Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Business Law
Chapters 1-3
| Term | Definition |
|---|---|
| Law | governmental rule prescribing conduct and carrying a penalty for violation |
| Damages | a sum of money a wrongdoer must pay to an injured party |
| Business Law | rules of conduct for the performance of business transactions |
| Common Law | English custom recognized by courts as binding |
| Equity | justice system based on fairness; provides relief other than merely money damages |
| Restraining Order | court's temporary order forbidding an action |
| Injunction | court's permanent order forbidding an action |
| Constitution | document that contains fundamental principles of a government |
| Bill of Rights | first ten amendments to the U.S. Constitution |
| Statute | law enacted by legislative bodies |
| Ordinance | law enacted by cities |
| Code | collection or laws, rules, or regulations |
| Precedent | court decision that determines the decision in a subsequent, similar case |
| Stare decisis | stand by the decision; principle that a court decision controls the decision of a similar future case |
| Administrative Agency | governmental board or commission with authority to regulate matters or implement laws |
| Civil Law | law dealing with enforcement or protection of private rights |
| Criminal Law | law dealing with offenses against society |
| Crime | offense against society |
| Prosecutor/District Attorney | government employee who brings criminal actions |
| Felony | more serious crime usually punishable by death or by imprisonment in a penitentiary or state prison for more than one year |
| Misdemeanors | less serious crime punishable by a fine or imprisonment in a country or local jail |
| Wobbler | offense that can be either a felony or a misdemeanor |
| Violation/Infarction | offense less serious than a misdemeanor; carry penalties of a fine or imprisonment such as speeding or making an illegal U-turn |
| Ethics | principles that determine the morality of conduct, its motives, and its duties |
| Jurisdiction | authority of a court to hear a case |
| Long-arm Statute | law allowing a state to have jurisdiction over nonresidents; normally based on some action in the state where suit is brought |
| Venue | location where a case is to be tried |
| Trial Court | court that conducts original trial of a case |
| Appellate Court | court that reviews the decision of another court |
| Special Federal Court | federal trial court with limited jurisdiction; they are limited by the laws of Congress creating them |
| Federal District Court | trial court of federal court system |
| Diversity Jurisdiction | federal jurisdiction based on parties being from different states |
| Federal Court of Appeals | court that hears appeals in federal court system |
| Supreme Court of the United States | highest court in the U.S. has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in cases in which a state is a party |
| Writ of Certiorari | order to produce record of a case |
| Inferior Court | trial court that hears only cases involving minor offenses and disputes |
| Court of Original General Jurisdiction | court of record in which case is first tried |
| Court of Record | court in which an official record of the proceedings is kept |
| State Court of Appeals | intermediate appellate court |
| State Supreme Court | highest court in most states |
| Probate Court | court that handles estates and wills |
| Juvenile Court | court that handles delinquent. dependent, and neglected children |
| DomesticRelations Court | court that handles divorce and related cases |
| Judge, Justice of the peace, magistrate, or trial justice | chief officer of court |
| Sheriff | court of record executive officer |
| Marshal | executive officer of federal court |
| Lawyer/Attorney | person licensed to represent others in court |
| Procedural law | law specifying how actions are filed and what trial procedure to follow |
| Complaint/Petition | written request to a court to settle a dispute |
| Plaintiff | person who begins a civil lawsuit |
| Defendant | person against whom a case is filed |
| Summons or process | notice of suit |
| Answer or motion | response of defendant to a complaint |
| Discovery | means of obtaining information from other party before a trial |
| Verdict | decision of a jury |
| Tort | private or civil wrong for which damages may be recovered |
| Negligence | failure to exercise reasonable care |
| Tortfeasor | person whose action causes injury |
| Contributory negligence | negligence of the injured party |
| Comparative negligence | contributory negligence that reduces but does not bar recovery |
| Business Tort | tort caused by or involving a business |
| Strict Liability | manufacturer of product liable without proof of negligence for dangerous product |
| Injurious Falsehood, Commercial disparagement, or Trade Libel | false statement of fact that degrades quality of another's goods or services |
| Communication | telling a third person |
| Confusion of source | representing goods or services as those of another |
| Trademark | word, symbol, device, or combination of them used to identify and distinguish goods |
| Secondary Meaning | special meaning of a mark that distinguishes goods |
| Trademark or trade name infringement | unauthorized use or imitation of another's mark or name |
| Trademark or trade name dilution | lessening the capacity of a famous mark to identify and distinguish goods |
| Unfair competition | total impression of product results in confusion as to its origin |
| Business crime | crime against a business or committed by using a business |
| Theft | taking another's property without consent |
| Shoplifting | taking unpurchased goods from a store |
| Embezzlement | fraudulent conversion of property lawfully possessed |
| Larceny | taking and carrying away of property without consent |
| Racketeer Influenced and Corrupt Organization Act (RICO) | federal law designed to prevent the infiltration of legitimate businesses by organized crime |
| Computer Crimes | crime that is committed with the aid of computers or because computers are involved |
| Computer Trespass | unauthorized use of, or access to, a computer |
| Hacker | unauthorized outsider who gains access to another's computer system |
| Rogue Program | set of software instructions that produces abnormal computer behavior |
| Pirated Software | software copied illegally |
| Disgorgement of profits | having to pay back profits received illegally |
| Debarment | Prohibition of doing business with government |
Created by:
salyardsvickie