Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| law enforced by government agency |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| private party regulations |
|
|
Term
|
Definition
| rules of courts and legal system |
|
|
Term
|
Definition
| a case in which there has been a final judgment and is no longer subject to appeal |
|
|
Term
|
Definition
| grant of jurisdiction to local courts over foreign defendants |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| judgment in favor of the plaintiff when the defendant has not responded to a summons or complaint. |
|
|
Term
|
Definition
| the power of a court to require that a party (usually the defendant) or a witness come before the court. |
|
|
Term
|
Definition
| empowers the United States Congress "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." |
|
|
Term
| full faith and credit clause |
|
Definition
| addresses the duties states have to respect and enforce the judicial rulings of other states. |
|
|
Term
|
Definition
| fair price for eminent domain rulings. |
|
|
Term
| regulatory flexibility act |
|
Definition
| effort by the federal government to balance the social goals of federal regulations with the needs and capabilities of small businesses. |
|
|
Term
| enforceability of anti-trust laws outside U.S. |
|
Definition
| must be shown that the alleged violation had a substantial impact on U.S. commerce. |
|
|
Term
|
Definition
| products bought where available cheaply, often at retail but sometimes at wholesale, imported legally to target market and sold at a profit below the normal market price. |
|
|
Term
|
Definition
| requirement that certain kinds of contracts be made in writing and signed; e.g. marriage. |
|
|
Term
| bona fide occupational qualification |
|
Definition
| a quality or and attribute that employers are allowed to consider when making decisions on the hiring and retention of employees; e.g. mandatory retirement ages for bus drivers and airline pilots, for safety reasons. |
|
|
Term
|
Definition
| maximum period of time, after certain events, that legal proceedings based on those events may be initiated. |
|
|
Term
|
Definition
| law or procedure that directly violates constitution. |
|
|
Term
|
Definition
| Established through separate statutes passed by the U.S. Congress, e.g. CIA. These agency rules (or regulations), while in force, have the power of federal law. |
|
|
Term
|
Definition
| beyond the scope of agency involved |
|
|
Term
|
Definition
| agency decision without basis in fact |
|
|
Term
| public comment to prposed regulations |
|
Definition
| 30 day period given to comment on on agency regulations |
|
|
Term
|
Definition
| no formal hearings during agency rulemaking |
|
|
Term
|
Definition
| limited hearings by agency during rulemaking |
|
|
Term
| administrative agency ruling |
|
Definition
| typically results in fines and injunctions |
|
|
Term
|
Definition
| based on treaties, conventions, and customs |
|
|
Term
|
Definition
| a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation. |
|
|
Term
|
Definition
| General Agreement on Tariffs and Trade (international) |
|
|
Term
| Foreign Sovereign Immunities Act |
|
Definition
| sets the limitations on how a foreign sovereign nation (or its agents, instrumentalities, or subdivisions) may be sued in U.S. courts. |
|
|
Term
| preponderance of evidence |
|
Definition
| the level of proof required in a legal action to discharge the burden of proof. used in civil trials. much lower then "beyond a reasonable doubt." |
|
|
Term
|
Definition
| one party agrees to supply as much of a good or service as is required by the other party |
|
|
Term
|
Definition
|
|
Term
|
Definition
| a uniform act for the governance of business partnerships by U.S. States. |
|
|
Term
|
Definition
| a state law in the United States that regulates the offering and sale of securities to protect the public from fraud. |
|
|
Term
|
Definition
| enacted to remedy deficiencies in antitrust law created under the Sherman Antitrust Act |
|
|
Term
|
Definition
| the first United States federal government action to limit monopolies |
|
|
Term
|
Definition
| the first United States federal government action to limit monopolies |
|
|
Term
|
Definition
| paid to compensate the claimant for loss/injury/harm suffered by reason of another's breach of duty. |
|
|
Term
|
Definition
| damages awarded to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. |
|
|
Term
|
Definition
| a legal substitute for a contract. A quasi-contract is a contract that should have been formed, even though in actuality it was not. |
|
|
Term
|
Definition
| If the offeree rejects the offer (via counter offer), the offer has been destroyed and cannot be accepted at a future time |
|
|
Term
|
Definition
Adverse possession requires three elements in regards to the possession of the property:
physical (actual, visible, notorious, exclusive)
mental (hostile)
temporal (continuous) |
|
|
Term
|
Definition
| considered part of the propert and not personal items |
|
|
Term
|
Definition
