MIDTERM- BUSINESS LAW
Terms
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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