Business Law Exam #1 (MGMT 246-05)

crime

breach of your duty (obligation) to a society

ex. rob or steal

tort

civil wrongdoing between people

ex. negligence/defamation

What is defamation?

A statement that reduces or injures a person's reputation in a community.

How can defamation be expressed?

- It can be done verbally or in writing.

- verbal (slander)

- written (libel)

- must know the identity of the person for defamation to occur

must be heard or read

What are the classification of crimes?

felony- any crime punishable by one year or more at a state penitentiary

misdemeanor- when not a felony it is a misdemeanor, it is a crime less serious than a felony

infraction- a violation or infringement of law, rule, or agreement

Commission (mental intent)

actively or being authorized to perform an act that is considered illegal or harmful.

Omission - negligence - (mental intent)

failing to take necessary action when legally obligated to do so, can sometimes lead to criminal liability depending on the situation.

What is an example of commission?

a police officer being "commissioned" to investigate a crime, or a government agency establishing a special commission to study a particular issue, giving them the power to gather information and make recommendations.

what is an example of omission?

parent fails to provide basic necessities like food or medical care to their child, resulting in harm to the child, as this constitutes a failure to act when there is a legal duty to do so, which can be considered a crime of omission.

What are the various crimes?

- larceny

- robbery

- burglary

- arson

- forgery

- cyber theft

What is larceny?

the wrongful taking and carrying away of the personal property of another with the INTENT to permanently deprive the owner thereof

ex. shoplifting, pocketpickigg, and stealing a bicycle

What is robbery?

larceny with force or threat of force (larceny + force)

ex. breaking a car window to steal items, taking a wallet with force, stopping someone to steal

What is Burglary?

breaking and entering the dwelling house of another AT NIGHT with the INTENT to commit a felony therein (must include at night component)

What is arson?

intentional or attempted burning of the dwelling house of another

ex. setting fire to a neighbor's house, starting a fire in an illegal place, burning someone's motor vehicle

What is forgery?

the fraudulent making or altering of a document

ex. creating fake documents, forging someone else's signature, duplicating art to sell

What is cyber theft?

obtaining, altering, spying and other fraudulent acts involving electronic/computer information

ex. fake toll road messages (scams)

What are some defenses (legal excuse) to crimes?

- self-defense

- insanity, infancy, and intoxication

- immunity

- statute of limitations

- double jeopardy (5th amendment)

Self-defense

allows an individual to use force to protect themselves or others from harm

Insanity, Infancy, Intoxication

based on the idea that the defendant lacked the copacity to be held reasonable for their actions

Insanity

insane person who committed a crime, can't tell what's right or wrong

Infancy

underage individual and incapable of deciding what's right or wrong

Intoxication

an intoxicated person who is incapable of making decisions

Statute of Limitations

limits the amount of time that can pass before legal action can be taken in a civil or criminal case (depends on case type & jurisdiction)

Double Jeopardy (5th Amendment)

prevents anyone from being tried twice for the same crime

Torts vs. Crimes

Torts are private wrongdoings (to a person) and Crimes are public wrongdoings (to a society)

What are the various torts?

- intentional infliction of emotional distress

- fraud

- defamation

- interference with contractual relations

- invasion of privacy

- trespass

- assault and battery

Intentional infliction of emotional distress

an intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm

ex. an abusive workplace, public humiliation, etc.

Fraud

wrongful or criminal deception (lying)

Interference with Contractual Relations

intentional damage of a business relationship between two other parties

Invasion of privacy

includes physical intrusion, the misuse of a person's name or image, or the publication of private information, going through someones phone. (the right to be left alone)

Trespass

entering another person's property without the permission (tort against property)

*intentional or unintentional

Assault

attempted battery (threat of harm)

*not on exam

Battery

the harmful or offensive un-consented touching (the actual act of causing harm)

Negligence

failure to act as a reasonable person would act under similar circumstances (not acting with appropriate care expected during a given situation, causing someone harm)

Defenses to Negligence

- assumption of the risk

- contributory negligence

- comparative negligence

Assumption of the risk

plaintiff was aware of known danger and voluntarily chose to participate despite that risk (accepted/consented risk by taking part in the activity - cannot sue)

What is contributory negligence?

A legal defense that may be raised when the defendant feels that the conduct of the plaintiff contributed to their injuries or damages.

What does contributory negligence imply about the plaintiff's responsibility?

The plaintiff was partially responsible for their own risk.

What happens if a plaintiff participates in their own injury under contributory negligence?

They may receive nothing in damages.

What is comparative negligence?

A legal doctrine where the defendant argues that the plaintiff was also partially at fault for their injuries.

How does comparative negligence affect a plaintiff's compensation?

The plaintiff's compensation is reduced based on their percentage of responsibility for the accident.

What does comparative negligence allow the court to do?

It allows the court to assign blame and damages based on each party's degree of fault.

Does comparative negligence completely bar recovery if the plaintiff contributed to the injury?

No, it does not completely bar recovery; it considers the degree of fault from both parties.

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Legislative Branch

Makes laws

Executive Branch

Enforces/carries out laws

(President/Vice President)

Judicial Branch

Interprets the laws (decides if laws are constitutional)

Ex. Supreme Court + lower courts

Court System

Responsible for the interpretation of laws (Judicial Branch - Supreme Courts, Courts of Appel, Superior/Trial Courts)

Due Process (5th Amendment)

addresses various areas including: the government (city, country, state, or federal) cannot deprive people of their life, liberty, or property without "due process", which means people have the right to defend themselves from government action against them.

Law

rules that provide a structure to a society

- all societies have rules

- laws are crated by the people and don't need to make sense

Common Law (exam focus)

a legal system based on custom and court rulings

Modern Law

rules of law that have changed because society has changed

Code law

written set of laws by legislative branch (generally accepted law)

Case law

court decision by judge (collection of court rulings), written law passed by government

Miscellaneous - other legal systems

- criminal law - jail or death

- other parts of the world have their own traditions and customs

Courts

judge who has authority to hear and decide disputes (all courts are not the same because they have different jurisdiction)

Jurisdiction

"power" or "authority" for a particular court to decide the dispute

Venue

place or here the dispute will be handled

Original Jurisdiction

courts in which trial begins (being heard for the first time), it is the power of court to hear the case for the first time.

*involves federal question

Appellate Jurisdiction

power of a higher court to review and change the decision of a lower court (act as reviewing court)

*both civil and criminal crimes

General Jurisdiction

authority of a court to hear any case that isn't assigned to another court (can hear anything)

*both civil and criminal cases

Limited Jurisdiction

courts authority to only hear cases on specific subjects (ex. federal courts, tax courts

State Court System

A state judicial structure. Most states have at least three court levels: trial courts, appellate courts, and a state supreme court. Includes court of jurisdiction on state side.

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. Includes court of jurisdiction on the federal side.

Court Procedure (not on exam)

1. plaintiff files complaint

2. service of process (document is served)

3. answer (other response) what defendant does

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process