Business Law Quiz #1 (Chapters 1-3)

Business and the Bill of Rights

Bill of rights is the first ten individual liberties protected from government interference. Bill of rights then only applied to federal government but are incorporated into the states. Many of these protections additionally apply to business.

Unintentional Torts

Negligence occurs when plaintiff is legally injured due to defendant's failure to live up to a reasonable standard of care causing foreseeable risk of injury. Did defendant owe plaintiff a legal duty of care? Did defendant breach that duty? Did defendant's breach of duty cause plaintiff's injury? What are Plaintiff's damages ?

Interrogetories

a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case

Statute

a law passed by congress or a state legislature

Criminal Liability

a person's wrongful act that may hold him liable and/or guilty for both criminal or civil action

Statute of Limitation

a specific length of time to sue for damages from negligence (ex: suing for a car accident in PA is 2 years, Breach of contract is 3 years)

Rawlsian Justice

a theory of distributional justice that concludes that the social contract emerging from the "original position" would call for an income distribution that would maximize the well-being of the worst-off member of society

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

a treaty on international intellectual property

Absolute privilege

a witness testifying in a court or legislature may never be sued for defamation, have judicial and legislative proceedings

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. Can occur in a private civil or legal capacity

Defamation Defenses

truth is an absolute defense, statement was privileged ,

Criticisms of adversarial system

very time consuming and costly, unfair in terms of superior ability of the wealthier side to afford the costs

Search and seizures in businesses

warrants are required in some cases, but not required for certain industries of high regulation

Bill collection activity

ways in which emotional distress is monetarily connected

Euphemisms and Reframing

when a phrase is curved to sound ethical when in reality it is not

Budgetary control

when agencies have less funding they have less regulation

Settlements

when an agreement is reached on a specific sum of damages to avoid the issue of a trial

bribery

when someone voluntarily offers payment to get an illegal advantage

Libel

written defamation

Intentional tort

wrongful act committed was knowingly and intended. Wrongdoer must intend the act or must have had knowledge of the consequences that would occur would interfere with the legal interests of the other party

fraud

wrongful or criminal deception intended to result in financial or personal gain

Regional Trade Agreements (RTAs)

treaties that integrate the economies of members through the reduction of trade barriers

The congressional review act

(1995) allows congress to kill a new regulation with a majority vote within 60 days it's proposal

Statutes of Limitations

The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.

General Agreement on trade in services (GATS)

A treaty on transnational services

Kuehn v. Pub Zone

-Defendant: Kerkoulas, pub zone owner, did not allow gangs in bar -Plaintiff: Kuehn, beaten to death by gang at pub zone -Judge: tavern owed nothing, overruled by jury's decision -Appealed: from past experience Kerkoulas known about gang violence, required "reasonable" safety precautions, the jury's verdict was reinstated

Conformity

Adjusting one's behavior or thinking to coincide with a group standard.

Agency Powers and the constitution

Administrative Agencies make legislative/substantive rules that are legally binding as laws that congress passed. This is why the bureaucracy is referred to usually as the "fourth branch"

Jury in Criminal case

Individual right for the defendant

Administrative Procedure Act

1.) Failed to Provide a rational explanation for it's decision 2.) Changed its prior policy without justification 3.) Considered Legally Inappropriate factors 4.) Entirely Failed to consider a relevant factor 5.) Rendered a decision plainly contrary to the evidence

United States Constitution

1787, Continental Congress made a constitution after Articles of Confederation failed; It included a central government divided into three branches (president, Senate, House of Representatives, and Supreme Court) and controlled by checks and balances. The Bill of Rights were ten amendments to the new constitution that guaranteed rights of freedom to citizens; made a national gov't that controlled taxes, army, trade, and currency.

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

protections when accused of a crime

4th, 5th, and 6th amendments

UN Security Council

A 15-member panel which bears the UN's major responsibility for keeping international peace. Five permanent Members in the US, UK, Russia, China, and France

Foreign Soverign Immunities Act

A US statute that provides that American courts generally cannot hear suits against foreign governments

Moral Universalism

A belief that some acts are always right or always wrong

Summary Judgement

A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial.

