Business Law 210 Exam 1 Terms - updated 9-17-12

  1. Actual malice
    "A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred."
  2. Actus Reus
    "A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime"
  3. Administrative Law
    "The body of law created by administrative agencies (in teh form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities."
  4. Admissions
    One party can serve the other party with a written request for an admission of the truth of the matters relating to the trial. Any fact admitted under such a request is conclusively established as true for the trial.
  5. Affidavit
    "A written or printed voluntary statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation."
  6. Affirmative Defense
    A response to a plaintiff�s claim that does not deny the plaintiffs facts but attacks the plaintiff�s legal right to bring an action. An example is the running of the statute of limitations.
  7. Alternative dispute resolution (ADR)
    "The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR."
  8. American Arbitration Association (AAA)
    The major organization offering arbitration services in the United States.
  9. Answer
    "Procedurally, a defendants response to the plaintiff�s complaint"
  10. Appeal
    "Resort to a superior court, such as an appellate courts, to review the decision of an inferior court, such as a trial court or an administrative agency."
  11. Appellant
    The party who takes an appeal from one court to another.
  12. Arbitration
    "The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding."
  13. Arbitration Clause
    "A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court."
  14. Arson
    "The malicious burning of another�s dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means�for example, by explosion."
  15. Assault
    Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat
  16. Assumption of Risk
    A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger
  17. Bankruptcy cour
    A federal court of limited jurisdiction that handles only bankruptcy proceedings. Bankruptcy proceedings are governed by federal bankruptcy law.
  18. Battery
    "The unprivileged, intentional touching of another"
  19. Beyond a Reasonable Doubt
    "The standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty �beyond and to the exclusion of every reasonable doubt.� A reasonable doubt is one that would cause a prudent person to hesitate before acting in matters important to him or her."
  20. Bill of rights
    The first ten amendments to the U.S. Constitution.
  21. Brief
    "A formal legal document submitted by the attorney for the appellant�or the appellee (in answer to the appellant�s brief)�to an appellate court when a case is appealed. The appellant�s brief outlines the facts and issues of the case, the judge�s rulings or jury�s findings that should be reversed or modified, the applicable law, and the arguments on the client�s behalf."
  22. Burglary
    The unlawful entry into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime.)
  23. Business Ethics
    Ethics in a business context; a consensus of what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise i a business setting.
  24. Business invitee
    "Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes."
  25. Case Law
    "The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions. "
  26. Causation
    An act or omission without (�but for�) which an event would not have occurred.
  27. Causation in fact
    An act or omission without (�but for�) which an event would not have occurred.
  28. Checks and Balances
    "The national government is composed of three separate branches: the executive, the legislative, and the judicial branches. Each branch of the government exercises a check on the actions of the others."
  29. Civil Law
    "The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters"
  30. Closing argument
    An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
  31. Commerce Clause
    The provision in Article 1 Section 8 of the US Constitution that gives Congress the power to regulate interstate commerce.
  32. Common Law
    "That body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature"
  33. Comparative Negligence
    "A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person�s proportionate negligence."
  34. Compelling State Interest
    "Includes remedying past unconstitutional or illegal discrimination but do not include correcting the general effects of ""society's discrimination."""
  35. Compensatory Damages
    A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
  36. Complaint
    "The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit."
  37. Concurrent jurisdiction
    "Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court."
  38. Constitution
    Law of the land. Law that is based on the US constitution and the constitutions of the various states.
  39. Constitutional Law
    Law that is based on the U.S. Constitution and the constitutions of the various states.
  40. Contributory Negligence
    A theory in tort law under which a complaining party�s own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recover in a minority of jurisdictions.
  41. Conversion
    "The wrongful taking , using , or retaining possession of personal property that belongs to another."
  42. Copyright
    "The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship, including computer programs."
  43. Corporate social responsibility
    The concept that corporations can and should act ethically and be accountable to society for their actions.
  44. Counterclaim
    A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff.
  45. Court of General Jurisdiction
    A court that can decide cases involving a broad array of issues.
  46. Court of Limited Jurisdition
    A court that handles limited types of issues.
