Term
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Definition
| Principals and Rules that govern relationships btw people and people and their society as promulgated by an authority |
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Term
| Natural Law vs Positivist School |
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Definition
| Natural are morally historical. Positivists are more literal. Naturalists undercut predictability of law. |
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Term
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Definition
| The study of what constitutes right and wrong. |
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Term
| Primary Sources of American Law |
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Definition
| 1. Constitution (state constitutions) 2. Statutory law 3. Administrative Agencies 4. Case law & Common law |
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Term
| How many amendments in Constitution? |
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Definition
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Term
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Definition
| Laws enacted by legislative bodies (codes and ordinances) |
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Term
| What is case law and common law |
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Definition
| Judge-made law. (Rules of law announced in court decisions) |
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Term
| Remedies at Law vs Remedies in Equity |
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Definition
| RL: Rewards in compensation RE: remedy when there is no ADEQUATE remedy... (like an injunction) |
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Term
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Definition
| law based on precedence. Makes law more stable and predictable. |
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Term
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Definition
| IRAC Issue, Rule, Application, Conclusion |
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Term
| What's the Statue of Limitation for Contract Law, Tort Law, Defamation? |
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Definition
| CL: 4 years Tort: 2 years Def: 1 year |
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Term
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Definition
| Substance vs Procedural & Civil vs Criminal |
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Term
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Definition
| When a court exercises personal jurisdiction over out-of-state defendants, based on in state activities |
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Term
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Definition
| State courts that handle only matters of transfer of assets and obligations (Will/guardianship) |
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Term
| Federal Courts have exclusive Jurisdiction over what? |
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Definition
| Bankruptcy, copyright claims, and federal crimes. |
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Term
| State courts have exclusive jurisdiction over what? |
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Definition
| divorce and adoption cases |
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Term
| Sliding scale standard, does jurisdiction apply? |
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Definition
| 1. Substantial business conducted (applies) 2. some interactivity (maybe) 3. Passive Advertising (no) |
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Term
| Two types of questions in every trial |
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Definition
| Question of Law & Question of Fact |
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Term
| Alternative Dispute Resolution methods |
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Definition
| Arbitration & Mediation (Resolving issues without litigation) |
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Term
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Definition
| Pre-Trial, Trial and Post-Trial |
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Term
| Motion for summary judgement |
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Definition
| A judgement made prior to going to trial |
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Term
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Definition
| The jury selection process |
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Term
| What is privileges and immunity clause? |
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Definition
| law preventing states from imposing unreasonable burdens on citizens of other states |
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Term
| What is full faith and credit clause? |
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Definition
| ensures decisions will be honored and enforced in all states. Applies only to civil matters. |
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Term
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Definition
| Gives Federal Govt power to regulate interstate commerce |
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Term
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Definition
| First 10 amendments to US Constitution to protect rights of individuals from Federal Govt. |
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Term
| Commercial Speech is somewhat restricted? True or False? |
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Definition
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Term
| What is the Due Process Clause |
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Definition
| States that no person shall be deprived of life, liberty or property without due process of law |
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Term
| Which amendment allows an individual not to incriminate himself in a court of law? |
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Definition
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Term
| Six Guidelines employees should follow regarding ethics. |
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Definition
| 1. The law 2. Rules & Procedures 3. Values 4. Conscience 5. Promises 6.Heros |
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Term
| Foreign Corrupt Practices Act |
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Definition
| In international business, US companies can not bribe to secure contracts (only to speed up process) |
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Term
| Deposition & Interrogatories |
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Definition
| sworn testimony by witness & written answers signed under oath (directed to party) (Parts of Discovery Process) |
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Term
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Definition
| States US constitution is the supreme law of the land |
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Term
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Definition
| Officer needs trustworthy evidence that would convince a reasonable person that it's justified. |
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Term
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Definition
| civil law designed to compensate those who have suffered a loss or injury due to another's wrongful act that law provides a remedy. |
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Term
| Two questions in torts that always needs to be asked? |
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Definition
| What interests are being protected? What is the duty? |
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Term
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Definition
| intentional wrongs against property and persons |
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Term
| What are nonintentional torts? |
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Definition
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Term
| What are the 6 Intentional Torts? |
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Definition
| 1. Assult & Battery 2. Defamation 3.Invasion of Privacy 4. Fraud 5. Intentional Infliction of Emotional Distress 6. False imprisonment |
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Term
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Definition
| when there's gross negligence, damages awarded to punish the wrongdoer and deter others from similar wrongdoing. |
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Term
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Definition
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Term
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Definition
| wrongfully hurting a person's good reputation. |
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Term
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Definition
| making false statement of fact in writing vs making false statement of fact orally. |
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Term
| Special vs General damages |
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Definition
special for slander vs general for libel Special is specific damages.
