Business Law Quiz

Statutes

Statutes

laws

Common law

"how its always been"

Case law

decisions courts make-can be used for future cases too

Treatises

read someone's opinion and judge can make into law

Uniform law

one set of rules above everyone and all states

Statute of limitations

certain amount of time after which you can't sue anymore

Stare decisis or precedent

if there's a higher court that makes a decision, lower courts must follow it

Case of first impression

court never been faced with a case like this so no precedent

Binding

have to follow

Persuasive authority

not mandatory to follow

Plaintiff/ petitioner

person who brings case to court

Defendant

person brought to court

Appellant

person who goes to next level of court to review first court's decision (can be plaintiff or defendant)

Appellee

person brought to next level court

Dissent

when you have a written opinion, can write a dissent= strong reason why you disagree

Supremacy

certain powers are saved for supreme law of the land- federal gov

Sovereign powers

other powers reserved for states

Privileges and Immunities

can't burden citizen of another state in a way that you wouldn't burden your own citizens

Full faith and credit

something legal in one state should be legal when brought to a diff state

Commerce clause

allows federal gov to regulate interstate commerce (usually can't)

Dormant commerce clause

if the federal gov can regulate interstate commerce, the states cannot impose laws that impede interstate commerce

Content neutral law

is a rule that controls how or when people can speak, without taking sides about what they're saying.

Substantial gov interest

something important that the government wants to protect or achieve, like keeping people safe or protecting the environment

Establishment clause

gov can't establish a religion but a business can

Free exercise clause

a person has a right to hold any or no religious belief

Due process

right to object before a taking, opportunity to be heard

Equal protection

when a law treats diff people differently, must be a reason (and even then, may be unconstitutional)

Private Code of Ethics

A set of ethical rules for a company's employees.

Duty-Based Ethics

Ethics based on following duties or rules, regardless of outcomes.

Outcome-Based Ethics

Ethics focused on achieving the greatest good for the greatest number.

Corporate Social Responsibility (CSR)

A company's commitment to making ethical decisions that benefit society.

Contract of Adhesion

A one-sided contract where the other party has no room to negotiate.

Jurisdiction

The authority of a court to hear and make decisions in a case.

Long Arm Statute

If a person or business has sufficient contact with a state, that state's courts may exercise jurisdiction over them, even if they are not residents of that state.

Original Court

A trial court where cases are initially heard, such as a state district court or circuit court.

Appellate Courts

Courts that review decisions made by lower courts and can only hear appeals.

Standing

The legal right of a person to bring a lawsuit on a specific issue.

Anticipatory Breach

A situation where a party indicates they will not fulfill their contract obligations in the future, allowing the other party to sue for breach even before suffering actual harm.

Causation

The link between a person's actions and the resulting harm or injury.

Remedy

The solution or compensation a court provides to address a legal wrong.

Magistrate

A judicial officer similar to a judge but typically involved in less formal and less expensive proceedings.

Writ of Certiorari

An order by a higher court directing a lower court to send records for review, often used by the Supreme Court to choose cases.

Shadow Docket

A process in which courts make decisions based on written briefs without holding oral arguments, often used for urgent or procedural issues.

Negotiation

A process where two parties, often with their attorneys, work together to reach a resolution.

Mediation

A form of dispute resolution where a neutral mediator (who may be an attorney) helps guide parties to a mutually acceptable agreement.

Arbitration

A private, mini-trial conducted by an arbitrator (often a retired judge) where the decision is typically binding and the process is more formal than mediation.

Pro Se

Going to court without a lawyer.

Contingency Fee

The lawyer only gets paid a percentage of the money you win in the case.

Discovery

A process where both sides share information about the case with each other.

Complaint

A document the plaintiff files to explain why they are suing.

Serve the Complaint

Officially giving the defendant notice that they are being sued.

Pretrial Motions

Requests made to the court after filing the complaint but before the trial starts.

Motion to Dismiss

A request to end the case because, even if all facts are true, the plaintiff would still lose.

Motion for Summary Judgment

Asking the court to decide the case based on the facts, without a trial.

Deposition

A recorded meeting where one side questions the other side's witness, with lawyers present.

Interrogatories

Written questions one side sends to the other, which must be answered in writing.

Sanctions

Penalties or fines the court gives for not following rules.

Writ of Execution

A document that lets you collect money owed by taking it from someone's wages or assets if they don't pay.

Tort

A wrongful act that can lead to a lawsuit.

Compensatory Damages

Money to put someone back in the position they were in before the harm.

Special Damages

Money for specific losses, like bills or lost wages.

General Damages

Money for non-physical harm, like pain or emotional suffering.

Punitive Damages

Money to punish the wrongdoer and stop future bad behavior.

Gross Negligence

Extreme carelessness that risks harm to others.

Consent

When someone agrees to something happening to them.

Tortfeasor

The person who did the wrongful act.

Battery

Intentional, unwanted physical contact.

False Imprisonment

Keeping someone in one place without a good reason.

Defamation

Hurting someone's reputation with false statements.

Libel

Written defamation (false statements in writing).

Appropriation of Identity

Using someone's identity without permission.

Fraudulent Misrepresentation

Lying about important facts on purpose.

Conversion of Property

Taking or using someone's property without permission.

Disparagement of Property

Saying untrue things that harm the value of someone's property.

Duty of Care

Acting in a way that doesn't harm others.

Good Samaritan Law

Protection from being sued if you help in an emergency.

Superseding Cause

An unexpected event that breaks the chain of responsibility.

Contributory Negligence

If you were partly at fault, you may not get damages.

Comparative Negligence

If you were partly at fault, your damages are reduced by your percentage of fault.

Strict Liability

A person or company is responsible for harm caused by their actions, even if they did nothing wrong.

Privity of Contract

A direct relationship between two people who have a contract.

Cause in Fact

The injury wouldn't have happened without the defendant's actions.

Due Care

The care a company must take when making a product to avoid harm.

Interpleader

Bringing in another company to share liability for harm caused.

Misrepresentation

When a seller or maker lies about a product.

Privy

The direct relationship or communication between a buyer and a seller.

Pre-emption

When a higher law prevents certain claims under state law.

Statute of Repose

Limits product liability to a certain time after the product is sold.

Trademark

A unique symbol, logo, or design that a company uses to identify its product.

Service Mark

A trademark used to identify a service rather than a product (e.g., Coke's logo, FedEx's colors).

Trademark Dilution

When a similar mark or logo confuses consumers, even if it's not identical to the original.

Certification Mark

A symbol used to show that a product or service meets certain standards, often by a group or organization (e.g., Star-K kosher certification).

Collective Mark

A mark used by members of a group, association, or organization to show their membership or shared identity.

Trade Dress

The visual appearance of a product or its packaging that makes it recognizable, including design, colors, and layout.

Trade Names

The name of a business, which can be part or all of the company's name.

Patents

Legal rights granted by the government that give inventors exclusive control over making, using, or selling an invention for 15 to 20 years.

Copyrights

Legal protection for creators of original works (like books, music, or art) for a specific period of time.

Fair Use

Limited use of copyrighted material without permission, usually for purposes like education, news, or commentary.

Spam

Unsolicited junk email.

CAN-SPAM Act

A law that regulates commercial email messages to reduce spam.