| physical possession of personal property (chattels) is transferred from one person (the 'bailor') to another person (the 'bailee') who subsequently holds possession of the property. |
|
|
Term
|
Definition
| a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. |
|
|
Term
|
Definition
| a person who is authorised to act on behalf of another (called the Principal) to create a legal relationship with a Third Party |
|
|
Term
|
Definition
| a person who authorises an Agent to act to create one or more legal relationships with a Third Party |
|
|
Term
|
Definition
| a legal doctrine which states that an employer is responsible for employee actions performed within the course of the employment |
|
|
Term
|
Definition
| a form of insurance that provides compensation for employees who are injured in the course of employment. |
|
|
Term
| Employee Retirement Income Security Act (ERISA) |
|
Definition
| federal statute which sets minimum standards for pension plans in private industry and provides for extensive rules on Federal income tax effects of dealings in connection with various employee benefit plans. |
|
|
Term
| title VII of Civil Rights Act |
|
Definition
| prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin |
|
|
Term
| Americans with Disability Act |
|
Definition
| disabled people require reasonable accomodations at work place |
|
|
Term
|
Definition
| minimum 12 month period between union leadership elections |
|
|
Term
|
Definition
| legally treated, in certain instances, as a person; the corporation can own property, execute contracts, sue, and be sued. cannot plead 5th. |
|
|
Term
|
Definition
| a registration of a new issue which can be prepared up to two years in advance, so that the issue can be offered quickly as soon as funds are needed or market conditions are favorable. |
|
|
Term
|
Definition
| submitted by a company that is planning to have an IPO. This prospectus has to be filed with SEC. It contains all the information about the company except for the offer price and the effective date, which aren't known at that time. |
|
|
Term
|
Definition
Tombstone Ad
Advertisement placed in newspapers by Investment Bankers in a Public Offering of securities. It gives basic details about the issue and lists the underwriting group members involved in the offering in alphabetically organized groupings according to the size of their participation. |
|
|
Term
|
Definition
| a direct private offering of securities to a limited number of sophisticated investors. |
|
|
Term
|
Definition
| a firm owns its upstream suppliers and its downstream buyers |
|
|
Term
|
Definition
| Merger of two or more companies with similar product lines. |
|
|
Term
| false and deceptive advertising |
|
Definition
| not protected by 1st amend. |
|
|
Term
|
Definition
| speech done on behalf of a company or individual for the intent of making a profit. |
|
|
Term
|
Definition
Rescission discharges all parties to a contract from the obligations of the contract.
Restitution is an order directing one party to give back something she or he should not be allowed to keep. |
|
|
Term
| implied warranty of fitness |
|
Definition
| good in suitable condition |
|
|
Term
| implied warranty of merchantability |
|
Definition
| goods of sufficient quality to trade |
|
|
Term
|
Definition
| conduct that is culpable because it misses the legal standard required of a reasonable person in protecting individuals against foreseeably risky, harmful acts of other members of society |
|
|
Term
|
Definition
| a legal doctrine that makes a person responsible for the damage and loss caused by their acts and omissions regardless of culpability |
|
|
Term
| tort theory of product liability |
|
Definition
| allow an injured party to recover financial compensation from the manufacturer or seller of a product. |
|
|
Term
| contract theory of product liability |
|
Definition
|
|
Term
|
Definition
| one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in 49 states (all except Louisiana) within the United States of America. |
|
|
Term
|
Definition
| legislation relating to the reduction of smog and atmospheric pollution in general. |
|
|
Term
|
Definition
| labor law allowing an employee to take unpaid leave due to illness or to care for a sick family member. 12 weeks |
|
|
Term
|
Definition
| mandates an insurance program giving some employees the ability to continue health insurance coverage after leaving employment. 18 months |
|
|
Term
|
Definition
| requires that any offer or sale of securities using the means and instrumentalities of interstate commerce be registered |
|
|
Term
| securities exchange act of 1934 |
|
Definition
| form the basis of regulation of the financial markets and their participants in the United States. SEC. |
|
|
Term
|
Definition
| establishes new or enhanced standards for all U.S. public company boards, management, and public accounting firms. |
|
|
Term
| National Labor Relations Act |
|
Definition
| a 1935 United States federal law that protects the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands |
|
|
