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| a voluntary act by the offerree that shows agreement to the terms of an offer |
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| a right held by one property owner to make use of the land of another for a limited purpose, as right of passage. |
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| The process of resolving a dispute through the court system |
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| Deals with interstate travel, privacy, voting and all first amendments. |
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| jududicial branch of one country will not examine the validity of public acts commited by a reconginized foreign gov. within its own territory. |
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| to appropriate fraudulently to one's own use, as money or property entrusted to one's care. |
A white-collar crime |
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limited liability company shareholders cannot be assessed for debts of the company beyond the sum they still have invested in the company. |
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| the power of the state to take private property for public use with payment of compensation to the owner. |
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Limited Liability Partnership partners have the right to manage the business directly, and (in many areas) a different level of tax liability than in a corporation. |
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| environmental impact statement |
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| Required for every major federal action that significantly impacts the environment. they must state environment, any adverse affects and iriversible impact. |
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| the open and exclusive occupation and use of someone else's real property without permission of the owner continuously for a period of years prescribed by law, thereafter giving title to the occupier-user. |
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| Age Discrimination in Employment Act |
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| employers cannot discriminate against a person because of there age. |
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| implies deliberation that results in solutions that may or may not be accepted by the contending parties. |
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| prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin |
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- performance
- loyalty
- obedience
- accounting
- notification
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Clean air act 1963 clean water act 1972 CERCLA |
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must be informed of rights EXCEPTION public saftey failure to inform conviction legalty of evidence
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Intentional- worongful act knowingly committed Unintentional- negligence, duty, breach, causation and damages |
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| Attempt to update pollution control |
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crime punishable to up to a year in prison minor crime ex- hit and run |
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the overall image of a product used in its marketing or sales that is composed of the nonfunctional elements of its design, packaging, or labeling (as colors, package shape, or symbols)
ex- menue and decor Trade dress is protected by the Trademark (Lanham) Act of 1946 |
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| property that is willed to someone who dies before the writer of the will |
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a secret process, technique, method, etc., used to advantage in a trade, business, profession, etc. ex- recipe |
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| principal leads a third party to believe that an agent has authority to bind the principal, even where the agent lacks the actual authority to bind the principal. In such circumstances, the law will hold the principal liable for the acts of the agent, out of fairness to the third party. There must be some act or some knowing omission on the part of the principal |
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14th amendment no state shall… deny to any person within its jurisdiction the equal protection of the laws." |
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any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. ex- golden arches |
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unintentional tort 1. was there a duty of care owed 2. Did the defendant breach a duty of care 3. did the plaintiff sufer recognizable injury 4. did the defendant breach cause the plaintiff injury |
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| where the third party decides for the two parties in dispute |
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what constitutes right and wrong to establish an eithical tone in the work place you can: create a code of conduct, compliance program, an moral minnimum. |
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| dispute setteled out of court between the two parties |
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| contract can be determined illegal if there has been undue influence |
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| a contract that requires the parties to resolve their disputes through an arbitration process. |
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very small damages awarded to show that the loss or harm suffered was technical rather than actual. The $1 award |
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| a one-sided agreement whereby you promise to do (or refrain from doing) something in return for a performance (not a promise) |
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reasonably believable threat type of intentional tort |
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a promise or commitment to perform - must be serious
- must be reasonable
- must be communicated
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ethical doctrine that conduct should be directed toward promoting the greatest happiness of the greatest number of persons. COST BENIFT ANAYLSIS |
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money you pay to your attorney usually fixed |
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| arise from an agreement expressed or implied between two or more people |
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The proper place to hold a trial one of the three things needed to for a court to try a case.....the other two are jurisdiction, and petition Civil case- where the defendant reesides Crimminal case- where the crime occured |
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before entering a contract making a wil or planning an estate family change (marriege, divorce) accident resulting in personal injury |
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| to take possession of, esp. for public use by the right of eminent domain, thus divesting the title of the private owner |
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the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years Aquired- filing an application duration- 20years remedy- royalties and lost profits plus attorneys fees-they can be tripled if it was intentional |
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| grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer). The guarantee is not limited to the time the grantor owned the property—it extends back to the property's origins. |
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unprivleged offensive touching of another type of intentional tort |
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| absolute ownership, on death the property descends to the owner's heirs |
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paying for injuries that are work related accidental- happened on the job intentional self inflicted- not covered injury while communting to work- not covered employee must notify e'er within 30 days acceptance of workers comp bars litigation for negligence |
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| a contract involving mutual promises (each party is both promisor and promisee) |
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| grantor places a condition on a fee simple estate (in the deed). Upon the happening of a specified event, the estate may become void or subject to annulment |
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authoritative rule or pattern in future similar or analogous cases. No precedent court can look at public policy and/or social customs |
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moral theory of law "what is right" humans discovers law through thought and prayer - based on reality
