Term
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Definition
| Alcohol, Tobacco, and Firearms |
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Definition
| Consumer Product Safety Board |
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Definition
| Equal Employment Opportunity Commission |
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Definition
| Environmental Protection Agency |
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Definition
| Federal Aviation Administration |
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Definition
| Federal Communications Commission |
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Definition
| Food and Drug Administration |
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Definition
| Federal Depositors Insurance Corporation |
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| Federal Emergency Management Agency |
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Definition
| Federal Housing Authority |
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| Housing and Urban Development |
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Definition
| Interstate Commerce Commission |
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Definition
| Immigration and Naturalization Services |
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Definition
| Internal Revenue Services |
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Definition
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Definition
| National Aeronautics and Space Agency |
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Definition
| National Highway Traffic Safety Administration |
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Definition
| National Labor Relations Board |
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Definition
| Nuclear Regulatory Commission |
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Definition
| National Transportation and Safety Board |
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Definition
| Occupational Safety and Health Administration |
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Definition
| Public Utilities Commission |
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Definition
| Small Business Administration |
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Definition
| Securities and Exchange Commission |
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Term
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Definition
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Term
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Definition
| Powers possessed by the state to adopt laws to protect the general welfare, health, safety, and morals of the people. |
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Term
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Definition
| Strict constructionist or originalist view, the purpose of the constitution is to state certain fundamental principles for all time. |
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Term
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Definition
| Constitution is merely a statement of goals and objectives and is intended to grow and change. |
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Term
| Clayton Act and Robinson-Patman Act |
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Definition
| Prohibit price discrimination |
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Term
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Definition
| When a seller sells the same item to different buyers for different prices. |
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Term
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Definition
| Controls anticompetitive behavior. |
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Term
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Definition
| The ability to control price and exclude competitors. |
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Term
| Administrative Procedure Act |
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Definition
Public access to administrative agencies comes through:
- Open Records
- Open meetings
- Public announcement of agency guidelines.
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Term
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Definition
| Provides that proposed administrative regulation be published in the Federal Register. |
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Term
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Definition
| The country's law that will govern should a dispute arise between parties of an international contract. |
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Term
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Definition
| Takes title to goods and bears the financial and commercial risks for the subsequent sale. |
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Term
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Definition
| Involves the transfer of technology rights in a product so that it may be produced by a different business organization in a foreign country in exchange for royalties and other payments as agreed. |
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Term
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Definition
| Involves granting permission to use a trademark, trade name, or copyright under specific conditions. Form of licensing very common in international business. |
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Term
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Definition
| Two firms agree to perform different functions for a common result. |
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Term
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Definition
| Violated by importing or selling counterfeit goods. |
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Term
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Definition
| A principle of international law, that means that the laws of all nations deserve the respect legitimately demanded by equal participants in international affairs. |
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Term
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Definition
| Confidentiality laws applied to home-country laws. |
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Term
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Definition
| Prohibit the disclosure, copying, inspection, or removal of documents located in the enacting country of compliance with orders from a foreign country. |
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Term
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Definition
| An import of export duty or tax placed on goods as they move into or out of a country. |
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Term
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Definition
| Selling goods in another country at less than their fair value. |
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Term
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Definition
| An act that is prohibited and punished by a government. |
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Term
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Definition
| Offenses punishable by less than one year in prison. |
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Term
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Definition
| Punishable by confinement in prison for more than one year. |
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Term
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Definition
| Enacted in response to corporate fraud. |
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Term
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Definition
| When a public official makes an illegal demand. |
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Term
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Definition
| A nonofficial commits blackmail by making demands that would be extortion if made by a public official. |
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Term
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Definition
| Knowingly giving a false testimony in a judicial proceeding after having been sworn to tell the truth. |
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Term
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Definition
| The fraudulent conversion of another's property or money by a person to whom it has been entrusted. |
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Term
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Definition
| The wrongful or fraudulent taking of the personal property of another by any person with fraudulent intent. |
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Term
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Definition
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Term
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Definition
| Prevents compelling a personal to be a witness against himself. |
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Term
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Definition
| Miranda v. Arizona. Certain warnings that must be given to persons who face custodial interrogation for the purposes of possible criminal proceedings. |
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Term
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Definition
| Due process. A speedy trial. |
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Term
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Definition
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Term
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Definition
- Duty
- Breach of Duty
- Injury
- Foreseeability
- Proximate Cause (Direct Connection)
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Term
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Definition
- Intentional Torts- those that occur when wrongdoers engage in intentional conduct.
