leb 320f final

cross examination

after each of the plantiff's witnesses testifies the defendent has an opportunity to do this. the purpose of cross-examination is to discredit or cast doubt on the witness's testimony

agents of capital

agents of the shareholders who own the corporation and provide its capital. As such, their only duty is to earn as much money as possible for the shareholders, within the limits of the law and customary ethical practices. corporations do not owe a moral obligation to society. They are obligated to follow the law, but no more.

genuine asset

agreement to enter into a contract that is evidenced by words or conduct between the parties

important points about arbitration

agreements are valid if they are signed before any dispute that exists in the first place. Many employers require employees to sign this clause in their contracts. There's also no appeal process.

covenants not to compete

agreements in which one party promises not to compete with another

statutes of limitations

all states have this. it limits the time a creditor has to sue a debtor after the debt becomes due

common law

all the rules and principles currently existing in any state, regardless of their historical origin that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes. Also reffered to as case law

common law

all the rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes. This type of law is frequently referred to as case law, judge-made law, or unwritten law. Many ideas are very old; quite a few of them were initially created in England in centuries long gone by. England's laws have not been directly binding on us in the United States for over 200 years, of course, but many legal ideas have been borrowed from England and adopted here. COMES FROM CASE LAW

modified comparative negligence

allows a plaintiff to recover the percentage of damages for which defendant is responsible even if plaintiff is 50% at fault, but bars recover if the plaintiff's actions caused more than 50% of the harm

first amendment

also been interperted to protect the expressions of corporations and other organizations

ADA

also prohibits discrimination against a person who either has a record of an impairment or is regarded as having an impairment. That part of the law dealing with having a record of an impairment is intended to protect those victimized by the stigma of a past affliction that no longer constitutes an impairment. The part of the law dealing with one who is "regarded" as having an impairment has as its main purpose the protection of those who face stereotypes.

Civil Rights Act

also requires an employer to make reasonable accomodations for employees religious beliefs and practices

the ______ of consideration does not matter- only it's absence or presence is relevant

amount

Causation in fact

an actual cause-and-effect relationship and is often called "but for" causation. That is, a jury can conclude from the evidence that "but for" the defendant' negligent act or failure to act, the plantiff's harm wouldn't have occurred.

basic part of a contract

an agreement formed by an offer and acceptance

auctions

an efficient way of determining a reasonable price in transactions between willing sellers and buyers. ______ can be held with or without reserve.

If an employer hired a worker and retains a significant amount of control over his activities, the worker is probably an ___usually in a chain-of-command. That is to say, an employee usually has a clear boss who supervises his or her activities.

an employee.

option contract

an exception to the revocation rule. The offerree gives money or something else of value in exchange for the offeror's promise than an offer will be kept open for a set length of time. Can be useful when proposal's are complex and a company wants time to evaluate the deal more throughouly

pretext

an excuse of intentional discrimination. like they show that employer offered shifting and inconsistent rationales for its action

Judicial review

an important check that the courts exercise on Congress. Federal courts have the final say in deciding whether the Constitution has been violated by a congressional law or executive action

Obscenity

an offensive or indecent word or phrase. not protected by first amendment

Utilitarianism

and other approaches that concentrate on the consequences of moral choices are termed, naturally enough, consequentialist theories.

knowledge of falsity

another element of fraud. Thus the innocent party must ordinarily prove that the person making the statement knew, or should have known, that it was false at the time it was made. shows that person has a reckless disregard for the truth

injury

another element of fraud. must show that the innocent party that he/she suffered an injury. usually an economic loss, as a result of misrepresentation

the statute of frauds requires that a promise to ____________ must be in writing to be enforceable

answer for the debt of another

assault

any act that creates a reasonable apprehension of an imminent battery.

trade secret

any type of knowledge that is not generally known and is not readily available through legal means, if the knowledge gives its owner a competitive advantage over rivals who do not have the knowledge.

mailbox rule

applies to delayed, non-real time communications about acceptances. it also creates two key standards -acceptances count as soon as they are sent so long as the offeree uses the same means to communicate (or one that is even faster/more reliable) -rejections and revoations are not effective until recieved by the other side

employment at will

applies to the majority of american workers. under it, companies can fire workers at any time for any reason, unless the company would violate a specific law in doing so

Title VII in the Civil right act

apply to employers, employment agencies, and labor unions. State and local governments are also within the definition of employer, and their employment practices are covered. In most instances, the federal government's employment practices are also covered.

Virtue Ethics

approach is that of Aristotelian virtue ethics that concentrates more on the actor attempting to become a virtuous person in all aspects, rather than on the resolution of specific ethical issues.

successful plantiffs

are entitled to an injunction and damages. Damages can be substantial, and can cover lost profits and royalties on the defendant's sales. If a defendant deliberately infringes on a patent, a judge may treble the plaintiff's damages and force the defendants to pay the plaintiff's attorney's fees.

Principals

are obligated to honor the terms of employment contracts. They must also reimburse expenses an agent incurs while working on behalf of the principal, and they must indemnify agents when agents incur liability while acting within the scope of their authority.

Negative effects

are those that damage some legitimate interest of another person. It is generally recognized that people have legitimate interests in their physical, economic, and emotional well-being, as well as in their property, privacy, and reputation.

Legislative

authority to create new laws, given to Congress

strict scrutiny

based on race or national original and those that affect fundemental liberties. The highest level of protection applies in such cases.

battery

based upon contact. If you harm someone or hit them with a car, it's battery. Based on physical harm and body contact. Can have one without the other but also together

Fidicuary Relationship

between principles and agents. relationship of trust of confidence and law requires good faith from each party. It also requires that neither side keep information that relates to the agency relationship from the other.

