Business Law 1st Term Final 2023

Chapter 1

1. What is the Golden Rule principle?

• Treat others like you want to be treated.

1. Know facts about the U.S. Constitution.

• Supreme Law of the Land
• Gives Fundamental rights to our citizens
• Defines the limits the government has to pass laws
• Describes functions of the 3 branches of government-executive, judiciary, legislative
• 7 Articles & 27 Amendments
• 1st Ten Amendments are the Bill of Rights

1. 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

1. What are the BIll of Rights?

• The 1st ten amendments.

1. Know the Amendments: 5, 14, 4, 6, 7, 26.

• 4th - probable cause for search & seizure, 5th - don't have to be a witness against yourself in a criminal case;double jeopardy protective;equal protection of the accused. 6th - Right to cancel; right to a speedy and fair trial. 7th - right to a jury trial. 14th - States follow equal protection clause of the accused - due process. 26th - 18 year olds can vote.

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

• English common law

1. Who has the final authority regarding the constitutionality of laws?

• The supreme court of the united states

Chapter 1-2

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

• State & Federal

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

• U.S. Supreme Court

1. Where do most cases start in the federal court system?

• U.S. District Courts

1. Where do most cases start in the state court system?

• Lower (Local) Trial Courts

1. With which court system do most cases begin?

• State

1. What court system hears criminal cases?

• Both state & federal

1. What type of cases does the intermediate courts hear?

• Appeals from lower courts

1. What are appeals based on?

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

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

• They vote 4 out of 9 on cases they will hear

1. 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, the judge or jury must be at least 95% sure of the prosecutor.

1. How does a criminal trial start?

• An arrest

1. How does a civil trial start?

• Pleadings

1. What is an arraignment?

• Arranging someone in court

1. What happens during the arraignment process?

• Suspect brought before the court, informed of the charges & made aware of his/her rights
• The judge may dismiss the charges or bring formal charges
• The suspect enters a plea
• A court date is set

1. What is a jury trial?

• Decides the case and the verdict

1. What are the steps of a jury trial?

• Choosing jury members
• Move to opening statements
• Evidence is introduced
• Closing arguments begin
• Judge gives the jury instructions
• Jury decided the case & brings a verdict
• Verdict is followed by a judgment

1. What is a petit jury?

• Trial jury that determines if one is guilty or not guilty

1. What is a grand jury?

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

1. What is an indictment?

• A written accusation charging the individual

1. 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

1. Who has burden of proof in a criminal case?

• prosecutor

1. Who has burden of proof in a civil case?

• plaintiff

1. Who must be convincing beyond a reasonable doubt?

• Prosecutor in a criminal trial

1. 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.

1. 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

1. Know the Miranda Rights (4 Rights).

• Be told what crimes they are being arrested for
• Right to an attorney
• Court must appoint attorney at no cost if they cannot afford one
• Right to remain silent & anything they do say can be used against them in court

Chapter 2

1. What is a crime?

• An offense against society as a whole

1. Know the definition to crimes against people.

• Crimes targeting people

1. Know the characteristics to crimes against people.

• Bodily harm, the threat of bodily harm, or other actions committed against the will of an individual

1. Know the definition to crimes against property

• Crimes against people's belongings

1. Know the characteristics to crimes against property

• Robbery,trespassing,money laundering, etc.

1. Know the definition to crimes against businesses.

• crimes committed against company

1. Know the characteristics to crimes against businesses.

• crimes committed against company

1. What are the 3 classes of crimes?

• Felonies, misdemeanors, infractions

1. What is a felony?

• Major, very serious offenses

1. What is a misdemeanor?

• Minor, less serious crimes

1. What are the 4 most used defenses discussed?

• innocence
• self-defense
• insult
• emotional violence

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

• All elements

1. What is due process?

• a requirement that legal matters be resolved according to established rules

1. What are some of your due process rights?

• No illegal search or seizure of evidence
• No arrest without probable cause
• A fair, speedy, and public trial
• Be informed of your charges

