Midterm 2.txt

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katknight13
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Midterm 2.txt
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2010-11-02 00:37:10
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Intro Law
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Midterm 2 Studying
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  1. A consensus as to what constitutes right or wrong behavior in business and the application of moral principal to situations that arise in a business setting
    Business ethics
  2. Minimum degree of ethical behavior expected of a business firm which is usually defined as compliance with the law
    Moral Minimum
  3. The purchase of shares of a companys own stock by that company on the open market
    Stock buyback
  4. An agreement that grants the owner the option to buy a given number of shares of stock usually within a set time period
    Stock option
  5. A reasoning process where an individual links his or her moral convictions or ethical standards to the situation on hand
    Ethical reasoning
  6. Developed by Immanuel Kant
    Decides whether an action is right or wrong desirable or undesirable a person should evaluate the action in terms of what would happen if everybody acted the same way
    Categorial imperative
  7. Human beings have certain fundamental rights and people who adhere to this believe that a key factor in determining whether a business decision is ethical is how the decision affects the rights of various groups
    Principle of rights
  8. An approach to ethical reasoning that evaluates behavior in light of the consequences of that behavior for those who will be affected by it rather than on the basis of any absolute ethical or moral values
    A good decision is one that results in the greatest good for the greatest number of people
    Utilitarianism
  9. A decision making technique that involves weighing the costs of a given action against the benefits of that action
    Cost benefit analysis
  10. The idea that corporations can and should act ethically and be accountable to society for their actions
    Corporate social responsibility
  11. A system of government in which the states form a union and the sovereign power is divided between the central gov and member states
    Federal form of government
  12. Where is the commerce clause located?
    Article 1 section 8
  13. Gives congress the power to regulate interstate commerce
    Commerce clause
  14. Powers possessed by the states as part of their inherent sovereignty
    They may be exercised to protect or promote the public order health safety morals and general welfare
    Police powers
  15. Where is the supremacy clause found?
    Article 6
  16. Provides that the constitution laws and treaties of the USA are the supreme law of the land
    State and local laws that directly conflict will be invalid
    Supremacy clause
  17. A doctrine under which certain federal laws preempt or take precedence over conflicting state or local laws
    Preemption
  18. What amendment deals with police powers?
    10
  19. Freedom of speech religion press and the rights to assemble and petition
    1 amendment
  20. Well regulated militia and right to bear arms
    2 amendment
  21. Prohibits lodging of soldiers
    3 amendment
  22. No unreasonable searches and seizures
    4 amendment
  23. Right to indictment by grand jury
    Due process
    Fair payment
    No self incrimination
    No double jeopardy
    5 amendment
  24. Right to speedy and public trial
    Right to cross examine witnesses
    6 amendment
  25. Right to trial by jury in civil case more than 20 dollars
    7 amendment
  26. No cruel and unusual punishment
    8 amendment
  27. People have rights + constitution
    9 amendment
  28. Establishes powers not delegated to the states
    10 amendment
  29. Nonverbal expressions of beliefs that include gestures movements and articles of clothing
    Symbolic speech
  30. Meta tag
    Key word
  31. Where is the establishment clause?
    1 amendment
  32. Where is the free exercise clause?
    1 amendment
  33. Prohibits gov from establishing any state sponsored religion or favoring one religion over the other
    Establishment clause
  34. Prohibits the gov from interfering with peoples religious practices or forms of worship
    Free exercise clause
  35. Where is due process found?
    5 and 14 amendments
  36. Guarantees that no person shall be deprived of life liberty or property without due process of law
    Due process clause
  37. Where is the equal protection clause found?
    14 amendment
  38. Guarantees that no state will deny to any person within it's jurisdiction the equal protection of the law
    State gov must treat similarly situated people in a similar matter
    Equal protection clause
