Business Law 1st Term Final 2023

0.0(0)
studied byStudied by 3 people
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
Card Sorting

1/108

flashcard set

Earn XP

Description and Tags

10th

Study Analytics
Name
Mastery
Learn
Test
Matching
Spaced

No study sessions yet.

109 Terms

1
New cards
What is the Golden Rule principle?
Treat others like you want to be treated.
2
New cards
Know facts about the U.S. Constitution.
Supreme Law of the Land
3
New cards
executive
judiciary
4
New cards
Know facts about State Constitutions.
States come up with their own laws
5
New cards
but they cannot go against the constitution; the laws can be more restrictive/protective

6
New cards
What are the BIll of Rights?
The 1st ten amendments.
7
New cards
4th Amendment
probable cause for search & seizure
8
New cards
5th Amendment
don't have to be a witness against yourself in a criminal case;double jeopardy protective;equal protection of the accused.
9
New cards
6th Amendment
Right to cancel; right to a speedy and fair trial.
10
New cards
7th Amendment
right to a jury trial.
11
New cards
14th Amendment
States follow equal protection clause of the accused
12
New cards
due process.

13
New cards
26th Amendment
18 year olds can vote.
14
New cards
What is the U.S. law system based upon?
English common law
15
New cards
Who has the final authority regarding the constitutionality of laws?
The supreme court of the united states
16
New cards
What are the court systems in the U.S.?
State & Federal
17
New cards
What is the highest court in the U.S.?
U.S. Supreme Court
18
New cards
Where do most cases start in the federal court system?
U.S. District Courts
19
New cards
Where do most cases start in the state court system?
Lower (Local) Trial Courts
20
New cards
With which court system do most cases begin?
State
21
New cards
What court system hears criminal cases?
Both state & federal
22
New cards
What type of cases does the intermediate courts hear?
Appeals from lower courts
23
New cards
What are appeals based on?
An appeal is a request to a higher court to reverse a lower court's decision.
24
New cards
How do the U.S. Supreme Court justices decide which cases to hear?
They vote 4 out of 9 on cases they will hear
25
New cards
Know differences between a civil trial and a criminal trial.
Civil trials are over non
26
New cards
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
27
New cards
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.
28
New cards
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
29
New cards
How does a criminal trial start?
An arrest
30
New cards
How does a civil trial start?
Pleadings
31
New cards
What is an arraignment?
Arranging someone in court
32
New cards
What happens during the arraignment process?
Suspect brought before the court
33
New cards
The judge may dismiss the charges or bring formal charges
The suspect enters a plea
34
New cards
What is a jury trial?
Decides the case and the verdict
35
New cards
What are the steps of a jury trial?
Choosing jury members
36
New cards
What is a petit jury?
Trial jury that determines if one is guilty or not guilty
37
New cards
What is a grand jury?
Jury of inquiry that conducts a private hearing to determine if one must stand trail
38
New cards
What is an indictment?
A written accusation charging the individual
39
New cards
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
40
New cards
Who has burden of proof in a criminal case?
prosecutor
41
New cards
Who has burden of proof in a civil case?
plaintiff
42
New cards
Who must be convincing beyond a reasonable doubt?
Prosecutor in a criminal trial
43
New cards
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.
44
New cards
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
45
New cards
Know the Miranda Rights (4 Rights).
Be told what crimes they are being arrested for
46
New cards
What is a crime?
An offense against society as a whole
47
New cards
Know the definition to crimes against people.
Crimes targeting people
48
New cards
Know the characteristics to crimes against people.
Bodily harm
49
New cards
Know the definition to crimes against property
Crimes against people's belongings
50
New cards
Know the characteristics to crimes against property
Robbery
51
New cards
Know the definition to crimes against businesses.
crimes committed against company
52
New cards
Know the characteristics to crimes against businesses.
crimes committed against company
53
New cards
What are the 3 classes of crimes?
Felonies
54
New cards
What is a felony?
Major
55
New cards
What is a misdemeanor?
Minor
56
New cards
What are the 4 most used defenses discussed?
innocence
57
New cards
defense
insult
58
New cards
What is needed for each defense to be a valid defense in a court of law?
All elements
59
New cards
What is due process?m a requirement that legal matters be resolved according to established rules

60
New cards
What are some of your due process rights?
No illegal search or seizure of evidence
61
New cards
What happens if your due process rights are violated?
You have grounds for an appeal
62
New cards
What are the differences between torts and crimes?
Tort is a wrong against a person while a crime is a wrong against society
63
New cards
What is a tort?
A wrong against an individual
64
New cards
What is the most common tort?
negligence
65
New cards
What is negligence?
When one person carelessly injures another person
66
New cards
What are the 4 elements of negligence?
Duty of care
67
New cards
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
68
New cards
What is Breach?
Breach is when the defendant breaks the duty of care and the "reasonable person" objective test.
69
New cards
What is Proximate Cause?
Proximate Cause is when the plantiff's injury was a result of the defendant's action(s) (foreseeability test)
70
New cards
What is Actual Harm?
Actual Harm is when the plaintiff suffers actual harm (financial loss
71
New cards
What are the 4 defenses to negligence?
Attack & eliminate one of the four elements
72
New cards
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.
73
New cards
What is contributory negligence?
defendant proves plaintiff's own negligence (unfair
74
New cards
What is comparative negligence?
negligence of each party is compared
75
New cards
What is assumption of risk?
the plaintiff knew the risk and took the chance of being injured
76
New cards
How does comparative negligence work?
Negligence of each party is compared and plaintiff's recovery is reduced by the percent of his negligence
77
New cards
What is the tort of strict liability?
Some activities are so dangerous that liability will always follow any injury that results from those activities
78
New cards
What are compensatory damages?
Monies awarded to the injured party to compensate for loss caused by a tort
79
New cards
What are punitive damages?
Additional monies awarded when acts are done with malice or gross negligence
80
New cards
What was the defense used in the McDonald's case?
Comparative Negligence
81
New cards
Who was the plaintiff and who was the defendant in the McDonald's case?
The plaintiff was Linda Beck
82
New cards
What was the outcome of the McDonald's case?
The outcome was a final settlement that has never been released to the public.
83
New cards
What type of damages was the plaintiff awarded in the McDonald's case?
The plaintiff was awarded both punitive and compensatory damages.
84
New cards
What are the 6 elements of all contracts that make them legally binding?
Offer
85
New cards
Know about all the characteristics of a contract.
Valid contract
86
New cards
Be able to identify unilateral and bilateral contracts.
Unilateral
87
New cards
contract that contains a promise by only one party
bilateral
88
New cards
contract that contains a promise by two parties

89
New cards
Know the 3 requirements of an offer. Know about each of those 3 requirements.
The offeror must have serious intent.
90
New cards
Know what is required for proper acceptance.
Unconditional
91
New cards
Can the offeror specify when and how acceptance is to be made?
Yes
92
New cards
Does silence normally make for good acceptance?
No
93
New cards
When can silence be acceptance?
In a continuing relationship where silence is agreed to in advance as acceptance such as amazon prime
94
New cards
Know the ways an offer can end.
Revocation
95
New cards
When can an offer be revoked or modified?
An offer can be revoked or modified as long as it is expressed to the offeree.
96
New cards
What is a counteroffer?
Offer the offeree makes to counter the original offer
97
New cards
What is the majority age (nationwide)?
18
98
New cards
What are 3 reasons why minors can disaffirm contracts?
Minors are inexperienced
99
New cards
If a minor disaffirms a contract
how does the minor handle returning merchandise?
100
New cards
Is it alright for minors to misrepresent their age?
No