Business Law Quiz Ii

Burglary – Breaking and entering a house or other structure to commit a felony
what is a lien – a possessory security, giving the agent a right to retain possession of the principal's property until payment is made.
Partnership by Estoppel – A judicially created partnership that may, at the court's discretion, be imposed for purposes of fairness. The court can prevent those who present themselves as partners (but who are not) from escaping liability if a third person relies on an alleged partnership in good faith and is harmed as a result.
Strict Performance – Requires 1 partt to perform its obligations precisely, with no deviation form the contract terms
Recognizance – Obligation entered into before a court to do some act. Also called a contract of record.
When agency of necessity arises, is the principal bound to third parties who have dealt with the agent of necessity? – yes
slander per se – slander involving false statements about sexual behavior, crimes, contagious diseases, and professional abilities
Utilitarianism – The assignment of value to actions based upon their outcome. Defines the ultimate good as actions to bring about the greatest utility (or greatest good) for the greatest number of people.
A[n] ______ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint, and the plaintiff's complaint alleges facts that would support such a judgment.
If the accused pleads not guilty during the arraignment, the case proceeds to __________. – trial
cosign – Signing an agreement to repay the debt if the borrower doesn't pay.
administrative agencies – legislative, executive, judicial
Substantive Law – consists of all laws that define, describe, regulate and create legal rights and obligations.
What is effect on UCC implied warranties if the buyer inspects goods before sale? – Warranties may be excluded or modified.
A[n] ______ is а judgment in fаvоr оf the plаintiff that оccurs when the defendant fails to answer the complaint, and the plaintiff's complaint alleges facts that would support such a judgment.
Delegated powers – ○ Powers expressly granted to the national government by the Constitution
Motion to dismiss – asking the court to dismiss the case for the reasons stated in the motion
Exclusionary Rule – under the Fourth Amendment, as interpreted by the courts, evidence that has been gathered in violation of the search-and-seizure rules cannot be used against a defendant at trial

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