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exam 1 - Flashcards

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Class:BLAW 3150 - Business Law I
Subject:Business Law
University:University of North Carolina - Charlotte
Term:Spring 2012
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primary sources of law

US Constitution, statutory law, regulations created by administrative agencies, case & common law

remedies the legal means to enforce a right or wrong
STARE DECISIS a legal principle by which judges are obliged to respect the precedents established by prior decisions.
substantive law consists of all laws that define, describe, regulate and create legal rights and obligations
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procedural law all laws that delineate the methods or enforcing the rights established by substantive law
criminal law

wrongs committed against the public as a whole.

burden of proof-beyond a reasonable doubt

verdict-unanimous

remedy-punishment

the state cant retry the defendent but the defendent can appeal

felony a serious crime. ex. Murder 1, Murder 2, rape, breaking and entering
in personam jurisdiction refers to a court's jurisdiction over the parties to a law suit, as opposed to subject matter jurisdiction.
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in rem jurisdiction a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have "in personam jurisdiction".
long arm statute a statutory grant of jurisdiction to local courts over foreign defendants.
concurrent jurisdiction two or more courts from different systems simultaneously have jurisdiction over a specific case.  A party may choose to bring a suit in either a federal court or a state court. EX-1. $75000 or fore for the value of the complaint 2. plantiff and defendant has to live in seperate states
exclusive jurisdiction In civil procedure it exists where one court has the power to adjudicate a case to the exclusion of all other courts.
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federal court system US district courts, US courts of appeals, US supream court
litigation A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.
writ of certiorari to bring a case before the supreme court a party requests the court to issue THIS
writ of certiorari rule of four
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civil law

a wrong committed another individual.  Plantiff and defendant are defended by an attory

verdict is 3/4 majorty

remedy damages to compensate for the harm

procedure law rules that define the manner in which the rights and duties of individuals may be enforced
tort is a civil wrong.
three types of tort intentional tort, negligence, strict liability.  which there is not a contract
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intentional tort a wrongful act knowingly committed
negligence the failure to ecercise the standard of care that a reasonable person would exercise in similar circumstances
strict liability liability regardless of fault
contract law an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing.
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STARIE DESIS
two legal rights Human and property
legal duty not to interfeir with human and property rights
seperation of powers doc took away the kings power
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three branches of govt legislative, excutive, judicial
vour dire the jury selection process
first admendment freedoms of religion, speech, and the press
second amendment right to keep and bear arms
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third amendment prohibits, in peacetime, the lodging of soldires
fifth admendment due process, prohibits compulsory self-incrimination and double jeopardy
sixth amendment right to a speedy and public trial, cross examine witnesses
seventh amendment right to a trial by jury in a civil case involving at least 20 dollars
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eighth amendment prohibits excessive bail and fines, as well as cruel and unusual punishment
ninth amendment people have rights in addition to those specified in the constitution
tenth amendment powers neither delegated to the federal government nor denied to the states are resverved to the states and to the people
voir dire the jury selection process
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peremptorily an individual not be sworn in as a juror without providing any reason in the jury selection process.
for cause provide a reason why an individual should not be sworn in as a juror
how many challenges do each side have in jury selection 5
seperation doctrine seperates the govt into 3 branches.  seperation of church and state.
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commerce clause

greatest impact on business.  gives power to regulate business.

medical marijuana

Article 1 section 8

supremacy clause

article 6

if a state law and federal law are different the federal law wins

preemption occurs when congress chooses to act exclusively in an area in which the fed government and the states have concurrent powers
Fourth admendment tight of people to be secure in their persons houses papers and effects.  need a search warrent
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Actus reus the criminal or guilty act
mens rea a wrongful or guilty state of mind
assault any intentional and unexcussed threat of immediate harmful or offensive contace including words or acts that create in another person a reasomable apprehension of harmful contact.
battery an unexcused and harmful or offensive physical contact intentionally performed.  ex. Ivan threatens Jean with a gun, then shoots her.
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libel breaching this duty in writing or other permanent form (such as a digital recording) involves the tort.
slander breaching this duty orally involves the this tort
defamation wrongfully hurting a persons good reputatuion.
actual malice a statement must be made with either knowledge of its falsity or a reckless disregard of the truth
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appropriation the use of antother persons name likeness or other identifying characteristic without permission and for the benefit of the user
2 elements must exist to convict

1. the performance of a prohibited act

2. a specified state of mind or intent on the part of the actor

burglary breaking and entering the dwelling of another at night
larceny the unlawful takning and carring away of someones eless personal property whit the intent ro permanently deprive the owner of possession.
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1st degree murder permeditated / planned murder
2nd degree murder defendent didnt plan the murder but he intended to kill
RICO 1. use income obtained from racketeering activity to purchase any interest in an enterprise 2. acquire or maintain an interest in an enterprise through racketeering activity 3. conduct or participate in the affairs of an enterprise through racketeering activity 4. conspire to do any of the preceding activities
Duress exists when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed
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EXCLUSIONARY RULE any evidence obtained in violation of the consitiuional rights spelled out in the fourth, fifth, and sixth amendments generally is not admissionble at trial.
MIRANDA RULE is a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
insanity it simply means that if the defendant successfully proves insanity, he will be placed in a mental institution
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 primary sources of law

