Comprehensive commercial law

Comprehensive commercial law


Constitutional Law

 

·         defines the relationship of different entities within a state; U.S. Constitution

 

Common Law

 

·         the body of law that comes from decisions handed down by courts; often called unwritten law because it does not appear in any legislative enactment, treaty, or other written document

 

Statutory Law

 

·         includes state and federal constitutions, legislative enactments, treaties of the federal government, and ordinances (i.e. written law)

 

Administrative Law

 

·         governs the activities of administrative agencies of government; considered a branch of public law

 

Administrative Agencies

 

·         federal or state institutions and other government organizations created by Congress or state legislatures with power to create rules and regulations within their area of authority

 

Tort

 

·         a wrongful act that causes injury to another person's body, property, or reputation; although they are often noncriminal acts, courts can award victims compensation

 

Negligence

 

·         in tort law, describes behavior that causes unintentional harm or injury

 

Product Liability

 

·         holds businesses liable for harm that results from the production, design, or inadequate warnings of products they market.

 

Strict Product Liability

 

·         liability without regard to fault

 

Patent

 

·         a document that gives investors exclusive rights to their inventions for 20 years from the date they file the patent applications

 

Copyright

 

·         protects a creator's rights to materials such as books, articles, photos, paintings, and cartoons

 

Trademark

 

·         a legally protected name, symbol, or design (or combination) that identifies the goods or services of one seller and distinguishes them from those of competitors

 

Uniform Commercial Code (UCC)

 

·         a comprehensive commercial law that covers sales laws and other commercial laws

 

Warranty

 

·         guarantees that the product sold will be acceptable for the purpose of which the buyer intends to use it

 

Express Warranty

 

·         specific representations by sellers that buyers rely on regarding the goods they purchase

 

Implied Warranty.

 

·         legally imposed on the seller, who implies that a product will conform to the customary standards of the trade or industry in which it competes

 

Negotiable Instruments

 

·         forms of commercial paper that are transferable among businesses and individuals; they represent a promise to pay a specified amount

 

Contract

 

·         a legally enforceable agreement between two or more parties

 

Breach of Contract

 

·         occurs when one party fails to follow the terms of a contract

 

Consumerism

 

·         a social movement that seeks to increase and strengthen the rights and powers of buyers in relationship to sellers; it is the people's way of getting a fair share and equitable treatment in marketing exchanges

 

Sherman Act

 

·         forbids contracts, combinations, or conspiracies in restraint of trade and actual monopolies or attempts to monopolize any part of trade or commerce

 

The Federal Trade Commission Act of 1914

 

·         prohibits unfair methods of competition in commerce - false and deceptive advertising

 

Clayton Act

 

·         prohibits exclusive dealing, tying contracts, interlocking directorates, and buying large amounts of stock in competing corporations

 

The Robinson Patman Act of 1936

 

·         prohibits price discrimination and applies to both sellers and buyers who induce or receive price discrimination

 

Taxes

 

·         they way federal, state, and local governments raise money; affect almost every individual business in the U.S.

 

Bankruptcy

 

·         the legal process by which a person, business, or government entity unable to meet financial obligations is relieved of those debts by a court

 

Chapter 7

 

·         'stright bankruptcy' or liquidation

 

 

Chapter 11.

 

·         reorganization

 

Chapter 13

 

·         repayment

 

Deregulation

 

·         means that the government withdraws certain laws and regulations that seem to hinder competition

 

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