  39. An administrative agency rule that carries the same weight as a congressional enacted statute
    Legislative rule
  40. Doctrine based on article 1 section 8 which has been construed to allow congress to delegate some of it's power to make and implement laws to administrative agencies
    Delegation doctrine
  41. APA
    Administrative procedure act
  42. Actions undertaken by administrative agencies when formally adopting new regulations or amending old ones
    Notifying the public of proposed rules or changes and receiving and considering public comments
    Rulemaking
  43. A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule
    Notice and comment rulemaking
  44. Rendering a judicial decision
    In admin process the proceeding in which an admin law judge hears and decides on issues that arise when an admin agency charges person or firm with violating law or regulation
    Adjuducation
  45. An agencies deposition in a matter other than a rulemaking
    Becomes final unless appealed
    Initial order
  46. The final decision of an administrative agency on an issue
    If no appeal it becomes final order of the agency
    Final order
  47. A civil wrong not arising from a breach of a legal duty that causes harm or injury to another
    Tort
  48. Monetary amount awarded by a court in civil action to compensate a plaintiff for injury or loss
    Damages
  49. Compensatory damages
    Money award equivalent to the actual value of injuries or damage sustained by aggrieved party
  50. Punitive damages
    Monetary damages that may be rewarded to a plaintiff to punish defendant
  51. One who commits a tort
    Tortfeasor
  52. Any word or action inteded to make another person fearful of immediate phyiscal harm
    A reasonably believable threat
    Assault
  53. The unprivileged intentional touching of another
    Battery
  54. A reason offered and alleged by a defendand in an action or suit as to why the plaintiff should not revcover or establish what she or he seeks
    Defense
  55. Capable of serving as the basis of a lawsuit.
    One of these claims can be persued in a lawsuit or other court action
    Actionable
  56. Anything published or publicly spoken that causes injury to another's good name, reputation, or character
    Defamation
  57. Defamation in writing or other form having the quality of permancence
    Ex. Digital Recording
    Libel
  58. Defamation in Oral form
    Slander
  59. A legal right, exemption, or immunity granted to a person or class of persons. In context of defamation, an absolute privilege immunizes the person making teh statements from a lawsuit, regardless of whether the statements were malicious.
    Privilege
  60. The deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true.
    In defamation, a statement made about a public figure normally must be made with this for the plaintiff to recover damages
    Acutal Malice
  61. In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user
    Appropriation
  62. Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
    Fraudulent Misrepresentation
  63. A salesperson's often exaggerated claims concerning the quality of property offered for sale.
    Ex. Opinons rather than facts and are not considered to be legally binding promises or warranties
    Puffery
  64. Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market
    Predatory Behavior
  65. The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization
    Trespass to land
  66. The unlawful taking or harming of another's personal property
    Interference with another's right ot the exclusive possession of his or her personal property
    Trespass to personal property
  67. Wrongfully taking or retaining possession of an individuals personal property and placing it in the service of another
    Conversion
  68. An economically injurious falsehood made about another's product or property
    A general term for torts that are more specifically referred to as aslander of quality or slander of title
    Disparagement of Property
  69. The publication of false information about another's product, alleging that it is not what its seller claims
    Slander of quality
  70. The Publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner
    Slander of Title
  71. The failure to exercise the standard of care that a reasonable person exercise in similar circumstances
    Negligence
  72. The duty of all persons as established by tort law to exercise a resonable amount of care in their dealings with others.
    Failure to exercise due care which is normally determined by the reasonable person standard, constitutes the tort of negligence
    Duty of Care
  73. The standard of behavior expected of a "reasonable person"
    The standard against which negligence is measured and that must be observed to avoid liability for negligence.
    Reasonable Person Standard
