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FINA 2244 Final Review (The Legal Environment of Business)
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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
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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
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