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FIL 185 Final Exam Definitions
Terms to know
34
Law
Undergraduate 1
12/10/2007

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Term
Sole Proprietorship
Definition
one owne; if business goes downpersonal assets go down as well
Term
conciliation
Definition
a neutral third party who offers suggestions to solve the problem
Term
battery
Definition
intentional tort; intentional contact that is harmfil or offensive
Term

consideration

Definition

the inducement to contract; was there a bargain for exchange

Term
constructive eviction
Definition
landlord doesn't officially evict tenant but allows conditions to become so unbearable that tenant has no choice but to leave
Term
Preponderance of the Evidence
Definition
urden of proof in civil trial. "preponderance=more than half"
Term

Equal Employment Opppurtunity Comission

(EEOC)

Definition
deals with discrimination in the work place
Term
Judicial Review
Definition
Courts have the power to declare law checks and balances
Term
Establishment Clause
Definition
Gov't Can not support, sponosor or establish religion
Term
substantive due process
Definition
gov't can't pass laws that are arbitrary or unfair
Term

National Labor relations Act

(NLRA)

Definition
workers have the right to form unions
Term
Partnership
Definition
an association of 2 or more persons to carry on as co-owners, a business for profit
Term
Mediation
Definition
when a neutral 3rd party comes in and offers suggestions to break the dead lock
Term
Assault
Definition
intent plus the reasonable apprehension of an imminent battery; does not involve contact
Term
Statute of Frauds
Definition
law that tells us when a contract must be in writing in order to be enforceable
Term
Reasonable doubt
Definition
burden of proof
Term

National Labor Relations Board

(NLRB) 

Definition
administors vote in the formation of unions
Term
Grand Jury
Definition
16-23 community members who who determine whether there is probable cause to go to trial (secretive)
Term
Specific Performance
Definition
non-monetary damages;courts order parties to comply with contract
Term
Free exercise clause
Definition
gov't cannot interfere with peoples religous practices
Term
Procedural due process
Definition
whenever the gov't wants to take away someones life liberty or property it must go through certain steps first
Term
fraud
Definition
misrepresentaion of a material fact made with knowledge of the falsity of the statement with intent to casue another to act which in fact causes another detriment to or injury
Term
Good Faith
Definition
an obligation to participate activley in the delebrations so as to indicate a present intention to find a basis or agreement
Term
corporation
Definition
business has an identity seperate from that of its owners; owners=stockholders; limited ;liability 
Term
Arbitration
Definition
process of having a mediation' person who conducts thios is called an arbitrator; they make rulings in union management disputes
Term
contract
Definition
legally enforceable exchange of promises
Term
negligence
Definition
an act of taking on unreasonable risk breeching a duty of due care causing injury
Term
Fellow servant rule
Definition
if an employee is injured by a co-worker, the employer cannot be held liable
Term
Fiduciary
Definition
a legally enforced relationship of trust confidence and responsibility
Term
Articles of Incorporation
Definition
a document for the state recognizing you as a corporation
Term
stare decisis
Definition
"let the decision stand precedent"
Term
exclusionary rule
Definition
ilegally seized evidence can't be used in the prosecution; case-in-chief
Term
probable cause
Definition
have to have probable cause to search and seize
Term
strict liability
Definition
the defendent's conduct is irrelevent
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