The slippery slope

A fallacy that assumes that taking a first step will lead to subsequent steps that cannot be prevented. this can also produce an unethical snowball.

treaty

A formal agreement between two or more sovereign states governed by international law

Criminal Law

A law that defines crimes that are threatening to society

Civil Law

A law that governs relationships between individuals and defines their legal rights, duties, and obligations

Mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Public Accountability

A number of statutes that make agencies more accountable through public scrutiny. This provide a business or entity the power to request and obtain agency records on themselves.

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial. (consists of interrogatories, subpoenas, medical examinations, and/or depositions)

Plaintiff's Case

A plaintiff bears the burden of proof to persuade the trier of fact of the merits of his or her case.

Incoterms Rules

A series of three-letter codes used in international contracts for the sale of goods

opening statement

A statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued.

Federalism

A system in which power is divided between the national and state governments

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

North American Free Trade Agreement (NAFTA)

A treaty among the US, Mexico, and Canada implemented on January 1, 1994, that largely eliminates trade barriers among the three nations and establishes procedures to resolve trade disputes. NAFTA serves as a model for an eventual Free Trade Area of the Americas zone that could include most Western Hemisphere nations.

Moral Licensing

After doing something ethical, many people then have a tendency to act unethically

Independent Regulatory Agencies

Agencies outside the major executive departments such as the Federal Aviation Administration or the Federal Communications Commission.

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review. Said "It is emphatically the province and the duty of the judiciary to say what the law is"

Mail Fraud

An act of fraud using the Postal Service, as in making false representations through the mail to exploit another party.

World Intellectual Property Organization (WIPO)

An international organization for the protection of intellectual property. WIPO administers 23 international treaties and is one of 16 specialized agencies of the Untied Nations. 183 nations are part of the WIPO and its headquarters is in Geneva, Switzerland.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Executive Agencies

Cabinet-level departments of the Executive Branch and their sub-departments.

Exclusive State Jurisdiction

Cases involving all matters not subject to federal jurisdiction (ex. divorce and adoption cases )

Fundamental right

Compelling state interest in which the court focuses on legislation

Process of Formal Administrative Adjudication

Complaint Answer Hearing before administrative law judge Order of Administrative law judge (fine, cease-and-desist letter) Appeal to governing board of agency Final Agency order Appellate Court review of agency decision Court order

following orders

Concerned with getting the job down regardless of cost to humanity or one's self. Could result in following unethical actions

Legislative controls

Congress creates/dissolves/advance/limit government agencies and their statutory authority.

Practical Consideration

Congressmen Can assist businesses in particular matters with agencies

Responsible Officer Doctrine

Corporate officers can be held criminally liable under some federal and state statutes. Responsibility sometimes attaches when the "responsible officer" fails to follow appropriate regulations. The officer doesn't have to know about, participate in, or direct the criminal act to be prosecuted about it

Corporate Political Speech

Corporations have protected speech but not to the rights of an individual person. The supreme court struck down campaign-reform finance laws as an unconstitutional burden on corporate speech

Reasonable doubt

The level of certainty a juror must have to find a defendant guilty of a crime.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Wrongful Interference

Defendant maliciously interferes and prevents relationship from forming, "predatory behavior" the idea in which a third party intentionally causes either party to breach their own contract

Duty of care and breach (negligence)

Duty is based on reasonable person standard. How would a reasonable person have acted under the circumstances? Duty of Professionals to clients (attorneys, CPA's, doctors).

money laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

First Amendment

Freedom of speech, religion, press, assembly, and petition. Applies to symbolic speech. Must be a balance between governments duty to protect community vs. Individual rights to speech

Commercial Speech

Given substantial protection. Government restrictions must directly advance their intended interest in the necessary means to do so. Receives less protection than political or religious speech.

Judicial Review (Marbury v. Madison)

Most important case in Supreme Court history - first U.S. Supreme Court case to apply the principle of judicial review (the power of federal courts to void acts of Congress in conflict with the Constitution.) Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive. Determines the constitutionality of the acts of other branches of the government

Wrongful Act (civil/criminal)

In civil law the wrongful act harm caused to a person or to a person's property and in criminal law the wrongful act is violating a statute that prohibits some form of activity

World Trade Organization (WTO)

International organization derived from the General Agreement on Tariffs and Trade (GATT) that promotes it free trade around the world.

private international law

International rules and standards applying to cross-border commerce

voir dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Alternative Dispute Resolution

