Business & Personal Law Finals Study Guide

laws

Rules created and enforced by the government to protect people, property, rights.

ethics

Principles that help people determine what is right and wrong.

beneficence

Doing what is helpful and beneficial to others.

least harm

Choosing the option that causes the least amount of harm.

respect of autonomy

Respecting an individual's right to make their own decisions.

justice

Making decisions that are fair to everyone involved.

utilitarianism

Creates the greatest good for the greatest number of people.

Rights Ethics

Decisions that protect individual rights and freedoms.

Virtue(Fairness) Ethics

Decisions based on fairness, justice, and good character.

Deontology

Decisions based on duties, rules, and responsibilities.

Personal Code of Ethics

Personal values, morals, and beliefs that guide decisions.

Workplace Code of Ethics

Guidelines that explain expected ethical behavior in the workplace.

Honesty

Being truthful in your actions and words.

Integrity

Doing the right thing even when no one is watching.

Principles

Fundamental beliefs that guide decisions and behavior.

morals

Personal beliefs about what is right and wrong.

criminal law

Laws involving crimes against society that may result in fines or jail.

civil law

Disputes between individuals or organizations that usually involve money damages.

judge

Neutral decision-maker who applies the law and oversees court proceedings.

jury

Group of citizens who review evidence and determine facts in a case.

trial jury

Jury that determines the outcome of a trial.

Grand Jury

Determines whether enough evidence exists to charge someone with a serious crime

Lawyer/Attorney

Legal professional who represents and advises clients.

Witness

Person who provides testimony or information about a case.

Federal Courts

Hear cases involving federal laws, the Constitution, or disputes between states.

State Courts

Courts that handle most criminal and civil cases in the United States.

District Court

Trial court that hears many criminal and civil cases.

Superior Court

Court that handles more serious criminal and civil matters.

Probate & Family Court

Court that handles divorce, custody, wills, and estates.

Housing Court

Court that resolves landlord-tenant and housing disputes.

Land Court

Court that handles property ownership and land disputes.

Appeals Court

Court that reviews decisions made by lower courts.

Supreme Judicial Court (SJC)

Highest court in Massachusetts.

Witness Testimony, Physical Evidence, Documents / Records, Photographs

Videos, Expert Testimony

Types of evidence

Burden of Proof

Responsibility to prove a claim in court.

Beyond a reasonable doubt

Highest burden of proof used in criminal cases.

Stages of the Trial Process

Opening Statement, Presentation of Evidence, Cross-Examination,

Closing Arguments, Jury Deliberation, Verdict

Constitution

Highest law of the land that creates government structure and protects rights.

Statues

Laws created and passed by legislatures.

Administrative law

Rules and regulations created by government agencies.

Common law

Law developed through court decisions and legal precedent.

precedent

Earlier court decisions used to guide future cases.

Legislative branch

Creates laws.

executive branch

Enforces laws.

judicial branch

Interprets laws.

separation of powers

Divides government power among three branches.

Checks and Balances:

Prevents one branch from becoming too powerful.

first amendment

Protects freedom of speech, religion, and expression.

Fourth Amendment

Protects people from unreasonable searches and seizures.

probable cause

Strong evidence or facts suggesting a crime has occurred.

Reasonable Suspicion

Specific facts that suggest someone may have violated a rule or law.

Fourteenth Amendment

Guarantees equal protection and fair treatment under the law.

Equal Protection

Principle that people in similar situations must be treated equally

FTC

Federal agency that investigates unfair, deceptive, and fraudulent business practices.

Consumer Fraud

Intentionally misleading consumers for financial gain.

Right to Safety

Protection from dangerous products and services.

Right to be Informed

Protection from false or misleading information.

Right to Choose

Access to a variety of products and services at competitive prices.

Right to Be Heard

Ability for consumer concerns to be considered.

Right to Education

Access to information needed to make informed consumer decisions.

Right to Redress

Right to receive compensation or solutions for faulty products or services.

EEOC

Federal agency that enforces laws against workplace discrimination.

OSHA

Federal agency that promotes and enforces workplace safety standards.

ADA

Law that protects individuals with disabilities from discrimination.

Negligent Tort

A civil wrong caused by careless behavior that results in harm.

Duty (of Care)

Responsibility to act as a reasonable person would under similar circumstances.

Breach

Failure to meet the required duty of care.

Cause-in-Fact

The injury would not have occurred without the defendant's actions.

proximate cause

The harm was a foreseeable result of the defendant's actions.

Reasonable Person

Standard used to compare behavior to what a careful person would do.

Intentional Tort

Deliberate act that causes harm to another person.

Assault

Causing fear of immediate harm.

Battery

Harmful or offensive physical contact.

Defamation

False statement that harms a person's reputation.

Libel

Written defamation.

Slander

Spoken defamation

Trespass

Entering another person's property without permission.

Fraud / Misrepresentation

Intentional false statement that causes another person a loss.

False Imprisonment

Restricting someone's movement without consent or legal authority.

IIED

Intentional Infliction of Emotional Distress through extreme or outrageous conduct.

Transferred Intent

Intent aimed at one person transfers to the actual victim.

Defenses

Consent, Self-Defense, Privilege, Truth

Strict Liability

Responsibility for harm even without proving negligence or intent.

Product Liability, Abnormally Dangerous Activities, and Wild Animals.

PAW

Types of Product Liability

Manufacturing Defect, Design Defect, Warning Defect

Abnormally Dangerous Activity

Activity with a high risk of serious harm.

Wild Animals

Owners may be held liable for injuries caused by dangerous wild animals

Compensatory Damages

Money awarded to cover actual losses

Punitive Damages

Money intended to punish wrongful conduct and discourage future behavior.

Nominal Damages

Small amount awarded when little actual harm occurred.

Contract

Legally binding agreement between two or more parties.

6 Elements of a Contract:

Offer, Acceptance, Consideration, Legality, Capacity, Mutuality

Valid Contract

Contract that meets all legal requirements and can be enforced.

Void Contract

Contract with no legal effect that cannot be enforced

Voidable Contract

Contract that may be canceled by one party.

Clause

Specific provision or rule contained within a contract.

ADR Clause

Contract clause explaining how disputes will be resolved.

Breach of Contract

Failure to perform a contractual duty or obligation.

Minor Breach

Failure that does not prevent the main purpose of the contract.

Material Breach

Failure that prevents the main purpose of the contract from being completed.