Business Law Test 2

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Sotaira
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34636
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Business Law Test 2
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2010-09-14 08:15:35
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  1. serious crime punishable by death or imprisonment for more than a year
    felony
  2. less serious crime punishable by less than one year
    misdemeanor
  3. crimes committed with or through the use of computers or computer technology
    cybercrimes
  4. crime of unlafully causing physical injury to another; tort of threatening another with bodily harm
    assualt
  5. forcible taking of money or personal property from another
    robbery
  6. intentional, illegal burning of a home, building or personal property
    arson
  7. unlawfully entering another's home or building with the intent to commit a crime
    burglary
  8. unlawful taking of a person;s property witout the use of force and with the intent of permanently depriving the person of the property
    theft
  9. intentional theft of the money or personal property of another
    larceny
  10. taking merchandise from a store without paying for it
    shoplifting
  11. unlawful use or stealing property by one who has been legally entrusted with the property
    embezzlement
  12. making a false written intrument or the material alteration of an existing geniune written instrument with intent to deceive
    forgery
  13. unlawfully obtaining through deception or trickery, possesion of another individulal lawful property
    false pretense
  14. crime in which a person illegally optains money or other property by making threats, (extortion)
    blackmail
  15. possesion of property acquired as the result of some qrongul or dishonest act of taking
    receiving stolen property
  16. receibing and profiting from advance inside information about the stock of a publicly held corporation
    insider trading
  17. unlawful payment used to secure new business, obtain proprietary information or manage some persnal gain
    bribery
  18. unlawfully obtaining and using personal Identity of another pserson
    identity theft
  19. having consumed sufficient alochol that the ability to properly operate a motor vehicle is affected
    DWI
  20. law imposing liability on bars and tavers selling alcoholic beverages to intoxicated persons
    Dram shop act
  21. Racketeer Influenced & Corrupt Organization Act
    RICO
  22. reason an accused offers to excue his or her guilt in a criminal action, reason offered by defendant in a lawsuit for being relieved of reposibility
    defense
  23. Infancy, Insanity, Involuntary Intoxication, duress, justification, self-defense, entrapment, mistake based on DNA evidence
    Defenses for crimes
  24. crime committed by a person who was forced to act agains his or her own will
    duress
  25. The Primary steps in a Civil Lawsuit


    1. Injury to plaintiff or damages to his/her property
      -------- Plaintiff does nothing





    2. Plaintiff consults attorney





    3. Plaintiff’s attorney issues complaint and summons to
      defendant


      1. Complaint,
        names of parties, sets out the cause of action (facts) why they believe legal
        action is necessary and remedy sought.


      2. Summons
        is issued. This is a written notice to the party being sued indicating that a
        lawsuit has been filed and ordering an authorized representative of the
        defendant to appear in court or to answer in writing within a designated period
        of time.






    4. Defendant’s attorney files answer


      1. The
        answer is a written response to the allegations make by the plaintiff.



        1. i.
          Answer could deny all charges



        2. ii.
          Answer could deny some charges while admitting others



      2. A
        failure to acknowledge gives the plaintiff the right to a judgment by default.






    5. Pretrial
      proceedings------------------------------------- Case settled without a trial



      1. Pretrial proceedings usually consist of motions, discovery, and a pretrial
        conference.



        1. i.
          A motion is an application to a judge for a ruling on a
          point of law.


          1. a
            summary judgment asks the judge to decide the issue based on the statements in
            the complaint and in the answer.



          2. ii.
            Discovery is used to learn in detail the nature of the other’s
            claim or defense.


            1. a
              deposition is a sworn statement




          3. iii.
            Pretrial conference can be held to see whether the suit
            can be settled without a trial.








    6. Trial by judge of jury


      1. If
        either side wants to use a jury, then one would be assembled.



        1. i.
          Petit jurors. This is selecting the jurors from a panel
          of prospective jurors. (12) (8) whatever the state decides.


          1. Removal
            for cause. Biased or related to someone in case.


          2. Peremptory
            challenges is a means to dismiss a limited number of potential jurors without
            giving any reason/



          3. ii.
            Opening Statements



          4. iii.
            Plaintiff presents their case



          5. iv.
            direct examination



          6. v.
            cross examination



          7. vi.
            Defense presents their case



          8. vii.
            direct examination



          9. viii.
            cross examination



          10. ix.
            Closing arguments








    7. Decision by judge or jury verdict





    8. Judgment entered in court record





    9. Appeal filed by losing party

    • Injury to plaintiff or damages to his/her property-------- Plaintiff does nothing
    • Plaintiff consults attorney Plaintiff’s attorney issues complaint and summons todefendant
    • Complaint,names of parties, sets out the cause of action (facts) why they believe legalaction is necessary and remedy sought.Summonsis issued. This is a written notice to the party being sued indicating that alawsuit has been filed and ordering an authorized representative of thedefendant to appear in court or to answer in writing within a designated periodof time. Defendant’s attorney files answerTheanswer is a written response to the allegations make by the plaintiff. i. Answer could deny all charges ii. Answer could deny some charges while admitting others Afailure to acknowledge gives the plaintiff the right to a judgment by default. Pretrialproceedings------------------------------------- Case settled without a trialPretrial proceedings usually consist of motions, discovery, and a pretrialconference. i. A motion is an application to a judge for a ruling on apoint of law.asummary judgment asks the judge to decide the issue based on the statements inthe complaint and in the answer. ii. Discovery is used to learn in detail the nature of the other’sclaim or defense.adeposition is a sworn statement iii. Pretrial conference can be held to see whether the suitcan be settled without a trial. Trial by judge of juryIfeither side wants to use a jury, then one would be assembled. i. Petit jurors. This is selecting the jurors from a panelof prospective jurors. (12) (8) whatever the state decides.Removalfor cause. Biased or related to someone in case.Peremptorychallenges is a means to dismiss a limited number of potential jurors withoutgiving any reason/ ii. Opening Statements iii. Plaintiff presents their case iv. direct examination v. cross examination vi. Defense presents their case vii. direct examination viii. cross examination ix. Closing arguments Decision by judge or jury verdict Judgment entered in court record Appeal filed by losing party

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