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Business Law > Business Law Tst 2 > Flashcards

Business Law Tst 2 Flashcards

1
Q

Federalism

A

Government where power is divided between central authority and constituent political units

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2
Q

3 types of government

A

Judicial
Legislative
Executive

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3
Q

Judicial Review

A

Judicial review power of a court to review legislative and executive actions, such as a law or an official act of government employee or agent, to determine whether they are constitutional

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4
Q

Supremacy Clause

A

Any state or local law that directly conflicts with federal law is void

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5
Q

Commerce Clause

A

Art of constitution that gives Congress ability to “regulate commerce with foreign nations and among the several states and with the Indian tribes”

Wickard and Fillburn

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6
Q

First Ammendment

A

Freedom of speech press religion and peaceable assembly

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7
Q

Fourth Ammendment

A

Protects citizens from unreasonable search and seasier

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8
Q

Fifth Ammendment

A

People don’t have to testify against themselves

Prevents double jeopardy

Creates due process of rights

Gvt can’t take property with out compensation

Trial by grand jury

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9
Q

Ninth amendment

A

Right to privacy

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10
Q

Fourteenth amendment

A

Equal protection of rights to all citizens. All citizens are created equal

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11
Q

Article 1

A

Gives government the right to levee taxes

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12
Q

Criminal law purpose

A

To punish

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13
Q

Who brings the case in criminal law?

A

Prosecutors bring the case

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14
Q

What is probable cause?

A

Reason to believe someone is about to, or has, committed a crime

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15
Q

Difference between a missdimeanor and felony

A

M: lesser penalty. Trial is just an information

J: more than 1 year in prison, hearing in front of grand jury, indictment and no bail

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16
Q

2 distinctions of a crime

A 
Actus reus (guilty act)
Mens rea (guilty mind)
17
Q

Criminal burden of proof

A

Beyond a reasonable doubt

18
Q

Civil burden of proof

A

Proven by proponderence of the evidence

19
Q

What is corporate criminal liability

A

Corporation is responsible for the actions of its employees

20
Q

What are white collar crimes?

A

Bribery= pay to get influence
Extortion= blackmail
Fraud= intentional deception that causes harm to another
Insider tradin= trading with information that the general public doesn’t have
Forgery= falsification of documents by imitating or altering a real document

21
Q

Miranda rights

A

The rights that are read during an arrest.

“You have the right to remain silent”

22
Q

Tort

A

Violation of another person’s rights or a civil wrongdoing that does not arise out of a contract or statute; primary types are intentional neglect, and strict liability torts

23
Q

Elements of a tort

A

Duty, breech of duty, prove did the breech cause damages

24
Q

What is the difference between battery and assault

A

Assault is a threat

Battery involves contact

25
Q

What is defamation?

A

A false statement or an action that harms the reputation of an individual business or group

26
Q

What is disparagement?

A

Defamation of a business

27
Q

Reasonable man standard?

A

Degree of skill or action that a reasonable man would do in a situation.

28
Q

2 kinds of damages

A 
Compensatory= make whole
Punitive= use as example so it won’t happen again
29
Q

Types of property

A

Real= land and anything permanently attached to it.

Personal= tangible, movable objects

Intellectual= ideas and thoughts

30
Q

Rights included in property rights

A

Airspace
Real
Water= right to the water on the property
Mineral= right to use minerals and soil beneath the surface.

31
Q

Interests in real property

A

Fee simple= complete ownership
Conditional estate= same interest as fee simple but with strings attached
Life estate= ownership until person who bought it died
Future= persons present right to property ownership in the future
Lease hold= essentially rent

32
Q

Ways of property transfer

A

Adverse possession= involuntary property transfer which a person acquired ownership of property by treating a peace of property as his or her own, with out protest from owner. (Squatter)
Condemnation= transfer of property made against the protest of the property

33
Q

Trade mark

A

Distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with product and tends to cause consumers to identify the product with the producer

34
Q

Copyright

A

The protection of expression of a creative work; that is, protection of the fixed form that expresses the ideas

35
Q

Patent

A

Protection that grants the holder the exclusive right to produce, sell, and use the object of the patent for 20 years

Can be obtained for a product, oroduct, process, invention, machine, or a plant produced by asexual reproduction

Business Law (4 decks)

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