Save
Busy. Please wait.
or

show password
Forgot Password?

Don't have an account?  Sign up 
or

Username is available taken
show password

why


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
We do not share your email address with others. It is only used to allow you to reset your password. For details read our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't know (0)
Remaining cards (0)
Know (0)
0:00
share
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

Business Law 1

QuestionAnswer
common law case after case. •case law: (civil law) a law established by following earlier judicial decisions
statutes a law passed by a legislative body. statutes command or prohibit something, or declare policy.[
substantive rules state the rights of the parties
procedural rules how a court should go about settling disputes
stare decisis let the decision stand
public law rights and obligations of governments as they deal with the nation's citizens
sovereign recoginzed political power whom citizens obey
ethics how people should act
alternative dispute resolution any other formal or informal process used to settle disputes without resorting to a trial
litigation lawsuits, the process of filing claims in court, and go to trial
jurisdiction courts power to hear a case
appellant party filing appeal
appellee party opposing the appeal
briefs written arguments in a case
reversed nullified
affirmed permitted to stand
writ of certiorari asking the court to hear the case
pleading documents that begin a lawsuit
complaint short, plain statement of the facts she is alleging and the legal claims she is making
default judgement meaning a decision that the plaintiff wins without a trial
counter claim second lawsuit by the defendant against the plaintiff
reply answer to a counter claim
motion formal request to the court
motion to dismiss request that the court terminate a case without permitting it to go further
discovery pre trial opportunity for both parties to learn strengths and weaknesses of opponents
deponent person being questioned
summary judgement a ruling by the court that no trial is necessary because there are no essential facts in dispute
voir dire to speak the truth
preponderance of the evidence plaintiff's burden in a civil lawsuit is to prove its case
direct examination when a lawyer asks her own witness a question
cross examine asking questions of opposing witnesses
directed verdict a ruling that the plaintiff has entirely failed to prove some aspect of her case
judgment non obstante veredicto a judgment notwithstanding the jury's verdict
precedent earlier decisions by the state appellate courts on similar or identical issues
affirm allow decision to stand
reverse to nullify
common law case after case
statutes a law passed by a legislative body
substantive rules state the rights of the parties
procedural rules how a court should go about settling disputes
stare decisis let the decision stand
public law rights and obligations of governments as they deal with the nation's citizens
sovereign recoginzed political power whom citizens obey
ethics how people should act
alternative dispute resolution any other formal or informal process used to settle disputes without resorting to a trial
litigation lawsuits, the process of filing claims in court, and go to trial
jurisdiction courts power to hear a case
appellant party filing appeal
appellee party opposing the appeal
briefs written arguments in a case
reversed nullified
affirmed permitted to stand
writ of certiorari asking the court to hear the case
pleading documents that begin a lawsuit
complaint short, plain statement of the facts she is alleging and the legal claims she is making
default judgement meaning a decision that the plaintiff wins without a trial
counter claim second lawsuit by the defendant against the plaintiff
reply answer to a counter claim
motion formal request to the court
motion to dismiss request that the court terminate a case without permitting it to go further
discovery pre trial opportunity for both parties to learn strengths and weaknesses of opponents
deponent person being questioned
summary judgement a ruling by the court that no trial is necessary because there are no essential facts in dispute
voir dire to speak the truth
preponderance of the evidence plaintiff's burden in a civil lawsuit is to prove its case
direct examination when a lawyer asks her own witness a question
cross examine asking questions of opposing witnesses
directed verdict a ruling that the plaintiff has entirely failed to prove some aspect of her case
judgment non obstante veredicto a judgment notwithstanding the jury's verdict
precedent earlier decisions by the state appellate courts on similar or identical issues
affirm allow decision to stand
reverse to nullify
veto it is not law
promulgate to create a new rule
subpoena order to appear at a particular time and place to provide evidence
adjudicate hold a hearing about an issue and then decide it
framers founding fathers
constitution series of compromises about power
bill of rights first 10 amendments
supremacy clause the constitution, and federal statutes and treaties, shall be the supreme law of the land
judicial review power of federal courts to declare a statute or governmental action unconstitutional and void
judicial activism courts willingness or eagerness to become involved in major cases
judicial restraint an attitude that courts should leave lawmaking to legislators and nullify a law only when it unquestionably violates the constitution
constitutional rights protected against governmental acts
commercial speech if false or misleading, may be outlawed altogether
procedural due process before the government takes liberty or property, the affected person has a fair chance to oppose the action
takings clause prohibits a state from taking private property for public use without just compensation
eminent domain government taking land
equal protection clause governments must treat people fairly
tort a violation of a duty imposed by the civil law
intentional torts harm caused by a deliberate action
negligence and strict liability injuries caused by neglect and oversight rather than by deliberate conduct.
element a fact that a plaintiff must prove to win a lawsuit
opinion a valid defense in a defamation suit because it cannot be proven true or false
pubic official police chief
public figure movie star
malice defendant knew the statement was false or acted with reckless disregard of the truth