Intermediate Scrutiny

can applies to gender-based distinctions. applies to other personal characteristics besides race or national origin.

punitive damages

can be award in disparate treatment cases, which can significantly increase the amount of money a lawsuit generates

exception to minors

can get out of a contract occuring in the case of common carriers like airlines, trains, buses, ferries. these operators have a legal duty to deal with everyone who requests and is able to pay for their services and a disaffirmance agains such entites is generally not permitted once a contract has been fully executed

trade secrets

can last forever but pretty weak. If someone can figure it out and can make it, they can sell it because weak.

arbitration

can't sue, use like judge judy or use industry expert. Legally binding process where there are real findings and real consequences

Outsiders usually _______ go to court to enforce deals that they did not make, even if they stand to gain something if the contract is completed.

cannot

hostile work environment

ccurs when a supervisor, manager, or co- worker engages in sexually oriented language or conduct that is unwelcome and that is sufficiently "severe or pervasive" to alter the terms and conditions of employment for an employee who has been targeted.

arbitrary

common words used in a meaningless context.

Agents of society

companies have broad social obligations to employees and community,

capacity

competence in the eyes of the law, or the legal ability to perform a particular act

civil rights act

comprehensive statute prohibiting discrimination in various settings, including housing, public accommodations, and education

legislative body

comprised of elected represenatives

criminal law

comprised of those statutes in which a state or the federal gov prohibits specificed kinds of conduct and which additionally provide for the imposition of fines or imprisonment on persons convincted of violating them

Subject Matter Jurisdiction

consists of the power to hear a particular type of case. each state has a different types of case within the subject matter of each court

valid

contract is one in which all of the required elements are present

executory contract

contract where both parties have fully performed their obigations. If you and I have signed a contract that calls on me to sell you my car for $5,000, we have an __________

negotiated contracts

contracts that result from bargaining and exchanges

Agents of capital

corps supposed to mke max return for share holders thats it money machines

contracts for the sale of goods worth more than 500, marriages, debts owed by deceased persons

covered by the writing agreement

Federal Law

created by the national government. For example the right to free speech

Self-Defense

creates a well-recognized defense to assault and battery. Generally, courts view legitimate ______ as a degree of force that is reasonable, under the circumstances, to stop an attack. And so if someone simply shoves you, using deadly force in return is probably not valid ______

federal courts have jurisdiction over _____ cases in which a violation of a federal criminal statue is alleged. there is a large body of this including statutes making it a crime to smuggle drugs in US fro example or things like threaten the president

criminal

article 2 of the UCC

deals with the sale of goods. does not apply to leases, or to arrangements for things like the storage of furniture in a warehouse, because only temporary possession of the goods - not ownership - is transferred.

Libel

defamation that is written or in some other fixed form, like a video. considered more damaging bc it's permanent

doctrine of equivalents.

defendant's product contains one or more elements that are similar but not identical to the corresponding element in the plaintiff's patent claim, there is no literal infringement but there could possibly be infringement under the....

reasonable period of time

depends on... -language used in the offer -means of communication used by the offeror -prevailing market conditions

discovery tools

depositions, interrogaratories and requests for production of documents

behavioral ethics

derives from behavioral psychology, cognitive science, evolutionary biology, primatology and several other bodies of knowledge to learn how people make the ethical (and unethical) decisions

Generic

describes an entire class of goods.

hostile work environment

dirty comments, sexual jokes

de facto discrimination

discrimination that is the result not of law but rather of tradition and habit. courts apply the rational basis test

Duration of Trade Secret Protection

does not expire at any set time.

burden of proof

duty to prove the facts alleged in the complaint

Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a copy of Adam's complaint, and in her answer, she alleges that her dog bit Adam when he was trespassing in her yard late at night, that he destroyed her fence when he ran away from the dog, and that he should pay $500 to compensate her for the fence repairs. Characterize the components of Brenda's answer. A. It contains a denial B. It contains a defense C. It contains a counterclaim D. A and C E. B and C

e

Class Action Fairness Act

eliminated the requirement of complete diversity of citizenship for most class action lawsuits where the matter in controversary exceeds 5 million.

Employees

end to have at least somewhat normal hours. They need not be as precise as "8 to 5, Monday through Friday", but employees tend to have fairly regular workdays, shifts, or time expectations.

Executive branch

enforce, president

prima facie case

established when the EEOC or individual plaintiff proves facts that permit an interference that intentional discrimination on the basis of race, national origin, gender, or religion was the employer's motivation for a negative action.

intellectual property law

even though there is a general consensus that intellectual property laws benefit society in the long run, such laws can go too far.

Duty of care

every person we can reasonably forsee might be injured for carelessness. For example, we owe pedestrians this when we drive.

Patents

exclusive rights to make or sell inventions

Patents

exclusive rights to sell as long as patent is good. If someone figures it out, then they an't sell. Only lasts 20 years though and shorter lived. Can't renew

only relieve defendants of liability for simple negligence. Clauses that attempt to avoid liability for acts of intentional wrongdoing or even gross negligence are not effective.

exculpatory clauses

ADA

expressly provides that a "current user" of alcohol or illegal drugs is not protected by the law. And so, an alcoholic who shows up at work intoxicated or an employee who fails a drug test is likely not protected.

perjured testimony

false testimony given under oath. Paul claims that Donna breached a particular verbal contract, a contract that Donna denied having ever made. If Paul could induce witnesses (perhaps by paying them) to falsely testify that they heard Donna agree to the alleged contract, and if Donna could neither refute such testimony by witnesses of her own nor otherwise prove that Paul's witnesses were lying, a judgment would be granted in favor of Paul. Donna's situation was particularly difficult because, at the time of which we are speaking, the parties to a civil suit were not permitted to testify in their own behalf; thus the testimony of other witnesses was even more important than it is today.

federal question cases

federal courts have subject matter jurisdiction over any civil case in which the plantiff's claim arises from the US constitution or a federal statue

complaint

files through attorney. sets forth the plaintiff's version of the facts and ends with a request for a certain remedy based on these facts. The plaintiff's responsibility is to alleges those facts that, if ultimately proved by the evidence, will establish a legally recognized claim against defendant

prima facie

first appearance. Must establish a preliminary basic case. If a plaintiff cannot do so, then there is no genuine issue of fact. if it can, it will proceeed

Offers

first step, no need to be formal or specific. Don't have to use word offer or write anything. Just make proposal and sound legitimate. I'll sell you this for 50 cents or I'll make you an offer for 50 cents. A lot of ways to make an offer. Lots of statements can count.

federal question

for this type of claim to exixst, the plantiff's claim must directly raise a question of federal law. Iif it doesn't, then cannot go to fed court

approximate cause

foreseeable harm to be a proximate cause. Needs to established that you foreseen or expected that this happened.

contracts of adhesion

formed where one side- usually the one with superiority- prepares the terms of the proposed contract and presents it to the other party on a take it or leave it basis. such as apartment leases, hospital admission forms and sales contracts from new car dealers

social contract

forms the foundation for many of the arguments that corporate social responsiveness is morally required. Under this view, a corporation is the result of a contract between those forming the corporation and the society that permits its creation.

