BLAW Exam 1

Public law

Laws about government and how it interacts with people (e.g., constitutional, criminal).

Civil law

Laws about disputes between people or businesses (money or rights).

Criminal law

Laws about crimes against society (punishment like jail or fines).

Statutory Law

Laws written and passed by legislatures.

Model laws

Suggested laws states can choose to adopt.

Case Law

Law created by judges’ decisions in court cases.

Precedent

A past court decision that guides future cases.

Stare decisis

The rule that courts should follow precedent (“let the decision stand”).

Originalism

The idea that the Constitution should be interpreted as the framers originally intended.

Legal Realism

The view that law depends on how judges and officials actually enforce it, not just what’s written.

Ethical Dilemma

A tough choice where no option is clearly right or wrong.

Public disclosure test

Would you be okay if everyone knew what you did?

Golden Rule test

Treat others the way you want to be treated.

Universalization test

Would the world be okay if everyone acted this way?

WH process

A framework asking: Who is affected? How should I act?

Values

Core beliefs about what is important or right.

Business ethics

Applying ethics to business decisions.

Wells Fargo example

Employees opened fake accounts to meet sales goals → shows lack of ethics.

Stakeholders

Anyone affected by a business (customers, workers, community, etc.).

Business law and business ethics

Law is what you must do; ethics is what you should do.

Primary values

Freedom, security, justice, efficiency.

Social responsibility of business

Business should also care about society, not just profits.

In personam jurisdiction

Courts power over the people in a case.

Complaint

The first paper filed to start a lawsuit.

Long arm statue

Let’s a state court reach someone out of state if they have ties there.

Subject matter jurisdiction

Court’s power to hear the type of case (criminal, civil, bankruptcy, etc.).

Federal question jurisdiction

Case involves U.S. law or Constitution.

Diversity of citizenship jurisdiction

Case between people from different states and over $75,000.

Venue

The most proper location for a trial.

Standing

You must directly be affected to sue.

Service of process

Delivering the lawsuit papers to the defendant.

Default judgement

When the defendant doesn’t respond, plaintiff automatically wins.

Answer

Defendants response to a complaint.

Discovery

Both sides gather evidence before trial.

Interrogatories

Written questions one side must answer in writing.

Request to produce documents

Asking the other side to hand over documents.

Deposition

When a witness or party in a lawsuit answers questions under oath before trial.

Motion for summary judgment

Asking the judge to decide without trial because facts aren’t disputed.

Void dire

Questioning jurors to see if they’re unbiased.

Peremptory challenge

Kicking a juror off without giving a reason.

Directed verdict

Judge ends trial early if one side has no legal case.

Prejudicial error

A big mistake in trial that affects the outcome.

Writ of certiorari

Supreme Court agreeing to hear a case.

Mediation

Neutral third party helps people settle.

Arbitation

Neutral third party. Makes a binding decision.

Binding arbitration clause

A contract term requiring disputes to go to arbitration.

Appellate court

Reviews trials courts decision; has no witnesses, just legal arguments.

Assault

Threat of immediate harm (making someone afraid)

Battery

Unwanted physical contact.

Defamation

False statement that harms reputation.

Conditional privilege

Limited protection for making certain statements (e.g., job references).

Actual malice

Knowing something is false or action with reckless disregard for truth.

Public figure privilege

Harder for celebrities/politicians to sue for defamation.

Trespass to realty

Entering someone’s land without permission.

Private nuisance

Using your land in a way that interferes with neighbors.

Conversion

Taking or using someone else’s property as if it’s yours.

Disparagement

False statement about a business’s products/services.

Intentional interference with contract

Wrongfully making someone break a contract.

Unfair competition

Dishonest business practices to hurt competitors.

Fraudulent misrepresentation

Lying to trick someone into a deal.

Negligence

Carelessness that harms others.

Proximate cause

The harm must be closely linked to the careless act.

Compensatory damages

Money to make up for actual loss.

Punitive damages

Extra money meant to punish bad behavior.

Res ipsa loquitur

“The thing speaks for itself” A rule used in negligence cases when the accident wouldn’t happen unless someone is negligent.

Negligence per se

Breaking a law counts as automatic negligence.

Contributory negligence

If plaintiff is partly at fault, they get nothing.

Last clear chance doctrine

If someone could have avoided an accident at the very last moment but didn’t, they can be held responsible, even if the other person was also careless.

Pure comparative negligence

Damages reduced by plaintiffs fault percentage.

Example: if you’re 30% at fault and the other person is 70% at fault, you can still recover 70% of the damages.

Modified comparative negligence

Plaintiff recovers only if less than 50% at fault.

Assumption of the risk

if you knowingly take a risk, you can’t sue.

Strict liability

automatic responsibility for dangerous activities/ products.

Real property

Land and buildings

Personal property

movable objects

Free simple absolute

Full ownership of land forever

Life estate

Ownership only for your lifetime.

Future interest

Right to own land in the future.

Leasehold

Right to use land/building for a set time (like renting).

Easement

Right to use someone’s land for a purpose (driveway).

Profit

Right to take something from someone’s land (timber).

License

Permission to use land temporarily (concert ticket).

Adverse possession

Gain land by openly using it long enough without permission.

Condemnation

Government takes private land for public use (must pay owner).

Trade mark

A brand name, logo, or symbol that identifies a business.

Trade dress

Unique look/packing that identifies a product.

Copyright

protection for creative works (books, art, music)

Fair use doctrine

Limited use of copyrighted material allowed (teaching, parody, research).

Patent

protection for inventions and processes.

Trade secret

Business info kept secret for advantage (Coca-cola recipe).