Business law ch 1-4 quiz

Chief function of the court

---- is to interpret and apply the law from whatever source to a given situation

Examples of tort

1. Breach in contract 2. Innocent motorist 3.Trespassing 4. Slander

1. Department of health 2. Railroad retirement board

2 non regulatory agencies

1. Justice of the peace 2. Small claims 3. Magistrate

3 state inferior courts

1. Domestic relations 2. Juvenile 3. Probate

3 state special courts

Higher court; lower court

A losing party appeals to the ---- court to review the --- courts decision

Conviction

Action of jury is guilty

Acquittal

Action of jury not guilty

Per se violation

Activity that is illegal regardless of its effects

State board, FTC and osha

Agencies that effect funeral services

Court of record

Also known as: circuit court, district court, superior court, county court, state court, and municipal court

Court of appeal and Supreme Court

Appellate court includes

Jurisdiction

Authority of a court to hear a case

Judge

Chief of federal court

Justice or the piece and magistrate

Chief of inferior court

Judge

Chief officer of a state court of original general jurisdiction

Judge

Chief on the state court

Names of the two amendments for the Sherman antitrust law

Clayton act and Robinson-Parman act

Code

Collection of laws, rules, or regulations

Precedent

Court decision that determines the decision in a subsequent, similar case

Court of record

Court in which an official record of the proceedings is kept

Trial court

Court that conducts original trial of case

Juvenile court

Court that handles delinquent, dependent, and neglected children

Domestic relations court

Court that handles divorce and related cases

Probate court

Court that handles estates

Federal court of appeals

Court that hears appeals in federal court system

Appellate court

Court that reviews the decision of another court

Injunction

Courts permanent order forbidding something

Restraining order

Courts temporary order forbidding an action

Tort in civil court

Damages caused by a car accident

Verdict

Decision of jury

Slander

Defamation of character by spoken words or gestures

Libel

Defamation of character without legal justification in writing

Constitution

Document that defines the relationships of the parts of the government to each other and the relationship of the government to Its citizens

Court of appeal

Each federal judicial circuit has a ---

Federal and state

Each state has 2 distinct court systems

Notice and comment rule making

Enacting administrative rules by publishing the proposed rule and then the final rule without holding formal hearings

common law

English custom recognized by courts binding; major source of mortuary law; great body of unwritten law; originated in England

Marshall

Executive of federal court

Bailiff or constable

Executive of inferior court

Sheriff

Executive of the state court

Marshal

Executive officer of federal court

Negligence

Failure to execute reasonable care

Perjury (felony)

False testimony

Office of foreign assets control (OFAC)

Federal agency that enforces economic and trade sanctions

Special federal courts, federal district courts, Federal courts of appeals, and the United States Supreme Court

Federal courts:

Special federal court

Federal trial court with limited jurisdiction

Bill of rights

First 10 amendments to the U.S. Constitution

Indictment

Formal accusation of a crime by a grand jury

Writ

Formal written command issued by a court of law

Prosecutor or district attorney

Government employee who brings criminal actions; institutes and pursues criminal actions

Administrative agency

Governmental board or commission with authority to regulate matters or implement laws; they issue orders and decrees

State Supreme Court

Highest appellate court of a state

Supreme Court

Highest tribunal in the land

State courts of appeals

Intermediate appellate court

Equity

Justice system based on fairness, provided relief other than merely money damages

Equity

Justice system based on fairness; provides relief other than merely money damages

Civil law

Law dealing with enforcement or protection of private rights

Criminal law

Law dealing with offenses against society; deals with crimes and the punishment of wrongdoers

Statute

Law enhanced by legislative bodies

Ordinance

Law impacted by cities

Civil or criminal

Law may be classified as either

Procedural law

Law specifying how actions are filed and what trial procedure to follow

Federal claims act

Law that allows citizens to sue the government

Misdemeanor

Less serious; punishable by a fine or imprisonment in county or local jail

Federal courts of appeals

Majority of the cases heard by the Supreme Court are cases appealed by the

Discovery

Means of obtaining info from other party before trial

Felony

More serious crimes and usually punishable by death or imprisonment in a penitentiary or state prison for more then a year

Inferior court

Most frequently called magistrate, justice of the peace, and small claims

Court of original general jurisdiction

Most important courts of the state for the average citizen; court of record in which case is first tried

FTC

Name of the agency that prohibits false advertising

Sherman antitrust

Name of the most important antitrust law

Summons

Notice of a court to appear in court

Subpoena

Notice of a court to appear in court as a witness

Summons or process

Notice of suit

Crime

Offense that tends to injure society as a whole; offense against society

Defendant

Person against whom a case is filed

Lawyer or attorney

Person licensed to represent others in court

Plaintiff

Person who begins a civil lawsuit

Stare decisis

Principal that a court decision controls the decision of a simile future case

Tort

Private or civil Wright or injury for which there may be an action for damages. May be intentional or cause by negligence

Tort

Private or civil wrong or injury arising from the negligence of another

Answer or motion

Response of defendant to a complaint

law

Rule of civil conduct, commanding what is right and prohibiting what is wrong

Magistrate, small claims and Justice of the peace

State court which hears minor disputes of its citizens

Inferior courts, courts of original general jurisdiction, appellate courts, and special courts

State courts:

Antitrust law

Statute that seeks to promote competition among businesses

Supreme Court

The --- does not have to take all cases appealed

Justice of the peace and magistrate

The chief officer of an inferior court

Supreme Court

The highest court in the u.s.

Federal district court

The largest class of federal courts; at least one in each state; trial courts in which criminal cases involving a violation of the federal law are tried

UCC (uniform commercial code)

The most important statute in the field of business law

12

There are -- federal court of appeals and federal judicial circuits

Assault

To attempt or threaten to do harm to another without legal justification

Attest

To bare witness

Arraign

To read the charge of an indictment

Inferior court

Trial court that hears only cases involving minor offenses and disputes

Battery

Unlawful touching of another

Equity

What In good conscience ought To be done

Subject matter, person involved, and geographic area

What determines wether a court has jurisdiction over a case

Prosecutor/ district attorney

Who brings a criminal action before court

Both

Who may appeal a decision in court? Plaintiff or defendant

Complaint or petition

Written request to a court to settle a dispute

damages

a sum of money a wrongdoer must pay to an injured party

business law

rules of conduct prescribed by government for business transactions