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BLS Test 2
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120
Business
Undergraduate 3
10/08/2010

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Term
Administrative Law
Definition
The collection of rules and decisions made by administrative agencies to fill in the particular details missing from constitutions and statutes; involves applications, licenses, permits available information, hearings, appeals, and decision making
Term
Administrative Agencies
Definition
government bodies of the city, county, state, or federal government; any body created by the legislative branch to carry out specific duties
Term
Fourth Branch of Government
Definition
unofficial chacterization regarding administrative agencies
Term
Interstate Commerce Commission (ICC)
Definition
First federal administrative agency; created to regulate the anticompetitive conduct of railroads
Term
Enabling Legislation
Definition
statute that specifies the name, functions, and specific powers of the administrative agency; grant broad powers for purpose of serving public interest, convenience and necessity
Term
Procedural Rules
Definition
regarding the internal operations of an agency
Term
Interpretive rules
Definition
explain how the agency views the meaning of the statutes for which the agency has adminnistrative responsibility
Term
Legislative Rules
Definition
policy expressions that have the effect of law
Term
Subpoena
Definition
an order to appear at a particular time and place and provide testimony
Term
subpoena duces tecum
Definition
an order to appear and bring specified documents
Term
Administrative Law Judge (ALJ)
Definition
Presides over an administrative hearing; may attempt to get the parties to settle, but has the power to issue a binding decision
Term
Consent order
Definition
a statement where a company agrees to stop disputed behavior, but does not admit it broke the law
Term
Executive Agency
Definition
the head is appointed by the President with the advice and consent of the US Senate and may be discharged by the president at any time, for any reason; also referred to as cabinet level departments; Federal Aviation Agency, Food and Drug Administration
Term
Independent Agencies
Definition
governed by a board of commissioners; the president appoints the commissioners with the advice and consent of the Senate, commissioners serve fixed terms and cannot be removed except for cause
Term
hybrid agencies
Definition
agencies that do not fall clearly into one classification or the other
Term
Administrative Procedures Act (APA)
Definition
Created as a major limitation on how agencies are run; contains very specific guidelines on rule making by agencies
Term
Informal Rule making
Definition
also notice-and-comment rule making; Applies in all situations where the agency's enabling legislation or other congressional directives do not require another form
Term
Federal Register
Definition
An agency initiates informal rule making by publishing the proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process
Term
Formal Rule making
Definition
must include a complete transcript, begins with a publication of a notice of proposed rule making by the agency in the Federal Register, followed by a public hearing at which witnesses give testimony on the pros and cons of the proposed rule and are subject to cross-examination. If a regulation is adopted, the final rule is published in the Federal Register
Term
Interpretive Rule
Definition
rule that does not create any new rights or duties but is merely a detailed statement of the agency's interpretation of an existing law
Term
Policy statements
Definition
general statements about directions in which any agency intends to proceed with respect to its rule-making or enforcement activities; no binding impact and do not directly affect anyone's legal rights or responsibilities
Term
Reg-neg
Definition
Each concerned interest group and the agency itself send a represetative to bargaining sessions led by a mediator; if the parties achieve a consensus, that agreement is forwarded to the agency and the agency is expected to publish the compromise as a proposed rule in the Federal Register and follow through with the appropriate rule making procedures. If the agency does not agree then they are free to try to promulgate a completely different rule or a modification of the one obtained through negotiation
Term
basic limits on agency power
Definition
political, statutory, judicial, informational
Term
Freedom of Information Act (FOIA)
Definition
requires that federal agencies publish in the Federal Register places where the public can get information from the agency; publish records, interpretations and policies, staff manuals available on request
Term
Government Sunshine Act
Definition
requires that agency business meetings be open to the public if the agency is headed by a collegiate body
Term
collegiate body
Definition
consists of 2 or more persons, the majority of whom are appointed by the president with the advice and consent of the Senate
Term
Actus Reus
Definition
guilty act, wrongful behavior
Term
mens rea
Definition
guilty mind, wrongful state of mind
Term
reckless
Definition
criminal act occurs when the individual consciously ignores substantial risk
Term
negligent
Definition
he or she does not meet a standard of care that the reasonable person would use in the context that led to the criminal act
Term
liability without fault (strict liability)
Definition
involves actions that regardless of the care taken are deemed illegal to engage in; such acts are specifically prohibited or bring about a specifically prohibited result
Term
felonies
Definition
include serious crimes, such as murder, that are punishable by imprisonment for more than one year or death
Term
misdemeanors
Definition
less serious crimes punishable by fines or imprisonment for less than one year
Term
petty offenses
Definition
minor misdemeanors that are usually punishable by a jail sentence of less than 6 months or a small fine
Term
robbery
Definition
the forceful and unlawful taking of personal property
Term
burglary
Definition
occurs when someone unlawfully enters a building with the intent to commit a felony
Term
larceny
Definition
secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession
Term
white collar crime
Definition
variety of nonviolent illegal acts against society that occur most frequently in the business context; fraud, bribery, embezzlement
Term
bribery
Definition
offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust
Term
commercial bribery
Definition
bribe in exchange for new information or payoffs
Term
extortion (blackmail)
Definition
making of threats for the purpose of obtaining money or property
Term
fraud
Definition
an individual intentionally uses some sort of misrepresentation to gain an advantage over another person
Term
3 elements to fraud
Definition
1. a material false representation made with intent to deceive
2. a victims reasonable reliance on the false representation
3. damages
Term
insider trading
Definition
illegal buying or selling of a corporations stock or other securities by corporate insiders such as officers and directors in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security
Term
stock option backdating
Definition
occurs when an employee falsifies documents to make it appear as if the company had granted options on certain dates, but the dates are selected after the fact by looking backward for dates on which the stock price was low, thereby falsely inflating the net profits for the company
Term
false pretenses
Definition
illegal obtainment of property belonging to another through materially false representations of an existing fact, with knowledge of the falsity of the representations and with the interest to defraud
Term
forgery
Definition
the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another
Term
health care fraud
Definition
submission of false claims to insurance plans
Term
cramming
Definition
scheme in which companies bill consumers for optional services that the consumers did not order
Term
pretexting
Definition
using or causing others to use false pretenses, fraudulent statements, fraudulent or stolen documents, or other misrepresentations
Term
embezzlement
Definition
wrongful conversion of anothers property by one who is lawfully in possession of that property
Term
computer crimes
Definition
refers broadly to any wrongful act that is directed against computers, uses computers to commit a crime, or involves computers
Term
hacker
Definition
person who illegally accesses or enters another person's or company's computer system to obtain information or to steal money
Term
cyber terrorist
Definition
hacker whose intention is the exploitation of a target computer or network to create a serious impact
Term
virus
Definition
computer program that rearranges, damages, destroys, or replaces computer data
Term
strict-liability offenses
Definition
offenses that do not require state of mind
Term
vicarious liability
Definition
liability or responsibility of a person, a party, or an organization for damages caused by another. Most commonly used in relation to employment, where the employer is vicariously held liable for the damages caused by its employees
Term
affirmative defenses
Definition
claiming that the defendant is innocent or that the prosecution did not follow proper procedures; excuses for unlawful behavior
Term
infants
Definition
those who have not reached the age of majority typically are considered to lack the mental capabilities of an adult, and thus can be used as a partial defense to defuse the guilty-mind requirement of a crim
Term
mistake-of-fact
Definition
defense tries to prove that a defendant made an honest and reasonable mistake that negates the guilty-mind element of a crime
Term
involuntary intoxication
Definition
an affirmative defense claiming that the defendant took the intoxicant without awareness of its likely effect, mistook its identity, or the intoxicant was taken under force
Term
insanity
Definition
an affirmative defense claiming that the defendant had a severe mental illness extant at the time the crime was committed that substantially impaired the defendants capacity to understand and appreciate the moral wrongfulness of the act
Term
duress
Definition
any unlawful act or threat exercised upon a person whereby he/she is forced to enter into an agreement or to perform some other act against his/her will
Term
entrapment
Definition
a relatively common defense that claims the defendant would not have committed the crim or broken the law if not induced or tricked by law enforcement officials
Term
necessity defense
Definition
the commission of the crime was necessary to prevent a more sever crime from occuring
Term
justifiable use of force
Definition
use of force is necessary to prevent imminent death or great bodily harm to ones self or to another or to prevent the imminent commission of a forcible felony
Term
exclusionary rule
Definition
holds that all evidence obtained in violation of the constitutional rights spelled out in the 4th, 5th, 6th, amendments is normally not admissible at trial
Term
good faith exception
Definition
evidence found when an official acts in good faith is admissible at trial
Term
inevitability exception
Definition
holds that illegally obtained evidence may legally be used at trial if the evidence would have been obtained inevitably by law enforcement officials using lawful means
Term
arrest
Definition
the action of the police, or the person acting under the law, to seize, hold, or take an individual into custody
Term
booking
Definition
procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records
Term
first appearance
Definition
appearance before a magistrate who determines whether there was probable cause for the arrest
Term
bail
Definition
the amount of money defendants pay to the court on release from custody as security that they will return for trial
Term
information
Definition
a formal accusation stating the facts and specifying the violation of criminal law
Term
indictment
Definition
a written accusation of the crime allegedly committed by the defendant
Term
arraignment
Definition
the first appearance in court by the defendant in which he or she is advised of the pending charges, the right to counsel, and the right to trial by jury and to plea to the charge
Term
nolo contendere
Definition
a plea in which the defendant does not admit guilt but agrees not to contest the charges
Term
petit jury
Definition
fact-finding jury
