BLS 342 Exam 2

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BLS 342 Exam 2
2013-03-19 18:43:18
Business law exam

Miami University, Paul Becker, business law
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  1. 3 branches of government
    • Legislative
    • Executive
    • Judicial
  2. Enabling Act
    created administrative agencies through delegation of authority
  3. Ways to attack the decision of an Administrative Agency
    • Fraud
    • Agency abused their discretion
    • There was bad faith
    • Intentional wrong doing
    • No substantial evidence ot support decision
    • Decision based on malice, bribery, prejudice
    • Decision was arbitrary and capricious
    • Unreasonable
    • Unconstitutional
  4. Overturn Administrative agency decision based on constitutionality
    Can attack the enabling act (too broad, too vague)

    Can attack the regulations
  5. Crime
    Act (Actus Reas)

    Intent (Mens Rea)
  6. Types of criminal intent
    • Specific intent
    • General intent
    • Gross negligence
    • Ordinary negligence
    • None
  7. Some crimes don't require intent
    • Drug offenses
    • Traffic offenses
    • Nuisance
  8. Some crimes require intent but no act
    • Conspiracy
    • Attempted crimes
  9. Homicide
    Killing of a living human being
  10. Non-Criminal Homicide
    • Justifiable Homicide
    • Excusable Homicide
  11. Justifiable homicide
    In performance of a legal duty

    (police officer, executioner, etc.)
  12. Excusable Homicide
    • By accident (not negligence)
    • Self-Defense
    • Killer Lacks Capacity
  13. McNaughton test of insanity

    Right + Wrong Test
    • a person is unable to understand the nature and consequences of his/her actions
    • Person is unable to distinguish right + wrong
    • Mental Disease (reason for being unable to do a+b)
  14. 4 Tests to determine insanity
    • McNaughton Test
    • Irresistable impulse test
    • Durham Test
    • Model Penal code
  15. Criminal Homicide
    • Murder
    • Voluntary Manslaughter
    • Involuntary Manslaughter
    • Negligent Homicide
  16. Murder (With Malice aforethought)
    • intent to kill or cause great bodily harm
    •    (general intent)
    • willful act tending to cause great bodily harm
    • felony murder
  17. Voluntary Manslaughter
    • Intentional but under sudden adequate provocation
    • Was not planned
  18. Involuntary Manslaugther
    • Gross Negligence
    • e.g. drag racing
  19. Negligent Homicide
    driving 10 miles over the speed limit and killing someone
  20. Burglary
    Entering occupied structure
  21. Breaking and Entering
    Entering unoccupied structure
  22. Running sentences Concurrently
    Doing them at the same time

    e.g. sentenced to 5 and 3 year sentence, only stay in jail 5 years
  23. Running sentences Consecutively
    Complete one sentence then do the next

    e.g. sentenced to 5 and 3 year sentences, stay in jail for 8 years
  24. Types of Torts
    • Intentional
    • Negligence
    • Strict Liability
  25. Crimes and Torts with same names
    • Assault
    • Battery
    • Trespass
    • Nuisance
  26. Intentional Torts
    • To the person
    • To property
    • To economic relations
    • Other intentional torts
  27. Other Intentional Torts
    • Intentional infliction of mental/emotional distress
    • Fraud + Deceit
    • Invasion of Privacy
    • Malicious prosecution
    • Abuse of process
  28. Intentional Tort to the person
    • Assault
    • Battery
    • False imprisonment
  29. Assault
    Intentionally placing someone in fear or apprehension of immediate physical harm
  30. Battery
    • Intentional touching that results in injury
    • (poisoning, bullet, etc.)
  31. False Imprisonment
    intentionally detaining someone against their will
  32. Intentional tort to property
    • Trespass to land
    • Conversion
    • Trespass to personal property (chattels)
    • Waste
  33. Trespass to Land
    • Unpermitted intrusion onto someone's land
    • does not require intent, only voluntary action
  34. Conversion
    • Intentionally depriving someone of their personal property
    • If you sue for this you can only sue for legal remedy (Damages= money)
  35. Real property
    • Land
    • Building
    • Fixtures
  36. Personal Property
    • Can be tangible like a chair
    • Gasses + Liquids
    • intangible like copyrights, patents, checks, stocks
  37. Criminal Case requirement
    • beyond a reasonable doubt
    • ~95%

    fine, imprisonment, death
  38. Legal Case requirement
    • Preponderance of the evidence
    • 50%

    legal remedy (damages)
  39. Equity (no jury)
    • Clear and Convincing evidence
    • ~75%

