Business: Law and Common Law Doctrines Essay

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1. What two essential elements comprise traditional criminal liability? What are 3 primary differences between civil and criminal court?
- 3 primary differences between civil and criminal court are PURPOSE, WHO CAN FILE, AND BURDEN OF PROOF.
- Two essential elements that comprise traditional criminal liability are committing a bad act and intent to do a bad act. Certain acts don’t require intent, such as manslaughter and criminal negligence.

2. List 6 categories of crime and give examples of each.
- Violent (murder, manslaughter)
- Property (Burglary, Arson)
- White Collar (Fraud, Scams)
- High-Tech (Identity Theft, Cyber Stalking)
- Public order (Prostitution, Drug Use)
- Organized ( )

3. What 4 things does valid complaint have to include?
- Name/contact #
- Cause of action
- Facts
- Remedy
4. What 3 things does plaintiff have to show for default judgment?
- defendant doesn’t show
- proof of service
- prima facia burden
- Remedy

5. What are 4 most common exceptions to free speech?
- False statements of facts
- Obscenity
- Potential offensive sexual conduct
- Fighting words and offensive speech

6. What is Bill of Rights and why is it included in constitution? Name 10 specific individual freedoms named in Bill of Rights. Why is commerce clause important?
- The Bill of Rights are 10 amendments included to constitution to guarantee us certain rights that federal government cant violate.
- 10 individual freedoms in Bill of Rights (Freedom of religion/political, Right to bear arms, Quartering soldiers, Regulation of search and seizure, Protection of persons and property, Rights of persons accused of crimes, Right of trial by jury, Protection against excessive fines bail punishment, Guarantee of unspecified rights, Powers reserved to state and people).
- The commerce clause expands federal authority over states and gives power to federal to settle disputes in state when involving commerce.

7. List 10 affirmative defenses in criminal liability.
- Testifiable use of force
- Necessity
- Intoxication
- Insanity
- Immunity
- Infancy
- Entrapment
- Mistake
- Duress
- Consent
- Statute of limitations

8. What is motion for summary judgment and when would it be properly granted?
- A motion for summary judgment ask for partial or complete dismissal of certain issues from a case. It is a method to decide issue without need for trial.
- It is properly granted when facts are undisputed in case and entitle one side to win because of existing law relating to the issue.

9. Name 3 categories of potential monetary damages in civil lawsuit.
- compensatory
- Consequential
- Punitive

10. Define in legal terms Fiduciary Duty.
- Fiduciary duty is the legal duty to put someone else’s interest in front of own.

11. List 4 types of intentional torts.
- Assault
- Battery
- Emotional distress
- False imprisonment

12. What are 5 sources of law in American legal system? Where does each originate? When would any 1 of 4 be binding or persuasive authority?
- 5 sources of law in American legal system are the 1) US constitution and constitution of various states. 2) Statutory Law. 3) Regulations created by administrative agencies. 4) Case law and common law doctrines. 5) Secondary sources of law, books articles.
-

13. Name and describe the 3 test courts use to determine if law is constitutionally enforceable. In what type of
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