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Glossary of MIDTERM- BUSINESS LAW

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The laws of the United States are virtually all based on
common law
Laws passed by the U.S. Congress, state legislatures or local city coucils are all
statuory laws
Common law originated in
England
Decisions made by the highest court of any state follow the law of
precedent
The supreme law of the United States is the
U.S. Constitution
Under common law, this crime is defined as the breaking and entering of a dwelling house at night with the intent to commit a felony
burglary
The unlawful killing of another human being with malice aforethought is
murder
The unlawful touching of another person is known as
battery
This involves the unlawful removal or restraint of a person against their will
kidnapping
An attempt to commit a battery is known as
assault
the unlawful taking and carrying away of personal property of another with the intent to deprive the owner is
larceny
The wrongful taking of personal proterty of another accompanied by violence or threats is
robbery
Under common law, this crime is defined as the willful and malicious burning of a dwelling
arson
The false making or changing of a writing with the intent to defraud is
forgery
the most commonly abused drug in the United States is
alcohol
The doctrine that gives federal and state governments the right to regulate the health, safety and welfare of the people is known as
public policy
Under the laws of many states, hosts of social events are criminally responsible for serving alcohol to guests who are
minors
Willful or malicious damage to property is called
vandalism
The act of stealing goods from a store is known as
shoplifting
In most states, young people who break traffic laws are punished as
adults
Before 1967, the courts did not recognize that minors and adults are entitle to the same
due process rights
Failure to exercise the degree of care a reasonable person would exercise is
negligence
A false statement made orally to a third party is
slander
a person who commits a tort is called a
tortfeasor
In cases where money cannot repay the victim of a tort, a court may issue an
injunction
The negligence defence that may be used by a baseball league that is sued by spectators is
assumption of risk
To determine if the defendant's conduct was the proximate cause of the plaintiff's injury, the court applies the
foreseeability test
People who are engaged in extremely dangerous activities may be held liable even without negligence or malice; this is known as the doctrine of
strict liability
At the bottome level of the federal court system are the federal
district courts
The federal court system derives its authority from
Article III of the Constitution
Child custody cases are heard in
Family courts
Federal courts have jurisdiction over cases of admirality- cases involving the
sea
U.S. courts of appeals hear cases on appeal from
U.S. district courts
A dispute between Missouri and Illinois over ownership of the Mississippi River boundary would be decided in
The U.S. Supreme court
The U.S. Supreme court decides which cases it will hear by a vote of its
nine justices
A person who lives be certain social values is said to be
ethical
This doctrine has been adopted by many religions because of its logical basis on respect
the Golden Rule
The first ten amendments to the U.S. constitution are called the
Bill of Rights
The person being tried for a crime is the
defendant
The two elements that define a crime are:
criminal act and required state of mind
A father who uses force to save his child from an attacker may claim
defense of family members
A temporary road block set up by police to check for drunk drivers is called a
sobriety checkpoint
A child who is a minor and has committed an act that would be illegal if done by an adult is known as
a delinquent
The goal of the juvenile court system is to
rehabilitate
When one person interferes with another's rights, either intentionally or negligenty, this has been committed
a tort
loud noises late at night amd noxious odors and fumes coming from a nearby house are all examples of
nuisance
Under this doctrine, the amount of the plaintiff's recovery is reduced by the percent of his or her negligence
comparative negligence
The power given a court to hear a case and make judgement is known as
jurisdiction
The United States is divided into how many judicial circuits?
thirteen
Only these questions may be raised on appeal
Questions of law
The first pleading filed in a civil case is the
complaint
In the sixth step of a trial, the jury renders its
verdict
A defendant who does not appear in court at the specified time forfeits
bail
The group of citizens called together to determine whether someone must stand trial for committing a crime is the
grand jury
An affidavit is a type of
documentary evidence
The first step taken in a juvenile offender's case is the
detention hearing
If members of a grand jury believe that a crime has been committed, they issue an
indictment
The jurors must agree unanimously when deciding a
criminal case
The taking back of an offer by the offeror is
revocation
A binding promise to hold an offer open for a specified time period is an
option
A contract that contains a promise by both parties is
bilateral
To be effective, an offer must be communicated to the
offeree
If a valid offer is met wit ha valid acceptance, the result is
genuine agreement
To say that a contract is legally binding means it is
valid
When the offeree uses the same method of communication as the offeror, the contract exists when the acceptance is
sent
If no time for acceptance is stated in an offer, it msut be acepted within
a reasonable time
Threats of a business nature that cause a person to enter into a contract without real consent would be known as
economic duress
Mutual mistake is also known as
bilateral mistake
A deliberate deception to secure unfair or unlawful gain is
fraud
If what seems to be a valid contract turns out not to be, the contract is
defective
A fact that is important to one of the parties in a contract is a
material fact
Excessive persuasive pressure on person may put upon another is called
undue influence
A false statement made unintentionally is
misrepresentation
A mistake as to the identity of a party to a contract is a type of
unilateral mistake
The age of majority in most states is
18
A minor who claims to be over the age of majority commits
fraud
The legal ability to enter a contract is
capacity
A person who has not reached the legal age of adulthood is considered by law to be a
minor
After reaching the age of majority, a contract made during minority may be
ratified
A minor is held responsible for the fair value of
medical care
Before a guardian is appointed, a mentally impaired person's contracts are
voidable
If a mentally impaired person is declared insane and a guardian is appointed, the mentally impaired person's contracts are
void
Giving up something that one has a legal right to keep is a type of
detriment
A contract that at first appears to bind both parties but really binds no one is
illusory
A promise may be enforceable without consideration under the doctrine of
promissory estoppel
The detriment of not doing something that one has a legal right to do is
forbearance
A court may refuse to enforce a unilateral contract that it finds
unconscionable
The element of a contract that concerns the exchange of benefits and detriments is
consideration
The law will generally not enforce a contract in which there is no consideration because the contract is
gratuitous
Something given freely, for no consideration is a
gift
Papers that are filed with the court by the plaintiff and the defendant at the beginning of a lawsuit are called
pleadings
People must be informed o their constitutional rights when they arrested by way of the
Miranda warnings
Any agreement enforceable at law is a
contract
The offeree's refusal of an offer that ends that offer is called
rejection
A person who intentionally fails to reveal an important fact is committing the fraud of
concealment
Overcoming a person's will through force is
duress
Minors may avoid, their contracts, called
disaffirming
Food, shelter and medical care are all
necessaries
The court will not enforce a contract based on past
consideration
A customer who brings a car to a garage for repairs of an undetermined cost implies a promise to pay the
reasonable value of services

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