Four types of trademarks

generic descriptive suggestive arbitrary/fanciful

for a case to go to federal court, the amount in controversary must be

greater than 75000 dollars

economic duress

ground for a receission of a contract in exceptional situations, as when there is a threat to do economic harm unless the party with weaker economic power agrees to do the contract and the threatened party has little or no realistic choice but to agree.

mispresent their age

happens occasiona;y. but special rules apply. They can disaffirm the contract only if the contract hasn't been performed yet.

battery

harmful or offensive bodily contact. requires physical contact. like a punch in the face or a wound inflicted by a weapon amount or like gropping or being spit on

agents

have many specific obligations to principals. They must obey clear instructions from a principal. They must use reasonable care. They must account for all money that is received or paid out on behalf of the principal. They must promptly notify principals of anything they learn that is relevant to the principal's interests. must also be loyal by not competing with their principals and by protecting confidential information

recession

he/she must ordinarily return the consideration, if any, that was received from the other party. it is designed to restore the parties to their original positions. the defrauded party always has the right to rescind the contract

appellate courts

hears appeals from judgments entered by the lower courts. They decide legal questions; they do not hear testimony of witnesses or otherwise entertain new evidence

Without reasonable expectations of ________ , we cannot maintain the personal and business relationships that create order and economic wellbeing.

honesty

presenting evidence that tends to show that their complaints are valid

how do plantiffs win civil cases by..

1. the defendant's affirmative conduct 2. intent 3. the plantiff's injury

how do you win assault and battery cases

fair use of copyright material:

i) whether such use is of a commercial nature or is for nonprofit educational purposes, (ii) the nature of the copyrighted work, (iii) the amount of the portion used in relation to the copyrighted work as a whole, and (iv) the effect of the use upon the potential market for the copyrighted work.

express authority

if I tell Alice Agent to order $25,000 worth of shoes to sell in my shoe store, and if she signs agreements with Nike, Reebok, and Adidas to order the shoes, I am bound by the contracts and must honor them. Her actions are within the scope of her express authority.

literally infringes

if a defendant's product contains all of the main elements of a claim

motion to dismiss

if a defendent files such a motion then they believe that the plantiff doesn't have a winning claim even if all the allegations in the complaint are true.

de facto discrimination

if a public school district follows a ''neighborhood school'' concept which results in particular schools having predominantly white or predominantly African American enrollment based solely on housing patterns and not because of any discriminatory intent by the school district, there is usually no violation of the Equal Protection Clause.

always seek review in an appellate court.

if a trial court does grant a summary judgement motion, the losing party can if the appellate court finds that the ruling was in error, the case will be

delegator

if an assignment occurs in which the assigning party also delegates his or her contractual duties to the assignee

challenge for cause

if questioning indicated that a particular person probably wouldn't be capable of making an impartial decision, the judge will excuse the person. for example a financial interest and business association

assault

if someone makes you afraid that you will get hurt or get shot or something, then it's assault. _____ and battery can go together. Based on fear Can have one without the other but also together

bilateral offer

if the New York Yankees (offerors) send a contract to a third baseman (offeree) in November offering him $8,000,000 for the coming season, it is a bilateral offer - the team is seeking a promise to play in exchange for its promise to pay the money. If the player accepts the offer signing and returning it, __________ has been formed.

default judgement

if the defendant doesn't respond then the court will grant this meaning everything in hte complaint is accepted by a court as true and proven and the defendent loses the case without having a chance to present her side of the story in court. defendant fails to give up right to contest liability

prima facie

if the plaintiff establishes ________ Title VII violation and the employer fails to come forth with acceptable evidence of a legitimate, nondiscriminatory reason, the plaintiff wins

business necessity

if the plantiff has established his/her basic claim, the employer can seek to defend itself by proving that the policy being challenges amounts. they must prove that -the challenged employment practice was necessary to acheive an important business objective -the practice actually achieves this objective

statutes of repose

if the statute of limitations is tolled, then _____ bar lawsuits no matter what after an extended period of time.

Incidental beneficiary

if you stand to gain value. If not person who was made the contract in mind and someone random, don't have any rights or anything to enforce. DON"T HAVE RIGHTS TO ENFOREC CONTRACTS

these contracts are generally void and unenforceable

illegal contract

85

in a typical year, the supreme court hears how many cases

writing

in all states, if such a promise is in ______ the promise is enforceable despite the absence of consideration

what happens when you appeal a case

in appealing a case, it is not a do-over or another trial. They don't call witnesses and such, the higher court goes to a panel of judges reviews it and looks for legal errors. They evaluate everything up to date in the case and only see if the trial was unfair or law interpreted wrong

Overconfidence

in one's own ethical compass can lead people to accept their own decisions without any serious moral reflection.

personal jurisdiction over the defendant is a requirement in...

in personam cases

where the plantiff seeks a judgement that will be legally binding against the defendant. it could be money rewards or some other injunction

in personam cases

work for hire

in which a person or company hires another to make a creative work that will be owned by the purchaser, not the creator of the work.

Any sub-interest is treated as an interest in land, and a contract concerning it must be _____

in writing

trade secret

include detailed customer information that is not easily available to others, manufacturing processes, chemical formulas, operating and pricing policies, marketing strategies, and secret recipes.

