COMM Exam 2

laws

the rules that a society accepts as its minimum accepted behavior; they are rules that society has created to govern what is acceptable and unacceptable behavior

Business laws

that rules that society has created to govern what is accepted and not acceptable behavior for businesses

statutory law

laws enacted by the votes of the people or by representatives elected by the government

administrative rules and decisions

lawes developed by individuals or agencies, empowered by the goovernment

common law

laws created throughout the court system by interpreting laws or settling disputes

criminal law

deals with breaches of duty to society; penalties are imprisonment or fines; prosecutor charges accused defendant

civil laws

deals with breaches of duty between parties; plaintiff is harmed party that can file a lawsuit against the accused party defendant

compensatory damages

intent of law to compensate plaintiff for damages incurred; relate the value lost by the plaintiff

punitive/exemplary damages

if the court finds an act to be outrageous, these are extra damages that can be pursued

statue of limitations

the law requires that certain wrongful acts must be proven within a stated period of time

arbitration

where an independent party, arbitrator, reviews the facts and makes a decision

court

a place, designated by the government, where it is decided if an illegal or wrongful act has occurred

judge

oversees and manages courts, sometimes decide guilt, sometimes juries decide guilt

juries

a group of citizens selected to decide guilt or innocence

jurisdiction

something the court has, power, to resolve a dispute

Federal court

deals with 1) disputes regarding federal laws or 2) disputes involving parties of multiple states (interstate issues) with an amount in controversy that exceeds $75,000; has multiple levels of courts: district court, court of appeals, US Supreme Court

district court

lowest level fed court, designated to hear low or special cases

court of appeals

if one does not like the ruling they have received, they can appeal it to the court of appeals and have it re-examined; second level in fed court system

the US Supreme Court

third and highest level of fed courts, can choose whether or not to rule on cases

state courts

deal with intrastate disputes not covered by federal law, each state has its own system; typically has inferior courts, trial courts and appellate courts

inferior courts

first level of state courts, judge hers the facts and makes a decision judgement

trial courts

second level of state courts, uses judges and juries to decide all disputes

appellate court

if either party does not agree with the judgement of inferior or trial courts, they can appeal to have it heard here; the higher version of this is the state supreme court

contract

when two or more parties enter into an agreement

expressed contract

when the details of the contract are explicitly lined out, ex: when buying a house

implied contract

when the circumstances and facts imply that a contract exists

statutes of frauds

statutes that clearly state what contract must be in writing to be enforceable in that particular state

property

an item of value that a person or business owns

real property

land and items attached to land

personal property

all property not classified as real property

tangible property

can be seen or touched, it physically exists

intangible property

all property that is not tangible

public property

owned by the govt

lease

agreement between owned of the property and another party where the owner gives the other party the right to use the property

lessor

owner

lessee

person renting property

eminent domain

govt can seize someone's land without their permission if they find it necessary to do so

tort

wrongful act that injures another person; battery, slander, invasion or property

fraud

an intentional tort where one intentionally misrepresents facts

negligence

unintentional torts where one does not take reasonable care in the conduct of its affairs

warranty

a seller's promise or guarantee regarding the property's quality and quantity; expressed when the seller explicitly makes statements to the buyer that become part of the transaction, implicit when it exists but is not explicitly stated

strict liability

holds a seller liable for damages incurred by the buyer or other parties when the product was unreasonably unsafe

Sherman Anti-Trust Act
Clayton Act
Robinson-Patman Act
Hart-Scott-Rodino Antitrust Improvements Act

acts intended to foster competition by preventing businesses or a business from restraining and thus controlling trade; in other words a business cannot do anything that inhibits competition > aka price fixing, monopoly power, and price discrimination

price fixing

when a company or group of companies works together to set prices instead of letting the market do it

monopoly

where one business controls the whole market

oligopoly

where a few firms control the market

price discrimination

when a business charges different customers different prices; law requires them to charge all people the same price unless they have a good reason not to do so

Equal Credit Opportunity Act

prohibits lenders from discriminating based on race, color, religion, sex, marital status, national origin or age

Fair Debt Collection Practices Act

prohibits lenders form using abusive collection tactics like harassment

Gramm-Leach-Bliley Act

protects a borrower's privacy

Fair Credit Reporting Act

ensures credit information is accurate

Consumer Product Safety Act (created the Consumer Protection Safety Commission, (CPSC))

laws that protect buyers from unsafe products, CPSC is a govt agency that sets product safety standards

Environmental Protection Agency (EPA)

responsible for administering the federal laws dealing with the environment, including air quality, water quality and waste disposal

Interstate Commerce Commission (ICC); Federal Food and Drug Administration (FDA). Federal Deposit Insurance Corporation (FDIC) and Federal Aviation Administration (FAA)

regulatory agencies created buy the govt to regulate selected industries or business relationships

indemnified

when an employee is indemnified, a business agrees to defend the employee for any wrong doing

fiduciary

one who is entrusted with responsibilities and expected to act in the business' best interest

Fair Labor Standards Act

requires employers to pay employees no less than minimum wage

debt/liabilities

borrowed money

owner's equity

owner's money

financial instruments

documents that represent debt and equity; called notes, bonds and loans

financial intermediary

middleman between the ultimate provider of the money (depositor) and the user of the money (loan customer)

capital market

where the provider of money lends money directly to the borrower and does not use an intermediary

commercial paper

a financial substitute for money, a promise to pay money in the future under certain conditions; can be negotiable (can be sold w out asking borrower) or non-negotiable (cannot be sold w out consent of borrower)

collateral

an asset used to guarantee a loan; "secures" a debt

surety

someone who cosigns a loan

public capital market

market where anyone can buy/sell a financial instrument

Securities and Exchange Commission (SEC)

regulates public where financial instruments are bought and sold, does so to ensure that market participants are well informed and the market is not being unfairly manipulated

insider trading

when someone buys or sells a financial instrument based on insider or preferential information

primary market

when a corporation sells stock, the business receives money and the buyer of the stock receives stock

secondary market

when a stockholder sells his or her stock to anyone other than the issuing company

bankruptcy

a regress for the honest debtor, governed by the us federal Bankruptcy Act

priority claims

when a business goes into bankruptcy, the first loan taken out is given priority and the second one is subordinated