Find study materials for any course. Check these out:
Browse by school
Make your own
To login with Google, please enable popups
To login with Google, please enable popups
Don’t have an account?
To signup with Google, please enable popups
To signup with Google, please enable popups
Sign up withor
The theory that a federal law supersedes any inconsistent state law or regulation.
Procedural due process requires that any government action that takes away life, liberty, or property must be made fairly and using fair procedures. In criminal cases, this means that before a government can move to take away life, liberty, or property, the defendant is entitled to at least adequate notice, a hearing, and a neutral judge.
The first constitution of the United States of America; it established the union of states.
The first ten amendments to the U.S. Constitution.
The division of enumerated powers of government among separate branches, typically the legislative, executive, and judicial.
A legislature with two chambers, or houses.
The presiding officer in the U.S. House of Representatives.
Organized and created into a legal corporation.
The standard of review in which government must provide rational basis for the law.
A duty to prove. In a criminal trial, the burden of proof is on the prosecution. In a civil trial, the burden of proof is usually the plaintiff’s burden.
The standard of proof in a criminal trial. It means that the evidence must be so compelling that there is no reasonable doubt as to the defendant’s guilt.
The standard required for a search warrant to be issued. It arises when there is enough evidence, such as through corroborating evidence, to reasonably lead to the belief that someone has committed a crime.
An exception to the warrant requirement, in which a person with valid authority permits a search to proceed without a warrant.
Occurs when a suspect is in custody, which means that the suspect cannot leave, and subject to interrogation, which means that words spoken or actions undertaken by government officials are likely to induce a response.
ead to persons in custody, so that they are made aware of some of their constitutional rights. Failure to read Miranda warnings when someone is subject to a custodial interrogation may render statements uttered by the suspect inadmissible under the exclusionary rule.
This means that the government may not prosecute someone twice for the same offense. It is prohibited by the Fifth Amendment to the U.S. Constitution.
A lack of capacity defense, specifically applicable when the defendant did not understand that his or her actions were wrong.
A defense that may be used by persons who have not yet reached the age of majority, typically eighteen years of age.
A defense that may be raised by a criminal defendant. Entrapment occurs when the government induces someone to commit a crime that he or she had no previous propensity to commit.
A legal person convicted of a crime.
Involuntarily losing ownership of property that was used in criminal activities.
A common penalty for committing crime, which means that the criminal is under the supervision of the court but is not confined.
A term used to describe nonviolent crimes committed by people in their professional capacity or by organizations.
Fraud against banks and other similar institutions, such as credit unions.
A pyramid scheme, which is a particular type of fraud.
The use of deception to acquire the secrets of an economic competitor for financial gain.
A federal statute that criminalizes the theft of trade secrets, among other things.
Racketeer Influenced and Corrupt Organizations Act (RICO)
A federal statute that penalizes racketeering activities.
Occurs when someone pays a government official to influence his or her decision or actions in his or her official capacity for the benefit of the person paying the bribe.
Foreign Corrupt Practices Act (FCPA)
A federal statute that, among other things, outlaws the payment of bribes.
Payments given to speed up a process that will occur, rather than to influence a decision.
A form of extortion that occurs when someone threatens to reveal a harmful truth, such as involvement in criminal activity, but agrees to remain silent if he is paid.
When someone obtains property through coercion by threat of some future action.
A federal statute prohibiting antitrust activities.
People who report the illegal activity of their employers or of their organization to authorities.
The primary hearing officer in an administrative agency, who provides the initial ruling of the agency (often called an order) in any contested proceeding.
Code of Federal Regulations
A compilation of all final agency rules. The CFR has the same legal effect as a bill passed by Congress and signed into law by the president.
exhaustion of administrative remedies
Principle 1. The Responsibilities Of Businesses:
Beyond Shareholders toward Stakeholders
Principle 2. The Economic and Social Impact of Business: Toward Innovation, Justice and World Community
Principle 3. Business Behavior:
Beyond the Letter of Law Toward a Spirit of Trust
Principle 4. Respect for Rules
Principle 5. Support for Multilateral Trade
Principle 6. Respect for the Environment
Principle 7. Avoidance of Illicit Operations
A partial defense that reduces the plaintiff’s recovery by the amount of the plaintiff’s own negligence.
Contractually given authority to the agent from the principal, orally or in writing, communicated to the third party.
The authority of an agent to perform acts that are reasonably necessary to accomplish the purpose of the agency.
In agency, the situation in which a principal leads a third party to believe that an agent has authority to bind the principal, even where the agent lacks the actual authority to bind the principal.
The Latin term for the master-servant doctrine.
The breach of the duty of all persons, as established by state tort law, to act reasonably and to exercise a reasonable amount of care in their dealings and interactions with others.