- Negligence- careless actions, or actions taken without thinking through their consequences.
- Strict Liability- imposes liability without regard to whether there was any intent to harm or any negligence occurs.
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Term
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Definition
| Assault and Battery, Intentional Infliction of Emotional Distress, Invasion of Privacy, Defamation (slander-oral, libel- written), Trespass, Product Disparagement. |
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Term
Contributory vs. Comparative Negligence
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Definition
Contributory- plaintiff contributes to negligence by utilizing the exercise of reasonable care of his or her safety, breach of duty, causation, and harm.
Comparative- defense that permits a negligent to recover some damages but only in proportion to the defendant's degree of fault. |
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Term
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Definition
| An absolute standard of liability by the law in circumstances the courts or legislatures have determined require a high degree of protection. |
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Term
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Definition
| Any word, name, symbol, device, or combination of these used to identify a product or service. |
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Term
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Definition
| Identifies a service, such as an airline or dry cleaner. |
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Term
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Definition
- Coined or fanciful
- Arbitrary
- Suggestive
- Descriptive
- Generic
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Term
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Definition
| Copyright is extended until 70 years after the death of the creator. |
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Term
| Acquired Distinctiveness or Secondary Meaning |
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Definition
| When a descriptive phrase becomes associated with a single commercial source. Ex: SPORTS ILLUSTRATED |
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Definition
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Term
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Definition
- Constitution
- Statutory Law
- Administrative Regulations
- Private Law
- Common Law
- Case Law
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Term
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Definition
| Every type of court is given the authority to decide certain types or classes of cases. This is the power to hear cases. |
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Term
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Definition
| Branch of philosophy dealing with values that relate to the nature of human conduct and values associated with that conduct. |
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Term
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Definition
| A legally binding agreement. |
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Term
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Definition
- An agreement
- made between competent parties
- based on the genuine assent of the parties that is
- supported by consideration
- made for lawful objectives
- in the form required by law, if any.
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Term
Express and Implied Contracts
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Definition
| Express- one in which the terms of the agreements of the parties are manifested be their words, whether spoken or written. |
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Term
| Valid, Voidable contract, and Void Agreement |
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Definition
Valid- agreement that is binding and enforceable.
Voidable- agreement that is otherwise binding and enforceable, but may be rejected by one of the parties.
Void agreement- without legal effect. |
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Term
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Definition
| Ads are not offers! They are INVITATIONS TO NEGOTIATE!! |
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Term
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Definition
- Revocation
- Counteroffer
- Rejection
- Lapse of Time
- Death of Disability
- Subsequent Illegality
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Term
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Definition
| The ability to understand that a contract is being made and to understand its general meaning. *Minors lack this! |
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Term
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Definition
| The making of material misrepresentation of fact with knowledge of its falsity or reckless indifference to its truth, the intent that the listener rely on it, the result that the listener does rely on it, and the consequence that the listener is harmed. |
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Term
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Definition
| Law presumes that the dominating person exerts undue influence on the other person whenever the dominating person obtains any benefit from a contract made with the dominated person. |
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Term
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Definition
| When there is such violence or a threat of violence that the person is deprived of free will and makes the contract to avoid harm. |
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Term
| No consideration, No Contract |
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Definition
| If someone pays too much for something, courts do not get involved in the adequacy of consideration. |
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Term
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Definition
| Prize, chance, and consideration |
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Term
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Definition
| Charging a higher interest rate than state law allows. |
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Term
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Definition
| Contracts that are illegal, contrary to public policy, or unconscionable will not be enforced by a court. |
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Term
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Definition
| Transfer of contractual rights to a third party. |
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Term
Action for Special Performance
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Definition
| Unique item sale--seller backs down--specific performs! |
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