Misrepresentation of a material fact

includes any word or conduct that causes the innocent person to reach an erroneous conclusion of fact.

necessities

includes food, lodging clothing and medicine. Minors are gnerally held liable for at least the reasonable value of this. It's because we want merchants to be willing to sell necessaries to minors, which they miight refuse to do if the minor could resceind the contract w/eo penalty

mental impairments

includes those who are mentally handicapped, severely senile or mentally ill. They have substanial protection by the law insofar as of their contractual obligations

fair use of copyrighted act

including such use by reproduction in copies, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

group dynamics

indicates that groups of employees often behave very differently than any single employee would behave in isolation, because the dynamics of the group transcend individual reason and autonomy

state law

individual states have the right to decide what rules will apply within their own borders

conformity bias

induces executives in one company to decide that obscenely high compensation is ethically justified because executives at competing companies are receiving similarly outrageous compensation. The bias also leads managers and auditors to conclude that earnings management, capacity swaps, and other forms of accounting aggression are defensible because industry innovators such as Enron and WorldCom are using them. It convinces officers and lower level employees of mortgage firms that it is okay to shovel mortgages out the door to borrowers who have little hope of repaying them, because competitors are doing exactly the same thing to borrowers who are even worse off.

implied contracts

inferred by courts after examining the conduct of the parties. If Joe walks into Sam's convenience store when Sam is busy, picks up a candy bar, shows it to Sam and places the purchase price on the counter and walks out the door after Sam nods back, an implied contract exists even though neither Joe nor Sam spoke a word

undue influence

influence is undue (excessive) where one party so dominates the will of the other that the latter's free will is destroyed. A common example occurs where one person, as the result of advanced age and physical deterioration, begins to rely more and more upon a younger, more energetic acquaintance or relative for advice until the point is reached where the older person's willpower and judgment are almost totally controlled by the dominant party.

ultra hazardous

inherently dangerous, the employer will be held automatically responsible for harm to third parties caused by the dangerous character of the work. The employer's responsibility in such a case is based on the notion of strict liability.

fraud

inlcudes deception.

Checks and Balances

insures against any single branch of government developing an excessive degree of power

Commerce Clause

intended to make the US a common market, with the many economic advantages of trade that is unhindered by state boundaries

elements of false imprisonment

intentional confinement without consent without lawful authority injury

Judicial branch

interpert laws, supreme

utility

invention must have a useful result. This a very low threshold and will almost always be fulfilled, though an invention that doesn't work, is a hoax, or is a mere abstract idea is not useful.

Tiffany v. Boston Club

involved the old and very well- known "Tiffany" trademark for jewelry, fine glassware, and related products. Over time, the mark has come to be associated with luxury and excellence. The defendant used the "Tiffany" name for a bar. The public is certainly not likely to believe that the owners of the "Tiffany" trademark were also responsible for the bar, and thus there would be no likelihood of confusion. The usual method of showing trademark infringement (demonstrating likely consumer confusion) would not have been useful to them.

slander per se

involves serious crimes, contagious diseases, professional imcompentence and sexual behavior. They are spoken lies.

if the court grants the motion to dismiss, soetmimes the plantiff

is allowed to amend the complaint

Utilitarianism

is an ethical theory that is committed to promoting "the greatest good for the greatest number

Reasonable security measures

knowledge must be kept relatively secret in order to qualify for protection

covenants not to compete

lawful only if certain conditions are met -agreement must be of an ancillary nature -the promisee must have a legitimate business interest that warrants temporary protection from competition -the agreement must be reasonable in its scope so that it doesn't limit competititon more than it is reasonably necessary

statutory law

legal rules that have been formally adopted by legislative bodies rater than by the courts. Also referred to as written law

caveat emptor

let the buyer beware. Under this rule, buyers had the responsibility to look out for themselves in making a purchase.

vicarious liability

liability imposed not because of one's own wrong but solely because of the wrong of one's subordinate

Copyright duration

lifetime of the creator + 70 years

mediation

like counseling, like a settlement, structured talking. A mediator can't make legal decisions like paying money but wants to get people talking. Mediator good at talking people down and support people, people oriented. Can't require anyone to do anything though, no legal power. Can get cases settled

extra legal duty for business guests

like customers or something. You have an obligation to keep them safe whether you know about hidden dangers or not. If they get hurt then store owner is responsible about it even if the store owner didn't know about it.

creditor

look primarily to the debtor for repayment, and only if the debtor does not pay is the creditor to look to the guarantor

Economic Espionage Act

made it a federal crime to steal trade secrets. The law punishes standard trade secret misappropriation, but also contains enhanced penalties when the trade secret theft constitutes economic espionage because it is meant to benefit foreign entities.

Legislative branch

make laws, congress

disaffirmed

may be accompliished by a clear indication of an intent to not be bound by the contract or if the minor doesn't want to perform her obligations under the contract and is sued for breach by the adult, the minor can assert her lack of legal capacity as a defense

religious organizations

may lawfully hire some employees based on their religious beliefs

military enlistment contract

minors also can't get out of this. legislation in all states prevents minors from disaffirming contracts with banks and insurance companies and these too

Misappropriated

misused

consequentialist

moral rightness of an action is determined by its results only

cause in fact

most in times when something goes wrong. If car wreck or heavy traffic, there's bad drivers that cause traffic.

incrementalism

much "unethical behavior occurs when people unconsciously 'lower the bar' over time through small changes in the ethicality of behavior.

Trademarks

must be granted by the government. You apply for it through the PTO and the owner must establish that it has a protectable mark

real estate contracts

must be in writing. must consist of earth's surface and the right to use the area in the air above the surface up to a reasonable height, also vegetatation and growing crops/trees

answer

must file if the motion to dismiss is denied. complaint and this must make up the initial pleadings of a case

To prove copyright infringement

must first prove that the defendant had access to the plaintiff's copyrighted work. Courts presume access, however, in the case of works that have been distributed in a relatively wide fashion. After proving access, in most cases the plaintiff can prove infringement by showing that the defendant's work is "substantially similar" to the plaintiff's work

Paul Plaintiff, a resident of Texas, files a lawsuit in Texas against Don Defendant, a resident of California. Don receives notice of the lawsuit, and tells his lawyer, "I don't want to travel to Texas to be sued by this guy." Don's lawyer says, "Maybe you don't have to." The lawyer argues that the Texas court lacks personal jurisdiction over Don. Paul's lawyer asserts that the court does have personal jurisdiction, and that the case should proceed.