A civil tort involving numerous plaintiffs against one or few defendants.
joint and several liability
A doctrine under which the plaintiff may pursue a claim against any party liable for the claim as if they were jointly liable, and defendants then sort out their respective proportions of liability.
joint and several liability
A form of liability where creditors or other claimants can pursue their entire claim against one, several, or all possible defendants, leaving defendants to sort out their respective proportions of liability and payment.
A response by the defendant that raises a justification or excuse for the defendant’s conduct.
assumption of risk
A defense in which the plaintiff is barred from recovery because the plaintiff voluntarily and knowingly assumed known risks.
open and obvious
A doctrine under which the landowner is protected from liability if an invitee is injured by an open and obvious danger or hazard.
An absolute defense in situations where the plaintiff contributed to his or her own injuries.
Good Samaritan law
State laws that shield those who aid the injured from negligence liability.
dram shop acts
State laws establishing strict liability for taverns, bars, and restaurants for serving alcohol to minor or visibly intoxicated persons who then cause death or injury to others
strict product liability
Under strict product liability, manufacturers, distributors, and retailers are strictly liable for injuries caused by unreasonably dangerous products.
Association of two or more persons in an unincorporated entity to do business and share profits and losses.
A legal entity chartered by the state, with a separate and distinct existence from its owners.
A corporation that, after meeting certain eligibility criteria, can elect to be treated like a partnership for tax purposes, thus avoiding paying corporate income tax.
If: 1) the incident that produced the injury was of a kind that would not have resulted but for someone’s carelessness, and
2) the instrumentality of the injury was in the exclusive control of the Defendant,
implied warranty of merchantability
Merchant-seller’s implied warranty that goods are suitable for the goods’ normal uses.
implied warranty of fitness for particular purpose
A seller’s implied warranty that the goods will be suitable for the buyer’s expressed need.
statute of repose
A statute limiting the time that a product manufacturer can be liable for its defects.
An agent hired by contract to carry out specifically stated activities.
agency coupled with an interest
An agency in which the agent has an interest in the property regarding which he or she is acting on the principal’s behalf.
A person who is hired to accomplish a result but is not subject to specific control by the one hiring.
An agency where the agent receives no compensation.
The duty of an agent to act always in the best interest of the principal, to avoid self-dealing.
shop rights doctrine
The rights of a company to exploit inventions made by employees on company time and resources.
Laws imposing strict employer liability for injuries sustained by employees in the scope of employment.
Any commercial enterprise, usually organized for profit of its owners, and typically involving the provision of goods or services to a customer.
Persons or entities to whom money is owed.
Any type of investment where the investor’s maximum possible losses is the amount invested. The investor’s other assets are not reachable by creditors.
A type of business where there is no legal distinction between the business and its owner.
A person who organizes a business and carries the risk of loss and reward of profit with it.
Money invested in an unproven or new start-up busin
Affluent individuals (or groups of individuals) who provide capital to start-up and early-stage businesses.
A nonpublic offering in which a business sells securities to a few chosen and qualified investors to raise capital.
initial public offering (IPO)
The first time a corporation sells its shares to members of the public.
articles of partnership
Also known as a partnership agreement, a voluntary contract (typically written) in which two or more persons decide to conduct business together and share profits and losses.
An agreement between partners to value and sell a partner’s portion of the business in the event the partner withdraws or die
For tax purposes, an entity that does not need to file its own tax return or pay taxes; profits and losses flow through disregarded entities to the owners.
Tax return that provides information only to the taxing authority.
A form of partnership formed in compliance with state law that provides limited liability to certain limited partners who agree to refrain from management of the business.
A partner in a limited partnership given limited liability.
Capital raised by a corporation through issuance of shares entitling owners to an ownership interest.
Any negotiable instruments representing financial value, such as a bond or stock.
articles of incorporation
A legal document that creates a corporation when filed and approved by the relevant state authority.
Units of account for a financial instrument, such as stocks.
The face vale of a security as determined by the corporation. Par value has no relation to market value.
A corporation operating in the state in which it was incorporated.
A corporation incorporated in a state other than where it is seeking to operate.
closely held corporation
A corporation whose stock is held by only a small number of shareholders.
A company wholly owned or controlled by another company.
A commercial enterprise with some sort of contractual or equity relationship with another commercial enterprise.
The liability of landowners and leaseholders for torts that occur on their real property.
A transaction made by parties as if they were unrelated, in a free market system, each acting in its own best interest.
pierce the corporate veil
An equitable doctrine allowing creditors to petition a court to not permit limited liability to a corporate shareholder.
Rules and regulations adopted by a corporation for its own internal goverance.
board of directors
A group of persons elected by shareholders of company to set high-level strategy for the company.
A person authorized to act on behalf of a shareholder at a shareholders’ meeting.