BLS 111: Midterm Flashcards

Law

A body of enforceable rules governing relationships among individuals and between individuals and their society.

Legal System

A structured set of laws and institutions through which society maintains order and enforces rules.

Substantive Law

Law that defines legal rights and duties.

Procedural Law

Law that establishes the methods and procedures to enforce legal rights.

Public Law

Law that involves the government acting in its official capacity.

Private Law

Law governing relationships between private individuals or entities.

Constitutional Law

Law based on the U.S. Constitution and state constitutions.

Legislation

Statutes, codes, and ordinances enacted by governing bodies.

Common Law

Judge-made law based on precedent and court decisions.

Civil Law

Legal system relying more on statutory codes than judicial decisions.

Stare Decisis

The legal doctrine of adhering to precedent in future similar cases.

Precedent

A court decision that serves as an example for future similar cases.

Conflict of Laws

Legal principles that determine which jurisdiction’s law applies in multi-state or international disputes.

Judicial Review

The power of courts to declare laws unconstitutional.

Separation of Powers

Constitutional principle dividing government authority among legislative, executive, and judicial branches.

Ethics

Guiding principles of right and wrong that influence individual and group behavior.

Business Ethics

Application of ethical principles to business decisions and conduct.

Moral Minimum

The minimum level of ethical behavior required by law.

Rights/Duties Ethical System

Ethical theory focused on inherent duties and rights (e.g., Kantianism).

Consequentialism

Ethical theory focused on the outcomes or consequences of actions.

Utilitarianism

Ethical theory promoting actions that provide the greatest good for the greatest number.

Code of Ethics

A set of formalized rules and standards describing expected behavior.

Social Responsibility

The idea that businesses have obligations beyond profit maximization to society.

Stakeholder Model

CSR model emphasizing responsibility to all stakeholders.

Triple Bottom Line

Measuring business success in terms of profit, people, and planet.

Legal Reasoning

Process of applying law to specific facts to reach a conclusion.

Deductive Reasoning

Logical process based on major premise, minor premise, and conclusion.

Analogical Reasoning

Reasoning by comparing current and past similar situations.

Trial Court

Court where a case is first heard, witnesses testify, and evidence is presented.

Reviewing Court

Appellate court reviewing legal errors made in trial court.

Jury

Group of citizens determining questions of fact in a trial.

Jurisdiction

Court’s legal authority to hear and decide a case.

Venue

Geographic location where a lawsuit is tried.

Equity

Branch of law providing remedies other than monetary damages.

Standing to Sue

Legal right to bring a lawsuit by having a sufficient stake in the matter.

Class Action

Lawsuit brought by one or more persons on behalf of a larger group.

Summons

Legal notice to a defendant that a lawsuit has been filed.

Long-Arm Statute

Law allowing courts to exercise jurisdiction over out-of-state defendants with sufficient contacts.

Minimum Contacts

Standard to determine if personal jurisdiction over a nonresident is fair.

Pleadings

Documents filed with the court that establish the issues in a lawsuit.

Complaint

Document initiating a lawsuit, stating the claims.

Answer

Defendant’s response to a complaint.

Discovery

Pretrial process to obtain evidence from the other party.

Deposition

Sworn testimony of a witness taken before trial.

Interrogatories

Written questions answered under oath during discovery.

Mediation

Nonbinding process where a neutral third party helps parties reach a settlement.

Arbitration

Binding process where a neutral third party renders a final decision.

Tort

A civil wrong causing injury to person or property.

Compensatory Damages

Monetary compensation to restore injured party’s position.

Punitive Damages

Monetary damages to punish and deter wrongful conduct.

Negligence

Failure to exercise reasonable care resulting in harm.

Strict Liability

Liability without fault for dangerous activities or defective products.

Contract

A legally enforceable promise or set of promises.

Offer

Proposal to do or refrain from doing something.

Acceptance

Agreement to the terms of an offer.

Consideration

Something of value exchanged to support a contract.

Bilateral Contract

Promise exchanged for a promise.

Unilateral Contract

Promise exchanged for performance.

Express Contract

Contract formed through words (oral or written).

Implied-in-Fact Contract

Contract formed by conduct.

Void Contract

Agreement with no legal effect.

Voidable Contract

Valid contract that may be legally avoided by one party.

Executed Contract

Contract fully performed by both parties.

Employment at Will

Doctrine allowing termination by either party at any time for any legal reason.

Public Policy Exception

Protection from termination when acting within legal rights or refusing illegal acts.

Independent Contractor

Worker who controls how work is performed, not an employee.

Fair Labor Standards Act (FLSA)

Law governing minimum wage, overtime, and child labor.

Family and Medical Leave Act (FMLA)

Law providing unpaid leave for family or medical reasons.

Occupational Safety and Health Act (OSHA)

Law ensuring workplace safety.

Workers’ Compensation

State insurance providing benefits for work-related injuries.

National Labor Relations Act (NLRA)

Law protecting union and collective bargaining rights.

Collective Bargaining

Negotiation between employer and union representatives.

Title VII

Federal law prohibiting employment discrimination based on race, color, religion, sex, or national origin.

Equal Employment Opportunity Commission (EEOC)

Federal agency enforcing employment discrimination laws.

Disparate Treatment

Intentional employment discrimination.

Disparate Impact

Unintentional discrimination from neutral policies.

Constructive Discharge

Forcing an employee to quit by creating intolerable working conditions.

Retaliation

Adverse action taken against an employee for reporting discrimination.

Age Discrimination in Employment Act (ADEA)

Law protecting workers aged 40 and older.

Americans with Disabilities Act (ADA)

Law requiring reasonable accommodation for qualified individuals with disabilities.

Quid Pro Quo Harassment

Conditioning job benefits on sexual favors.

Hostile Work Environment

Unwelcome conduct creating an offensive work setting.

Reasonable Accommodation

Adjustment made by an employer to enable employee’s work.

Undue Hardship

Significant difficulty or expense imposed by accommodation.

Res Ipsa Loquitur

The principle that the occurrence of an accident implies negligence.

Vicarious Liability

One party can be held legally responsible for another’s wrongful acts.

Defamation

False, harmful statements that damage an individual person's reputation. Includes two main forms: slander (oral) and libel (written).

Disparagement

False statements about a company’s products, services, or business reputation, causing economic or financial loss.

Nuisance

Unreasonable interference with another’s use and enjoyment of their property often through noise, pollution, odors, or vibrations.

Assumption of Risk

A situation where a person knowingly and voluntarily accepts the inherent risks of a dangerous activity, thus absolving the defendant of liability.

Injunction

A court order compelling someone to either start or stop performing a specific action.