Business of Law Final

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Chancery

( )courts were allowed to give equitable remedies under the English common law.

​libel; slander

A false statement that appears in writing or other fixed medium is​ _____, while an oral defamatory statement is​ _____.

abnormal misuse

A manufacturer or seller is relieved of product liability if the plaintiff has been injured by​ a(n) _____ of a product.

nolo contendere

A party may enter a plea of​ _____, whereby the accused agrees to the imposition of a penalty but does not admit guilt.

the point along a chain of events where the negligent party can no longer be held liable

After Michael Carneal shot his fellow​ students, the U.S. Court of Appeals ruled that the producers of violent video games and movies dash- those that Michael watched prior to committing the shooting dash- could not be held liable because they were not the proximate cause of​ Michael's actions. What is proximate​ cause?

Rebuttal

After the​ defendant's attorney has finished calling​ witnesses, the​ plaintiff's attorney can call witnesses and put forth evidence to rebut the​ defendant's case. This is called a​ _____.

distribution; strictly

All parties in the chain of​ _____ of a defective product are​ _____ liable for the injuries caused by that product.

appellate court

An appeal is the act of asking​ a(n) _____ to overturn a decision after the trial​ court's final judgment has been entered.

grand jury

An indictment is the charge of having committed a crime​ (usually a​ felony), based on the judgment of​ a(n) _____.

Judicial

Article III of the U.S. Constitution establishes the​ _____ branch of the federal government.

In personam

A​ court's jurisdiction over a person is called​ _____ jurisdiction.

common

English​ _____ law was developed by​ judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.

ethical fundamentalism

If a person looks to the Bible or Koran for ethical rules or​ commands, this is an example of​ _____.

utilitarianism

If an action would increase the good of 25 people by one unit each and an alternative action would increase the good of one person by 26​ units, then, according to​ _____, the latter action should be taken.

majority

If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a​ case, it is a​ _______ decision.

Default judgement

If the defendant does not answer the​ complaint, a​ _____ is entered against him or her.

Double Jeopardy​ Clause; Fifth

John was found not guilty of arson after a trial in state court. He cannot be tried again for this crime because the​ ____________________ of the​ ________ Amendment protects persons from being tried twice for the same crime.

providing a basis for compromise

Laws that allow for the settlement of cases prior to trial are an example of which function of the​ law?

facilitating orderly change

Laws that are enacted only after considerable​ study, debate, and public input are an example of which function of the​ law?

keeping the peace

Laws that make certain activities crimes are an example of which function of the​ law?

mala prohibita

Misdemeanors are​ _____ crimes; that​ is, they are not inherently evil but are prohibited by society.

limited protected

Offensive speech is an example of​ _____ speech.

judge

Once the closing arguments are​ completed, the​ _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case.

felony murder

Sometimes a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder. Most states hold the perpetrator liable for the crime of murder in addition to the other crime. This is called the​ _____ rule.

intrastate

States retained the power to regulate​ _____ commerce.

exclusive

The Commerce Clause of the U.S. Constitution gives the federal government the​ _____ power to regulate commerce with foreign nations.

federal administrative agency

The Securities and Exchange Commission is an example of a​ _____.

State Statute

The Texas Natural Resources Code is an example of a

General

The U.S. District Courts are the federal court​ system's trial courts of​ _____ jurisdiction.

incorporation

The U.S. Supreme Court has applied the​ _____ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action.

federalism

The U.S. form of government is referred to as​ _____, which means that the federal government and the 50 state governments share powers.

limiting the use of digital technologies by the government

The United States has addressed the environment that resulted from the information age in all of the following ways EXCEPT​ __________.

actus reus

The actual performance of the criminal act is called the​ _____.

judgement n.o.v

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____.

embezzlement

The crime of​ _____ is the fraudulent conversion of property by a person to whom that property was entrusted.

Foreseeability

The general test of proximate cause is​ _____.

supervening

The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the​ seller's possession and the alteration or modification causes an injury. Such alteration or modification is called a​ _____ event.

all cases are treated​ alike; the actor must abide by the rule he or she uses to judge

The universal rules of Kantian ethics are based on two important​ principles: 1) consistencylong dash—that ​is, _________________, with no exceptionslong dash—and ​2) reversibilitylong dash—that ​is, ____________________ the morality of someone​ else's conduct.

Eighth

The​ _____ Amendment to the U.S. Constitution protects criminal defendants from cruel and unusual punishment.

fourth

The​ _____ Amendment to the U.S. Constitution protects persons and corporations from overzealous investigative activities by the government.

fifth

The​ _____ Amendment to the U.S. Constitution provides that no person​ "shall be compelled in any criminal case to be a witness against​ himself."