must have showed he had some substaintial contact in texas, otherwise texas will dismiss the case

Proximate causation

must prove that the defendant's harm was a reasonable foreseeable result of defendant's negligence

trial courts

must settle questions of both fact and law- like what happened questions

Coca-Cola Bottling Co. v. Coca-Cola Co

"[t]he written version of the secret formula is kept in a security vault at the Trust Company Bank in Atlanta, and that vault can only be opened by a resolution from the company's Board of Directors. It is the company's policy that only two persons in the company shall know the formula at any one time, and that only those persons may oversee the actual preparation of [the product]. The Company refuses to allow the identity of those persons to be disclosed or to allow those persons to fly on the same airplane at the same time."

work for hire if:

(1) the employer and independent contractor made a written agreement signed by both parties before the independent contractor started work, (2) the agreement ''specially commissioned the work as a work-for-hire'' (expressly using the term work-for-hire), and (3) the work was within one of nine categories—(a) a contribution to a collective work, (b) a part of a motion picture or other audiovisual work, (c) a translation, (d) a supplementary work, (e) a compilation, (f) an instructional text, (g) a test, (h) answer material for a test, or (i) an atlas.

trade secret considerations

(1) the extent to which the information is or is not known outside the company; (2) how easy or difficult it would be for someone else to independently develop the information or to acquire it properly; (3) the value of the information to the company; and (4) the amount of time and money it took the company to create the information.

statute of frauds UCC

(1) the seller has already substantially begun producing specially made goods; (2) payment has been made and accepted or goods have been received and accepted; (3) between merchants there has been a confirmatory memorandum sent and the receiving party did not object to its terms in writing within 10 days; or (4) the party against whom the contract is to be enforced admitted in court proceedings that an oral agreement existed.

Richmond v. J.A. Croson Co.

, the Supreme Court struck down the minority business enterprise program for awarding city government contracts in Richmond, Virginia. Under this program the City of Richmond required that 30 percent of the dollar volume of all city construction contracts be awarded to businesses that were owned and controlled by African Americans, Hispanics, Asians, or Native Alaskans. The program was challenged by a white-owned construction company that lost a contract to install guard rails on a highway, even though its bid was slightly lower than the successful bid of its competitor. The Supreme Court held that the city did have compelling interests in remedying the effects of past discrimination and making sure that city tax money was not spent to support an industry that engaged in discriminatory practices (that is, discriminatory subcontracting). However, the Court held that for the program to be valid, the city had to produce evidence demonstrating that discrimination against minority owned businesses in the awarding of city contracts and subcontracts had occurred in the past, a reasonable estimate of the extent of that discrimination, and that it had narrowly tailored the program to take race into account to the least extent possible to serve the city's compelling interest. The city had not fulfilled these requirements.

Magee vs BEA ruling

- "Courts are most frequently moved to help those that help themselves" - BEA did nothing to help themselves, non-active participants - Magee filed case correctly - Appellate court ruled against BEA, BEA filed appeal that was denied

Cadena commercial v TABC ruling

- "Tied house laws" in liquor industry prevents a company who owns stock in any layer of the liquor industry from owning stock in another - Tied house laws are from 1930s code establishing alcohol laws following prohibition

Bristol Meyers Squibb vs Superior court

- 600 people harmed by drug, people of CA sue BMS - Focus on case shifted to jurisdiction > BMS "doesn't belong in court in CA" because HQ and state of formation is in Delaware - CA has no general jurisdiction

work for hire duration

- 95 years from the date of publication or 120 years from the date of creation, whichever is shorter

POM wonderful vs coca cola ruling

- 9th circuit ruled coke is immune from Lanham act because FDCA approved label - SC agreed that POM could be in compliance with both, reversed decision - Coke forced to re-label

South Dakota vs Wayfair

- A 1992 Quill vs ND case allowed for no sales tax to be charged to individuals when purchasing a product online if there was no retail location in the state - dormant commerce clause 1. This lowered revenues/purchases from local stores and led to an increase in online store purchasing - took money away from government and local real estate - SD sues Wayfair - Writ or cretorai case

SEC vs Ginsburg Ruling

- A jury found for the SEC - However, the district judge entered a judgement as a matter of law for Ginsburg, concluding that the evidence was insufficient to find him guilty. - The SEC appealed and the decision. The case went to the circuit judge and the judge REVERSED the verdict because the call/trade pattern was sufficient enough to disbelieve Ginsburg. - Appellate judges declare judges were within rights to find for SEC - SEC wins

Abercrombie case

- A young muslim girl got a job at Abercrombie and showed up to work in a hijab, a common religious garment worn by muslim women - Abercrombie told her that she would have to take the hijab off while she was working or she would be fired. The hijab did not fit Abercrombies "look" - Young muslim girl sues for regions discrimination

Abercrombie case ruling

- Abercombie lost - Muslim girls request was both reasonable and did not burden Abercrombie with any undue hardship

Motor vehicle manufacturing association vs state farm

- Administrative agency were focused on car/road safety (ex: standard 208 - seatbelt and airbag requirements) - MVMA rescinded standards, claiming they no longer found requirements would produce significant safety benefits - State farm and other insurance companies sued for review of recision order

Air Products and Chemicals, Inc. v. Airgas, Inc.