  74. A person such as a customer or a client who is invited onto business premisis by the owner of those premisis for buisness purpose.
    Business Invitee
  75. Professional misconduct or the lack of the requisite degree of skill as a professional.
    Negligence on the part of a professional, such as a physician, is commonly referred to as this.
    Malpractice
  76. An act or omission without which an event would not have occurred.
    Causation in Fact
  77. Legal cause.
    Exists when the connection between an act and an injury is strong enought to justify imposing liability
    Proximate cause.
  78. A doctrine under which a plaintiff may not recover for injuries or damage suffered form risks he or she knew of and voluntarily assumed.
    Assumption of Risk
  79. A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiffs own fault.
    Used in a minority of states.
    Contributory Negligence
  80. A rule in tort law that reduces the plaintiffs recovery in proportion to the plaintiffs degree of fault, rather than barring recovery completly.
    Used in majority of states.
    Comparative Negligence
  81. A doctrine under which negligence may be inferred simply because an event occured, if it is the type of event that would not occur in the absence of negligence. Literally meaning the facts speak for themselves.
    Res Ispa Loquitur
  82. An action or failure to act in violation of a statutory requirement.
    Negligence Per Se
  83. A state statute stipulating that persons who provide emergency services to, or recue, someone in peril cannot be sued for negligence unless they act recklessly, thereby causing further harm.
    Good Samaritan Statute
  84. A state statute that imposes liability on the owners of bars and taverns as well as those who serve alcholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcholic drinks contributed to the intoxication
    Dram Shop Act
  85. A network of computers that have been apporopriated without the knowledge of their owners and used to spread harmful programs via the internet.
    Botnet
  86. Liability regardless of fault.
    In tort law, strict liability is imposed on a manugacturer of seller that introduces into commerce a good that is unreasonably dangerous when in a defective condition.
    Strict Liability
  87. The legal liablilty of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.
    Product Liability
  88. A seller's or lessor's oral or written promise, ancillary to an underlying sales agreement, as to the quality, description, or performance of the goods being sold or leased
    Express Warranty
  89. An implicit promise made by a seller of goods that the goods are fit for the reasonably fit for the general purpose for which they are sold, are correctly packaged and labeled and are of proper quality
    Implied Warranty of Merchantability
  90. An implicit promise made by a seller of goods that teh goods are fit for the particular purpose for which the buyer will use the goods. The seller must know the buyer's purpose and be aware that the buyer is relying on the seller's skill and judgement to select suitable goods.
    Implied warranty of fitness for a particular purpose.
  91. In product liability, a product that is defective to the point of threatening a consumer's health and safety. It must be
    -Dangerous beyond the expectation of the ordinary customer
    -A less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it.
    Unreasonly Dangerous Product
  92. Basically, a statue of limitations that is not dependent on the happening of a cause of action.
    These generally begin to run at an earlier date and run for a longer period of time then statutes of limitations
    Statute of Repose
  93. Commercial and non commercial activities that affect interstate commerce.
    Part of the commerce clause.
    Affectation doctrine.
  94. Do states have authority to regulate interstate commerce?
    NO.
  95. How many judges on Iowa Supreme court?
    7
  96. Freedom of speech, religion, press, petition
    1st amendment
  97. Bear arms
    2nd amendment
  98. Quartering soldiers
    3rd amendment
  99. Search and seizure
    4th amendment
  100. Provisions concerning prosecution/due process/self incrimination
    5th amendment
  101. Speedy trial/witness
    6th
  102. Trial jury
    7th amendment
  103. Excess bail/cruel punishment
    8th amendment
  104. Rules of constructing the constitution
    9th amendment
  105. Rights of the states
    10th amendment
  106. Constitution is a restraint on...
    Government behavior
  107. Which speech has the most protection?
    Political
  108. ___ speech may be regulated by federal government.
    All
  109. Better to let someone speak then provide remedy then to not let them speak at all.
    Overarching principle (Prior Restraint)
  110. Promotes commerce
    Valuable info to the public
    Why commercial speech is protected
  111. Fighting words