Less costly, time consuming, and avoid publicity. Parties use a mediator/arbitrator/expert who knows more about a specific area of law then a judge. Problems are there are no precedents or publicity for issues of decision

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Strict liability

Liability without fault.Courts apply strict liability based on abnormally dangerous activities involving extreme risk of injury. Applications include: Blasting. Dangerous Animals.

foreign recognition

Means that a foreign judgment has legal validity in another country

Foreign enforcement

Means that the court system of a country will assist in enforcing or collecting on the verdict awarded by a foreign court

Subpoenas

Minor court orders to obtain testimonies or records

International Court of Justice

a court established to settle disputes between members of the United Nations (Judicial Branch) however, court has no enforcement power.

100

Number of members in the Senate

Plaintiff

One who begins a lawsuit

Parts of a trial

Opening Statements, Plaintiff's Case, Defendants Case, direct testimony & cross examination, closing statements, and verdict

Diversity Cases

Parties are not from the same state, and the amount in controversy is greater than $75,000, the law in question could emerge under state law

Contributory Negligence

Plaintiff contributed to his/her injury by any % of negligence, plaintiff gets nothing.

Executive Controls

President appoints heads of administrative agencies with consent of senate. Can change the political directions of rulemaking and it's enforcement.

subpoena

a court order requiring the appearance and/or testimony

the adversarial system

a court system in which both sides to a dispute present evidence through testimony of witness and experts and questioning or indicating the weakness of the other sides evidence to convince an impartial finder of fact to make a decision in their favor based upon the facts and relevant law

Difference Principle

Rawls' suggestion that society should reward behavior that provides the most benefit to the community as a whole

Tenth Amendment

Reserves all powers to the states not defined by federal powers under the constitution

Public International Law

Rules and norms governing relationships among states and international organizations

Pleadings

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.

Direct Testimony

Statements made by a party or party's witness under oath

Whole Woman's Health v. Hellerstedt (2016)

Supreme Court abortion ruling that struck down state law provisions in Texas as presenting an undue burden on women seeking abortions. This decision invalidated numerous state and local laws that imposed similar limitations on clinics.

U.S. v. Lopez (1995)

Supreme Court declared Gun Free School Zones Act exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional. First federal law declared to exceed commerce clause since the 1930s

Appellate Court Judges

Tasked to determine whether the trial judge correctly applied the law

Wickard v. Filburn (1942)

The Court maintained that Congress' power extends even to intrastate commerce if interstate commerce could be affected by it. Also stated that individual non-activity in the marketplace is actionable if that activity could have a substantial effect on interstate commerce. Specifically in this case it applied to the production sale and consumption of wheat.

Miranda v. Arizona (1966)

The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process. any government decision to take life, liberty or property must be fair. Requires: Notice and Fair Hearing.

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. This applies today to interstate e-commerce transactions.

UN Secretariat

The UN's executive branch, led by the Secretary General

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Life prospects

The circumstances into which we are born

the commerce clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. This is the greatest constitution impact on all US business both interstate and foreign

Limited Jurisdiction

The count is limited to a particular type of case or to an amount in dispute (eg. Small claims court)

ljtihad

The process of Islamic legal/religious reasoning

preponderance of evidence

The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

Federal Court System

The three-tiered structure of federal courts, comprising U.S. district courts (94 total in 12 districts), U.S. courts of appeal (13), and the U.S. Supreme Court (1)

Moral relativism

The view that a decision may be right even if it is not in line with one's ethical standards

reverse

To annul or make void a court ruling on account of some error or irregularity. This takes place at the appellate level

Sliding Scale Standard

To determine when they can exercise personal jurisdiction over an out-of-state defendant based on the defendant's Web activities. Jurisdiction can be enforced if there is substantial business interaction within a given jurisdiction, however not if it is just a passive website

Foreign Corrupt Practices Act

U.S. law regulating behavior regarding the conduct of international business in the taking of bribes and other unethical actions.

Practical Limits

US v Lopez and (1995) US v Morrison (2000) curbed federal regulatory powers. The "Obamacare" Ruling (National Federation v. Sebelius) upheld the health care law under the taxing power not the Commerce power.