    • Equitable remedies (extraordinary)
    • Injunction-stop someone from doing something
    •   permanent, preliminary, restraining order
  40. Equitable Remedies
    • Recission
    • Reformation
    • Specific Performance
    • Mandamus
    •   makes them do something
  41. Larceny
    Taking and carrying away of personal property of another with the intent to steal it
  42. Defense to Trespass to land
    easement: right of way
  43. Bona Fide Purchaser (innocent purchaser)
    • gives value
    • in good faith
    • without notive
  44. Waste
    Intentional injury to someone's future interest in the property
  45. Intentional tort to economic relations
    • Disparagement
    • Unfair competition
    • interference
  46. Disparagement
    • harming quality of someone's product
    • Questioning their ownership
  47. Unfair competition
    using trade secrets unfairly
  48. Interference
    interfering with someone's business

    e.g. putting snakes in their store
  49. Intentional infliction of mental/emotional distress
    killing someone's child in their presence
  50. Reckless infliction of mental/emotional distress
    Child killed by drunk driver in your presence
  51. Negligent infliction of mental/emotional distress
    fall asleep at the wheel and kill someone
  52. Fraud and Deceit
    • Misrepresentation
    • of a material fact
    • knowledge or reckless indifference to the truth
    • reliance (normal person would believe it)
    • injury
  53. Invasion of Privacy
    peeping tom, binoculars, someone using your picture to sell something without your consent
  54. Malicious prosecution
    intentional abuse of the criminal justice system
  55. Abuse of process
    abuse of civil justice system
  56. Defenses to Intentional Torts
    • Lack of Intent (not for trespasing and mental/emotional distress)
    • Consent
    • Privilege
  57. Consent
    • Express: oral or written
    • Implied: based on conduct (in sports you are bound to have intentional touching AKA battery)
  58. Negligent torts
    • Duty of Care
    • Breach of Duty
    • Proximate Cause (when something causes the injury)
    • Substantial Injury
  59. To break Chain of Causation event must be:
    • Intervening
    • Unforseeable
    • Independant
  60. Defenses to Negligence
    • Contributory Negligence
    • Comparative Negligence
    • Assumption of the risk
    • Unavoidable accident
    • Doctrine of last clear chance
  61. Contributory Negligence
    Both parties are at fault so the plaintiff gets nothing
  62. Comparative Negligence
    • Juries assign percentages of the fault
    • In OH if plaintiff is more at fault than defendant he gets nothing
    • In other states once they are both equally at fault the plaintiff gets nothing
  63. Assumption of the risk
    The plaintiff knew of the specific danger
  64. Unavoidable Accident
    You couldn't have avoided it so you are not at fault
  65. Doctrine of last clear chance
    • plaintiff's defense to defendant's defense
    • the person who had the last clear chance to avoid injury is liable
    • in states with contributory negligence
  66. 3 levels of negligence
    • Negligence- burden of proof lies with P
    • Res Ipsa Loquitor- thing speaks for itself
    • Negligence Per Se- jury can't possibly conclude anything other than that the defendant is negligent
  67. Strict Liability
    • Animals
    • Extrahazardous activities or things
    • Common Carries and Innkeepers
    • Warrantees with Goods (product liability)
    • Vicarious Liability
    • Dram Shop Acts
    • Defamation (almost always intentional tort)
  68. Extrahazardous activities or things
    attractive nuisance-something on your property that is likely to attract small children, if they get hurt you are liable
  69. Warrantees with goods
    • Tangible personal property
    • good is defective
    • which originated with the manufacturer
    • and the defect caused the injury
  70. Vicarious Liability
    • Respondeat Superior-resonpsible for employees
    • principal responsible for agent as long as agent was acting within the scope of authority
    • Not liable if they were exceeded their authority
  71. Dram Shop Acts
    • A bartender is supposed to cut off someone who is really drunk, if they don't and that person hurts someone they are liable too
    • Also applies to private parties
  72. Defamation
    • false or creates false impression
    • published
    • injury to reputation
    • Defense is consent and privilege
  73. Defenses to Strict Liability Torts
    Assumption of the risk

    e.g. use product you know is defective; sneak into blasting zone and get hurt