General damages are harms that are difficult to measure (pain & sufferings). |
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Term
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Definition
| 1. loathsome disease, 2. committed ethical crimes. 3. imprisoned 4.sexual misconduct. |
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Term
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Definition
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Term
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Definition
a statement made with reckless disregard to the truth.
(How public figures can sue for defamation) |
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Term
| What qualifies as Invasion of Privacy |
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Definition
| 1. Appropriation (using a persons identity) 2. Intrusion into personal affairs 3. False Light 4. Public disclosure of private facts |
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Term
| What is the definition of Fraud |
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Definition
| An intentional misrepresentation of material fact. Which needs reasonable reliance and damages. |
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Term
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Definition
| wrongful interference with a contractual and business relationship. |
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Term
| Predatory vs competitive practices |
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Definition
| Predatory are actions with the intention of unlawfully driving competitors out of the market. |
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Term
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Definition
| Deprives owner of use of their property. |
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Term
| Does the communication act predate or postdate the DMCA? |
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Definition
| PREDATES. it precedes it. |
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Term
| What do you need for Negligence? |
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Definition
| 1. duty of care 2. breach of duty of care 3. causation 4. damages |
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Term
| Forseeability is an element of what act of negligence? |
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Definition
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Term
| What is the duty of landowner? |
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Definition
| They must exercise reasonable care for people coming onto the land |
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Term
| What is the Reasonable Person Standard? |
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Definition
| Tort law measures duty by it; It's society's judgement of how an ordinary person SHOULD act. |
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Term
| What is Duty of Professionals? |
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Definition
| If you're an expert you have "heightened" sense of responsibility. |
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Term
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Definition
| when duty of care is breached & someone is injured, the wrongful act had to have caused the harm. |
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Term
| What are the 2 questions when defining Causation? |
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Definition
| Is there a causation of fact AND was the act the proximate cause of the injury |
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Term
| What is causation in fact? |
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Definition
| but for the wrongful act the injury would not have occurred. |
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Term
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Definition
| When the connection btw an act & injury is strong enough to impose liability. |
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Term
| what are the two elements of Assumption of risk? |
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Definition
| Knowledge of the risk, and the voluntary assumption. |
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Term
| What is comparative negligence? |
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Definition
| When liability damages are compared between the two party. |
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Term
| What is Res ipsa loquitur? |
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Definition
| The facts speak for themselves (usually in medical malpractice) |
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Term
| Gross negligence leads to what? |
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Definition
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Term
| What is Danger Invites Rescue? |
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Definition
| anyone injured going to someone's rescue can sue the person responsible for the dangerous situation. |
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Term
| What are good samaritan statues? |
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Definition
| You can't sue professionals offering aid in an emergency |
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Term
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Definition
| Bartenders can be liable for injuries by patrons who get intoxicating. |
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Term
| What is Strict Liability? |
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Definition
| liability without fault. Related to product liability |
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Term
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Definition
| Wrong against society proclaimed from a statue that's punishable by fine, imprisonment or death. |
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Term
| Civil law vs Criminal Law key differences |
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Definition
| With criminal law: State brings suit. Wrongful act violates statue. Needs to be beyond reasonable doubt, unanimous. Punishment can be death. |
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Term
| Preponderance of evidence is what? |
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Definition
| for civil cases. based on evidence presented, it is more likely than not that the allegation is true. |
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Term
| Difference between felony and misdemeanor? |
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Definition
| If you can be imprisoned for more than a year, it's a felony. (up to a year is a misdemeanor) |
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Term
| What does every crime need? (Criminal Liability) |
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Definition
| Wrongful act AND intent... BOTH together in time and space |
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Term
| What is corporate officer doctrine? |
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Definition
| means a court can hold an officer liable even if he/she did not participate, direct or know about the violation |
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Term
|
Definition
| stealing with force or fear |
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Term
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Definition
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Term
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Definition
| theft (without force or fear) |
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Term
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Definition
| stealing without taking possession. (involves a level of trust) |
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Term
| When are you breaking the law with Bribery? |
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Definition
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Term
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Definition
| individuals who obtain inside information with no duty to disclose the information |
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Term
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Definition
Act congress passed to curb organized crime.