qualified privilege exists when two people have a legitimate need to exchange information
false imprisonment intentional restraint of another person without reasonable cause and without consent
batter intentional touching of another person in a way that is unwanted or offensive
assault defendant does some act that makes a plaintiff fear imminent battery
trespass intentionally entering land that belongs to someone else or remaining on the land after being asked to leave
conversion taking or using someone's personal property without consent
single recovery principle requires court to settle the matter once and for all by awarding a lump sum for past and future expenses
punitive damages intended to punish the defendant for conduct that is extreme and outrageous
fraud injuring another person by deliberate deception
commercial exploitation prohibits the use of someone's likeness or voice for commercial purposes
licensee anyone on the land for her own purposes but with the owner's permission
invitee someone on the property as of right because it is a public place or a business open to the public
factual cause if the defendant's breach physically led to the ultimate harm
res ipsa loquitur the thing speaks for itself
compensatory damages amount of money that the court believes will restore him to the position he was in before the defendant's conduct cause an injury.
punitive damages money intended not to compensate the plaintiff but to punish the defendant
contributory negligence if the plaintiff is even slightly negligent she recovers nothing
comparative negligence plaintiff may generally recover even if she is partially responsible
assumption of the risk a person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured
judicial restraint a court taking a passive role and requiring the parties to fulfill whatever obligations the agreed to
judicial activism courts ignore certain provisions of a contract, or an entire agreement
contract a promise that the law will inforce
bilateral contract both parties make a promise
unilateral contract on party makes a promise that the other party can accept only by doing something
express contract two parties explicitly state all important terms of their agreement
implied contract words and conduct of the parties indicate that they intended an agreement
executory when one or more parties has not fulfilled its obligations
executed when all parties have fulfilled their obligations
valid contract one that satisfies all of the law's requirements
unenforceable agreement when parties intend to form a valid bargain but a court declares that some rule of law prevents enforcing it
voidable contract when the law permits one party to terminate the agreement
void agreement one that neither party can enforce
quantum meruit plaintiff gets as much as he deserved
offer an act or statement that proposes definite terms and permits the other party to create a contract by accepting the terms
offeror person who makes offer
offeree person to whome the offer is made
output contract obligates the seller to sell all of his output to the buyer, who agrees to accept it
requirements contract obligates a buyer to obtain all of his needed goods from the seller
implied warranty of merchantability goods must be of at least average, passable quality in the trade
acceptance gnerally effective on dispatch, meaning the moment it is out of the oferee's control
consideration must be bargaining that leads to an exchange between the parties
rescind means to cancel
liquidated debt no dispute for the amount owed
accord and satisfaction to settle for less than the creditor claims
usury laws prohibit charging excess interest on loans
noncompete clause an employment contract is generally enfoceable only if it is essential to the employer, fair to the employee, and harmless to the general public
exculpatory clause on the attempts to release you from liability in the event of injury to another party
bailment giving possession and control of personal property to another person
unconscionable contract on that a court refuses to enforce because of fundamental unfairness
adhesion contracts standard form contracts prepared by one party and given to the other on a take it or leave it basis
minor someone under the age of 18
unilateral mistake one party enters a contract under a mistaken assumption
bilateral mistake both parties negotiate based on the same factual error
parol evidence refers to anything that was said, done, or written before the parties signed the agreement or as they signed it
third party beneficiary someone who was not a party to the contract but stands to benefit from it
incidental beneficiary not an intended beneficiary
assignment of rights contracting party may transfre his rights under the contract
delegation of duties a party transfers her duties pursuant to the contract
assignor the one making an assignment
assignee the one receiving the assignment
gratuitous assignment one made as a gift for no consideration
novation three way agreement in which the obligor transfers all rights and duties to a third party. the obligee agrees to look only to the third party for performance
condition an event that mus occur before a party becomes obligated under a contract
commercial impracticability some event has occurred that neither party anticipated and fulfilling the contract would now be extraordinarily difficult and unfair to one party
frustration on purpose some event has occurred that neither party andicipated and the contract now has no value for one party
remedy method a court uses to compensate an injured party
injunction an order forcing someone to do something or refrain from doing something
interest a legal right in something
incidental damages relatively minor costs that the injured party suffers when responding to the breach
legal remedies expectation and reliance interests
restitution a common remedy in contracts involving fraud, misrepresentation, mistake, and duress
injunction a court order that requires someone to do something or refrain from doing something
preliminary injunction an order issued early in a lawsuit prohibiting a party from doing something during the course of the lawsuit
mitigate keep damages as low as he reasonably can
reformation partially re writing a contract
nominal damages a token sum such as a dollar
Created by: amdreiling6
 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!

"Know" box contains:
Time elapsed:
Retries:
restart all cards