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FINA 2244 Final Review (The Legal Environment of Business)

Home Get App Take Quiz Constitution Established the limits and powers of the federal government 3 Branches of the Government Legislative Executive Judicial Statutory Law Common Law Judge made law Criminal Law Guilty beyond a reasonable doubt Civil Law Liable by preponderance of the evidence Jurisdiction The right of a court to hear and decide the case 2 Types: subject matter & personal/property Subject Matter Jurisdiction Amount in controversy is more than $75,000 Personal Jurisdiction If person is present in the state, state has jurisdiction Basic Trial Procedures Pleading stage  Discovery stage Pretrial stage Trial stage  Appellate stage Enforcement stage Remedies in Civil Litigation Monetary Damages  Equitable Remedies Monetary Damages Compensatory  Punitive or exemplary  Nominal Equitable Remedies Gets someone to do something, no $ Specific performance Injunction (can be permanent, temporary, or preliminary) -- gets someone to stop doing something Appellate Stage Appeals cases Assures judge applied the law correctly Bill of Rights The first 10 amendments ratified in 1791 by the states Amending Procedure Amendment must be passed by 2/3 vote in the House and Senate Then ratified by 3/4 of state legislatures or may be proposed by 2/3 of state legislatures by calling for a constitutional convention First Amendment Freedom of Speech Political speech has more protection than commercial Fourth Amendment Unreasonable search and seizure Need a warrant or permission to search or seize property Exception: closely related businesses Fifth Amendment Right against self incrimination Applies to people NOT corporations Fifth Amendment: Takings Clause Public property shall not be taken for public use without just compensation Destruction of property value must be almost complete to receive compensation Negligent Torts Unintentional careless conduct that creates an unreasonable risk of harm to others Elements of a Negligent Tort Duty Breach of duty Causation Negligent Tort: Duty How persons in the relative community ought to behave Refers to what a reasonable person would do in the same of similar situation Negligent Tort: Causation

Author AshleyCoates ID 218137 Card Set FINA 2244 Final Review (The Legal Environment of Business) Description Final review for the exam for the entire coure Updated 2013-05-07T00:10:35Z Show Answers