LW

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