Racketeer Influenced and Corrupt Organization |
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Term
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Definition
| Infancy, intoxication, duress, consent, justifiable use of force, necessity, entrapment. (Defenses have to negate intent) |
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Term
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Definition
| defense for crime. when police entice a person to commit a crime to later prosecute them. |
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Term
| What is exclusionary rule? |
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Definition
| Evidence obtained illegally obtained is not admissible at trial |
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Term
| What is the purpose of the Miranda Rights |
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Definition
| to prevent self-incrimination without consulation |
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Term
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Definition
| when there is substantial likelihood that a person has committed or is about to commit a crime. |
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Term
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Definition
| legally binding agreement btw 2 parties that will allow for a legal remedy. |
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Term
| What is the policy of a contract? |
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Definition
| To promote commercial consistency. |
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Term
| What are the Elements of a contract? |
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Definition
| 1. Agreement 2. Consideration 3. Contractual Capacity 4. Legality |
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Term
| Bilateral vs Unilateral contracts |
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Definition
| promise for a promise vs promise for an act |
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Term
|
Definition
| when it's reasonably assumed the service will require payment |
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Term
| What is a Quasi Contract? |
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Definition
| Fictional contract created by the court to prevent unjust enrichment |
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Term
|
Definition
| transactions btw merchants or sale of goods over 500 |
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Term
|
Definition
| As much as he/she deserves |
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Term
| Rules of Interpretation #7 |
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Definition
| If there is ambiguous language, the party writing it is responsible. |
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Term
| What are the requirements of an offer? |
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Definition
| 1. Must have serious intention to be bound by offer 2. Terms must be definite (or reasonably certain) 3. Must be communicated to the offeree |
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Term
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Definition
| 1. identification of parties 2. identification of object or subject 3. Consideration be paid 4. time of delivery, payment or performance |
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Term
|
Definition
| An offeror's act of withdrawing an offer |
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Term
|
Definition
| an irrevocable contract that an offeror holds an offer open for a period of time for a payment |
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Term
|
Definition
| when offeree relies on an offer to his detriment (making the offer irrevocable) |
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Term
|
Definition
| bar, impede or preclude somebody from doing something |
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Term
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Definition
| Agreement has to mirror the offer at 100 percent |
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Term
| When can silence be an acceptance of an offer? |
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Definition
| When offeree takes benefit of service w/ opportunity to reject. And when offeree has prior dealings |
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Term
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Definition
| Acceptance becomes valid when it is dispatched. However, Revocation must be RECEIVED. |
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Term
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Definition
| Anything of legal value passing btw 2 parties. (separates a promise from a contract) |
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Term
| What are the 2 elements of consideration? |
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Definition
| 1. legally sufficient in value AND a bargained for exchange. |
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Term
|
Definition
| When giving up an action that one has a legal right to undertake |
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Term
|
Definition
| just because the word consideration is the agreement doesn't mean there IS consideration |
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Term
| Adequacy of consideration |
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Definition
| courts will generally not enforce the contract if there is a gross disparity in consideration. |
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Term
|
Definition
| unmaking of a contract to return parties to the positions they occupied before the contract was made |
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Term
|
Definition
| you can bargin for something to take place now or in the future but not for something already taken place |
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Term
|
Definition
A promise that has uncertainty of performance.
