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Flashcards Deck Profile
Business Final  by  carlosggarcia92
created: 06-25-2014
deck type: public
total cards: 57
total views: 3
FINALLY
Study Business Final Flashcards
Study Business Final Flashcards
Flashcards
question
answer
type
1
Civil vs. Criminal law
Civil law deals with the disputes between individu
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2
Public vs. private law
private governs relationship between individuals s
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3
Substantive vs. procedural law
procedural law deals with and lays down the ways a
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4
stare decisis
"let the decision stand," that is, the f
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5
Constitution
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6
Statutes
Laws passed by a legislative body  Legislativ
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7
Common Law
Judge-made law, embodied in decisions made by appe
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8
Steps in a civil lawsuit
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9
Negligence
Employers may be liable for negligent hiring or re
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10
Defamation
Defamation involves a false statement, likely to h
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11
Assault
Involves an act that makes the plaintiff fear immi
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12
Battery
an intentional touching of another person in a way
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13
Tortius Interference
tortious interference with business relations invo
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14
Punitive damages
intended to punish the defendant for conduct that
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15
Strict liability
a defendant is strictly liable for harm caused by
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16
What does the u.s. constitution primarily govern?
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17
Commerce clause
gives congress the power to regulate commerce with
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18
1st amendment free speech protections
guarantees rights of free speech, press, and relig
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19
bill of rights
first 10 amendments to be added to the constitutio
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20
federal supremacy and pre-emption
Under the Supremacy Clause, if there is a conflict
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21
Burden of proof for criminal cases
the government must prove its case beyond a reason
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22
larceny
larceny is the trespassory taking of personal prop
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23
who initiates a criminal action?
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24
what is RICO and what was it indended to do?
RICO prohibits using two or more racketeering acts
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25
Entrapment
when the government induces the defendant to break
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26
4 essential elements
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27
common law vs. ucc
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28
Rights of minors
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29
rights of the mentally impaired
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30
sale of goods
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31
This card has no question
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32
Requirements of an agency relationship
- A Principal -An Agent -Mutual consent that the a
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33
Duties of Agent to Principal
-an agent has a fiduciary duty to act loyally for
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34
Duties of principal to agent
Duty to reimburse the agent:  duty to coopera
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35
tort liability of principals
an employer is liable for a tort committed by its
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36
tort liability for agents
agents are always liable for their own torts
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37
Age discrimination
prohibits age discrimination against employees or
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38
equal pay act
an employee may not be paid at a lesser rate than
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39
family and medical leave act
guarantees workers up to 12 weeks of unpaid leave
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40
fair labor standards act
regulates wages and limits child labor
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41
wrongful termination
an employer who fires a worker for a bad reason is
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42
requirements of a patent
Novel: Already in use in this country or been desc
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43
difference between utility and design patents
utility is a type of patent for those who invent o
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44
materials that can be copyrighted
literature, music, drama, choreography, pictures,
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45
fair use doctrine
permits limited use of copyrighted material withou
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46
requirements of a valid trademark
Words (Reebok), symbols (Nike Swoosh), Phrases (Ju
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47
types of contracts which require writing under the
-Land: sale of any interest in land -One year: an
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48
discrimination under title VII of the civil rights
it is illegal for employers to discriminate on the
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49
americans with disabilities act
prohibits emploers from discriminating on the basi
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50
reasonable accommodation
employers must make reasonable accommodation for a
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51
BFOQ(Bona Fide Occupational Qualification)
an employer is permitted to establish discriminato
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52
workers compensation liability and benefits
workers compensation statues ensure that employees
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53
trademarks
affixed to goods in intersate commerce
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54
service marks
used to identify services, not products (weight wa
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55
certification marks
words or symbols used by a person or oganization t
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56
collective marks
Used to identify members of an organization
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57
Parody
a fair use of copyrighted material so long as the
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