Complaint

a formal notice that a lawsuit is being brought. Defendant will have a certain amount of time to answer

Corporate Contacts

Usually jurisdiction in the state it was incorporated, principal place of business, places goods in stream of commerce or actively advertises

US v. Morrison (2000)

Violence Against Women Act (VAWA) unconstitutional because it exceeded Congress' commerce clause power. With Lopez v. United States, two recent cases checking commerce clause growth of federal power (unchecked since New Deal). Next up: Obamacare.

Most favored nation

WTO/GATT requires that favors offered to one country must be given to all member nations

Strict Scrutiny

When a fundamental right (ie marriage, travel) is involved or when different treatment is based on race, ethnicity, religion or gender -government must meet "overriding state interest" test (ie Japanese-American internment during WWII or Affirmative Action programs today)

Administrative court

Where the specific members of an industry are identified of their violation and brought in for civil proceedings

New York convention

Widely accepted treaty on the court enforcement of arbitral awards

GATT (general agreement on tariffs and trade)

a United Nations agency created by a multinational treaty to promote trade by the reduction of tariffs and import quotas

Organized crime

a business operation that supplies illegal goods and services for profit

Verdict (criminal/civil)

a civil law verdict is a 3/4th's majority, and a criminal law verdict is unanimous

Strict Liability Tort

a civil wrong that involves taking action that is so inherently dangerous under the circumstances of its performance that no amount of due care can make it safe

Non-fundamental right

rational relationship to state interest to focus on legislation

wire fraud

the use of radio, television, telephone, internet, or other wired forms of communication to conduct fraudulent activities with the intent to deprive an owner of property

Compensatory damages

actual losses that put plaintiff in the situation he/she would've been in prior to the occurrence of the tort, quantifiable as loss wages and medical bills, can also include nonmonetary damages such as pain and suffering

Plea bargaining

agreement between prosecution and defendant, 90% of criminal cases do not go to trial

UN commission on international trade

aims to harmonize international business law by proposing international legislation and reform.

Categorical Imperative

an act is only ethical if it would be acceptable for everyone to do the same thing

injunction

an authoritative command or order

Defendant

an individual or group being sued or charged with a crime

International Monetary Fund (IMF)

an international organization that acts as a lender of last resort, providing loans to troubled nations, and also works to promote trade through financial cooperation. Aims to foster worldwide economic growth and financial stability.

Ethics decision

any choice about how a person should behave that is based on a sense of right and wrong. Laws sometimes laws may criminalize those who feel ethical about there decisions, and respect those who act unethical

Defense to negligence

assumption of risk, contributory negligence, comparative negligence

jurisdiction

based on the case or who is prosecuting, the court will either be handled by a state or federal capacity (or either in some cases)

General (unlimited) jurisdiction

both federal and state court systems - can decide cases involving a broad array of issues

Federal question

cases in which the rights or obligations of a party are created or defined by some federal law or a constitutional issue under the US constitution

Exclusive Federal Jurisdiction

cases that involve federal crimes, federal antitrust law, bankruptcy patents, copyrights, trademarks, suits against the US, some areas of admiralty law, and certain other matters specified in federal statutes

I did it for someone else

common practice in which unethical deeds are rationalization if they are done to benefit someone else

Battery

completion and contact of the assault, unconsented harmful or torching action

False Imprisonment

confinement or restraint of another person's activities without justification. Merchants can detain a suspected shoplifter as long as there is any probable cause but any restraint must be reasonable

Conflicts of interest

conflicts that occur when employees or managers engage in activities on behalf of the company and have a personal interest in the outcome of those activities

Agencies/Administrations Authorized by Legislation

congress passes legislation to specify the name, purposes, functions, and powers of administrative agency, e.g., the Federal Trade Commission. Federal administrative agencies may exercise only those powers that Congress has delegated to them in legislation.

Defense of assault and battery

consent, self-defense, defense of others, defense of property

Liability of the corporate entity

crimes must occur within the scope of employment and corporations can be held criminally liable when they fail to fulfill statutory duties

Trial Court Judges

decide questions of law and preside over jury trials

Unprotected speech

defamatory speech, threatening speech violating criminal laws, fighting words. Also obscene speech which has no merit, offends people, and violates community standards

Roe v. Wade (1973)

determined that abortion rights fall within the privacy implied in the 14th amendment

State court systems

each state has a separate court system which contains 3 levels of courts: 1.limited and general jurisdiction trial courts. 2. Intermediate appellate courts. 3. Supreme court (highest court in system).