    Speech which offends community moral standards (porn)
    Clear and present danger (FIRE)
    Exceptions for first amendment speech.
  112. Can't be denied life, liberty, property.
    Due Process
  113. Determining whether the substance of a law is fair and whether it provides fundamental rights.
    Substantive Due Process
  114. Where is equal protection located?
    14th amendment
  115. Laws that draw distinction between groups of people
    Equal Protection
  116. 3 tests for equal protection?
    • 1. Rational Basis
    • 2. Intermediate Scrutiny
    • 3. Strict Scrutiny
  117. Who usually wins in rational basis test?
    The defendant
  118. Smoking Ordinance
    21 Ordinance
    Rational Basis Examples
  119. Gender, Varnum
    Example of Intermediate Scrutiny
  120. Challenged law involves fundamental right.
    Race, Religion, Nationality.
    Internment of Japanese Americans.
    Examples of Strict Scrutiny
  121. Is there a explicit right to privacy in the constitution?
    No.
  122. Most regulation that effects business comes from....
    Administrative Law
  123. Who passes enabling legislation?
    Congress
  124. 1. Name of agency
    2. Composition
    3. Powers of agency
    Enabling legislation
  125. 1. Rulemaking
    2. Enforcement by
    -Investigation
    -Adjuication
    Administrative power
  126. Administrative Procedures Act (APA) dictates process to be followed depending on two different types of rules.
    How an administrative rule gets made.
  127. One type of administrative rule:
    -Just a notice and comment
    Most common form of rulemaking.
    Informal
  128. One type of administrative rule:
    -Rulemaking on record
    Formal.
  129. A type of agency rule that isn't binding on the courts.
    Interpretative
  130. A type of agency rule that is binding.
    Internal.
    Procedural
  131. Notices, Statements of purpose, and Opportunity for comment, are all forms of this type of rulemaking.
    Informal
  132. You publish this type of rule in the federal register which business look at all the time, and there could be a more formal hearing for a comment process.
    Formal.
  133. Agencies can inspect, issue subpoenas, or search and seize in this step of enforcing administrative rules.
    Investigation
  134. An agency can investigate, negotiate a settlement, file a formal complaint and answer in this step of enforcing administrative rules.
    Adjudication
  135. Tort law involves:
    • Legal duty owed to plaintiff.
    • A breach of that duty.
    • Injury resulting from that breach.
  136. Damages that compensate you for your injury
    Compensatory
  137. Damages that discourage other businesses to do the same thing.
    Get a lot of press.
    Punitive
  138. You meant to do what you did OR
    You knew it could happen OR
    You should have known.
    Intentional torts
  139. Consent
    Self Defense
    Defense for Assault and Battery
  140. For a tort to be that of defamation it needs these 4 things:
    • Words likely to hurt reputation
    • False
    • Communicated to a 3rd party
    • Injury
  141. Opinion
    Public Personalities
    Privilege
    Truth
    Defenses to Defamation
  142. Commercial Exploitation
    Intrusion
    False Light
    Disclosure of embarrassing private facts
    Privacy Torts
  143. Taking someone's property and making it your own
    Conversion
  144. Using something that belongs to someone without their permission
    Trespass to personal property
  145. Injure someone's property economically
    Disparagment
  146. In negligence, a plaintiff must prove by a preponderance of the evidence that...
    • 1. Legal duty of care owed
    • 2. Breach of that duty
    • 3. Legally recognized injury
    • 4. The breach caused that injury
  147. A defense to Negligence
    Plaintiff knew the injury could result
    Plaintiff took the chance with knowledge
    Assumption of Risk
  148. A defense to negligence
    Unforeseeable intervening event
    Superseding cause
  149. A defense to negligence
    Plaintiff had the last opportunity to avoid injury but didn't
    Creeper van story/roadrunner
    Last Clear Chance
  150. A defense to negligence
    Plaintiff waited too long to bring case
    Starts when plaintiff should have known of injury
    Statute of Limitations
  151. Res Ipsa Loquitur
    Thing speaks for itself/ the fact that it happened
  152. If this happens, negligence-not as much to prove
    Negligence per se
  153. Ultra hazardous activities
    Limited defenses
    Liability assumed
    Strict Liability
  154. The concept of insuring human rights through law is based primarily in which school of law
    NATURAL
  155. One belief that is consistent among all of the various schools of law is that once a law is validly passed,
    all citizens have an obligation to follow the law, regardless of an
    individual’s personal beliefs or conscience.

