BUSN LAW: Final Review

Law

Consists of enforceable rules governing relationships among individuals and between individuals and rest of their society.

Constitutional law

The body of law derived from the U.S. Constitution and the constitutions of the various states.

US Constitution

Supreme law of the land.

Statutory law

The body of law enacted by legislative bodies (US Congress and state legislatures).

Administrative law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Case law

Rules and decisions made by courts.

Stare Decisis

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. Deciding new cases based on precedent.

Common law

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

Substantive law

Laws that define and regulate rights and duties.

Procedural law

Laws that establish methods for enforcing and protecting rights.

Criminal law

Deals with behavior that is or can be construed as an offense against the public, society, or the state (e.g. murder, assault, theft, drunken driving).

Civil law

Deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Not meant to punish, meant to compensate.

National law

Law that pertains to a particular nation.

International law

The body of written and unwritten laws, and treaties, observed by nations when dealing with each other.

CIRAC

Conclusion

Issue

Rule

Analysis

Conclusion

Judicial review

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

Jurisdiction

The power to hear and decide a case.

In personam jurisdiction

The power of a court to compel the presence of the parties, including corporations, to appear before the court and to litigate.

In rem jurisdiction

Court's power to decide issues relating to real or personal property.

Long arm statutes

Used by courts for non-resident parties based on "minimum degree of contact" with state.

Oral jurisdiction

The authority to initially consider a case; where the case started.

Apellate jurisdiction

The power to hear an appeal from a lower court.

Federal-question cases

Cases in which the rights or obligations of a party are created or defined by the U.S. Constitution, a treaty or some federal law.

Diversity cases

Cases involving parties from different states; the amount in controversy is greater than $75,000.

Concurrent jurisdiction

Jurisdiction that exists when two different courts (federal and state) have the power to hear a case.

Exclusive jurisdiction

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

Standing to sue

A sufficient "stake" required in a matter for a party to bring a lawsuit to court.

Motion for summary judgment

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Small claims courts

Special court in which parties can litigate without an attorney.

Federal Court System

The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.

Three branches of government

Legislative, Executive, Judicial

Legislative branch

Branch of government that makes the laws.

Executive branch

Branch of government that enforces the laws.

Judicial branch

Branch of government that interprets the law.

Checks and balances

The principle under which the powers of the national government are divided among three separate branches—the executive, legislative, and judicial branches—each of which exercises a check on the actions of the others.

Voir dire

Jury selection process of questioning prospective jurors, to ascertain whether they can be impartial jurors.

Plaintiff

One who initiates a lawsuit.

Defendant

One against whom a lawsuit is brought; the accused person in a criminal proceeding.

Alternative dispute resolution (ADR)

A method to resolve disputes in ways other than the traditional judicial process, and include negotiation, mediation, and arbitration.

Negotiation

The parties meet informally with or without their attorneys and attempt to agree on a resolution.

Mediation

A neutral third party meets with the parties and emphasizes points of agreement to help them resolve their dispute.

Arbitration

The parties present their arguments and evidence before an arbitrator at a hearing, and the arbitrator renders a decision resolving the parties' dispute.

Ethics

The study of right and wrong behavior.

Moral minimum

The minimum degree of ethical behavior expected of a business, which is usually defined as compliance with the law.

Ethical culture

Acceptable behavior as defined by the company and industry.

Corporate Social Responsibility (CSR)

The idea that corporations can and should act ethically and be accountable to society for their actions.

Commerce clause

Gives the federal government the power to regulate commercial activities among the states.

Supremacy clause

Allows laws enacted by the federal government to take priority over conflicting state laws.

Bill of Rights

The first ten amendments to the U.S. Constitution.

First Amendment

Freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government.

Second Amendment

Right to keep and bear arms.

Third Amendment

Prohibits, in peacetime, the lodging of soldiers in any house without the owner's consent.

Fourth Amendment

Prohibits unreasonable searches and seizures of persons or property.

Fifth Amendment

Prohibits government from forcing individuals to testify against themselves.

Sixth Amendment

Right to a speedy and public trial.

Seventh Amendment

Right to trial by jury in a civil case.

Eighth Amendment

Prohibits excessive bail and fines, as well as cruel and unusual punishment.

Ninth Amendment

Establishes that the people have rights in addition to those specified in the Constitution.

Tenth Amendment

Establishes those powers neither delegated to the federal government nor denied to the states are reserved for the states.

Establishment clause

Prohibits government from establishing a statesponsored religion, or passing laws that favor one over the other.

Free exercise clause

Guarantees a person's right to freely exercise their religion.

Due process

The provisions in the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law.

Equal protection

The provision in the Fourteenth Amendment to the Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that the state governments must treat similarly situated individuals in a similar manner.

Administrative agency

A federal, state, or local government agency established to perform a specific function

Criminal act (actus reus)

The performance of a prohibited/guilty act.

State of mind (mens rea)

A specified wrongful state of mind or intent on the part of the actor.

Stare decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

Probable cause

Reasonable grounds for believing that a search should be conducted or an arrest made.

Tort law

Designed to compensate those who have suffered a loss or injury to another person's wrongful act.

Compensatory damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Punitive damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

Intentional tort

A wrongful act knowingly committed.

Wrongful interference with a contractual relationship

Valid and enforceable contract exists between two parties. Third party knows about contract. Third party intentionally causes either party to breach the original contract.

Wrongful interference with a business relationship

Businesspersons are prohibited from reasonably interfering with another's business in attempt to gain market share.

Tortfeasor

One who commits a tort.

Assault

Any intentional and unexcused threat of immediate harmful or offensive contact.

Battery

Unexcused, harmful, or offensive physical contact with another that is intentional.

Defense

Legally recognized reasons why the plaintiff should not obtain damages.

False imprisonment

Intentional confinement or restraint of another person's activities without justification.

Defamation

Anything published or publicly spoken that causes injury to another's good name, reputation, or character.

Slander

Defamation in oral form.

Libel

Defamation in writing or other form having the quality of permanence (such as a digital recording).

Fraudulent misrepresentation (fraud)

Intentional deceit for personal gain.

Puffery

A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

Negligence

Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Four elements of negligence

Duty of care, breach of the duty, causation, and damages.

Duty of care

People in society are free to act as they please so long as their actions do not infringe on the interests of others.

Causation

To hold defendant liable, plaintiff must show the tortious act was both the actual and proximate cause of the injury.

Contributory negligence

Bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault (only used in a few states).

Comparative negligence

Reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.

Violent crime

Crimes against persons (ex. robbery, murder, rape, assault, battery).

Property crime

Crime that involves money or property (ex. burglary, larceny, obtaining goods by false pretenses, receiving stolen goods, arson, forgery).

Public order crime

Public drunkenness, prostitution, gambling, illegal drug use. Sometimes referred to as victimless crimes because they normally harm only the offender.

White-collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage (ex. embezzlement, mail and wire fraud, bribery, theft of trade secrets, insider trading).

Organized crime

Operates illegitimately to supply illegal goods and services (ex. money laundering).

Felonies

Serious crimes ( e.g. murder, rape, roberry) punishable by death or by imprisonment for more than a year.

Misdemeanors

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

Sole proprietorship

A business owned by one person.

Franchise

Any arrangement in which the owner of a trademark, trade name, or copyright licenses another to use that trademark, trade name, or copyright in the selling of goods or services.

Partnership

An agreement by two or more persons to carry on, as co-owners, a business for profit.