Business Law 1st Term Final 2023

What is the Golden Rule principle?

Treat others like you want to be treated.

Know facts about the U.S. Constitution.

Supreme Law of the Land

executive

judiciary

Know facts about State Constitutions.

States come up with their own laws

but they cannot go against the constitution; the laws can be more restrictive/protective

What are the BIll of Rights?

The 1st ten amendments.

4th Amendment

probable cause for search & seizure

5th Amendment

don't have to be a witness against yourself in a criminal case;double jeopardy protective;equal protection of the accused.

6th Amendment

Right to cancel; right to a speedy and fair trial.

7th Amendment

right to a jury trial.

14th Amendment

States follow equal protection clause of the accused

due process.

26th Amendment

18 year olds can vote.

What is the U.S. law system based upon?

English common law

Who has the final authority regarding the constitutionality of laws?

The supreme court of the united states

What are the court systems in the U.S.?

State & Federal

What is the highest court in the U.S.?

U.S. Supreme Court

Where do most cases start in the federal court system?

U.S. District Courts

Where do most cases start in the state court system?

Lower (Local) Trial Courts

With which court system do most cases begin?

State

What court system hears criminal cases?

Both state & federal

What type of cases does the intermediate courts hear?

Appeals from lower courts

What are appeals based on?

An appeal is a request to a higher court to reverse a lower court's decision.

How do the U.S. Supreme Court justices decide which cases to hear?

They vote 4 out of 9 on cases they will hear

Know differences between a civil trial and a criminal trial.

Civil trials are over non

criminal disputes

the plaintiff is the person who brings the action (complainer) Defendant is the person who is the object of the complaint. Burden of Proof

plantiff's evidence must be slightly more convincing than the defendant's. (Preponderance of the Evidence)

greater than 50%. The punishment is monetary compensation for damages and injunctions.

Criminal trials are over criminal disputes where a person is accused of committing a crime

the Prosecutor is the party doing the accusing/represents the government and people in general. Defendant is the person accused of the crime. Burden of proof is that the prosecutor must convince the judge or jury beyond a reasonable doubt

How does a criminal trial start?

An arrest

How does a civil trial start?

Pleadings

What is an arraignment?

Arranging someone in court

What happens during the arraignment process?

Suspect brought before the court

The judge may dismiss the charges or bring formal charges

The suspect enters a plea

What is a jury trial?

Decides the case and the verdict

What are the steps of a jury trial?

Choosing jury members

What is a petit jury?

Trial jury that determines if one is guilty or not guilty

What is a grand jury?

Jury of inquiry that conducts a private hearing to determine if one must stand trail

What is an indictment?

A written accusation charging the individual

What is burden of proof?

Which party has the responsibility of actually proving his/her side of the story and how convincingly he/she must prove it

Who has burden of proof in a criminal case?

prosecutor

Who has burden of proof in a civil case?

plaintiff

Who must be convincing beyond a reasonable doubt?

Prosecutor in a criminal trial

When does a police officer need a search warrant?

A police officer needs a search warrant when he is entering any property randomly without a reason such as plain view.

When does he NOT need a search warrant?

When a police officer believes a person has committed or is committing a crime in their presence

Know the Miranda Rights (4 Rights).

Be told what crimes they are being arrested for

What is a crime?

An offense against society as a whole

Know the definition to crimes against people.

Crimes targeting people

Know the characteristics to crimes against people.

Bodily harm

Know the definition to crimes against property

Crimes against people's belongings

Know the characteristics to crimes against property

Robbery

Know the definition to crimes against businesses.

crimes committed against company

Know the characteristics to crimes against businesses.

crimes committed against company

What are the 3 classes of crimes?

Felonies

What is a felony?

Major

What is a misdemeanor?

Minor

What are the 4 most used defenses discussed?

innocence

defense

insult

What is needed for each defense to be a valid defense in a court of law?

All elements

What is due process?m a requirement that legal matters be resolved according to established rules

What are some of your due process rights?

No illegal search or seizure of evidence

What happens if your due process rights are violated?

You have grounds for an appeal

What are the differences between torts and crimes?

Tort is a wrong against a person while a crime is a wrong against society

What is a tort?

A wrong against an individual

What is the most common tort?

negligence

What is negligence?

When one person carelessly injures another person

What are the 4 elements of negligence?

Duty of care

What is Duty of care?

Duty of care is when the defendant owed the plaintiff a duty of care to not violate the plaintiff's rights and to use a reasonable standard of care

What is Breach?

Breach is when the defendant breaks the duty of care and the "reasonable person" objective test.

What is Proximate Cause?

Proximate Cause is when the plantiff's injury was a result of the defendant's action(s) (foreseeability test)

What is Actual Harm?

Actual Harm is when the plaintiff suffers actual harm (financial loss

What are the 4 defenses to negligence?

Attack & eliminate one of the four elements

What is Attack and Eliminate one of the four elements?

Attack and Eliminate one of the four elements means you are able to prove that one of the four elements didn't occur.

What is contributory negligence?

defendant proves plaintiff's own negligence (unfair

What is comparative negligence?

negligence of each party is compared

What is assumption of risk?

the plaintiff knew the risk and took the chance of being injured

How does comparative negligence work?

Negligence of each party is compared and plaintiff's recovery is reduced by the percent of his negligence

What is the tort of strict liability?

Some activities are so dangerous that liability will always follow any injury that results from those activities

What are compensatory damages?

Monies awarded to the injured party to compensate for loss caused by a tort

What are punitive damages?

Additional monies awarded when acts are done with malice or gross negligence

What was the defense used in the McDonald's case?

Comparative Negligence

Who was the plaintiff and who was the defendant in the McDonald's case?

The plaintiff was Linda Beck

What was the outcome of the McDonald's case?

The outcome was a final settlement that has never been released to the public.

What type of damages was the plaintiff awarded in the McDonald's case?

The plaintiff was awarded both punitive and compensatory damages.

What are the 6 elements of all contracts that make them legally binding?

Offer

Know about all the characteristics of a contract.

Valid contract

Be able to identify unilateral and bilateral contracts.

Unilateral

contract that contains a promise by only one party

bilateral

contract that contains a promise by two parties

Know the 3 requirements of an offer. Know about each of those 3 requirements.

The offeror must have serious intent.

Know what is required for proper acceptance.

Unconditional

Can the offeror specify when and how acceptance is to be made?

Yes

Does silence normally make for good acceptance?

No

When can silence be acceptance?

In a continuing relationship where silence is agreed to in advance as acceptance such as amazon prime

Know the ways an offer can end.

Revocation

When can an offer be revoked or modified?

An offer can be revoked or modified as long as it is expressed to the offeree.

What is a counteroffer?

Offer the offeree makes to counter the original offer

What is the majority age (nationwide)?

18

What are 3 reasons why minors can disaffirm contracts?

Minors are inexperienced

If a minor disaffirms a contract

how does the minor handle returning merchandise?

Is it alright for minors to misrepresent their age?

No