Business Law

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created 10 days ago by Angie_Garcia
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updated 9 days ago by Angie_Garcia
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1

Defamation of character

An intentional tort in which one party makes derogatory remarks about another that diminishes the other party’s reputation; slander is oral defamation of character; libel is written defamation of character

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Administrative law

Rules and procedures established by regulatory agencies

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Common law

Unwritten law that evolves from the customs and traditions of society

4

Judicial review

The right established by Marbury vs. Madison for the court system to examine the decision of a lower court, the executive branch, or the legislative branch

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Tort law

The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is

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Slander

Defamation of character by spoken words or gestures

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US supreme court

The highest court of the land in the US is the

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State supreme court

The highest court of a state is the

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Business law

Law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is

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Types of Intentional Torts

Assault and battery

Intentional infliction of mental distress

Invasion of privacy

False imprisonment and malicious prosecution

Trespass

Conversion

Defamation

Fraud

Interference with business relations

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Tortfeasor

the person who commits the tort

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Tort

Always a civil issue

The same action can be a tort AND a criminal charge

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False Imprisonment

This tort is the intentional unjustified confinement of a nonconsenting person (Ex. Tow truck towing car w/driver still in it)

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Libel

Written defamation of another person. For public officials and pubic figures, the constitutional tests designed to restrict libel actions are especially rigid.

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Procedural Due Process

A constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

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Due Process

Established rules and regulations that restrain government officials

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Substantive Due Process

A constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

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Interstate commerce act

  • Is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices.
  • The Act created a federal regulatory agency, the Interstate Commerce Commission (ICC), which it charged with monitoring railroads to ensure that they complied with the new regulations
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Dormant Commerce Clause

The commerce clause’s implied limitation of a state’s right to legislate in the area of interstate commerce

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Supremacy Clause

Contained in Article 4 of the Constitution, the clause gives national laws the absolute power even when states have enacted a competing law.

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Commerce Clause

The clause in the Constitution that gives congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

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Preemption Doctrine

The right of a national law or regulation to preclude enforcement of a state or local law or regulation.

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Takings Clause

  • The last clause of the 5th amendment that limits the power of eminent domain
  • Ensures that the government does not take private property without just compensation. In the international setting, governments that take private property engage in what is called expropriation.
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Eminent Domain

The right to acquire private property, by government, for public use. Lands thus acquired must be used for specific public purposes and the owners affected must be justly compensated for their loss of title.

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Expropriation

  • The action of the state in taking or modifying the property rights of an individual in the exercise of its sovereignty
  • The standard under customary international law is that when governments do that, they must provide prompt, adequate, and effective compensation.
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Equal protection of the laws

  • Provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This is the equal protection clause.
  • Generally speaking, governments must treat people equally.
27

Invasion of Privacy

Four different types of interests:

The right to control the appropriation of your name and picture for commercial purposes

The right to be free of intrusion on your "personal space" or seclusion,

Freedom from public disclosure of embarrassing and intimate facts of your personal life, and

The right not to be presented in a "false light."

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To sue for appropriation of a name or likeness, the following must apply:

  • You did not grant permission for the use of your identity.
  • The defendant utilized some protected aspect of your identity (varies state-by-state)
  • The defendant used your identity for his or her immediate and direct benefit (Findlaw, 2018).
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Conversion

Is an intentional act by a defendant, resulting in the destruction of the plaintiff’s personal property or a serious and substantial interference with the plaintiff’s personal property.

30

Chattel

Is tangible personal property that can be moved