  47. Criminal law
    "Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress."
  48. Cross Exam
    The questioning of an opposing witness during a trial.
  49. Damages
    Money sought as a remedy for a breach of contract or for a tortious act.
  50. Defamation
    "Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character."
  51. Default Judgment
    A judgement entered by a court against a defendant who has fialed to appear in court to answer or defend against the plaintiff�s claim.
  52. Defendant
    One against whom a lawsuit is brought; the accused person in a criminal proceeding.
  53. Deposition
    The testimony of a party to a lawsuit or a witness taken under oath before a trial.
  54. Direct Exam
    The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney�s client.
  55. Discovery
    A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
  56. Diversity of citizenship
    "Under Article III, Section 2, of the Constitution, a basis for federal court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases."
  57. Double Jeopardy
    A situation occurring when a person is tried twice for the same criminal offense; prohibited by the 5th Amendment to the Constitution.
  58. Dram Show Act
    "A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication."
  59. Due Process
    "The provision of the 5th and 14th Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions."
  60. Duress
    "Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform. "
  61. Duty of Care
    "The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the �reasonable person standard,� constitutes the tort of negligence. "
  62. Embezzlement
    The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted.
  63. Entrapment
    "In criminal law, a defense in which the defendant claims that he or she was induced by a public official - usually an undercover agent of police officer - to commit a crime that he or she would otherwise not have committed. "
  64. Equal Protection
    The provision in the 14th Amendment that guarantees that no state will �deny to any person within its jurisdiction the equal protection of the laws.� This clause mandates that state governments treat similarly situated individuals in a similar manner.
  65. Equal protection clause
    The provision in the Fourteenth Amendment to the Constitution that guarantees that no state will �deny to any person within its jurisdiction the equal protection of the laws.� This clause mandates that state governments treat similarly situated individuals in a similar manner.
  66. Establishment Clause
    The provision in the 1st Amendment that prohibits Congress from creating any law �respecting an establishment of religion.�
  67. Ethical reasoning
    A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
  68. Exclusionary Rule
    "In criminal procedure, a rule under which any evidence that is obtained in violation of the accused constitutional rights guaranteed by the 4th, 5th, and 6th Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court. "
  69. Fair Use
    "An exception to liability for copyright infringement is made under the fair use doctrine. In certain circumstances, a person or organization can reproduce copyrighted material without paying royalties."
  70. Federal question
    "A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction."
  71. Federal rules of civil procedure (FRCP
    The rules controlling procedural matters in civil trials brought before the federal district courts.
  72. Felony
    "A crime - such as arson, murder, rape, or robbery - that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one�s life. "
  73. Forgery
    The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
  74. Forseeability
    "Foreseeable risk - In negligence law, the risk of harm or injury to another that a person of ordinary intelligence and prudence should have reasonably anticipated or foreseen when undertaking an action or refraining from undertaking an action ."
  75. Fraudulent Misrepresentation
    "Any misrepresentation, either by misstatement or omission of material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment. "
  76. Free Exercise Clause
    The provision in the 1st Amendment that prohibits Congress from making any law �prohibiting the free exercise� of religion.
  77. Full Faith and Credit
    "A clause in Article IV, Section 1 of the Constitution that provides that �Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State.� The clause ensure that rights established under deeds, wills, contracts and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforce in all states. "
  78. Fundamental Right
    "??? The fifth ammendment that states no person shall be deprived of life, liberty, or property without due process of the law."
  79. Good Samaritan statute
    "A state statute that provides that persons who rescue or provide emergency services to others in peril�unless they do so recklessly, thus causing further harm�cannot be sued for negligence."
  80. Hearsay
    An oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible as evidence.
  81. Historical School
    A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be.
  82. Identity theft
    "The act of stealing another�s identifying information�such as a name, date of birth, or Social Security number�and using that information to access the victim�s financial resources."
  83. In personam jurisdiction
    Court jurisdiction over the �person� involved in a legal action; personal jurisdiction.
  84. In rem jurisdiction
    Court jurisdiction over a defendant�s property.
