermediate scrutiny test
  83. 83all the government needs to win this test is a reason for the legislationrational basis test
  84. 84the federal judiciary and ultimately the Supreme Court has authority to review the constitutionality of legislative and executive actsjudicial review
  85. 85congress has the power to regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and those activities having a substantial relation to interstate commerceactive commerce clause
  86. 86judicially created doctrine that forbids states from acting in a manner that unreasonably impedes commerce among the statesdormant commerce clause
  87. 87important issues with the dormant commerce clause-the necessity and the importance of the state regulation
    -the burden it imposes on interstate commerce
    -the extent to which it discriminates against interstate commerce in favor of local concerns.
  88. 88two categories of protected speech?commercial speach and political speech
  89. 89what are the elements of a claim under contract law?1. mutual agreement
    2. mutual obligation(both bound by bargain)
    3. contractual capacity(you have free will)
    4. legal bargain
  90. 90what are the 3 types of torts?1.intentional(wilful or purposeful act, causing harm)
    2. negligent(lack due care, which causes injury, results in damages)
    3. strict liability(no requirement of wilfulness or any show of negligence its based entirely on the fact that the person was engaged in a dangerous activity)
  91. 91what are some powers of administrative agencies?-rulemaking power
    -force of law
    -adjudicatory powers
    -investigatory powers
  92. 92What are some rules of the Administrative Procedures Act?1. Requires agencies to keep the public informed of their rules and procedures.
    2. Provide for public participation in rule making
    3. establish uniform standards for the conduct of formal rulemaking and adjudication.
    4. define the scope of judicial review
  93. 93internal rulemaking...deals with operations
  94. 94procedural rulemaking....deas with establishing its agency(organization)method of operation
  95. 95interpretive rulemaking...an attempt to explain how things are interpreted, has no binding effect
  96. 96legislative rulemaking...is the most formal, has a binding effect of law
  97. 97is there a warrant required to investigate a highly regulated industry like a nucleaer plant, etc.?NO
  98. 98do Corporations have the right to plead the 5th?NO
  99. 99what are some causes of action?-bodily harm
    -human dignity
    -slander(oral)
    -libel(written, printed, digital)
    -right of privacy(intrusion, false light)
  100. 100what do you call statements that are made on the House of the Senate floor?Absolute Privledge
  101. 101what do you call recommendations given by a prior employer?conditional privlege
  102. 102newspapers can print about public figures and public officials, but not ordinary citizens, true or false?true
  103. 103publishing false information about a competitors product...dispargement
  104. 104interference with contractual rights are..a form of harm to economic interests
  105. 105interfering with a prospective economic advantage is a...harm to economic interests
  106. 106what are some defenses against intentional torts?What is consent?
    Was it self-defense?
  107. 107what are 5 elements of the law of negligence?1. duty of care owed
    2. breach of duty
    3. causation in fact
    4. injury
    5. scope of liability(proximate cause)
  108. 108"what would a reasonable and prudent person do under the same or similar circumstances?"duty of care owed
  109. 109did the defendant violate the statute? purpose of the statute must be to protect persons or property like the plaintiffnegligence per se
  110. 110federal law preempts conflicting state or local law IF Congress indicates that it intended to preempt the field.federal supremacy
  111. 111no person shall be deprived of life, liberty, or property, without due process of law( right to a hearing, notice, and appeal)due process
  112. 112some fundamental right that you have that the government seeks to regulatesubstantive due process
  113. 113was the process to deprive someone of life, liberty, and property fundamentally fair?procedural due process
  114. 114what are the equal protection levels of scrutiny?rational relationship test(economic regulation-requires that the classification bears some rational relationship to a legitimate governmental interest, easiest for govt to meet
    .intermediate scrutiny-based on gender or age(requires a substantial relationship to an important governmental objective)
    .strict scrutiny-involves fundamental rights and classifications based on race and national origin, requires a compelling governmental interest,
  115. 115subject classifications of strict scrutinyrace, national origin, religion, fundamental rights(right to vote etc.)
  116. 116quasi suspect classifications(intermediate scrutiny)gender, legitimacy, age, disability
  117. 117some examples of intentional tortsassault, battery, false imprisonment, infliction of emotional or mental distress.
  118. 118false communication that injures a persons reputationdefamation
  119. 119what are some defenses to defamation?its the truth. absolute privlege. conditional privlege. constitutional privlege.
  120. 120unauthorized use of a persons identityappropriation
  121. 121unreasonable and highly offensive interference with the seclusion of anotherintrusion
  122. 122highly offensive publicity of public informationpublic disclosure of private facts(unreasonable publicity)
  123. 123highly offensive and false publicity about anotherfalse light
  124. 124land and anything attached to itreal property
  125. 125any property other than landpersonal property
  126. 126what are some defenses to negligence?contributory negligence(failure of a plaintiff to exercise reasonable care for their protection)
    comparative negligence(damages are divided between the parties in proportion to their degree of negligence)
    assumption of risk

Information

Description
(Business Law) Flashcards on BusLaw-Exam1, created by braylyn_7 on 29/05/2013.
Created by
braylyn_7
Views
32
Rating

Feedback

What is it about?

What do you think of the new look?

How do you like it?