Unspecific promise |
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Term
|
Definition
| a misunderstanding of original contract, followed by a mutual agreement. |
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Term
| liquidated vs Unliquidated debts |
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Definition
| debt has been ascertained vs differing from amount owed |
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Term
| What is contractual capacity? |
|
Definition
| the legal ability to enter into a contract. |
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Term
| Emancipation vs disaffirmance |
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Definition
| you can petition court to relinquish legal guardianship for contract vs minors right to throw out contract |
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Term
| When can you enforce a contract against a minor? |
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Definition
| emancipation or necessity |
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Term
|
Definition
| accepting and giving legal force to an obligation that was previously unenforceable. |
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Term
| When are parents liable for their children's torts? |
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Definition
| when parents are negligent |
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Term
|
Definition
| lender who charge interest rates over maximum allowed |
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Term
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Definition
| Traditionally is a contract contrary to public policy, legal when reasonable |
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Term
| What is an adhesion contract? |
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Definition
| A contract with a large disparity due to one party offering a "take-it-or-leave-basis" |
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Term
| What is an exculpatory clause? |
|
Definition
| a clause that releases a party from liability no matter who is at fault. This is not enforceable. |
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Term
| unilateral vs bilateral mistakes |
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Definition
| one side makes mistake (still enforcable) vs both makes mistake and contract is voidable |
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Term
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Definition
| A mistake in value does not make the contract not enforceable (It is still enforceable) |
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Term
| What are the elements of fraudulent misrepresentation |
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Definition
1. intentional misrepresentation of material fact
2. Intent to deceive 3.innocent party must justifiably rely on the misrepresentation |
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Term
| Misrepresentation by silence |
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Definition
| with contract law you can be silence, but under consumer law YOU MUST DISCLOSE. |
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Term
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Definition
| (basically duress) one party overcomes the other's free will, thus voiding the contract. |
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Term
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Definition
| a relationship that involves the highest level of trust and confidence in which the person having the duty acts primarily for the benefit of another. |
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Term
|
Definition
5 elements that must be in writing for a contract to be enforceable.
1. marital considerations
2. land
3. sale of goods over $500
4. in a guarantor situation
5. contracts that can’t be performed in 1 year |
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Term
|
Definition
| A contract must be in writing that takes more than one year to be performed |
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Term
|
Definition
| Code that applies consistency to commerce. |
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Term
|
Definition
| when court finds parties entered into written contract to be complete & final, then either party cannot present parol evidence |
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Term
| Types of Damages in contracts |
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Definition
1.Compensatory (direct losses & costs)
2. Consequential (indirect & foreseeable losses)
3. Punitive (punish & deter wrongdoing)
4. Nominal (recognize wrongdoing when no monetary loss is shown) |
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Term
|
Definition
| Foundation of employment and corporate law. Agent represents Principal. |
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Term
| Why do we have Agency Law? |
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Definition
| Businesses need to be represented by more than one person at one time. |
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Term
| 7 Protected classes of Employment Law |
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Definition
DANGRRC
Disability, age, national orgin, gender, race, religion, color |
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Term
| What are the 4 Authorities of the Agent |
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Definition
| Express, Implied, Apparent (3rd person believes agent is authorized), Unauthorized. |
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Term
|
Definition
| (on it's face) means plaintiff has met initial burden of proof, & wins in absence of a legally acceptable employer defense. |