  85. Intellectual property
    "Property resulting from intellectual, creative processes. Patents, trademarks, and copyrights are examples of intellectual property."
  86. Intentional tort
    A wrongful act knowingly committed.
  87. Interrogatories
    "A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party�s attorney. "
  88. A person's right to solitude and freedom from prying public eyes
  89. Invitee
    "A person who, either expressly or impliedly, is privileged to enter onto another�s land. �The inviter owes the invitee (for example, a customer in a store) the duty to exercise reasonable care to protect the invitee from harm. "
  90. Judicial review
    The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.
  91. Jurisdiction
    The authority of a court to hear and decide a specific action.
  92. Jurisprudence
    The science or philosophy of law
  93. Justiciable controversy
    A controversy that is not hypothetical or academic but real and substantial. A requirement that must be satisfied before a court will hear a case.
  94. Larceny
    "The wrongful taking and carrying away of another person�s personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property�s value."
  95. Law
    Consists of enforceable rules governing relationships among individuals and between individuals and their society.
  96. Legal positivism
    "A school of legal thought that holds that there can be no higher law than a nation�s positive law�law created by a particular society at a particular point in time. In contrast to the natural law school, the positivist school maintains that there are no �natural� rights; rights come into existence only when there is a sovereign power (government) to confer and enforce those rights."
  97. Legal Realism
    "A school of legal thought that was popular in the 20�s and 30�s and that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more pragmatic approach to the law, an approach that would take into account customary practices and the circumstances in which transactions take place. The school left a lasting imprint on American"
  98. Legal reasoning
    The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases.
  99. Libel
    Defamation in writing or other form (such as in a video tape) having the quality of permanence.
  100. Long arm statute
    A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have �minimum contacts� with that state for the statute to apply.
  101. Malpractice
    "Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence�the failure to exercise due care�on the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice."
  102. Mediation
    "A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute."
  103. Mens rea
    "(pronounced mehns ray�uh) Mental state, or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life. For theft, the mens rea must involve both the knowledge that the property belongs to another and the intent to deprive the owner of it."
  104. Minimum Contacts
    "The requirement that before a state court can exercise jurisdiction over a foreign corporation, the foreign corporation must have sufficient contacts with the state. A foreign corporation that has its home office in the state or that has manufacturing plants in the state meets this requirement"
  105. Miranda Rule
    "For any statement made by a defendant to be admissible, the defendant must be informed of certain constitutional rights prior to police interrogation. If the accused waives his or her rights to remain silent and to have counsel present, the government must demonstrate that the waivers was made knowingly, voluntarily, and intelligently. "
  106. Misdemeanors
    "A lesser crime than a felony, punishable by a fine, or imprisonment for up to one year in other than a state or federal penitentiary. "
  107. Moral minimum
    "The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law."
  108. Motion
    A procedural request or application presented by an attorney to the court on behalf of a client.
  109. Motion for a new trial
    "A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice."
  110. Motion for summary judgment
    A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
  111. Motion to dismiss
    "A pleading in which a defendant asserts that the plaintiff�s claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed."
  112. Natural Law
    The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the most significant schools of legal thought
  113. Necessity
    "In criminal law, a defense against liability; under Section 3.02 of the Model Penal Code, this defense is justifiable if �the harm or evil sought to be avoided� by a given action �is greater than that sought to be prevented by the law defining the offense charged.�"
  114. Negligence
    The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
  115. Negligence Per Se
    An act (or failure to act) in violation of a statutory requirement.
  116. Negotiation
    "(1) In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. (2) In regard to instruments, the transfer of an instrument in such a way that the transferee (the person to whom the instrument is transferred) becomes a holder."
  117. Online dispute resolution (ODR)
    The resolution of disputes with the assistance of organizations that offer dispute�resolution services via the Internet.
  118. Opening statement
    "A statement made to the jury at the beginning of a trial by a party�s attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued."
  119. Patent
    "A government grant that gives an inventor the exclusive right or privilege to make, use, or sells his or her invention for a limited time period. The word patent usually refers to some invention and designates either the instrument by which patent rights are evidence or the patent itself. "
  120. Petitioner
    "In equity practice, a party that initiates a lawsuit."
