Business of Law Final
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?
