Gbl - Study guides, Class notes & Summaries

GBL 385 Exam 4 2024/5. (Answered) 70 Questions and Correct Answers. 100% Correct.

Which one of the following is NOT true of a criminal suit - One purpose of a criminal suit is compensation for the victim Penny is a "payday" lender charge with filing false claims in bankruptcy proceedings against her debtors. The standard approved to find a defendant has been charged with a crime guilty is - Beyond a reasonable doubt Slate, the president of Silly Financial Investments, Inc. (SFII), and Wilma, SFII's accountant, are charged with a crime, after the police search SFII's...

What is an Offer? - 1) opinions about future results, including professional opinions 2) statements of intention (including letters of intent which merely memorialize negotiations) 3) invitations to submit a bid 4) price estimates 5) advertisements, catalogs and mass mailings 6) auctions with reserve Characteristics of sole proprietorship - Unlimited personal liability for losses Management No formalities Net profits taxable to owner Can file fictitious business name (d/b/a) CORPORATI...

discovery: methods - interrogatories (set of written questions answered under oath),request production of documents (records, pictures), deposition (oral questioning of 3rd party witness under oath), request for admission, physical and mental examination checks and balances - built into the constitution to ensure that no one branch of the federal government becomes too powerful 3 different standards for reviewing equal protection cases - strict scrutiny test- applied to classifications bas...

What is a promissory estoppel - Ability to go to court and be made whole financially due to lack of completion of contract by a party under such types of contracts - Express - agreement made by words Implied in fact - agreement made by conduct Economic Damages - Compensation for monetary losses Sources of Contract law - Common law Restatement Uniform Commercial code Common law and contract law - in most jurisdictions, contract law is not codified, and thus the primary source of general ...

Intentional Torts - o Torts in which the defendant possessed the intent or purpose to inflict the resultant injury Jurisdiction - o A court's jurisdiction is set by law and limited by territory and type of case o Is the authority of a court to hear and decide cases o Courts settle disputes A private party v. government State v. United States Government Individual v. individual Civil Law - o Anything that is not criminal in nature o Proof needed: preponderance of the evidence o Governm...

Burden of Persuasion - to prove each and every element of a crime beyond a reasonable doubt. What can Courts decide? - actual disputes, not settle theoretical questions -disputes must be brought to court by parties to it -court cannot initiate the case in the us 10th Amendment - Powers Reserved to the States Federal Courts - Courts that hear disputes about laws that apply to the entire United States Commerce Clause - The clause in the Constitution (Article I, Section 8, Clause 1) that give...

GBL 385 Exam 1(Answered) Questions and Correct Answers, 100% Correct. 2024/2025.

criminal law - statutory civil law - statutory and case made types of legal liability - (1) STATUTORY LIABILITY (2) *CONTRACT LIABILITY* (3) TORT LIABILITY what is a contract - A contract Is a Legally Enforceable Agreement (offer and Acceptance) Voluntarily Entered Into between two (or more) Competent Parties, to Do or Not to Do something that is Possible to Be Done, that is Not Unlawful, and that is supported by Consideration. contract requires - A validly formed contract must...

Uniform Commercial Code - Nationwide code that seeks standardize commercial transactions into a single, cohesive unit Contract elements - agreement, consideration, capacity, legality Liquidated Damages - An amount, stipulated in the contract, that the parties to a contract believe to be a reasonable estimation of the damages that will occur in the event of a breach. 2 parts to see if liquidated damages will be enforced. Upon entering the contract, was it apparent that the damages would be ...