  121. Plaintiff
    One who initiates a lawsuit
  122. Plea bargaining
    "The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant�s pleading guilty to a lesser offense in return for a lighter sentence."
  123. Pleadings
    "Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation; the complaint and answer are part of the pleadings."
  124. Police powers
    "Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare."
  125. Positivist School
    "A school of legal thought whose adherents believe that there can be no higher law than a nations positive law - the body of conventional or written, law of a particular society at a particular time."
  126. Precedent
    A court decision that furnishes an example of authority for deciding subsequent cases involving incidental or similar facts.
  127. Preemption
    "Rights held by shareholders that entitled them to purchase newly issued shares of a corporation's stock, equal in percentage to shares presently held, before the stock is offered to any outside buyers. Preemptive rights enable shareholders to maintain their proportionate ownership and voice in the corporation. "
  128. Preponderance
    "A standard in civil law cases under which the plaintiff must convince the court that, based on the evidence presented by both parties, it is more likely than not that the plaintiff�s allegation is true. "
  129. Pretrial conference
    "A conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference."
  130. Pretrial motion
    "A written or oral application to a court for a ruling or order, made before trial."
  131. Principle of rights
    "The principle that human beings have certain fundamental rights (to life, freedom, and the pursuit of happiness, for example). Those who adhere to this �rights theory� believe that a key factor in determining whether a business decision is ethical is how that decision affects the rights of others. These others include the firm�s owners, its employees, the consumers of its products or services, its suppliers, the community in which it does business, and society as a whole."
  132. Privilege
    "In tort law, the ability to act contrary to another person�s right without that person�s having legal redress for such acts. Privilege may be raised as a defense to defamation."
  133. Privileges & Immunities Clause
    "Special rights and exceptions provided by law. Article IV, Section 2, of the Constitution requires states not to discriminate against one another's citizens. A resident of one state cannot be treated as an alien when in another state; he or she may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights. "
  134. Probable Cause
    "Reasonable grounds to believe the existence of facts warranting certain actions, such as the search and arrest of a person. "
  135. Probate court
    A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person�s estate.
  136. Procedural Due Process
    "The requirement that any government decision to take life, liberty, or property must be made fairly. For example, fair procedures must be used in determining whether a person will be subjected to punishment or have some burden imposed on him or her. "
  137. Procedural Law
    Rules that define the manner in which the rights and duties of individuals may be enforced
  138. Proximate Cause
    Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
  139. Public figure
    "Individuals who are thrust into the public limelight. Public figures include government officials and politicians, movie stars, well�known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities."
  140. Puffery
    A salesperson�s exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.
  141. Punitive damages
    Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.
  142. Question of fact
    Deals with what really happend in regard to the dispute being tried - such as whether a party actually burned a flag
  143. Question of law
    Concerns the application or interpretation of the law - such as whether flag burning is a form of speech protected by the 1st Ammendment to the U.S. Constitution
  144. Reasonable Person
    The standard of behavior expected of a hypothetical �reasonable person.� The standard against which negligence is measured and that must be observed to avoid liability for negligence.
  145. Rebuttal
    The refutation of evidence introduced by an adverse party�s attorney.
  146. Registered Agent
    An officer or a representative of teh coporation that is being served a summons and complaint.
  147. Relevant evidence
    Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.
  148. Remedy at law
    A remedy available in a court of law. Money damages are awarded as a remedy at law.
  149. Remedy in equity
    "A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity are based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation."
  150. Res Ipsa Loquitur
    "A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally the term means �the facts speak for themselves.�"
  151. Respondent
    "In equity practice, the party who answers a bill or other proceeding."
  152. Restatement
    "Secondary sources of law are books and articles that summarize and clarify the primary sources of law. Examples include legal encyclopedias, treatises, articles in law reviews and compilations of law, such as Restatements of the Law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law discussed here."
  153. Robbery
    The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery.
  154. Rules of Evidence
    Rules governing the admissibility of evidence in trial courts.
  155. Sarbanes-Oxley Act
    Requires companies to set up confidential systems so that employees and others can �raise red flags� about suspected illegal or unethical auditing and accounting practices.