Supremacy

The​ _____ Clause of the U.S. Constitution establishes that the Constitution and federal​ treaties, laws, and regulations are the supreme law of the land.

Natural law

The​ _____ School of jurisprudence asserts that the law should be based on morality and ethics.

Critical Legal Studies

The​ _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.

attractive nuisance

The​ _____ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed or injured while doing so.

exclusionary

The​ _____ rule says that evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

corporate citizenship

The​ _____ theory of social responsibility argues that business has a responsibility to improve society and help solve social problems.

Information Infrastructure Protection Act

The​ __________________ makes it a federal crime for anyone to access and acquire information intentionally from a protected computer without authorization.

Litigation

The​ bringing, maintaining, and defending of a lawsuit is generally referred to as​ _____.

rejoinder

The​ defendant's attorney can call additional witnesses and introduce other evidence to counter the​ plaintiff's rebuttal. What is this​ called?

contributory negligence

Under the defense of​ _____, a party who is partially at fault for causing her own injuries is barred from recovering damages from the defendant in a product liability action.

Full faith and credit

Under the​ _____ Clause of the United States​ Constitution, a judgment of a court of one state must be recognized by the courts of another state.

to review the trial court record for errors

What is the function of an intermediate appellate​ court?

the lower court decision is​ affirmed, and the vote is not precedent for later cases

What is the legal effect of a tie vote at the United States Supreme Court​ level?

maximize profits

What is the traditional view of the social responsibility of​ business?

to administer the law in a uniform manner

What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common​ law?

to eliminate unfair results and limited remedies of law courts

What was the main reason for the establishment of chancery courts during the development of English common​ law?

takings clause

When the government needs property to build a new school or a​ firehouse, or to construct a road or​ freeway, it may need to acquire the necessary property from private landowners. Which clause allows government to do​ this?

enumerated

When the states ratified the U.S.​ Constitution, they delegated certain​ powers, called​ _____ powers, to the federal government.

intentional​ torts, negligence, and strict liability

Which of the following are the three categories of​ torts?

establishing uniform principles of individual morality

Which of the following is NOT a primary function of law in the United​ States?

the wrongdoer was a casual​ (i.e., a​ non-merchant) seller

Which of the following is NOT a required element of​ fraud?

Utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society. This means the greatest good for the greatest number of people.

Which of the following is an INCORRECT statement regarding​ utilitarianism?

To be liable for a criminal​ conspiracy, a person must commit an overt act to further the crime.

Which of the following is an accurate statement regarding a criminal​ conspiracy?

A hung jury cannot come to a unanimous decision about the​ defendant's guilt.

Which of the following is an accurate statement regarding a hung​ jury?

A warrantless arrest must be based on probable cause and a showing that it was not feasible to obtain an arrest warrant.

Which of the following is an accurate statement regarding a warrantless​ arrest?

commercial speech

Which of the following is an example of limited protected​ speech?

Law and Economics

Which of the following schools of jurisprudential thought might suggest that the federal​ government's policy of subsidized housing provides incentives resulting in too many homes being​ built?

actual

_____ cause is also called causation in fact.

Stare decisis

_____ means​ "to stand by the​ decision."

ordinance

​A(n) _____ is a law enacted by local government​ bodies, such as cities and​ municipalities, counties, school​ districts, and water districts.

Statute

​A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.

Interrogatories

​_____ are written questions submitted by one party to a lawsuit to another party.

proximate

​_____ cause is also called legal cause.

law

​_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.

Comparative negligence

​_____ is a doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.

Arbitation

​_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.

Res ipsa loquitur

​_____ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the​ situation, and the plaintiff would not have suffered injury but for​ someone's negligence.

Voluntary manslaughter

​_____ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance and that is committed under circumstances that would cause a person to become emotionally upset.

Second-degree murder

​_____ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance.

Pretrial hearings

​_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

In rem

​_____ jurisdiction means​ "jurisdiction over the​ thing."

Administrative

​_____ law is enacted by governments that regulate industries and business and professionals.

A Good Samaritan​ law; ordinary

​_____ relieves medical professionals from liability for​ _____ negligence when they stop and render aid to victims in emergency situations.

The United States Constitution is

​_____ the supreme law of the United States.

C. Substantive due process

​_______ is a category of due process that requires government​ statutes, ordinances,​ regulations, or other laws be clear on their face and not overly broad in scope.

law, equity, and merchant

​law, equity, and merchantWhich of the following are categories of courts that established English common​ law?


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