- Air Products began negotiations to buy Airgas in 2009. Airgas resisted and board denies despite ever increasing tender offers - Ultimately, $70/share is offered while board of Airgas wants $78 - board has duty to maximize price received by SH - Board cannot say no to a tender offer unless it is in good faith and relying on outside third party advice that may block tender offer - Who ultimately has the right to decide to accept tender offer? - Board - Airgas board identified a legally cognizable threat (insufficient money per share) and engaged defensive measures proportional to that threat - Unocal case: Boards responsibility once they vote to sell the company is to become the auctioneer - look for a "white knight" or leveraged buyout from managerial group of some kind

Amir Al-Dabagh v. Case Western Reserve University

- Amir was a smart med school student that had no problems in class, but his professionalism was another matter. - Amir ran into lots of problems with conduct and professionalism while at Case Western University including, excessive tardiness, sexual harassment, stiffing a taxi driver, bad professionalism while in residency at a hospital, and driving while intoxicated. - The committee at Case Western decided that this was bad enough to not allow Amir to graduate, despite finishing his degree requirements. - Amir sued for breach of contract

F&M Marketing vs Christenberry Trucking Ruling

- Bench trial held that F&M did not meet the burden for proving veil should be pierced, F&M appeals - Trial court affirms ruling - Control of company does not equal commitment of fraud or any wrongdoing that should pierce the veil

McLaughlin vs schenk

- Breach of fiduciary duty between SH: closely held corporation is more likely a partnership, so duty is owed to individual - "Partnership standard" or fiduciary duty - McL lost - Schenk did not take away his shares, just his job

Zidell v. Zidell

- Brothers Arnold (P) and Emery (D) each own 37.5% of four family corporations - 3rd party sells shares to D's song, Jay > Emery and Jay now have majority control of company - Emery increases jay's salary but not Arnold's > Arnold resigns from employment but no director position (maintains shares) - Arnold sued for breach in fiduciary duty

Tarasoff vs Board of Regents ruling

- CA Supreme court ruled medical professionals have duty to protect individuals from bodily harm that could potentially be caused by patient - New laws can be retried in civil case = remanded

State vs. Joy

- CMS, a debt-collecting agency collected funds for Stacey Fuel, but used funds to cover operational expenses because they were falling on profit - Joy, CEO of CMS, was convicted of embezzlement and appealed

Cadena commercial v TABC

- Cadena wanted to acquire ownership in TX convenience stores - Regulatory approval from TABC needed - TABC denied request and Cadena sued

Zidell vs Zidell ruling

- Company had historically retained earnings, but then the company started paying out earnings and increasing salaries - Trial judge found that D acted in bad faith and required D to pay dividends, D appealed - Decision to distribute money must be made in good faith and reflect legitimate business processes- declaration of dividends within business judgment rule - Appellate court believed D about company's need to retain money for future projects/needs - P failed to meet burden of proof that D didn't act in good faith - trail court reversed, remanded with instruction to dismiss

Quarture vs Allegheny country ruling

- Court rejected, awarded Sniderman with 33%. Plaintiff appealed. - "A promise to do what the promisor is already bound to do cannot be a consideration, for if a person gets nothing in return for his promise but that to which he is already legally entitled, the consideration is unreal." - Also, "the promise of a person to carry out a subsisting contract... is clearly no consideration, as he is doing no more than he was already obliged to do... Thus a promise to pay additional compensation for the performance by the promisee of a contract which the promisee is already under obligation to the promisor to perform is without consideration." - Sniderman gets original 10%. Original judgement reversed

Jacobson vs US ruling

- Courts initially ruled against Jacobson - J petitioned SC - Ruling: entrapment is illegal, sting operations okay - Decision by low courts reversed by SC - "The government did not prove that this predisposition was independent and not the product of the attention that the government has directed as petitioner since January 1985. Cultivating a criminal opportunity where is would no exist otherwise is not okay"

Brown vc PCOM results

- Courts ruled in Brown's favor, PCOM appealed - Judgement: based on the independent intervening clause, the aftermath of syphilis diagnosis isn't foreseeable nor proximate cause - reverse original decision - Independent intervening clause: "But for" Mr. Brown had not had an affair...

Amir Al-Dabagh v. Case Western Reserve University ruling

- Courts ruled in favor of Amir, university appealed - Judgement reversed - Student handbook was a contract, and Amir had broken contract

Trump vs Cheng ruling

- Derivative law applied in NY court - Are damages due to shareholder or company? - if damages are due to company, then it is a derivative suit

Hively vs Ivy Tech ruling

- District court dismissed because sexual orientation is not covered by Title VII of CRA - 7th circuit court agreed - en band review - Used all rules - 2 caveats 1. Sexual orientation discrimination only applies in some states 2. Hively might just have been unqualified - 7th circuit renewed and determined that discrimination based on orientation is covered by Title VII as a matter of statutory interpretation

GARWOOD PACKAGING, PNC. v. ALLEN & CO. ruling

- District court granted summary judgement to allen co, GPI appealed to SC - SC ruled that GPI should not have relied on Martin's "promises" because they were not promises reasonably understood as such by so financially sophisticated businessmen - Essence of promissory estoppal doctrine is not that plaintiff necessarily relied on promise, but that he reasonably relied on it being a promise in the sense of a legal commitment - there was no reasonable reliance

Tarasoff vs. Board of Regents of the University of California

- Doctor was treating patient she was concerned was a dangerous individual, but did not warn authorities due to doctor/patient confidentiality - Individual harmed someone and victim's family sued doctor's employer

Doughty v. Idaho Frozen Foods Corp.

- Doughty contracted to sell potato crop to IFF. Parties used form contract developed by 3rd party - Doughty was to receive base price if potato crop contained certain percentage of potatoes weighing 10oz or more. If crop contained higher percentage, price would increase. If it was lower, price would decrease.IFF could refuse deliveries containing less than 10% 10oz potatoes - Unexpected weather resulted in only 8% 10oz potatoes - Doughty breached contract, delivering his potatoes to a market where he received a higher price - Proceeds of his sale were placed in a court controlled bank account, which led Doughty to file declaratory judgement of an unconscionable and unbinding contract

In Re Personal Restraint of Arnold

- Eddie Arnold is convicted on 2nd degree rape in 1979 and failed to register a sex offender in 2015 - The statute pushing crime has been repealed while he was in jail and there was no longer a requirement to register > no need to plead guilty

Granholm vs Heald ruling

- Federal district court ruled for MI and sixth circuit ruled against MI - Federal district court ruled against NY, second circuit reversed - Both state laws violated interstate commerce clause - economic discrimination was not the point of the 21st amendment - State laws violate commerce clause if they mandate differential treatment of in state vs OOS economic interests that benefit the former and burden the latter - Unconstitutional - creates disparate treatment

GARWOOD PACKAGING, PNC. v. ALLEN & CO.

