LAW AND BUSINESS EXAM 1, WELKER, USF, BUL 3320 QUESTIONS WITH ANSWERS UPDATED
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LAW AND BUSINESS
Institution
LAW AND BUSINESS
LAW AND BUSINESS EXAM 1, WELKER, USF, BUL 3320 QUESTIONS WITH
ANSWERS UPDATED
International Infliction of Emotional Distress - Answer-A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that em...
LAW AND BUSINESS EXAM 1, WELKER,
USF, BUL 3320 QUESTIONS WITH
ANSWERS UPDATED
International Infliction of Emotional Distress - Answer-A tort that says a person whose
extreme and outrageous conduct intentionally or recklessly causes severe emotional
distress to another person is liable for that emotional distress.
Res Ipsa Loquitor - Answer-A tort in which the presumption of negligence arises
because the defendant was in exclusive control of the situation and the plaintiff would
not have suffered injury but for someone's negligence.
Negligence Per Se - Answer-A tort in which the violation of a statute or an ordinance
constitutes the breach of the duty of care.
Assumption of the Risk - Answer-A defense a defendant can use against a plaintiff who
knowingly and voluntarily enters into or participates in a risky activity that results in
injury.
Comparative Negligence - Answer-A doctrine under which damages are apportioned
according to fault.
Strict Liability - Answer-Liability without fault.
Felony - Answer-The most serious type of crime; inherently evil crime. Most crimes
against persons and some business-related crimes are felonies.
Misdemeanor - Answer-A crime that is less serious than a felony; not inherently evil but
prohibited by society. Many crimes against property are misdemeanors.
Embezzlement - Answer-The fraudulent conversion of property by a person to whom
that property was entrusted.
Extortion - Answer-A threat to expose something about another person unless that other
person gives money or property. (AKA: blackmail)
RICO - Answer-A federal act that provides for both criminal and civil penalties for
racketeering.
Privilege Against Self-Incrimination - Answer-The 5th Amendment provision that a
person may not be required to be a witness against himself or herself in a criminal case.
Burden of Proof - Answer-Responsibility of the government to prove that the accused is
guilty of the crime charged.
Writ of Certiorari - Answer-An official notice that the Supreme Court will review a case.
Federal Question - Answer-Type of Jurisdiction of Federal Courts: Cases arising under
, the U.S. Constitution, treaties, and federal statutes and regulations.
Diversity of Citizenship - Answer-Type of Jurisdiction of Federal Courts: Cases between
citizens of different states or between a citizen of a state and a citizen or subject of a
foreign country.
Venue - Answer-A concept that requires lawsuits to be heard by the court with
jurisdiction that is nearest the location in which the incident occurred or where the
parties reside.
Article III - Answer-Article of the U.S. Constitution that provides that the federal
government's judicial power is vested in one "Supreme Court".
Long-Arm Statute - Answer-A statute that extends a state's jurisdiction to nonresidents
who were not served a summons within the states.
Forum-Selection Clause - Answer-A contract provision that designates a certain court to
hear any dispute concerning nonperformance of the contract.
Choice-of-Law Clause - Answer-A contract provision that designates a certain state's
law or country's law that will be applied in any dispute concerning nonperformance of
the contract.
Exclusive Federal Jurisdiction - Answer-Jurisdiction that is usually untouchable by the
state courts, but can also be vice versa.
Voir Dire - Answer-The process whereby the judge and attorneys ask prospective jurors
questions to determine whether they would be biased in their decisions.
Deposition - Answer-Discovery: Oral testimony given by a deponent, either a party or
witness
Shopkeeper's Privilege - Answer-Statutes that allow merchants to stop, detain, and
investigate suspected shoplifters without being held liable for false imprisonment.
Libel - Answer-A false statement that appears in a letter, newspaper, magazine, book,
photograph, movie, video, and so on.
Defamation of Character - Answer-False statements made by one person about
another. In court, the plaintiff must prove that the defendant made an untrue statement
of fact about the plaintiff and the statement was intentionally or accidentally published to
a third party.
Interrogatories - Answer-Discovery: Written questions submitted by one party to the
other party of a lawsuit.
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