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BSLW 251 Test 1
BSLW Test 1
| Term | Definition |
|---|---|
| Right vs. Duty: | A right is a legal capacity to require another person to perform or refrain from performing an act. A duty is an obligation of law imposed on a person to perform or refrain from doing a certain act. |
| Common Law: | The body of unwritten principles |
| Statutory Law: | Legislative acts declaring, commanding, or prohibiting something. |
| Constitutional Law: | Laws declared by the constitution. |
| Administrative Law: | Rules made by the state and federal administrative agencies, such as the SEC. |
| Stare Decicis | "Let the decision stand" The principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. |
| Substantive Law v. Procedural Law | Substantive law: the law that defines rights and liabilities. Procedural law: the law that must be followed in enforcing rights and liabilities. |
| Equity V. Legal Remedies | Equity applies when legal remedies cannot provide adequate relief in the form of monetary damages. |
| Specific Performance | Self explanatory. |
| Subject Matter Jurisdiction, Original v. Appellate | Subject matter jurisdiction is the authority to hear a particular case. Original jurisdiction hears a controversy when it is first brought to court. Appellate jurisdiction reviews the work of a lower court. |
| Majority Opinion | |
| Concurring Opinion | |
| Dissenting Opinion | |
| Rule of Four; Writ of Certiorari | Writ of Certiorari is a preliminary review of cases appealed to the United States supreme court. Four justices must agree to hear the case. |
| Federal Court System | |
| State Court System | |
| Litigation | The process of a bringing a complaint to court. |
| Complaint | The initial pleading filed by a plaintiff. |
| Affirmative Defenses | |
| Motions | Request made to the court. |
| Summary Dispositions | The defense wins the case before it goes to trial because the facts do not support the case. |
| Directed Verdict Deposition | A motion made by the defendant saying that the prosecution did not make their case. |
| Interrogatories | Written questions used as a discovery tool that must be answered under oath. |
| Discovery | Procedure for ascertaining facts prior to the trial. |
| Trial, Jury v. Bench | |
| Opening Statements | Statements by opposing attorneys that tell the jury what their cases will prove. |
| Voir Dire | The process of jury selection including preliminary exams of prospective juror. |
| Closing Arguments | A.K.A summation. Attorneys sum up their case and recommend a verdict to the jury. |
| Mistrial | A courts declaration that terminates a trial or postpones it to a later date. |
| Verdict | Ruling of the court at the end of a trial. |
| Alternative Dispute Resolution | Means other than litigation to resolve disagreements or disputes. Including mediation. |
| Mediation | The uses of a neutral person to act as a messenger between opposing sides. |
| Case Facilitation | |
| Case Evaluation | Performed by a third party. Estimates the value of a case. |
| Business Ethics | Balancing the goal of profits with values of individuals and society. |
| Regulation | |
| Public policy | |
| U.S. Constitution | The written document that establishes the structure of the government and its relationship to the people. |
| Bill of Rights | First ten amendments to the constitution. |
| Delegated Powers | Powers expressly granted to the national government by the constitution |
| Concurrent Powers | Powers shared by the the federal and state governments. |
| Regulation of Commerce | Article 1 section 8 of the U.S Constitution. Power given to the federal government by the constitution. |
| Due Process | The right to be heard, question witnesses and present evidence. Your day in court. |
| Equal protection of the Law | All persons must be treated equally by the government. |
| Constitutional limitations on Administrative investigation (4th Amendment ) | Protects against unreasonable searches and seizures. |
| Administrative Remedies | The governments power to regulate and protect business. |
| Intellectual Property Rights | Trademarks, copyrights and patents. |
| Trade Barriers | A restriction that inhibits the free movement of goods between countries. |
| Criminal Liability (Felonies v. Misdemeanors) | Felonies are more severe crimes. You go to prison instead of jail. |
| Mens Rea | The persons intent; mental state. |
| Conspiracy | Agreement between to or more persons to commit an unlawful act. |
| Forgery | Fraudulently making or altering an instrument that apparently creates or alters a legal liability of another. |
| Perjury | Lying under oath. |
| Criminal Procedure and Rights | business criminals are treated the same procedurally as other criminals. |
| Torts; Assault, Battery | Assault is conduct that threatens a person. Battery is wrongful touching of a person without that persons consent. |
| False imprisonment | Detention of a person without that persons consent. |
| Intentional infliction of emotional distress | Tort that produces mental anguish caused by conduct that exceeds all bounds of decency. |
| Cyber Law | |
| Negligence | Failure to exercise due care. |
| Reasonable Person Standard | |
| Breach of Duty | |
| Damages | Actual losses claimed by the plaintiff. |
| Assumption of risk | |
| Trademarks | Mark that identifies a product. |
| Copyright | Exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work. |
| Internet Domain Names | |
| Infringement | illegal use of a trademark, copyright, etc. |
| Trade Secrets | |
| Clayton Act; Robinson-Patman Act | Both acts prohibit price discrimination. |
| Sherman Anti-Trust Act; Anti-Trust Violations | Prohibits combinations and contract in restraint of interstate trade. |
| Monopolies; Price Fixing | |
| Freedom of Information Act FOIA | Law permitting citizens to request documents and records from administrative agencies. |
| Uniform Commercial Code UCC | |
| Foreign Corrupt Practices Act | Law that makes it a felony to influence decision makers in other countries for the purpose of obtaining business. |
| White Collar Crime Penalty Enhancement Act | Provides for longer sentences and higher fines for both executives and companies. |
| Rackateer Influenced and Corrupt Organizations RICO | Federal law initial targeting organized crime. |
| Sarbanes-Oxley Act | Clarifies corporate fraud. |
| Economic Espionage Act | Law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and information from a computer to an unauthorized person. |
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