BUSINESS LAW – FINAL EXAM STUDY GUIDE The Business Law Final Exam will consist of 100 questions that will be broken into True/False, Multiple Choice & Matching sections. Questions will be based on course vocabulary, key concepts, major cases & legal scenarios. COURSE VOCABULARY Chapter 1 Case Law Civil & Criminal Law Ordinance Stare decisis Procedural law Substantive law Chapter 2 Due Process Interstate/Intrastate Commerce Chapter 3 Appellate court Arbitrator Court of record General jurisdiction Juvenile court Litigate Mediator Original jurisdiction Small claims court Trial court Writ of certiorari Chapter 4 Beyond a Reasonable Doubt Burden of Proof Crime Felony & Misdemeanor Immunity Plea bargaining Probable cause Self defense Vicarious criminal liability White collar crime Chapter 5 Assault Battery Defamation False imprisonment Fraud Intentional tort Invasion of privacy Negligence Preponderance of Evidence Strict liability Subpoena Chapter 6 Acceptance Bilateral & Unilateral contract Contract Counteroffer Revocation Chapter 7 Duress Genuine Assent Material Fact Mutual Assent Ratification Rescission Undue Influence Unilateral Mistake Valid, Void, Voidable Chapter 8 Consideration Forbearance Legal value Liquidated debt Nominal consideration Past consideration Promissory estoppels Statute of limitations Chapter 9 Contractual capacity Disaffirmance Emancipation Ratification Scope of authority Chapter 10 Statute of Frauds Chapter 15 Accession Constructive delivery copyright fair use intellectual property joint tenancy lost & mislaid property patent personal & real property right of survivorship severalty tenancy in common trademark trade secret Chapter 16 Extraordinary, mutual benefit , gratuitous & involuntary bailment Extraordinary, ordinary & minimal care Chapter 17 Adverse possession Deed Doctrine of capture Easement Eminent domain Zoning ordinance Chapter 18 Indemnify Insurable interest Policy Premium Chapter 19 Administrator Beneficiary Decedent Estate Executor Intestate testate trust will Chapter 20 Agency Agent Commingling Duty of: loyalty, obedience, reasonable care & skill, confidentiality, accounting Express authority Implied authority Power of attorney Undisclosed principal Chapter 21 Unemployment compensation Worker’s compensation Wrongful discharge Chapter 22 Agency, closed, open & union shop Closed shop Collective bargaining featherbedding right-to-work laws unfair labor practices yellow dog contracts Chapter 23 BFOQ Bona fide seniority EEOC Protected classes Quid pro quo Chapter 24 Assumption of risk Casual workers Contributory negligence Co-worker negligence OSHA Other: Allocution Corpus Delicti Covenant not to compete Mens Rea Nolo contendere KEY CONCEPTS Identify the role of case law (Ch. 1) Distinguish between civil & criminal law, crimes & torts. (Ch. 1) Ten Amendments (Ch. 2 & appendix) Name the different levels of courts and describe their powers (Ch. 3) List the 3 elements that make an act criminal (Ch. 4) Distinguish between ordinances, misdemeanors & felonies with examples & penalties (Ch. 4) Analyze the most common torts and the basic elements of each (Ch. 5) Describe a valid contact and its elements (Ch. 6) Describe the methods by which offers are terminated (Ch. 6) Recognize when genuine assent is & is not present (Ch. 7) Identify types of consideration (Ch. 8) Identify legality & capacity of contracts (Ch. 9) Contrast oral and written contracts (Ch. 10) Describe various remedies for breach of contract (Ch. 11) Understand the classifications of property (Ch. 15) Identify forms of ownership & how they are transferred (Ch. 16) Identify 3 rights a tenant has (Ch. 17) Discuss common types of business & personal insurance (Ch. 18) Differentiate between dying testate & intestate (Ch. 19) Describe how a decedent’s property is distributed (Ch. 19) Distinguish the scope of agency authority (Ch. 20) Explain how employment contracts are made & terminated (Ch. 21) Explain how a collective bargaining agreement is concluded (Ch. 22) Identify the bases for unjustified discrimination in employment & statutes governing such discrimination (Ch. 23) List the 3 common-law defenses used by employers against negligence cases by employees (Ch. 24) Major cases & related issue(s) 1. Tinker v. Des Moines – Student Speech, Symbolic Speech 2. Roe v. Wade - Abortion 3. Miranda v. Arizona – Self Incrimination, Due Process 4. Roth v. United States – 1st amendment & obscenity 5. Miller v. California – 1st amendment & obscenity 6. Burger King v. Rudzewick - Jurisdiction of States, Franchising Rights 7. The People of the State of Illinois vs. Larry Eyler – Self Incrimination 8. The People of the State of Illinois vs. David Hendricks – Beyond a Reasonable Doubt 9. Hustler Magazine, Inc. v. Falwell – Satires & Parodies