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Flashcards in Business Law Tst 2 Deck (35)
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1

Federalism

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

2

3 types of government

Judicial
Legislative
Executive

3

Judicial Review

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

4

Supremacy Clause

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

5

Commerce Clause

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

6

First Ammendment

Freedom of speech press religion and peaceable assembly

7

Fourth Ammendment

Protects citizens from unreasonable search and seasier

8

Fifth Ammendment

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

9

Ninth amendment

Right to privacy

10

Fourteenth amendment

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

11

Article 1

Gives government the right to levee taxes

12

Criminal law purpose

To punish

13

Who brings the case in criminal law?

Prosecutors bring the case

14

What is probable cause?

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

15

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

16

2 distinctions of a crime

Actus reus (guilty act)
Mens rea (guilty mind)

17

Criminal burden of proof

Beyond a reasonable doubt

18

Civil burden of proof

Proven by proponderence of the evidence

19

What is corporate criminal liability

Corporation is responsible for the actions of its employees

20

What are white collar crimes?

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

Miranda rights

The rights that are read during an arrest.
“You have the right to remain silent”

22

Tort

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

Elements of a tort

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

24

What is the difference between battery and assault

Assault is a threat
Battery involves contact

25

What is defamation?

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

26

What is disparagement?

Defamation of a business

27

Reasonable man standard?

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

28

2 kinds of damages

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

29

Types of property

Real= land and anything permanently attached to it.

Personal= tangible, movable objects

Intellectual= ideas and thoughts

30

Rights included in property rights

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