    True or False
    FALSE
  156. If you receive a ticket for jaywalking (i.e. crossing against the traffic light) at a corner in downtown
    Iowa City, your best argument in court would be based on which of the following
    schools of law?
    REALISM=How people behave!
  157. Although stare decisis is the preferred decision model, judges are not
    obligated to follow this principle when making decisions on cases.

    True or False?
    FALSE
  158. The U.S. Code sets out all decisions of the U.S. Supreme Court and other important federal court
    decisions.

    True or False?
    FALSE, US Code=statutes.
  159. Our reliance on case law refers
    to our use of trial court decisions as precedent.

    True or False?
    FALSE, appellate not trial
  160. The Uniform Commercial Code is
    an example of federal law that is applied to all states.


    True or False?
    FALSE, state law
  161. In certain cases defined by the Constitution, the U.S. Supreme Court must take
    original jurisdiction; that is they must hear the case in the first place.


    True or False?
    TRUE
  162. "An Unjust law is no law at all!"
    NATURAL
  163. The reliance on stare decisis
    is important to facilitate our ability to change laws with some frequency as
    our views on various subjects change over time.

    True or False?
    FALSE
  164. Texting while driving, then accidentally running into someone's car is a:
    Unintentional or Intentional tort?
    Unintentional
  165. Calling someone and falsely telling them a family member died, resulting in an injury to them is an example of:
    Intentional Infliction of emotional distress
  166. Spilling hot coffee and receiving 3rd degree burns can result in a lawsuit involving...
    Product liability
  167. When a pet polar bear escapes from its cage and reeks havoc on your neighbor you are ______ for the damages even though you took precautions to keep it from escaping.
    Strict liability
  168. Polar bear ownership laws could be found in....
    Statutes passed by congress and state legislatures
  169. What amendment allows U of I to allow anyone to speak on the pentacrest anytime?
    First
  170. Only the legislative branch can veto a law...
    True or False
    FALSE
  171. When there is a conflict between a federal and state law, which article applies?
    Supremacy Clause
  172. A manufacturer will NOT be liable for a design defect under a theory of strict liability as long as it shows it took reasonable precautions in its design process...
    True or False?
    FALSE
  173. Is gender a suspect classification for purposes of the Equal Protection Clause?
    NO
  174. Fairness is still an important factor in determining whether government action violates the due process clause...
    True or False
    TRUE
  175. How are administrative agencies created?
    Enabling legislation
  176. FTC is an executive agency?
    NO
  177. To begin litigation, one must first...
    Determine which court to bring the action
  178. Mandatory class action waivers are a valid way to prevent consumers from joining together in class action lawsuits...
    True or False
    FALSE
  179. The constitution guarantees a person must be read his or her rights immediately upon arrest...
    True or False
    FALSE
  180. If a law is challenged as violating a first amendment right the court will use:
    Strict Scrutiny
  181. Generally, constitutional restrictions apply only to governmental actions...
    True or False
    TRUE
  182. Laws which discriminate against a person on the basis of race are always absolutely unconstitutional....
    True or False
    FALSE
  183. 5-3-1 decision means...
    • 5 Majority
    • 3 concurring
    • 1 dissent
  184. In order for the Supreme Court to declare a case unconstitutional the challenged las must be unconstitutional on ...
    Face and Applied
  185. The constitution does not give private citizens to sue private citizens for constitutional violations...
    True or False?
    TRUE
  186. In this case from lecture, this guy argued that the judged erred in giving the jury instructions of the difference between voluntary and involuntary intoxication.
    The judge argued that it wouldn't matter.
    Marin Appeal
  187. Who brought the Varnum Case?
    6 gay couples who were denied marriage
  188. Who was the defendant in the Varnum case?
    The State of Iowa, Brien
  189. What amendment did the Varnum case deal with?
    14th amendment...equal protection
  190. Other issues of the Varnum Case...
    • Substantive due process
    • Similarly situated people
  191. What was the decision in the Varnum case?
    Unanimous, appellees won
  192. How did Iowa's history effect the decision of the Varnum case?
    Iowa has been the first state to allow people to do things
  193. In the Varnum case they never examined...
    STRICT SCRUTINY

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