- same for all humans
- its an unchanging rule or pattern
- humans can giude themselves
- knowable moral law
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wrongful interference 3 elements |
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a vaild enforceable contract must exist between two parties a third party must know the contract exists a third party must intentionally cause either of the two parties to breach the contract |
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compensatory- covers direct losses and costs consequential- covers forseable losses puntive- punish and deter wrongdoing non punitive |
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capital - death first degree- life in prison second- ten years third- five years murder, rape, or robbery |
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| denotes evidence that (unless rebutted) would be sufficient to prove a particular proposition or fact. |
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| freedom of worship, of speech, of the press, of assembly, and of petition to the government for redress of grievances |
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Compensation- pay agreed value reimbursment- cooperation- help getting job done safe woking conditions |
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- minors persons under 18
- voidable at the option of the minor
- disafermance
- ratification
- mentally incopetant
- intoxication
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| a clause in a contract that says certain unforseable events- such as war, or acts of god- will excuse a party from liability for nonperformance |
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Kantian Ethics duty based individuals evalute actions in light of what everyone else would do |
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| Foreign Corrupt Practices Act |
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One basic provision of the FCPA is that it prohibits U.S. partnerships, companies, and organizations from not only giving payments but also offering or authorizing payments to foreign officials or political parties with the objective of encouraging or assuring business relationships. *Stop bribery* |
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| In real property the right to enter upon and remove things from the property of another |
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| exagerated claims or opinions |
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| designates the official language of interpertation |
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| desigantes the court, jurisdiction, or tribunal |
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| money damages that may be awarded to a plaintiff to punish the defendant and deter future conduct |
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| designates what law will govern |
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comparison shopping Questions: expiernce? rates? alternatives? documentation? *How will you keep me informed* |
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person (the "grantor") disclaims any interest the grantor might have in a piece of real property, and passes that claim to another person (the grantee). A quitclaim deed neither warrants nor professes that the grantor's claim is actually valid. *No promises* |
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computer contract "I Agree" |
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| looks at the past to discover what the principle of contemporary law should be |
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| A set limit on the amount of goods that can be imported |
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| one nation defers and gives effect to the laws and judicial decrees to another nation |
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| of an individual to make a legally binding contract on behalf of an organization, by way of uniform or interaction with the public on behalf of that organization. When a person is wearing a uniform or nametag bearing the logo or trademark of a business or organization; or if that person is functioning in an obviously authorized capacity on behalf of a business or organization, that person carries an Implied Authority of Contract. |
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| a court ordered correction of a written contract so that it refelects the true intentions of the parties |
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| A money award equivalent to the actual vlaue of the injuries or damages |
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| contract formed in whole or in part from the conduct of the parties |
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Quasi contract lmplied by the courts |
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| unmaking of a contract between the parties |
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foseable damages ex- loss of profits |
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withdraw by express statement or perfomance effective when recieved offers to public |
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needed in order to have a valid contract something of value |
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| insurance policy stating that the insurer cannot contest the policy after a stated period of time |
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Quid pro Quo- _in exchange for_ Hostile enviroment Same gender harrassment online harrassment |
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| wrongfully taking or retaining possession of an individuals personal property |
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| the period of life to the age of majority, 21 years at common law but now usually 18; minority; nonage |
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| terms are expressed in a document located inside a box of goods (usually software) |
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intellectual property applies exclusivley to works of art, literature and other works of authorship |
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in terms of contracts: gen. rule- viodable even if intoxication was voluntary Exception: when you understand the consequences |
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| legal thought that views the law as a tool for promoting justice in society |
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| rejects the original offer but offers a new deal |
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each party owns an undivided interest that passes to surving tenants at death "Last man Standing" |
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Advantages: - owner recieves all profits
- easiest and least expensive
- ultimate control
Disadvatages: - unlimited liability
- lacking continuity
- limited liability to raise capital
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| normally is not legal entity and is treated like a partnership |
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| immunizes foreign nations from the jurisdiction of the U.S courts |
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tort: defendandt sues and the assailient may have to pay for damdges crimes: The state prosecutes the assailent, and a court decides to either fine or send to jail |
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| the authority of a court to hear and decide a specific action |
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anything published or spoken that cause injury to anothers good name reputation or character slander- verbal liable- written |
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| equitable remedy requiring the performance that was specified in the contract |
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sufficient stake in the case justicable controversay |
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| a revocable right or privelage of a person to come onto another persons land |
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| judges follow precendants |
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selling goods in a foreign country for less than market price. US has laws against this |
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| an interest in land that only lasts for the duration of the persons life |
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| Forcing a party to take action based on fear, created by threats blackmail or extortion |
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States that certain contracts must be in writing |
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| estimation of damages that will occur in the event of a breach |
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| can be a basis for the discharge of a contract |
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