1. What happens if your due process rights are violated?

• You have grounds for an appeal

Chapter 3

1. What are the differences between torts and crimes?

• Tort- wrong against a person
• Crime- wrong against society

1. What is a tort?

• A wrong against an individual

1. What is the most common tort?

• negligence

1. What is negligence?

• When one person carelessly injures another person

1. What are the 4 elements of negligence?

• Duty of care, breach, proximate cause, actual harm

1. Be able to explain each of the elements of negligence.

• 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
• Breach is when the defendant breaks the duty of care and the "reasonable person" objective test.
• Proximate Cause is when the plantiff's injury was a result of the defendant's action(s) (foreseeability test)
• Actual Harm is when the plaintiff suffers actual harm (financial loss, physical harm, property damage, mental suffering)

1. What are the 4 defenses to negligence?

• Attack & eliminate one of the four elements, contributory negligence, comparative negligence, assumption of risk

1. Be able to identify or explain the defenses to negligence.

• Attack and Eliminate one of the four elements- means you are able to prove that one of the four elements didn't occur.
• Contributory negligence - means
• Comparative negligence - means
• Assumption of risk - means

1. How does comparative negligence work?

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

1. What is the tort of strict liability?

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

1. What are compensatory damages?

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

1. What are punitive damages?

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

1. What was the defense used in the McDonald’s case?

• Comparative Negligence

1. Who was the plaintiff and who was the defendant in the McDonald’s case?

• The plaintiff was Linda Beck
• The defendant was McDonald's corporation

1. What was the outcome of the McDonald’s case?

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

1. What type of damages was the plaintiff awarded in the McDonald’s case?

• The plaintiff was awarded both punitive and compensatory damages.

Chapter 4

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

• Offer, acceptance, genuine agreement, capacity, consideration, legality

1. Know about all the characteristics of a contract.

• Valid contract, void contract, unenforceable contract, expressed contract, implied contract, bilateral contract, unilateral contract, oral or written contract

1. 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

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

• The offeror must have serious intent.
• The terms of the offer must be definite and certain.
• The offer must be communicated to the offeree.

1. Know what is required for proper acceptance.

• Unconditional
• Follow the rules regarding the method of acceptance

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

• Yes

1. Does silence normally make for good acceptance?

• No

1. When can silence be acceptance?

• In a continuing relationship where silence is agreed to in advance as acceptance such as amazon prime, apple music, netflic

1. Know the ways an offer can end.

• Revocation, rejection, counteroffer, expiration of time, death or insanity

1. When can an offer be revoked or modified?

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

1. What is a counteroffer?

• Offer the offeree makes to counter the original offer, terminates the original offer.

Chapter 5

1. What is the majority age (nationwide)?

• 18

1. What are 3 reasons why minors can disaffirm contracts?

• Minors are inexperienced
• To protect minors

To protect adult

1. If a minor disaffirms a contract, how does the minor handle returning merchandise?

• They return the merchandise within a reasonable time decided by a judge or jury

1. Is it alright for minors to misrepresent their age?

• No

1. What if a minor does misrepresent his/her age?

• They can get in trouble for fraud if all 5 elements of fraud are proven

1. What is ratification?

• The act of agreeing to go along with a contract that could have been avoided

1. When does ratification occur?

• When words and actions after becoming an adult, these words can be spoken or written

1. How does ratification occur?

• Ratification occurs when actions such as keeping the item or using the item after reaching age or majority.

1. What actions represent ratification?

• Keeping the item, using the item, selling the item, making payments on the item

1. What is disaffirm?

• To show the intent not to live up to the contract

1. Can minors disaffirm contracts for necessaries?

• No

1. What are minors responsible for with contracts involving necessaries?

• Paying the fair value

1. Who besides minors can disaffirm contracts?

• People with mental impairments, people under the influence of drugs or alcohol, convicts, aliens, enemy aliens