Business Law 1101

  1. Water saturated lands that can not be filled or dredged w/o a permit
  2. The accused claims that he/she was induced by a public official to commit a crime that they would not have otherwise
  3. Federal circuits for states given
    FL 11 NY 2 Tex 5 Ill 7 Ca 9 Pa 3
  4. Geographic district in which legal action is tried and jury is selected
  5. legal requirement that one must have sufficient stake in controversy before bringing a lawsuit. sues vs a law he says discriminates against women... court says he has no ______
    Standing to sue
  6. documents establishing the law on a particular issue
    ie. Constitution, admin. rule, court decision
    Primary source of Law
  7. Publications summarizing or interpreting law
    ie. law encyclopedia, legal treatise, law review article
    Secondary source of law
  8. intentional, unexcused, and harmful contact
    ie. firing a gun 
    does not need awareness just proof it occured
  9. intentional,unexcused act creating in another person a reasonable apprehension or fear of immediate or harmful of offensive contact
    ie. pointing a gun
    needs awareness
  10. civil wrong not arising from a breach of contract or agreement. A breach of a legal duty that proximately causes a person harm or injury
  11. willfully and maliciously burning a building owned by another
  12. con job using fraud to obtain temporary possession so you can permanently deceive someone
    Larceny by trick
  13. forceful and unlawfully taking personal property from another 
    "larceny by force"
  14. Robbery with a deadly weapon
    Aggravated robbery
  15. guilty act of committing a crime
    actus reus
  16. wrongful mental state (guilty mind)
    mens rea
  17. registering mispelled names of popular brands
  18. registering some or similar domain name to that of a trademark and offering to sell that to a trademark holder
  19. the use of a person's name, picture, or other likeness for commercial purposes or profit w/o their permission
    appropiation/right of publicity
  20. RICO
    Racketeering Influenced & Corrupt Organizations Act:
  21. A crime- murder, rape, or robbery, that carries a more severe punishment from over a year to life
  22. a lower crime, disorderly conduct, trespassing, petty theft, punishable by a fine or less than a year
  23. fraudulent appropiation of money or other property by a person who has been entusted to handle the money
  24. falsely reporting incomee that has been obtained through criminal activity as income through a legitimate business enterprise
    Money Laundering
  25. defamation in oral form
  26. anything published or spoken publicly that ruins character or reputation or good name in  society
  27. the science & study of law and how it is created and applied, study of different schools of legal philosophy
  28. Law is an evolutionary process it adapts and grows
    Historical school
  29. no higher law than that created by legitimate government
    Legal positivsm
  30. circumstantial, case by case
    ie. man steals an apple for starving child
    legal realism
  31. knowledge of falsity with the intent to deceive
  32. many jurisdictions hold that a business/individuals who serve liquor after the person is intoxicated maybe held liable for injuries by the intoxicated person
    Dram shop
  33. Employer is responsible for an on duty worker for negligent acts
    respondeat superior
  34. danger of ______ is ______ . chain reaction
    proximate cause
  35. failing to excerise the standard of care that a reasonable person would exercise in similar circumstances
  36. questionnaire before trial starts
    examination before trial
  37. decide whether or not to go to trial, group of citizens
    grand jury
  38. the five sense tort,
  39. Taking, using, selling, or retaining possession of personal property that belongs to another without the other’s permission or legal authorization
  40. exagerrated claims concerning the property offered for sale ie. fastest car in the world
  41. must be followed ( constitutional provisions, statutes, treaties, regulations, ordinances or previous court decisions governing the particular issue). Previous court decisions in the same state have binding precedent.
    Binding precedent
  42. that party that is causing the damage will pay for the cleanup
    PRP Potential Responsible Party
  43. Parts of a Brief in order
    • Citation…legal address
    • Facts…….what happened
    • Issue…….Relevant Legal concept involved
    • Decision…What did the court decide
    • Reason…..Why the court decided that way
  44. is a formal analysis required for any major federal action that will significantly affect the quality of the environment to determine the action’s impact and explore alternatives.
    EIS Environmental Impact Statement
  45. The primary federal regulator of air, soil, and water quality, its duties include reviewing EIS
    EPA Environmental Protection Agency
  46. false advertising and rectifying it
    Cease and Desist
  47. retract and correct its prior unfair or deceptive advertisement
    counter advertising
  48. international intellectual property protection Copyrights
    Berne convention
  49. international intellectual property protection trademarks
    Madrid protocol
  50. international intellectual property protection Everything
    Trips agreement
  51. written defamation
  52. may be followed or used as guidance in making a decision. This includes primary and secondary sources of law and other state caselaw.
    persuasive authority
  53. Law should be used as a tool for social change and justice ( end slavery, give women the vote etc)
    Sociological School
  54. elements of Negligence
    • Duty- defendant owed a duty
    • Breach-breach of that duty
    • Causation-breach caused injury
    • Damages-plaintiff suffered injury
  55. Schools of legal thought
    • Natural Law-tied to relegion
    • Legal positivsm- no higher law than that of govt
    • Historical school- law is a evoultionary process adapts and grows
    • Legal Realism- case by case  depends on scenario
  56. FDA
    Food and Drug administration
  57. FCC
    • Federal Commuination Commission
    • Broadcasting
  58. OSHA
    • Occupational Safety and Health Administration
    • Job safety
  59. EPA
    Enviromental Protection Agency- protecting environment deal with EIS
  60. Elements of fraud-intentional deceit usually for personal gain
    • -mistatement ommission
    • -of material facts
    • -kwowingly w/ the intent to deceive
    • -on which a reasonable person would rely
    • -innocent party actually relied to her detriment
    • -innocent party loss
  61. immanuel Kant
    Central theme evaluate actions based on if everyone in society acted the same way ie. cheat on the test
  62. Jeremy Bentham
    Utilitarianism-is evaluated in terms of its consequences for those whom it will affect. ie. a good action greatest good for the greatest amount of people
  63. Knowledgeable user defense vs product liablity
    • if a particular danger is or should be known by the user of the product, the manufacturer need not warn user of danger
    • ie McDonalds
  64. Obvious danger defense vs product liability
    dangers associated with products such as knives or guns are so commonly known that the manufacturer need not warn of obvious danger
  65. Product Liability
    legal liability of manufacturer/seller of goods for injuries caused by the goods to consumer
Card Set
Business Law 1101
1st Law Midterm