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Term
| Global Issues for Business Organizations |
|
Definition
1. Liability
2. Control
3. Formation / Dissolution
4. Nature
5. Tax consideration
6. Advantages |
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Term
|
Definition
| Advantages: keep $ & unlimited control. No formal documentation. No double taxation. Disadvantage: Not legal entity. Unlimited Liability, limited abilities to raise capital. |
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Term
|
Definition
| Lease (licensing) of a trademark for the selling of good or services |
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Term
| Franchise Advantages & Disadvantages |
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Definition
| Advantages: turn key operation, Franchisors have NO FADUCIARY responsibilities. Disadvantage: profit sharing, no control. |
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Term
| Partnership Advantages & Disadvantages |
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Definition
| Advantages: Disadvantages: Unlimited Liability, sharing profits and losses, joint ownership, |
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Term
| What do you need for a partnership? |
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Definition
| 1.SHARING of profits AND Losses. 2. Joint ownership 3. equal right to participate in the mgmt of business |
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Term
|
Definition
| governs operation of partnerships (when there is no expressed contract/agreement) |
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Term
| Define Joint and several liability |
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Definition
| 3rd party can sue all partners or one or more seperately |
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Term
| Limited Liability Partnership |
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Definition
| limits personal liability & allows them to be a pass-through entity for tax purposes. |
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Term
|
Definition
| Has one general partner (management responsibilities) and one or more limited partner (contributes cash/no mgmt responsibilites...) |
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Term
| LLC (Limited Liability Company) |
|
Definition
| Advantages: Tax flexibility of partnership (avoid double taxation) and limited liability of corporation (generally can only lose amount of investment). |
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Term
|
Definition
| Articles of organization filed with secretary of state, name/address/contact info |
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Term
|
Definition
|
|
Term
|
Definition
| 1. Must be domestic. 2. must not be a member of affiliated group of corp. 3. Shareholders must be individuals 4. No more than 100 shareholders. 5. must have only 1 class of stock. 6. Shareholder can't be alien. |
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Term
|
Definition
| owned by family or small # of individuals, not traded publicly, given flexibility in rules of operation. Can operated w/out directors, bylaws, etc. |
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Term
|
Definition
| requires regulated party to use all administrative remedies prior to court |
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Term
| Freedom of Information Act |
|
Definition
| Requires Feds to disclose certain records to any person or entity after written request |
|
|
Term
| what is "Truth in Lending" |
|
Definition
| This is a disclosure law, and tells you how much you’re borrowing |
|
|
Term
| What is Govt in the sunshine act? |
|
Definition
| requires every portion of every meeting of an agency to be open to public observation |
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|
Term
| 5 exceptions to parol evidence rule |
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Definition
| 1. contracts subsequently modified. 2. Voidable contracts. 3. contracts with ambiguous terms 4. incomplete contracts 5. prior dealings |
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|
Term
| 4 methods of Agency Formation |
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Definition
| 1. agreement 2. ratification 3.estoppel 4 operation of law |
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|
Term
| Agents duties to the principal |
|
Definition
Performance
Degree of skill required
Gratuitous agents
Notification
Loyalty
Obedience
Accouting |
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|
Term
| Principal's duties to agent |
|
Definition
Compensation
Reimbursement and Indemnification
Cooperation
Safe Working Conditions |
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|
Term
| Agent's remedies to principal |
|
Definition
tort and contract remedies
demand for accounting
no right to specific performance |
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|
Term
| Principals rights/remedies against agents |
|
Definition
Constructive trust
Avoidance
Indemnification |
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|
Term
| Bona fide occupational qualifications (BFOQ) |
|
Definition
| defense to discrimination. Not for race, color or national origin, but gender (Hooters waitress/stripper) |
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|
Term
| Defenses to Discrimination |
|
Definition
| Business Necessity, BFOQ, Seniority Systems, After-Acquired evidence of employee misconduct |
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|
Term
| What is Specific Performance |
|
Definition
| performance of the contract according to its precises terms |
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