- Garwood packaging had run up debts and engaged Martin from Allen and co to help find an investor - Martin claimed he would see the deal go through "come hell or high water" - GPI took many actions in response to this assurance (ex: forgiving personal loans) - The deal collapsed and GPI went bankrupt - GPI sued Allen and co and Martin for promissory estoppal

Precision Concepts Corp v. General Employment

- General Employment, an employment agency, contacted Precision regarding a job opening at Precision. Gen. Employment sent a person over for an interview for the job and eventually that person was hired for the position at Precision. - Precision refused to pay the fee to General Employment because they claimed there was no contract between them. - Gen. Employment claimed this was a breach of contract.

Smith v. Gross

- Gross used promotional newsletter to have buyer-investors raise earthworms for him to sell to fishermen. He provided instructions, indicated that the worms would multiply 64 times in a year, and he would buy the worms for $2.25/lb. - After buying worms, Smith sued saying that the worms only grew 8 times/year, and the price was much higher than market value. - Smith claimed that Gross violated the federal securities laws by making false representations.

TWA v hardish ruling

- Harrison lost - while he did request a reasonable accommodation, his request would have caused TWA an undue hardship

TWA v. Hardison

- Harrison requests Sundays off for religious purposes - Sunday is TWA's busiest air traffic control day of the week

Hartland computer vs Insurance Man

- Hartland lent computer bought from Multitask to Insurance Man for 36-month contract - Contract states that if IM has computer/technical issues they must go straight to vendor for repairs (Multitask) - IM has computer problems and refuses to pay lease payment to Hartland even though payments are due regardless of condition of computers - Hartland sues for unpaid lease for X months

Gilliam v. Hi-Temp Products, Inc.

- Hi-Temp sold asbestos products. Exposure to some of these products caused asbestos-related diseases. Many individuals sued Hi-Temp frequently and continuously after mid 1980s. In 1992 Hi-Temp ceased business operations and in 1993 made dissolution effective. - Hi-Temp then made a "complete distribution of all of its corporate assets" by selling them. It is undisputed that Hi-Temp made a final distribution of assets in the amount of $9571.99. Hi-Temp published notices of dissolution in a newspaper in 1993, 1996, and 1998. Hi-Temp also gave notice of its dissolution through its counsel directly to plaintiffs' counsel in 1993 and 1998. - All claims against a dissolved corporation are barred unless " the claimant commences a proceeding to enforce the claim against the dissolved corporation within 1 year after the publication date. - Plaintiffs' actions alleging personal injury or death due to Hi-Temp's products were filed after 1 year. - In all cases, Hi-Temp moved for summary disposition, asserting the statutory bar to claims filed more than one year after publication of notice. - Plaintiffs argued that they had shown good cause for not presenting their latent claims earlier and that Hi-Temp's insurance coverage was an undistributed asset.

US v O'Hagan ruling

- If confidential information is misappropriated in breach of fiduciary obligation to the source of the information, then 10b and 10b5 are violated - We don't want fiduciaries turned traitor - Breach of duty now owed to trading partner, but sources of information.

F&M Marketing vs Chistenberry Trucking

- In 2012, F&M had won a judgement for breach of contract - Trucking co couldn't pay debts to F&M trucking due to years of bad business - CTF was dissolved that same year - no assets to satisfy judgement - F&M goes after sole owner to pay - obliterates liability protection if granted - Should the corporate veil be pierced and its sole SH be liable for debt owed to F&M Marketing? - Proof must show disregarding corporate entity is necessary for administration of justice

Ashcroft vs Iqbal ruling

- Interlocutory appeal - Did the complainant have enough evidence to make it past threshold in court - Ashcroft filed MTS - Conceivable vs plausible - No legal claim: detaining of Muslims was justified do to events of 9/11 - MTD granted - The Supreme Court said that the plaintiff did not have sufficient evidence and would need to regroup and try again at the lower courts. - Iqbal settled eventually and received a large sum of money.

SPEAKERS OF SPORT, INC. v. PROSERV, INC.

- Ivan Rodriguez had a contract with Speakers, then broke the contract with speakers to sign a contract with ProServ. - Speakers filed a suit against Proserv, saying that the ProServe had made a promise to Rodriguez Tortiously inducted him to terminate his contract with speaker. - Speakers claimed tort of interference with business relationships

Jacobson vs. United States

- Jacobson ordered two child pornography magazine at a time when it was legal - Child Protection Act of 1984 made it illegal - After seeing Jacobson's name on the bookstore mailing list, 2 governmental agencies sent similar mail to him in an attempt to see if he would break law again - Jacobson ordered illegal materials and was arrested - Jacobson claimed entrapment defense

City of LA vs Patel

- LA municipal code requirement that "every operator of a hotel keep a record" and have it available for administrative agencies to inspect upon demand as a matter of privacy and public safety - Is this a violation of the fourth amendment (illegal search and seizure?) - Searches without probably cause are presumed to be unethical - but this is an acceptable "administrative search" - Hotel operators have no opportunity for a neutral decision maker to conduct a "pre-compliance review"

Hively v. Ivy Tech

- Lively was a part time adjunct teacher as IT - Over 14 years, lively applied for 6 full time jobs but was never hired - Eventually, her contract was cancelled - Hively sued for Title VII discrimination based on sexual orientation

BMS vs Superior court ruling

- Lowe court ruled CA had specific jurisdiction based on sliding scale approach - BMS could be tried in CA - Went to supreme court, used Calder effects test to try BMS 1. Must show intentional acts 2. Must show acts were aimed at forum state 3. Must show D caused harm and new acts would cause harm - Supreme court ruled BMS did not meet requirement #2, CA has no specific jurisdiction - reversed decision

US v. O'Hagan

- O'Hagan worked for a law firm that was hired by Grand Metro PLC to create a tender offer for Pillsbury stock - O'Hagan started by stocks and options - Law firm withdrew representation but Pillsbury continued any way, and after public announcement of tender offer, Hagan made $4.3 million - O'Hagan is accused of violating 10b of Act of 1934 and 10b5 of SEC rules

