Term
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Definition
intentional tort
negligence
strict liabilities |
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Term
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Definition
intent
assult
false arrest/imprissonment
intensional infliction of mental distress
intensional inference w/property
defense of stuff |
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Term
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Definition
| INTENT- present when one of the concequences of the action OR I should know the consequence of the action |
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Term
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Definition
UNDER INTENTIONAL TORT
present when one intentionally puts another in apprehension of physical contract with the person of the other.
usually criminal |
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Term
| false arrest/imprissonment |
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Definition
| wrongfully detain someone against their will(not kidnapping) SHOPKEEPER PRIVILEGE. can detain and search ireasonably people who appear to be stealing |
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Term
| Intentional infliction of mental distress |
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Definition
UNDER INTENTIONAL TORT
outrageous conduct by defendant, not insults. with intent to cause mental distress. recless disregard |
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Term
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Definition
| UNDER INTENTIONAL INFLICTION OF MENTAL DISTRESS(INTENTIONAL TORT)take plaintiff. you break someone who has a previous disability and under normal circumstances wouldn't make a change - you are to blame |
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Term
| intentional inference with property |
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Definition
UNDER INTENTIONAL TORT
TRESSPASS: when someone intentionally enters land of other, OR causes a thing or third person to do something
SELF-DEFENSE: using reasonable force-that a reasonable person in similar circumstances would judge to be necessary, and can include deadly force |
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Term
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Definition
UNDER INTENTIONAL TORT
can¨t defend at same level as persons.can't set spring gun to protect grapes. or spring gun at knee level to secure corn. doesn't matter how much your stuff is worth |
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Term
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Definition
4 elements needed
duty
breach of duty
causation - actual and proximate
damages |
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Term
| average reasonable person |
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Definition
UNDER NEGLIGENCE
av. person. own for children. people with superior skill - surgeons are measured to other surgeons
SUDDEN EMERGENCY DOCTRINE: excluded from ave. reasonable person |
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Term
| motorcycle man v. corvette guy |
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Definition
| sued for negligence of acting as the ave. reasonable person because corvette guy stopped in the middle of the road. corvette guy won |
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Term
| special standards of care for people |
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Definition
UNDER NEGLIGENCE
tresspass standard- low. not intentionally harm, unless it's a kid and you have something attractive(trampoline, pool etc.) liable for it! |
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Term
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Definition
| UNDER SPECIAL STANDARDS OF CARE FOR PEOPLE: NEGLIGENCE: social guest/friend. owe verbal warning for hidden defects |
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Term
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Definition
| UNDER SPECIAL STANDARDS OF CARE FOR PEOPLE:NEGLIGENCE: invite people onto your property, find defects and try to fix them. UNI could be liable if student falls on ice. UNI student in strayer wood. fell down in 9ft. ditch. broke arm+ legs - UNI liable |
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Term
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Definition
INVITEE STANDARD
fell on ice. $75.000 ended up with from heartland Inn |
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Term
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Definition
| standing at the end of a long railroad platform under a very large bell. dynamite blew up. bell fell on her head. RES IPSA LOGUITUR - speaks for itself.- burden of proof to defendant.compensetory damages- $ awards to plaintiff to make them whole again |
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Term
| loss of consortium(stalion) |
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Definition
| doesn't have to be present, but when spouse dies. only sexual loss. children can claim both if parent is alive or dead |
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Term
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Definition
UNDER TORT
1. wild and dangerous animal
2. ultra hazzardous activity
3. product liability
4. warranty |
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Term
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Definition
UNDER STRICT LIABILITIES
automatically liable. stricly liable for dog, farm animals |
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Term
| ultra hazzardous activity |
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Definition
| UNDER STRICT LIABILITY: firework display, dynamite etc |
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Term
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Definition
KINDA UNDER STRICT LIABILITY
manuf. of product that is unreasonably dangerous - liable. includes forseable misuse of products |
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Term
| examples of product liabiltiy |
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Definition
1. chair rocks back and forward. cut his finger off. guy win.
2. punch press for metal. cuts off hand. he wins
3. push mower: use on hedges, picks up while running. he won - no stickers
4.above ground swimming pool. jumps from ceiling. paralyzed. he looses
5. lighter, child lit sister on fire. mom wins |
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Term
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Definition
| UNDER STRICT LIABILITY: A vehicle's ability to withstand impact. mini-van is usually not sufficiently crashable. seats fly out of car- not forseable. not forseable to crash into parked semi. decapitates family. |
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Term
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Definition
| got 1m from crucible - all insurance it had. don't know how much they got from the employer |
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Term
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Definition
1. implied warranty of merchantability
2. implied warranty of fitness for a particular purpose |
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Term
| implied warranty of merchantability |
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Definition
| be at least of ordinary quality |
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Term
| implied warranty of fitness for a particular purpose |
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Definition
| you find gross stuff if food. 2 yr staute in tort. 6 years with contract, expressed warranty can waive. |
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Term
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Definition
employer has control over:
no control over hours
don't withhold taxes
not control of means
you want independent contractor because you are not liable for employee behavior |
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Term
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Definition
employer has control over:
no control over hours
don't withhold taxes
not control of means
you want independent contractor because you are not liable for employee behavior |
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Term
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Definition
OR EMPLOYER LIABILITY LAW.
takes four things: 1. EE subject to ER supervision
2. EE was motivated, at least in part by a desire to serve ER interests
3. problem arouse during work hours and work location.
