BUSINESS LAW
MIDTERM REVIEW
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1 Amendment – Freedom of speech, press, religion, assembly, and petition
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4 Amendment – prohibits illegal searches and seizures
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5 Amendment – protects from self-incrimination and double jeopardy
Accord and Satisfaction – to settle an honest agreement about an amount owed
Answer – defendant prepares
Appellate Court Judges Opinion – explains why decision was made
Assumption of risk – If a spectator sues for being hit by a baseball at a professional ball game, the ball club may be able
to use the assumption of risk as a defense
Battery offense – giving drugs to an unsuspecting person
Bilateral contracts – Most contracts are bilateral rather than unilateral in nature – both parties give/get consideration –
money/iPad
Bill of Rights – the first ten amendments to the US Constitution
Consumer protection laws – Consumer protection laws do not protect you if you purchase goods from another consumer
Contract – requirements, such as a license, to enter into – No license – contract is invalid
– If a license is required for the job (ie. licensed plumber) and the contractor misrepresented him/herself and does
not have a license, the contract is invalid.
Contract offers – is an offer that is jokingly made, even though it has all required elements of a contract, valid? - No
Contracts – A minor who owns his/her own business is bound by the contract he/she enters into
– Juveniles are generally protected when entering into contracts with adults
Contracts – Substantial performance - When a party to a contract has done everything except minor things, there is
substantial performance.
Contracts – Time is of the essence - If the parties specify that time is of the essence, the court will enforce the time period.
Contracts entered under duress – Duress or undue influence occurs when persuasive pressure is placed on someone to
enter a contract – this would be a voidable contract
Counteroffer – basically creates a new potential contract
Crime – two elements – criminal act and the required state of mind
Cross examination – Does not merely repeat direct exam – creates reason for court to discount direct examination
testimony – kept very short
Debt not discharged under bankruptcy law – education loan
Destination contract – shipped goods – belong to the seller until they have been delivered to the destination
Discovery – first step after Complaint and Answer – deposition and interrogatories
DWI – second offense - second DWI conviction within 10 years, you may serve up to 90 days in jail, fined $500 - $1,000,
and have your license suspended for two years
DWI
– Under 21 - If you are under 21 and convicted for DWI with a .01% BAC, you will receive a mandatory 30-90 day
license suspension
– Is it possible to predict with certainty how many drinks it will take you to reach the .08 BAC limit – No
– Breathalyzer test refusal - If you refuse to take a breathalyzer test, you are automatically found guilty and are
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subject to any fine and license suspension according to your offense, 1 DWI, 2 DWI, etc.
E-commerce – is the buying and selling of goods and services on the Internet
English Common Law – is based on the law of precedent
Entrapment defense – has to be able to show that the crime would not have been committed if the police officer had not
been involved
Environmental Protection Agency (EPA) – Protects the environment in relation to any possible contamination of water
supply, air, or any land
E-Sign – (Electronic Signatures in Global and National Commerce Act) permits the use of electronic signatures and
records.
Ethics – The rules of correct conduct that is acceptable in society
Expert witness – A person who is a specialist in a subject, often technical, who may present his/her expert opinion without
having been a witness to any occurrence relating to the lawsuit or criminal case.
Federal Court jurisdiction –
- Cases that raise a federal question – such as interpreting the Constitution
- Bankruptcy cases
- Admiralty cases, or those pertaining to the sea
Federal Trade Commission (FTC) – Oversees businesses attempting to prevent and punish misleading or false
advertising
Felony – A major crime punishable by imprisonment or death
First degree crime – Murder, with intent, and aggravated manslaughter, with extreme indifference to human life
Food and Drug Administration (FDA) – Oversees food and drug industry, protects consumers
Four elements of negligence – Duty of care, breach of duty, proximate cause, and actual harm or injury
Genuine agreement – exists when a valid offer is met by a valid acceptance - Does not exist when a contract involves
fraud
Golden Rule – Do unto others what you would have them do unto you
Grand Jury – a jury of inquiry only – does not decide guilt or innocence
Involuntary manslaughter – person is unintentionally killed – key factor is no intent - results from lack of reasonable care
Laws in our society – were created to maintain order
Lemon laws – are designed to protect consumers when they purchase either new or used vehicles
Libel – a false statement in written or printed form
Mediation – both sides compromise – ADR is acronym for Alternative Dispute Resolution
Most common tort – negligence
Motion for Summary Judgment – one side in a civil case wants the judge to make an early determination in a case, before
it continues
Municipal Court jurisdiction – Petty disorderly offenses, DWI, Traffic violations, neighbor disputes
Opening statements in trial – briefly states what the case is about, establishes the theme, summarizes key facts
Petit jury in NJ excuses – medical inability, 75 years or older, served within 3 years, cares for a minor child, sick, aged or
infirm dependent
Petit jury requirements in NJ – NJ resident, US citizen, at least 18 years old, not have been convicted of a felony
Plaintiff in a criminal case – presents its evidence first before the defense.
Purchases under $500 and contract law – As long as the price of a product is less than $500, an oral contract for the sale
of goods is enforceable
Securities & Exchange Commission (SEC) - Oversees corporations and the accounting industry and has created laws
designed to protect the public
Sequence of steps in a trial –
Voir Dire
Opening Statements
Evidence presented by the Plaintiff/Prosecution
Evidence presented by the Defense
Closing Arguments
Charge to the Jury
Settling of civil cases – A civil case can be settled if the trial has already begun
Standard of proof in civil litigation – Proof by a preponderance of the evidence, proof by clear and convincing evidence,
and one side has more evidence in its favor than the other
Statutory Laws – passed by any governing body that has been created to make laws
Superior Court – Appellate Division – 3 judges – only the facts – no witnesses – no jury
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Municipal court case can be appealed
Superior Courts jurisdiction – does include small claims cases
Title – the right of ownership to goods. It is unlawful to sell goods if you do not have the title (ownership).
To bring a lawsuit for fraud – there must be an intentional misrepresentation of fact
Town ordinance – is the same as a town/municipal law
Types of contracts that must be in writing – Contracts to pay the debts of others, contracts requiring more than a year to
perform, and contracts for the sale of goods valued at $500 or more
Unilateral contract – An offer of a reward is an example (Lost dog reward – offer is made, someone has to return dog for
contract to be complete)
Valid Will – A will is not valid without 2 witnesses signing it.
Voir dire – attorneys question prospective jurors before trial begins – can have a juror removed if they don’t fit the profile
the attorney is looking for -- can be a critical factor in a case
Warranty of fitness for a particular purpose – buyer relies on seller’s knowledge and advice when purchasing goods
Possible Essays –
Four elements of negligence
Six elements of a contract
Draft a contract using information supplied, labeling each requirement