Term
Imprisonment is imposed for what 3 reasons? |
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Definition
| 1. Protect society from person imprisoned 2. Defer others from engaging in criminal conduct 3. Provide a means to rehabilitate criminal |
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Term
For what types of offenses can imprisonment be imposed? |
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Definition
| Felonies, misdemeanors, and violations |
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Term
What are the two general elements required in order to prove guilt in a crime? |
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Definition
| 1. Criminal act was committed 2. Criminal possessed criminal intent to commit the crime |
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Term
Criminal law is based on what? |
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Definition
| The conduct and activities of the defendant rather than the resulting harm |
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Term
O.J. Simpson was charged with crime of murder and also had a civil suit filed against him. What is not a consistent outcome in this type of case? |
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Definition
| Guilty in a criminal case, not liable in the civil case |
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Term
What is the typical ordering of the steps in a criminal proceeding? |
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Definition
| 1. Arrest w/ probable cause 2. Indictment by grand jury 3. Plea bargaining 4. Trial |
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Term
In a criminal case, what is the difference b/w an indictment and an informant? |
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Definition
Indictment = issued by grand jury Information = issued by magistrate |
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Term
. How does plea bargaining usually work? |
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Definition
| Guilty plea in exchange for receiving lighter sentence |
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Term
Do some states group the crimes of robbery, burglary, and larceny into robbery? |
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Definition
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Term
In corporate criminal liability, who can be found liable? |
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Definition
| The individual who committed the crime and the company for whom they committed the crimes on behalf of |
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Term
Depending on the circumstances can the law require a higher, lower or the same standard of conduct as ethics demand? |
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Definition
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Term
. Much of law is based on ______? |
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Definition
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Term
What was the Houston based oil company that committed the greatest example of corporate fraud ever? |
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Definition
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Term
Which moral theory believes that the greatest amount of good results from the actions? |
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Definition
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Term
The decision making process in Utilitarianism requires the measurement of qualities that are not exactly_______ _______? |
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Definition
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Term
Which moral theory reflects, “Do unto others as you would have them do unto you?” |
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Definition
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Term
. What is the major criticism of ethical relativism? |
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Definition
| The problem w/ defining morality; what is ethical to one person might not be ethical to another person |
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Term
Define the Profit Maximizing Theory? |
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Definition
| Business’s social responsibility is solely to produce the highest return for its shareholders |
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Term
Which theory of business responsibility holds that a business owes duties to various constituencies such as customers and employees in addition to stockholders? |
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Definition
| Stakeholder Interest Theory |
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Term
Define Corporate Citizen Theory? |
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Definition
| A business undertakes activities that benefit persons who are no way connected with the business |
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Term
Which theories of social business responsibility include obligations of a business to parties other than stockholders? |
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Definition
| Corporate Citizen Theory and Stakeholders Interest Theory |
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Term
What name is given to the procedure that can be used to assess the moral health of a corporation? |
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Definition
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Term
What are 3 characteristics of a valid contract? |
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Definition
| 1. 2 parties involved 2. It can be viewed as private law between the parties 3. The court will enforce its terms if the parties do not voluntarily do so |
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Term
Every contract must have _________? |
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Definition
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Term
What 5 things are needed for an enforceable contract? |
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Definition
| 1. Agreement 2. Consideration 3. Mutual assent 4. Contractual capacity 5. Lawful objective |
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Term
Since the founding of the United States, there has been a greater role in ________ _________ by both the federal and state governments? |
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Definition
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Term
Does common law as a source of law for contracts come exclusively from state governments? |
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Definition
| No; primarily from state governments |
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Term
What is the Purpose of the Uniform Commercial Information Transaction Act (UCITA)? |
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Definition
| To regulate electronic contracts |
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Term
What are 2 things constitute a unilateral contract? |
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Definition
| 1. The offeror can not revoke the offer once the offeree has begun performance or substantially completed performance 2. The offeror requests an act as acceptance of his offer |
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Term
The terms _______ and _______ as applied to contracts distinguish b/w the number of parties who make a promise in connection with the formation of a contract? |
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Definition
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Term
What standard is used to determine whether a contract exists under the objective theory of contracts? |
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Definition
| Reasonable Persons Standard |
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Term
What name is given to the doctrine that applies when one person confers a benefit on another who retains the benefit in a situation where it would be unjust to allow the recipient to retain the benefit without paying for it? |
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Definition
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Term
Is a void-able contract one in which the party may avoid his or her obligation under the contract? |
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Definition
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Term
Over time, most contracts are _________ at one time and __________ at another time? |
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Definition
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Term
. What are 4 requirements of a definite offer? |
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Definition
| 1. Identification of the parties 2. Identifications of the subject matter and quantity 3. Consideration to be paid 4. Time of performance |
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Term
What 3 things must be met for an offer to be valid? |
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Definition
| 1. The offer must be certain enough that most people can figure out what is being offered 2. The offer must be communicated to the offeree 3. There is an objective intent by the offeror to enter into a contract |
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Term
What is the objective theory of contracts based on? |
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Definition
| Based on the premises that whether the intent present is based on how a reasonable person would view the parties’ actions rather than being based on the actual intentions of the party |
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Term
In general, who can effectively accept an offer for a unilateral contract? |
