Miscellaneous Quiz / Business Law Midterm

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Can you name the Business Law Key Terms (Ch.1-5)?

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DefinitionTermChapter
A pleading to dismiss the adverse partys pleadings for not stating a cause of action or a defense
Adherence to ones values and principles despites the costs and consequences
Provides a guarantee of protection against loss or property or rights without the chance to be heard
The charging practice of a seller of different prices to different buyers for commodities of similar grade and quality, resulting in reduced competition or a tendency to create a m
Specifies the steps that must be followed to enfore the rights/liabilities
The order or patter of rules that society uses to govern the conduct of individuals and their relationships
A pleading that may be filed to attack the adverse partys pleading as not stating a cause of action or defense
Summarize the case and suggest a particular verdict be returned by the jury
obligation of law imposed on a person to perform or restrain from an act
Balancing the goal of profits with values of individuals and society
The carrying out of a judgement of a court, generally directing that property owned by the defendant be old and the proceeds first be used to pay the execution or judgement credito
Given if the verdict is cleary wrong(court can enter a new judgement)
Term used when a decision maker views a problem from different perspectives and measure the impact of a decision on various groups
Examination by the other sides attorney that follows the redirect examination
A central government has power to address national concerns, while individual states retain power to handle local concerns
Makes Laws(Congress)
New form of resolution where the arbitrator also acts as the messenger
Legal capacity to require another person to perform or refrain from performing an act
Power possessed by states to protect the general welfare, health, safety and moral of people
Neutral person acts as a messenger between opposing sides of a dispute, carrying to each side the latest settlement made by the other
Examination made of a witness by the attorney for the adverse party
Testimony of a witness taken under oath outside the courtroom, transcribed by a court reported
Laws that guard against unfairness in corporate takeover situations
A two house form of the legislative branch of government
What a defendant must file to admit or deny facts asserted by the plaintiff
Action take by an appellate court that approves the decions of the court below
Tribunal establishedby govt. to hear and decide matter, provide remedies when wrong has been committed, and prevent wrongs from happening
Using prior inconsistent evidence to challenge the credibility of a witness
legislative acts declaring, commanding or prohibiting something
Set of laws enforced by individuals and businesses.(includes agreements made in contracts)
The settlement of disputed questions, whether of law or fact, by one or more arbritrators by whose decision the parties agree to be bound
Primary officer of the court, elected or appointed official
The body of principles that orginally developed because of the inadequacy of the rulse then applied by the Common law courts of England
A decision of a court that stands as the law for a particular problem in the future
Final court in the federal system
A third person or a committee makes out-of-court determinations of the rights of the persons
Privilege of confidentiality, lawyers cant disclose what their clients tell them, unless they plan to commit a crime
Creates, defines and regulated rights
When a case has no material facts in dispute(matter of law)
a law making criminal an act that was lawful when done or that increases the penalty when done. (prohibited by constitutional provisions)
DefinitionTermChapter
Mistake applying the law or mistake in admitting evidencethat affected the outcome of the case
body of citizens sworn by a court to reach a verdict on the basis of the case being presented to them
Disposes of matters before they reach court
Preliminary examination of a juror or a witness to ascertain fitness to act as such
fourth amendment, gives the right to be secure against unreasonable searches and seizure by the govt.
Common method of satisfying a judgement
Description of the wrongful conduct and a request for damages(money)
Reviews the work of a lower court(hears appeals)
Examination of a witness by his/her attorney
Using precedent and following decisions in similar cases(judges have flexibility)
All documents filed in the beginning part of the case
Highest court in most states
New court proceedings, necessary to provide the constitutional right to a jury trial by allowing an appeal to proceed as though there had never been any prior hearing or decision
The term used when the appelate court sets aside the verdict or judgement of a lower court
Review of the trial end decision of the lower court(no witnesses or testimony, 3 judges)
Public official who received complaints and offers recommendations for improvements
The power to regulate commerce with foreign nations, and among the several states, with the Indian tribes
Witness with some special expertise(economist who gives opinion on the value of future lost income)
The ability to control price and exclude competitors
Discovery tool for uncovering paper evidence in a case
Given by the court to the jury indicating the appropriate law to apply
A federal statute designed to eliminate price discrimination in interstate commerce
A system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by mans intelligence
Authority to hear only particular kinds of cases(bankruptcy courts, U.S.Tax courts)
Statements by opposing attorneys that tell the jury what their cases will prove
Powers expressly granted the national government by the Constitution
Includes copy of complaint and notification that the defendant must appear and respond to the allegations
Conduct that compromises the loyalty an employee has to their company
Executes and enforces laws(President)
Questioning after cross examination-the attorney for the witess testifying may ask the same witness other questions
Term used when an appelate court sends a case back to trial court for additional hearings or a new trial
three times the damages actually sustained
Dry run or mock trial in which the lawyers present their claims before a jury of 6 people
When parties hire a judge to hear the case(judges decision is binding unless reverses on appeal)
Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
Direction by the trial judge to the jury to return a verdict in favor of a specified party to the action
Terminated the trial and requires that it start over with a new jury
Courts that resolve disputes between parties when those disputed do not exceed a minmal level(no lawyers are permitted, parties represent themselves)
Party against whom the proceedings are brought
Judicial authority to hear a particular type of case
DefinitionTermChapter
preliminary review of those cases appealed to devide which one will be heard or allowed to stand
body of principles that establishesthe structure of a govt. and the relationship of the govt. with the people who are governed
Interprets the laws(Courts)
A federal Law that prohibits price discrimination
Means that a person going into another state is entitiled to make contracts, own property and engage in business to the same extent as citizens of the state
The power to hear cases
The court with authority to conduct first preceedins in a case
Flexible standar of ethics that considers circumstanced and motivation before attaching the label of right or wrong to conduct
Those who have a stake, or interest, in the activities of a corporation (employees, members of community, vendors, customers)
Shortened trial which simply disputed part of a case
Party that initiates the proceedings in a court
A court order to dispose of interests that could lead to a monopoly
When judges examine cases from a timeline perspective
Parties dont go trough the complex, lengthy and formal procedures of trial.(administrative judge performs relaxed hearing)
Powers held by both state and national governments
A constitution is merely a statement of goals and objectives and is intended to grow and change with time
Appeal decision made by the circuits full panel of judges
Rules promulgated by state and federal administrative agencies
Time honored rules of the community
Three part government
the anticompetitive practice of requiring buyers to purchase one product in order to get another
The federal governements superior regulatory position over state laws on the same subject area.
Law enacted and codified by governmental authority(standard for ethical behavior
Hears cases that dont meet the jurisdictional requirement for federal district court
Branch of philosophy with values that relate to the nature of human conduct and values associated with that conduct
A federal statute prohibiting combinations and contracts in restraint of interstate trade, now generally inapplicable to labor union activity
Broad authority over different types of cases(both general and criminal cases)
Remedy natural law proponents use to change positive law
Written questions used as a discovery tool that must be answered under oath
Quality of the evidence in a case that allows it to be presented to the jury
Party initiation the proceedings in a criminal case with changes
asking the court for damages as a result of the underlying dispute
Strict constitutionalist or originalist view, the purpose of a constitution is to state certain fundamental principles for all time
principles expressed for the first time in court decisions
Request to the court to dismiss the lawsuit on the grounds that there is no right of recovery
Above all do no harm
General trial courts of the federal system(hears both criminal and civil cases)
Admission of experts testimony and research that has not been properly conducted

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