4. act in question was of the general type the EE was hired to perform |
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Term
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Definition
| digging ditch(EE). superiod starts yelling at him. EE hits supervisor in the head with the shovel. 1. under supervision. 2. there and digging. 3. yes. 4. not hired to hit people with shovel. sandman wins |
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Term
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Definition
| in a hurry at wal-mart. girl kinda hits walmart lady. she bangs her head in the counter repeatedly. 1. yes. 2. yes. 3. yes. 4. no, not hired to hit people- walmart wins |
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Term
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Definition
| UPS uniform+UPS car + UPS route. road rage - UPS guy stabs the guy in the chest. FRAULIC - on your own. employer liable when accident, not when it is on purpose |
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Term
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Definition
| hired convict without letting people know. got to know a girl. he liked her, she didn't like him. he started harrassing her. he stabbed her. negligent retention? negligent hiring? |
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Term
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Definition
1. minimum wage
2. overtime (not when salary'ed)
3. no child labor (under 14)
4. equal pay for equal work |
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Term
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Definition
oversee occupational health
don't have laws, but standards
1. announced visit (som IK MAT)
2. unannounced visit |
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Term
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Definition
under iowa OSHA.
cover - medical bill, healing period benefits, half salary while healing, permanent partial disability payment. |
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Term
| permanent partial disability payment |
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Definition
| % of how much each joint is worth and how much % damage. includes sight and hearing |
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Term
| drug testing under OSHA/workers comp |
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Definition
| can be randomly tested at any time. if not tested during pre-employment - can't do it later. if caught - no workers comp. |
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Term
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Definition
| if a company has 50+ employees. must allow your employees to take 12 unpaid work weeks leave for any family members |
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Term
| employment discrimination |
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Definition
civil rights act 1964 title 7
can't discriminate against big 5 + 2 |
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Term
| title 7 of Civil Rights Act of 1964 |
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Definition
| 1. Disparate treatment - must prove Prima Facia. |
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Term
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Definition
title 7. must prove prima facia.
1. applied - job open.
2. belonged to a protected class
3. qualified for the job
4. denied the job
5. position remained open - kept looking. - shifts burden of proof to defendant. must articulate non-discriminatory reason - shift burden back to plaintiff. |
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Term
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Definition
bad public policy.
get fired for a really crappy reason.
wagenseller v. scottdale memorial hospital
griggs v. duke power (1970) |
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Term
| Wagenseller v. Scottdale memorial hospital |
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Definition
| very good nurse. new manager. team building activity in desert. had to moon the rest of the people. refused. all of a sudden got bad reviews and got fired. wagenseller wins cause BAD PUBLIC POLICY |
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Term
| griggs v. duke power (1970) |
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Definition
| move up in paygrade - HS diploma (wanted to discriminate against blacks). NEXUS - must have connection between test and job performance. DISPARATE IMPACT - GRIGGS WON |
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Term
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Definition
| union: can let go of 50 bosnians if you go by seniority and they were the 50 most recent people to be employed. |
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Term
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Definition
BFOQ - bonified occupational qualification
1. quid pro quo
2. hostile work environment |
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Term
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Definition
| "family restaurant about owls" 7 hairy college students wanted to apply. "we don't hire men" BFOQ - hooters settled for 3 mill bucks |
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Term
| explaining sexual harassment |
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Definition
1. quid pro quo - this or that.how bad do you want this job sweetheart?
2. hostile work environment - work is made unbearable by sexual comments, suggestions |
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Term
| roxanne factory worker lady v. factory |
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Definition
| only woman at factory. boys telling dirty jokes and hit on butt and comment on her anatomy. quid pro quo. turns out she did really bad gross stuff to - she dropped lawsuit |
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Term
| 25yr. old lawyer case v. no one |
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Definition
| you have zero power. junior at law firm makes her perform oral sex on him and tell dirty jokes. must tell him to stop and who's gonna believe him. she didn't sue! |
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Term
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Definition
| undergrad. U of Michigan. points for being black, athlete, but not asian. illegal discrimination because of the nature of it. |
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Term
| grutter v. bollinger (2000) |
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Definition
| law school w. 125 openings. all qualified to get in, but african americans get huge + in U of Michigan's book. OKAY, because already qualified and want students to be a mirror of "the real world" |
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Term
| fisher v. U of Texas Austin |
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Definition
| same as Gratz v. Bollinger in the US supreme court |
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Term
| Discrimination based on RELIGION |
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Definition
| Any major world religion or sincere and meaningful belief occupying in the like of its possessor a place parallel to that filled by God |
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Term
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Definition
religion discrimination?
