Flashcards in Business Law Tst 2 Deck (35)
Government where power is divided between central authority and constituent political units
3 types of government
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
Any state or local law that directly conflicts with federal law is void
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
Freedom of speech press religion and peaceable assembly
Protects citizens from unreasonable search and seasier
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
Right to privacy
Equal protection of rights to all citizens. All citizens are created equal
Gives government the right to levee taxes
Criminal law purpose
Who brings the case in criminal law?
Prosecutors bring the case
What is probable cause?
Reason to believe someone is about to, or has, committed a crime
Difference between a missdimeanor and felony
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
2 distinctions of a crime
Actus reus (guilty act)
Mens rea (guilty mind)
Criminal burden of proof
Beyond a reasonable doubt
Civil burden of proof
Proven by proponderence of the evidence
What is corporate criminal liability
Corporation is responsible for the actions of its employees
What are white collar crimes?
Bribery= pay to get influence
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
The rights that are read during an arrest.
“You have the right to remain silent”
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
Elements of a tort
Duty, breech of duty, prove did the breech cause damages
What is the difference between battery and assault
Assault is a threat
Battery involves contact
What is defamation?
A false statement or an action that harms the reputation of an individual business or group
What is disparagement?
Defamation of a business
Reasonable man standard?
Degree of skill or action that a reasonable man would do in a situation.
2 kinds of damages
Compensatory= make whole
Punitive= use as example so it won’t happen again
Types of property
Real= land and anything permanently attached to it.
Personal= tangible, movable objects
Intellectual= ideas and thoughts