Term
| Secured Transactions Approach |
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Definition
1. Does Article 9 Apply?
2. collateral
3. Attached
4. Perfected
5. Priorities
6. Secured Party Rights |
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Term
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Definition
1. SJM
2. PJ
3. Process
4. Venue
5. Pleadings
6. Joinder
7. Trial Motions
8. Judgments
9. Finality and review |
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Term
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Definition
1. Law
2. Investigation
3. Rulemaking
4. Adjudication
5. Judicial Review |
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Term
| Administrative Law: Rulemaking |
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Definition
1. Legislative
2. Required versus adjudication
3. Informal = notice and comment
4. Formal = on the record after a hearing
5. OAPA |
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Term
| Administrative Law: Adjudication |
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Definition
1. Judicial
2. Right to hearing
3. Notice: time/place/nature
4. Exclusive record
5. Reliable, probative, and substantial evidence
6. Neutral decision maker
7. Written findings |
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Term
| Administrative Law: Judicial Review |
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Definition
1. Standing, Ripeness, Finality, Primary Jurisdiction
2. Substantial evidence
3. Arbitrary and Capricious
4. De novo for legal issues |
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Term
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Definition
1. Creation
2. Rights and Duties
3. Power
4. Contract Liability
5. Tort Liability |
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Term
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Definition
1. Consent
2. Capacity
3. Formalities
4. Modes
5. Terms |
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Term
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Definition
1. Fiduciary
2. Loyalty, Obedience Care
3. Compensation and cooperation
4. Agent remedies: contract or lien
5. Principal remedies: contract, tort, secret profits/accounting |
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Term
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Definition
1. Actual authority = reasonable belief, express or implied
2. Termination of actual authority
3. Apparent authority
4. Ratification |
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Term
| Agency: Contract Liability |
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Definition
1. TP v. Principal = principal
2. TP v. Agnet = disclosed or undisclosed
3. Agent/Principal v. TP |
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Term
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Definition
1. Employer-employee: right to control
2. Scope of employment
3. Intentional torts |
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