perfectly qualified, pilot. worship saturday so could not fly those days. did not get hired. court ruled not religion, but availability. bonified seniority system |
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Term
| discrimination based on AGE? |
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Definition
to protect 40+
all flight attendants 40+ were fired -- discrimination.
pilots must retire at 62. safety thing - not discrimination |
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Term
| discrimination of disability |
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Definition
1. Disability Act 1990
2. Reasonable accommodation |
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Term
| Americans with Disability Act 1990 |
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Definition
you have a physical or mental condition that substantially limit one or more major life activities
OR a history of such impairment
OR regarded as having such impairment
Excluded a bunch of people: Homo/bi sexual. CLEPTOMANTIACS: steals things. PHYROMANS. GAMBLINGS. current and active DRUG/ALCOHOL ABUSER. Obesity - may or may not be |
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Term
| Reasonable accommodation for disabled |
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Definition
sign language translator
- not reasonable to build elevator to hire a reseptionist |
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Term
| Casey Martin v. golfcourse |
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Definition
| serious disease-can have stroke if walking. professional golf player. Qualifies for PGA - not allowed to have carts. US supreme court - is PGA an employer? is the game controlled? CAN HAVE GOLF CART "walking is not part of the game of golf" |
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Term
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Definition
food and drug administration
consumer product safety commission - can recall products |
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Term
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Definition
| if a contract is so unfair that it shocks the conscious of the public - the court will refuse to uphold it. |
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Term
| jones v. star credit corporation |
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Definition
-- Truth in Lending Act.
must explain interst rate, payments compound interest
300$ freezer. paid 619$ - stopped paying. star credits came - kicked in the door with children and take freeZer. star credit give freezer back + paid for door |
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Term
| vokes v. arthur murray dance studio |
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Definition
| 51 widow. professional dancer. free trial dance studio. lifetime membership - signed. ended up paying $ 31,000. -- FRAUD |
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Term
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Definition
chapter
ch. 7
ch. 13.
ch. 11.
ch. 12 |
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Term
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Definition
PERSONAL DISCHARGE
fresh start after serious trouble. Petition - thick, must have $100 left. list all assests, all creditors. much more difficult now to file a ch. 7. MEANS TEST NOW |
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Term
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Definition
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Term
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Definition
for farmers + family fisherman
it is a hybrid of 7 and 13. |
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Term
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Definition
higher dollar value
like furniture store |
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Term
| bankrupt estate and exemptions |
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Definition
goes to bankrupt trustee
prior to 2005: could keep house. now you can keep house if lived in for 40 months. all wearing apparel + trunks for $1000 replacement value. gun + riffle. books+ bible less than 1000$. |
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Term
| bankrupt estate and exemptions cont. |
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Definition
burial ground upto 1 acre. $10,000 or less in death insurance. health aid. SSR, unemployment, public assistance,
Car + musical instrument -less $5,000. wedding/engagement ring. -- Have sale and sell all. satisfy debt in order of secure creditors.IOWA MORE LENIENT THAN FEDERAL |
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Term
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Definition
student loans
criminal fines |
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Term
| Environmental Protection Agency |
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Definition
Clean Air Act 1990
Clean Water Act 1972
Super Fund or CERCLA 1980
Environmental - Endagered Species act |
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Term
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Definition
| goal: reduction of air pollution from engine. |
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Term
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Definition
| mainly for corp's. HAS WORKED. DDT in water-- fish ate -- eagles ate fish -- almost instinct. BP- $4.bill criminal + $525 mill to Security Exchange Commission. NYC - pension decreased stock value - could sue because criminal. + shrimp fishers will sue bc. can't find any shrimps. |
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Term
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Definition
| Comprehensive Environmental Response Compensation Liability Act. -- clean up hazzardous clean site + regulate other hazzardous activities. |
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Term
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Definition
civil penalties by EPA - can shut operation of enterprise down.
Criminal fines- individual officers |
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Term
| Environmental - Endagered Species EPA |
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Definition
protection - fed/state can put in laws
recycling |
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Term
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Definition
| can be international. down-load, is child pornography in DK ok to have in Norway |
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Term
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Definition
| 1999, gay dads for sex.com. screen name blow u in virginia. deputy - in public chat room - went to private. convinced "14 yr old" - deputy took harddrive |
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Term
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Definition
| mom made account to tell girl her daughter didn't like to kill herself. she did. familiy of dead girl won |
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Term
| work - reasonable expectation of privacy |
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Definition
| 1998. Pillsbury hired man - told email would be private. "we should kill that backstabbing bastard". got fired. court - say private = private, but OK to fire him |
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Term
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Definition
| fed law. only adopted by two states. contracts over states and licencing agreements. |
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