Business Law

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  1. Sources of Law are?
    Legislation: Statues

    Supreme Court: Constitution

    Judge-Made: Common Law
  2. Statutory Law is
    based on the benefit of the people in a given geographic location at a given time
  3. a tort is
    any wrongful conduct by the defendant which causes damage to property or bodily harm
  4. Who is the plaintiff in a criminal case?
    State only
  5. What is plea bargaining?
    The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence
  6. What % of cases are settled before a trial?
  7. What are the powers of the judge?
    Interpret Law

    Power of Equity: power to disregard the law, when the law itself might be unjust

    Set aside the verdict: only when it is unreasonable
  8. if 3 to 3 jury count? it means
    it is a deadlock/hung jury, in a civil case verdict must be majority, if remains a deadlock it results in a mistrial
  9. Unjust enrichment is
    The retention of a benefit conferred by another, that is not intended as a gift and is not legally justifiable, without offering compensation, in circumstances where compensation is reasonably expected.
  10. windfall is
    A sudden, unexpected piece of good fortune or personal gain
  11. How many jurors in a criminal, civil case?
    12 in a criminal, 6 in a civil case
  12. What is not a factor in reaching a verdict?
    The truth is not a factor in reaching a verdict.
  13. How does a jury reach a verdict?
    By burden of proof
  14. Who has burden of proof?
  15. Jury instruction is
    when the judge communicates to the jury the applicable law
  16. When the plaintiff meets burden of proof, what happens?
    Defendant loses
  17. Preponderance deals with
    Civil cases
  18. Beyond a reasonable doubt deals with
    criminal cases
  19. A hung jury results in a
  20. In a criminal case, the jury must order to reach a verdict
    Unanimous decision, 12/12 agree
  21. double jeopardy clause is
    When the supreme court must decide whether the defendant can be tried again
  22. Fact: Most things are questions of fact, on questions of fact, jury's verdict is required
    Fact: Most things are questions of fact, on questions of fact, jury's verdict is required
  23. "reasonable" is based on
Card Set:
Business Law
2014-10-10 01:26:18
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