Term
plea bargain
Definition
agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty
Term
burden of proof
Definition
the duty of the plaintiff or prosecution to establish a claim or allegation by admissible evidence and to prove that the defendant committed all the essential elements of the crime to the jurys or courts satisfaction beyond any reasonable doubt, in order to convict the defendant
Term
burden of production of evidence
Definition
prosecution must produce any tangible evidence and testimony that prove the elements of the crime that the defendant allegedly committed
Term
burden of persuasion
Definition
prosecutor must persuade the jury beyond a reasonable doubt that the defendant committed the crime
Term
False Claims Act
Definition
private citizens use this to sue employers on behalf of the government for fraud against the government
Term
intentional torts
Definition
a civil wrong resulting from an intentional act committed upon a person, property, or economic interest of another. Include: assult, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels
Term
negligent torts
Definition
occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm
Term
strict-liability torts
Definition
occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes
Term
assault
Definition
occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact
Term
battery
Definition
intentional, unwanted, offensive bodily contact
Term
self defense
Definition
common defense to battery, responding to the force of another with comparable force in order to defend oneself
Term
defamation
Definition
intentional publication (communication to a third party) of a false statement harmful to an individuals reputation
Term
libel
Definition
defamation published in a permanent form
Term
slander
Definition
defamation made orally
Term
absolute privilege
Definition
a special right, immunity, permission, or benefit given to an individual to make any statement, right or false, about someone without being held liable for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim
Term
conditional privilege
Definition
a party will not be held liable for defamation unless the false statement was made with actual malice
Term
public figure privilege
Definition
a special right, immunity, or permission given to people to make any statement about public figures, typically politicians and entertainers, without being held liable for defamation for any false statements made about them
Term
false light
Definition
occurs when publicity about a person creates an impression about that individual that is not valid
Term
public disclosure of private facts about a person
Definition
occurs when someone publicizes a private fact about an individual and that fact is something a reasonable person would find highly offensive
Term
appropriation for commercial gain
Definition
occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that persons permission
Term
intrusion on an individuals affairs or seclusion
Definition
occurs when someone invades a person's solitude, seclusion, or personal affairs when the person has the right to expect privacy
Term
false imprisonment
Definition
occurs when an individual is confined or restrained against his or her will for an appreciable period of time
Term
intentional infliction of emotional distress
Definition
"tort of outrage" the defendant intentionally engages in extreme conduct designed to cause the plaintiff emotional distress
Term
malicious prosecution (action for)
Definition
action brought against a defendant who is responsible for the institution of a criminal proceeding against the plaintiff without probable cause, who was subsequently exonerated, for the sole purpose of causing problems for the plaintiff
Term
wrongful civil proceedings
Definition
a civil action brought against a person with no justifiable basis for the action
Term
abuse of process
Definition
applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than the procedure intends
Term
trespass to realty (trespass to real property)
Definition
tort that occurs when someone goes on another's property without permission or places something on another's property without permission
Term
private nuisance
Definition
when a person uses her property in an unreasonable manner that harms a neighbors use or enjoyment of his property
Term
trespass to personality
Definition
temporarily exerting control over anothers personal property or interfering with the true owners right to use the property
Term
conversion
Definition
when a person permanently removes personal property from the owner's possession and control
Term
disparagement
Definition
defamation of a business product or service
Term
slander of quality (if spoken)
Definition
if statements are criticisms of the quality, honesty, or reputation of the business or product
Term
trade libel (if written)
Definition
a business tort occurs when false published in printed form statements are criticisms of a business product or service that resulted in loss of sales
Term
slander of title
Definition
statements that relate to the ownership of the business property
Term
food disparagement
Definition
a tort that provides ranchers and farmers a cause of action when someone spreads false information about the safety of a food product
Term
intentional interference with contract
Definition
intentionally taking an action that will cause a person to breach a contract that he has with another
Term
tort of unfair competition
Definition
when someone enters a business with the sole intent of driving another firm out of business
Term
fraudulent misrepresentation
Definition
occurs when a party uses intentional deceit to facilitate personal gain
Term
compensatory damages
Definition
damages designed to compensate the victim for all the harm caused by the person who committed the tort
Term
tort feasor
Definition
a person who commits an intentional or through-negligence tort that causes a harm or loss for which a civil remedy may be sought
Term
nominal damages
Definition
small amount of money given to recognize that a defendant did indeed commit a tor in a case where there were no compensable damages suffered by the plaintiff
Term
punitive damages
Definition
damages awarded to punish the defendant
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