Jury in Civil suit

either party may demand for the sake of trial

White collar crimes

embezzlement, bribery, foreign corrupt practices act, fraud, mail and wire fraud, Money laundering

14th Amendment

equal protection under the law. The government must treat similarly situated individuals (or businesses) all in the same manner

Deontological

ethical theory based on duty and obligation. Duty to do the right thing regardless of the result that it may reap. Made by Immanuel Kant

Exclusionary Rule

evidence obtained in violation of constitutional procedures must be excluded from evidence. "fruit of the poisonous tree" which deters police from misconduct

Puffery

exaggerated sales talk which is not considered misrepresentation

Infliction of Emotional Distress

extreme and outrageous conduct intentionally or recklessly causing severe emotional distress. Some courts require physical distress

Negligence-unintentional tort

failure to exercise due care

Inspection

form of rule enforcement in which a warrant is usually required unless the business is in a highly regulated industry (firearms, alcohol)

51

how many court systems in the united states?

Beyond reasonable doubt

in a criminal case the state be able to show that the defendant performed the prohibited act and had the specific state in mind to do so (if not then there is no conviction)

lost in the crowd

in a group - people are less likely to take responsibility, assuming that someone else will in a business - tempting to go with the flow rather than protest the wrongdoing

closing statement

in a trial, each attorney's summary of the case, which attempts to persuade the judge (and the jury if there is one) to favor his or her side

Burden of proof (Criminal/Civil)

in civil law it is the preponderance of proof and in criminal law it is reasonable doubt

Parties who bring suit (civil/criminal)

in civil law suit is brought by the person who has suffered harm, and in criminal law the state brings suit

lying in a special case

intentional deception is tolerated; consequences can be severe. Lying to make others feel better

Fraudulent Misrepresentation

intentional deception of another that causes belief in a condition that is different from a condition that already exists (misrepresentation of facts, intent to induce innocent party to rely, justifiable reliance by innocent party, causation of damages)

Customary International Law

international law that usually develops slowly, over time, as states recognize practices as appropriate and correct

Court orders

judges can place binding obligations on people or companies

World Bank's

large economic business aimed at the goal to end poverty and maximize development

Miranda v Arizona

law enforcement must inform suspect of his or her rights to reman silent, anything said can be used to obtain a conviction in court, right to an attorney, right to have attorney provided if one cannot be afforded

Shari'a Law (Islamic Law)

laws based on the teachings of Muhammad and the Quran, the holy book of Islam

Comparative Negligence

long as Plaintiff is less than 50% at fault he can recover a pro-rata share of the verdict.

Reacting to unethical behavior

loyalty, exit, voice

Minimum Scrutiny

mere reasonableness; government action to restrict freedoms is valid if it involves any legitimate government interest that is not overboard.

Bail (criminal trial)

money or property posted with the court to ensure defendant is present at future proceedings

Ethics Traps

money, competition, rationalization

Concurrent Jurisdiction

most cases involving federal questions, diversity of citizenship cases

Publication Requirement

third party must hear or see statement. An individual who re-publishes the statement may be liable.

Jury for civil suit seeking an injunction

this type of case has no right to a jury

Trespass to land

occurs when a person, without permission, enters onto someone's land or remains on the land or permits anything to remain on the land, actual damages or harm to the property is not required to prove trespass. Actual damages or harm to the property is not required to prove trespass. can be defended if trespasser had a license

We Can't Be Objective About Ourselves

one cannot think that they are better than anyone else

Exceptions of Public Accountability

ongoing criminal and/or civil investigations/court actions, National Security. The court decides whether or not these are exceptions, not the administrative agency.

Businesses and due process of law

opportunity to be heard by a neutral magistrate

Slander

oral defamation

Judicial Controls

party seeking review must demonstrate standing to sue, there must be actual controversy at issue, and have exhausted all possible administrative remedies. Judicial review of agency action will frequently address whether the agency has acted beyond its authority or failed to discharge its responsibility.

double jeopardy

person cannot be retried for same event in same court, but civil action is permitted, federal and state does not apply to this because they are separate courts

Public figures

plaintiff must show statements made with actual malice. These people are specific officials, candidates for office, political activists, celebrities, etc.