US Constitution, statutory law, regulations created by administrative agencies, case & common law

 remediesthe legal means to enforce a right or wrong
 STARE DECISISa legal principle by which judges are obliged to respect the precedents established by prior decisions.
 substantive lawconsists of all laws that define, describe, regulate and create legal rights and obligations
 procedural lawall laws that delineate the methods or enforcing the rights established by substantive law
 criminal law

wrongs committed against the public as a whole.

burden of proof-beyond a reasonable doubt

verdict-unanimous

remedy-punishment

the state cant retry the defendent but the defendent can appeal

 felonya serious crime. ex. Murder 1, Murder 2, rape, breaking and entering
 in personam jurisdictionrefers to a court's jurisdiction over the parties to a law suit, as opposed to subject matter jurisdiction.
 in rem jurisdictiona legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have "in personam jurisdiction".
 long arm statutea statutory grant of jurisdiction to local courts over foreign defendants.
 concurrent jurisdictiontwo or more courts from different systems simultaneously have jurisdiction over a specific case.  A party may choose to bring a suit in either a federal court or a state court. EX-1. $75000 or fore for the value of the complaint 2. plantiff and defendant has to live in seperate states
 exclusive jurisdictionIn civil procedure it exists where one court has the power to adjudicate a case to the exclusion of all other courts.
 federal court systemUS district courts, US courts of appeals, US supream court
 litigationA lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.
 writ of certiorarito bring a case before the supreme court a party requests the court to issue THIS
 writ of certiorari rule of four 
 civil law

a wrong committed another individual.  Plantiff and defendant are defended by an attory

verdict is 3/4 majorty

remedy damages to compensate for the harm

 procedure lawrules that define the manner in which the rights and duties of individuals may be enforced
 tortis a civil wrong.
 three types of tortintentional tort, negligence, strict liability.  which there is not a contract
 intentional torta wrongful act knowingly committed
 negligencethe failure to ecercise the standard of care that a reasonable person would exercise in similar circumstances
 strict liabilityliability regardless of fault
 contract lawan agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing.
 STARIE DESIS 
 two legal rightsHuman and property
 legal dutynot to interfeir with human and property rights
 seperation of powers doctook away the kings power
 three branches of govtlegislative, excutive, judicial
 vour direthe jury selection process
 first admendmentfreedoms of religion, speech, and the press
 second amendmentright to keep and bear arms
 third amendmentprohibits, in peacetime, the lodging of soldires
 fifth admendmentdue process, prohibits compulsory self-incrimination and double jeopardy
 sixth amendmentright to a speedy and public trial, cross examine witnesses
 seventh amendmentright to a trial by jury in a civil case involving at least 20 dollars
 eighth amendmentprohibits excessive bail and fines, as well as cruel and unusual punishment
 ninth amendmentpeople have rights in addition to those specified in the constitution
 tenth amendmentpowers neither delegated to the federal government nor denied to the states are resverved to the states and to the people
 voir direthe jury selection process
 peremptorilyan individual not be sworn in as a juror without providing any reason in the jury selection process.
 for causeprovide a reason why an individual should not be sworn in as a juror
 how many challenges do each side have in jury selection5
 seperation doctrineseperates the govt into 3 branches.  seperation of church and state.
 commerce clause

greatest impact on business.  gives power to regulate business.

medical marijuana

Article 1 section 8

 supremacy clause

article 6

if a state law and federal law are different the federal law wins

 preemptionoccurs when congress chooses to act exclusively in an area in which the fed government and the states have concurrent powers
 Fourth admendmenttight of people to be secure in their persons houses papers and effects.  need a search warrent
 Actus reusthe criminal or guilty act
 mens reaa wrongful or guilty state of mind
 assaultany intentional and unexcussed threat of immediate harmful or offensive contace including words or acts that create in another person a reasomable apprehension of harmful contact.
 batteryan unexcused and harmful or offensive physical contact intentionally performed.  ex. Ivan threatens Jean with a gun, then shoots her.
 libelbreaching this duty in writing or other permanent form (such as a digital recording) involves the tort.
 slanderbreaching this duty orally involves the this tort
 defamationwrongfully hurting a persons good reputatuion.
 actual malicea statement must be made with either knowledge of its falsity or a reckless disregard of the truth
 appropriationthe use of antother persons name likeness or other identifying characteristic without permission and for the benefit of the user
 2 elements must exist to convict

1. the performance of a prohibited act

2. a specified state of mind or intent on the part of the actor

 burglarybreaking and entering the dwelling of another at night
 larcenythe unlawful takning and carring away of someones eless personal property whit the intent ro permanently deprive the owner of possession.
 1st degree murderpermeditated / planned murder
 2nd degree murderdefendent didnt plan the murder but he intended to kill
 RICO1. use income obtained from racketeering activity to purchase any interest in an enterprise 2. acquire or maintain an interest in an enterprise through racketeering activity 3. conduct or participate in the affairs of an enterprise through racketeering activity 4. conspire to do any of the preceding activities
 Duressexists when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed
 EXCLUSIONARY RULEany evidence obtained in violation of the consitiuional rights spelled out in the fourth, fifth, and sixth amendments generally is not admissionble at trial.
 MIRANDA RULEis a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
 insanityit simply means that if the defendant successfully proves insanity, he will be placed in a mental institution
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