Business Law Chapter 1-6 flash cards

True

The rules of law announced in court decicions. case law includes the aggregateed of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions

The body of law developed from custom or judicial decicions in english and U.S courts, not attributed with legislator.

A court decicion that furnishes an example or authority for deciding subsequent cases involving identical or similiar facts

A common law doctrine under which judges are obligated to follow the precedents established in prior decicions.

The relief given to an innocent party to enforce a right or compesate for the violation of a right

one who initiates the lawsuit

One againsts whom a lawsuit is brought; the accused person in a criminal proceding

The testimony of a party to a lawsuit or a witness taken under oath before a trial.

Old french phrase meaning ' to speak the truth' In legal languege the phrase refers to the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors.

The Settling of a dispute by submitting it to a disinterested third party (other that a court), who renders a decicion that is (most often) legally binding

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dipute to arbritation rather than letigate the dispute in court.

A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.

Money Sought as a remedy for a breach of contract or a tortorious action

Monetary damages that may be awarded to a platiff to punish the defendant and deter future similiar conduct.

one who commits the tort

A tort commited in cyberspace

A wrongful act knowing commited

Anything published or publicity spoken that causes injury to anothers good name, reputation, or character.

defamation in writing or other form having the quality of performance

defamation in oral form

its false cause Bona fide competitive behavior is permissible interference even if it results in the breaking of a contract example is i advertise so good that i cause my competitor to break up his contract with a specific costumer

true

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, qualitity, or other charateritics of specific goods or services.

A mark used in the sale or the advertising of services to distiguinsh the service or fone person from those of others. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks.

Fales Pricing information can either be secret or not

False because a trademark dilution occurs when a trademark is used, without authorization, in a way, in a way that diminishes the distinctive qualitiy of the mark.

C. statute of limitations

is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case

• a civil wrong (tort) in which one converts another's
• property to his/her own use, which is a fancy way of saying "steals."
• Conversion includes treating another's goods as one's own,

A. force that is reasonably necessary

B. only if luke is injured

C. for twenty years

The Wrongful taking and carrying away of another persons personal property with the intent to permanetly deprive the owner of the property . some states classify larcenty as either grand or petit, depeinding on the property value

is the capacity of the federal government and the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants.

• Substantive due process (SDP for short) is an aspect of American
• jurisprudence under the Due Process Clause, involving substantive
• unenumerated rights. SDP is to be distinguished from procedural due
• process, which involves procedural unenumerated rights.

asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy. ...

is the process of making, adapting, or imitating objects, statistics, or documents (see false document), with the intent to deceive

is the process of making, adapting, or imitating objects, statistics, or documents (see false document), with the intent to deceive

is a possible legal defense, one of four of the most important justification defenses,[1] by which defendants argue that they should not be held liable because the actions that broke the law were only performed because of extreme unlawful pressure or forced too.