Dormant Commerce Clause

power of states to negate and regulate interstate commerce. Comes into play when the interests of the states meet with the interests of the national government (ex: internet transactions)

Discovery (criminal trial)

prosecutor gives defense everything they have defense only needs to notify on an alibi defense or insanity defense

Defamation

publication of a false statement to a 3rd party or to a person's business reputation

Punitive damages

punish wrongdoer for shocking or outrageous conduct or exemplary damages

435

representatives in the house

Attorney-Client Privilege

right of individual to have discussions with his/her attorney kept private and confidential (both discussion and work product)

Six and eighth amendments

right to a speedy trial, right to a jury trial, right to a public trial, right to confront witnesses, right to counsel, and prohibition on cruel and unusual punishment

self-incrimination

right to remain silent or right to not testify against yourself

Adjudication

series of steps that determine whether a claim should be paid/process determining whether or not defendant is guilty. Process revolves around the negotiation of settlements, formal complaints, hearing procedures, and agency orders

Arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider

Arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider (third-party)

how to avoid ethics traps

slow down, do not trust your first instinct, remember your life principles

Depositions (Discovery)

sworn testimony of a witness or expert of a party recorded and transcribed by a court reporter

embezzlement

taking for one's own use in violation of trust; stealing (of money placed in one's care)

Remand

to send a case back to a lower court to be tried again

Affirm

to uphold the ruling of a lower court

UN General Assembly

the UN's law making body composed of all member nations to propose and vote on resolutions

Remedy (criminal/civil)

the civil law remedy is damages to compensate for the harm or decree to achieve an equitable result and the criminal law remedy is punishment by fine imprisonment of death

Long-Arm Statutes

the court can exercise jurisdiction over out-of-state defendants if they had sufficient minimum contacts to warrant it

subpoena duces tecum

the court command to a witness to produce at trial a certain pertinent document he or she holds

holding

the court's determination of a matter of law based on the issue presented in the particular case

Racketeering in corrupt organizations act (RICO)

the criminal provisions consist of 26 different felonies the transfer to fines in excess of 25,000 dollars or 20 years per felony, also gives an affected party the right to bring civil tort for the same

verdict

the decision a jury makes in a trial; the decision said by the jury

Commerce power today

the federal government has unlimited control over all business transactions since any enterprise (in the aggregate) can have a "substantial effect" on interstate commerce.

Rulemaking

the formulation of new regulation, involves three steps: -Notice of Proposed Rulemaking -Comment Period -The final rule

sovereignty

the idea that each government has the absolute authority to rule its people and its territory

The fudge factor

the idea that everyone is willing to cheat on a small scale

optimisim bias

the idea that the outcome of an event will be more positive than the evidence warrants

Standing

the legal right to sue for an actual injury or an actual controversy. Having a material stake in the matter (standing of public citizen interest groups)

Utilitarian Ethics

the moral worth of actions or practices is determined by their consequences. Created by John Stuart Mill

National Treatment

the nondiscrimination between both foreigners and locals

Defendant's Case

the part of a trial that occurs after the plaintiff has put on his case, when the defendant calls and examines witnesses and introduces evidence supporting his or her case

Extraterritoriality

the power of one country's laws to reach activities outside of the borders

executive power

the power to execute, enforce, and administer law (Article II)

Judicial Power

the power to interpret laws, to determine their meaning, and to settle disputes that arise within the society (Article III)

legislative power

the power to make a law and to frame public policies and laws (Article I of the constitution)

ethics

the principles of right and wrong that guide an individual in making decisions

Assault

the reasonable apprehension of fear of immediate contact

Life Principles

the rules by which you live your life. people who think about the right rules for living are less likely to do wrong

Veil of Ignorance

the rules for society that we would propose if we did not know how lucky we would be in life's lottery

Police powers

the states powers to regulate health, safety, morals and the general welfare. Includes licensing, building codes, parking regulations and zoning restrictions

blind spots

the tendency to ignore issues that we would rather not choose to entertain

Diversity of Citizenship Jurisdiction

the type of jurisdiction allowing a federal court to hear a case based on a state law claim when the parties to the lawsuit are residents of different states (think Meisels of Lone Star case)

Appropriation

the use of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the user, right of publicity as a property right focuses on the commercial exploitation of likeness