  156. Search warrant
    "An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property."
  157. Self-defense
    The legally recognized privilege to protect one�s self or property against injury by another. The privilege of self�defense protects only acts that are reasonably necessary to protect one�s self or property.
  158. Self-Incrimination
    "The 5th Amendment guaranteeing that no person �shall be compelled in any criminal case to be a witness against himself.� Thus in any federal or state (because the due process clause extends the protection to state courts) proceeding, an accused person cannot be forced to give testimony that might subject him or her to any criminal prosecution. "
  159. Service of process
    The delivery of the complaint and summons to a defendant.
  160. Slander
    Defemation in oral form.
  161. Small claims court
    "Special courts in which parties may litigate small claims (usually, claims involving $2,500 or less). Attorneys are not required in small claims courts, and in many states attorneys are not allowed to represent the parties."
  162. Sociological School
    A school of legal thought that views the law as a tool for promoting justice in society.
  163. Standing to sue
    The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she either has been injured or threatened with injury.
  164. Stare Decisis
    A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
  165. Statute of Limitations
    A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
  166. Statutory Law
    "The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law). "
  167. Stock options
    "A certificate that grants the owner the option to buy a given number of shares of stock, usually within a set time period."
  168. Strict liability
    "Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products."
  169. Substantive Due Process
    "A requirement that focuses on the content, or substance, of legislation. If a law or other governmental action limits a fundamental rights, such as the right to travel or to vote, it will be held to violate substantive due process unless it promotes a compelling or overriding state interest. "
  170. Substantive Law
    "Law that defines the rights and duties of individuals with respect to each other, as opposed to procedural law, which defines the manner in which these rights and duties may be enforced."
  171. Summary Judgment
    "A motion requesting the court to enter a judgment without proceeding to
  172. trial. The motion can be based on evidence outside the pleadings and
  173. will be granted only if no facts are in dispute."
  174. Summons
    A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff�s complaint. The document is delivered by a sheriff or any other person so authorized.
  175. Superseding Cause
    "An intervening force or even that breaks the connection between a wrongful act and an injury to another, in negligence law, a defense to liability. "
  176. Supremacy Clause
    "The provision in Article IV of the Constitution that provide the Constitution, laws, and treaties of the US are the �supreme Law of the Land.� Under this clause, state and local laws that directly conflict with federal law will be rendered invalid. "
  177. Symbolic speech
    Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment�s guarantee of freedom of speech.
  178. Tort
    A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.
  179. Tortfeasor
    One who commits a tort
  180. Trade name
    "A term that is used to indicate part or all of a business�s name and that is directly related to the business�s reputation and goodwill. Trade names are protected under the common law (and under trademark law, if the name is the same as the firm�s trademark)."
  181. Trade secret
    Information or a process that gives a business an advantage over competitors who do not know the information or process.
  182. Trademark
    "A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the common law or through registration), the owner is entitled to its exclusive use. "
  183. Trespass to land
    "The entry onto, above, or below the surface of land owned by another without the owner�s permission or legal authorization."
  184. Uniform Laws
    "A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law."
  185. Utilitarianism
    "An approach to ethical reasoning in which ethically correct behavior is not related to any absolute ethical or moral values but to an evaluation of the consequences of a given action on those who will be affected by it. In utilitarian reasoning, a �good� decision is one that results in the greatest good for the greatest number of people affected by the decision."
  186. Venue
    (pronounced ven�yoo) The geographical district in which an action is tried and from which the jury is selected.
  187. Verdict
    A formal decision made by a jury.
  188. Voir Dire
    "A french phrase meaning literally, �to see, to speak.� In jury trials, the phrase refers to the process in which the attorneys question prospective jurors to determine whether they are biases or have any connection with a party to the action or with a prospective witness. "
  189. Writ of certiorari
    (pronounced sur�shee�uh�rah�ree) A writ from a higher court asking the lower court for the record of a case.
Card Set
Business Law 210 Exam 1 Terms - updated 9-17-12
Business Law 210 Exam 1 Terms - updated 9-17-12