Business Midterm

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Business Midterm
2012-01-24 19:31:05
Business Law

business midterm
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  1. Governing rules and regulations passed by a city concil or goverment are referred to as
  2. At what level are laws created in the US
    federal government
  3. Raye and Yasmin own and operate a trucking company in which they transport goods and supplies from their home state to 43 other states in the US. Who has the power to provide regulations that Raye and Yasmin must follow in their type of commerce
    Federal Government
  4. The division of powers between people and their governments protecting U.S. citizens from government actions is set forth in the
    Bill of rights and the first ten amendments of the US Constitution
  5. The third stage in the growth of law is
    leader or central authority gives power to system of courts
  6. An open, peaceful violation of a law to protest it's alleged or supposed injustive is referred to today as
    ethical posturing
  7. In order to produce stability in a society, its laws should have two qualities
    predictability and flexibility
  8. Procedural Law
    • Laws that specify how and when police can make arrests and what methods can be used in a trial.
    • Determine whether equitable remedies such as injunction are available.
    • Rules for determining the supremacy of conflicting laws
  9. doctrin of stare decisis
  10. This doctrin requires that lower courts must follow established case law in deciding similar case. Does not bind supreme courts
  11. An insurance policy that pays the employer money in case of unethical conduct such as theft by employees
    fidelity bond
  12. Civil law
    within the common law system refers to the group of laws that make up for wrongs against individual persons.
  13. Uniform Commercial Code (UCC)
    Widely adopted uniform business laws that govern such areas as sales of goods, certain aspects of banking, and leases of goods
  14. Ferderal agency that is charges with the responcibility of eliminationg discrimination based on race, religion, sex color, national origin, age, and disability in the workplace
    Equal Employment Operations Committee
  15. area of law that is primarily a concern and responsibility of individual state governments
    Business and Contract law
  16. The constitution may be amended by
    • two thirds majority vote in both the senate and the house
    • ratification by the legislatures of three fourths of the states
    • ratification by conventions in three fourths of the states
  17. Document that placed a strict term limits on a state's representatives to the congress
    US Constitution
  18. Personal, natural rights guaranteed by the constitution are known as
    civil rights
  19. The legislative body that would have sole power to conduct the impeachement trail
  20. US Department of Defense
    Laid the ground work for the Internet int the late 1960s
  21. The division and appropriation of US governmental powers betweenits various branches is known as
    checks and balances
  22. Larceny
    commonly known as theft, is the wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of possession
  23. A threat to expose a secret crime or an embarrassing fact unless money is paid to the person issuing the threat is the crime of
  24. Littering is a type of criminal offense known as an
  25. A written argument submitted to the presiding judge by an attorney in the case is called
    a brief
  26. Probate courts
    • The courts that administer wills and estates to accomplish this task.
    • NOT a specialized court in the federal system
  27. In the federal court system who summons witnesses maintains court order and takes the necessary steps to carry out court judgments
  28. the power to ordain and establish the federal courts was vestd in the ________ by the Constitution
  29. Which Article of the U.S. Constitution provides for the creation of the federal judicial system
  30. Municipal courts administer
    city ordinances
  31. The primary emphasis for juvenile courts is on the _______ of youthful offenders
  32. The original Federal Judiciary Act established a U.S. Supreme Court and __________ federl district courts
  33. Today's federal court system has _______ courts of appeal
  34. In order for the United States Supreme Court to review a state court case it will prepare a ________ ordering a state court to turn over its court record of that case
    writ of certiorari
  35. In a jury trial who decides issues of fact
    the jury
  36. A complete defense for a slander and libel suit would be to show that the statement is
  37. A _________ is always a converter
  38. The most common tort
    invasion of privacy
  39. Gerald uses Deanna's picture on his campaign posters, billboards, and flyers. Because he did not obtain Deanna's permission what tort did he commit
    incasion of privacy
  40. Intent is not required, breach occurred because someone was careless
  41. The party complained against in a civil case is known as the
  42. When a civil judgment for the plaintiff becomes final, the defendant normally pays the judgment. If the defendant does not pay what may the plaintiff obtain to enforce the judgment
    writ of execution
  43. Unilateral contract
    the offeror requires that the offeree indicate acceptance by performing his or her obligations under the contract
  44. Bilateral contract
    requires that the offeree accept by communicating th requested promise to the offeror.
  45. Nearly all offers must, at minimum, identify
    the price, subject matter, and quantity
  46. All economic activity is based upon legally enforceable agreements between parties. These agreements are known as
  47. Ratification
    not a legal rationale for showing the lack of genuine assent to a contract
  48. In econimic duress cases, the courts look at
    both the threat and the alternatices available to the threatened party
  49. The two key elements in showing undue influence are
    the relationship and the wrongful or unfair persuasion
  50. Disclosure is required in contractual negotiations when a statement
    • omits important information about a material fact
    • is made false by subsequent events
  51. What makes a contract viodable
    innocent misrepresenatation