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Definition
| Any person who performs the act requested and who knows about the offer prior to performing the act; Ex.= the trucker who spotted the Beltway Sniper |
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Term
If a contract has omitted terms, what terms could be implied by the court? |
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Definition
| Time of performance and price if it can be determined |
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Term
Normally, how are advertisements treated? |
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Definition
| Not as an offer, but as an invitation to make an offer |
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Term
If an offeree gives a rejection to the offeror, the offeree has lost __________? |
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Definition
| The ability to accept the original offer |
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Term
A counteroffer is treated as both a revocation and a new offer? |
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Definition
| No; offorer cannot revocate offer only offeror can |
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Term
Name 4 reasons an offer lapses? |
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Definition
| 1. The receipt of a counteroffer 2. Rejection by the offeror 3. The death of the offeror 4. The expiration of a reasonable time |
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Term
What term is used to describe the requirement that the terms of acceptance must be the same as those of the offer? |
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Definition
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Term
Silence operates as acceptance in what circumstances? |
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Definition
| 1. The offeree signed an agreement that said that future shipments would be accepted until further notification 2. The offeree indicates that silence will operate as acceptance 3. Prior dealings b/w the parties indicate that silence is acceptance |
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Term
What rule says that properly dispatched acceptance is effective even if the offeror never received it? |
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Definition
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Term
| what name is given to the doctrine that imposes liability on a seller of a product only if the seller sold a defective product directly to the injured party? |
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Definition
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Term
| Doctrine of privity of contract in the area of product liability has been greatly.... |
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Definition
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Term
| What basises can someone who is injured that has purchased a new automobile recover? |
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Definition
1 breach of warranty merchantability 2 negligence 3 strict liability |
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Term
| FMC negligence attaches wheel to axle. car crashes, what laws can FMC be sued under? |
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Definition
| preponderance of the evidence |
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Term
| In a liability case waht must the plaintiff prove? |
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Definition
| defect and defect was cause of unreasonable danger |
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Term
Who is liable to be sued? (Defect) manufacturer>wholesaler>retailer>consumer |
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Definition
1 retailer 2 Wholesaler 3 Manufacturer |
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Term
| Who can recover for their injuries in a product liability case? |
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Definition
1 purchaser 2 user @ Owner's permission 3 Non buyer or bystander |
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Term
| What tests do the courst apply in determining the adequacy of a producers design? |
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Definition
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Term
| what will courts consider in a defective design case? |
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Definition
1 cost of producing safer design 2 likelihood of injury 3 degree of danger caused by the design 4 social utility of the product |
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Term
| what does it mean when a product is found to be defective because of a failure to warn? |
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Definition
| product would not have been dangerous if the consumer would have been warned |
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Term
| describe the defense of "correction of a defect." |
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Definition
| user received recall notice, but did not pay attention to it, therefore, they are liable for problems incurred |
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Term
| should a manufacturer design its products to take into account all misuse? |
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Definition
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Term
| limits sellers liability to certain number of years from date of when the product was sold |
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Definition
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Term
| requires plaintiff to bring suit within certain number of years from time to injury |
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Definition
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Term
| what are some common recognized defenses for product liability? |
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Definition
1 correction of defect 2 supervening event 3 generally known dangers 4 gov't contractor defense 5 assumption of risk 6 misuse of the product |
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Term
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Definition
| a series of statutes that have ???? |
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Term
| How are crimes such as illegal parking and speeding normally characterized? |
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Definition
violations usually not imprisonment |
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Term
| rank the types of crimes by degree of seriousness beginning with the least serious and ending with the most serious. |
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Definition
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Term
| someone who makes moral decisions based on the guidance of an outside source, such as a person or the Koran, is applying which moral theory? |
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Definition
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Term
| What courses of action would utilitarianism require to be taken? |
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Definition
| the one that provides the greatest overall good to society, even if the benefit of the alternative flows to only one person. |
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Term
| is the determination of which course of action that produces the greatest amount of good for society a characteristic of Kantian ethics? |
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Definition
| No: that is a characteristic of utilitarianism |
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Term
| what did the appels court rule when Gm was sued in Ypsianti, Michigan? |
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Definition
| the promise made by GM to maintain employment at its plants were merely expressions of hope and not meant as promies |
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Term
| do the terms of a valid contract become private law between the parties? |
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Definition
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Term
| has the UCC been adopted in its entirety by all of the states? |
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Definition
| no, in part by all states |
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Term
| what is the name of the act recently drafter by the national conference of commissioners on uniform state laws in response to the growth in busness conducted over the internet? |
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Definition
Uniform Computer Information Transaction Act |
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Term
| what is an example of a formal contract? |
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Definition
1 a letter of credit 2 a negotiable instrument 3 a recognizance 4 a contract under seal |
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Term
| in order for a contract to be valid, it must it contain... |
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Definition
an offer an acceptance a consideration |
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Term
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Definition
giving up an existing legal right taking on a new legal duty |
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Term
is a promise to make a gift enforceable? if a promise to make a gift is unenforceable, may a court order the gift to be returned? Is nominal consideration considered to be sufficient? Will some states consider nominal consideration to be insufficient if its amount and circumstances "shock the conscience" of the court? |
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