Okoli vs Baltimore

- Okoli's male boss was constantly saying inappropriate things to her and inappropriately touching her - Okoli recognized that no men were receiving similar treatment, and sued the city of Baltimore for sexual harassment - Baltimore = her boss' boss - District judge original ruled no HWE, appealed - Sent back to jury because appellate sees potential HWE, QPQ, and retaliation - Unknown verdict

Brown vs. Philadelphia College of Osteopathic Medicine

- PCOM said Brown's baby was born with syphilis and contracted it from mother - Revealed Mr. Brown was cheating > distrust and divorce - Then found out that syphilis test was false positive - Sued PCOM for negligence

POM Wonderful v. Coca-Cola

- POM sued coke for "pom flavored juice" which took part of their revenue share - Cokes juice contained little actual pom juice, but a mix of 5 other flavors - POM claimed Coke mislabeled - FDCS and Article 43 of Lanham Act - conflicting federal laws - POM claimed compliance with both was possible

Magee vs BEA Construction

- PR contractors, BEA, hired to build home in NJ for $85k - could there be SMJ/diversity of citizenship? - builders did not follow contract (oral contract) - Followed up with secondary contract - still not follow = breach of contract, and brought to court - Issue: did construction company filed case properly? - No

Soldano v. O'Daniels

- Plaintiff's father shot & killed at saloon, patron came into Circle Inn & asked bartender to call police or let him use the phone, bartender refused - Plaintiff alleges: Circle Inn employee did not fulfill his legal duty to help

Marbury vs. Madison case

- President Adams nominated judges for DC, senator confirmed - Adams administration did not deliver all appointments before term ended - Jefferson took office and although his secretary state was supposed to deliver appointments, Jefferson instructed him not to - Adams sued federal government to challenged Jefferson - At this time, there were little precedents to follow

Quarture v. Allegheny County

- Quarture (plaintiff) hired Sniderman (lawyer) to defend him in a suit against Allegheny County for taking some of his land to expand a state highway. - Sniderman's payment was 10% of whatever the reward would be (in this case 10% of $1,650). Quarture was dissatisfied with the amount and wanted to appeal. - In this appeal, Quarture agreed to pay Sniderman 33% of whatever the new amount would be ($987 of $2,961). - S made a petition to the court for payment, but Q objected saying that "the promise to pay the larger percentage was not supported by consideration", so S is bound by original 10% contract.

Gonzalez vs Raich

- Raich and Monson use/grow marijuana in CA due to medical conditions - medical marijuana is legal in CA (Compassionate Use Act) - Federal agents raided Monson's house and destroyed her plants - Respondents sued the US attorney general and the head of the DEA seeking injunctive and declaratory relief prohibiting the enforcement of CSA to the extent that it prevents them from possessing, obtaining, and manufacturing cannabis for their personal medical use

MVMA vs state farm ruling

- Recision was arbitrary and capricious: an action not based upon consideration of relevant factors. How? 1. MVMA gave no consideration to modifying the standard to require the airbag technology 2. They were too quick to dismiss the safety benefits of seatbelts 3. They failed to articulate a basis for for not retiring detachable belts under the standards - Failure to offer rational connection between facts and judgments - Ruling: administrative agencies have latitude, but it is not infinite - need a rational connection between facts and reasons

Otis Engineering Corp. v. Clark ruling

- Restatement (second) of torts - Judgement: trial court dismissed, holding Otis could not be liable because Matheson was not acting within the scope of his employment at the time of the accident - Appellate reversed, Otis appealed to SC - Respondi Superior: acts of the employees creates liability for the employer ONLY is employee acts within scopes of his employment. - It was reasonably forseeable that Matheson could harm someone when driving - Otis is responsible - SC affirms appeals decision, remanded to court trial - Not an absolute duty, but exercise some reasonable care - Otis had civil responsibility, Matheson had criminal

City of LA vs Patel ruling

- Ruled that hotels are not a "closely regulated business", like guns, liquor, or day care - In closely regulated industries, iff a crime happens there interventions are NECESSARY - not the same at hotels - Declared unconstitutional

SPEAKERS OF SPORT, INC. v. PROSERV, INC. results

- Ruling: actions are totally acceptable in this industry - old fashioned competition rather than torts - No wrongful competition or violation of industry standards/ethics

State vs joy ruling

- SC sided with states original conviction, affirmed - CMS's use of money collected from Stacey for their own operations cost is an act prohibited by embezzlement statute - intent to repay money is not a defense. End does not justify means.

McLaughlin vs Schenck

- Schenk is president of cookie tree ('81) and McLaughlin joined in '92, eventually becoming COO - Schenck wants to sell company, COO disagrees with terms > McLaughlin fired as an EMPLOYEE ONLY - McL sued for breach of fiduciary duty - can't sue for employee breach because he does not have a contract

Deskovick et al. v. Porzio

- Sons paid for their father to be hospitalized and his medical bills because they were under the impression dad couldn't afford them - Father passed away and they learned his estate would have been enough to cover the bills - The sons sued Porzio to reimburse themselves

In Re Personal restraint of Arnold

- State courts decided to "stand by things decided" - Other courts in WA say Arnold is correct and no registration is required (2 similar cases in WA) - Does parting company with precent create harm? - judges say yes - Making arnold register would send precedent that even as criminal laws change, charges would still - Arnold is vacated ***Common law is upheld even if judges don't agree with it

South Dakota vs Wayfair ruling

- States are not allows to charge tax if citizens buy item from out of state business - How/when to collect tax remains uncertain - In SD, state government only collects tax on large purchases

Marbury vs Madison ruling

- Supreme court determined the judges did not receive appointments and judiciary act is unconstitutional - Judiciary Act is unconstitutional because it enlarges size of SC beyond that permitted by constitution - Appointments will NOT be delivered - Established concept of judicial review

Gonzalez vs Raich ruling

- The district court ruled against respondents - 9th circuit reversed > Gonzalez appealed - Relied on Wickard v Filburn as precedent - "even if the appellees activity be local and through it may not be regarded as commerce, it may still be reached by commerce if it exerts a substantial economic effect on interstate commerce" - congress can regulate purely intrastate activity that is not itself commercial if it concludes that failure to undercut the regulation of the interstate markett in the commodity - Rational basis: leaving home-consumed marijuana outside federal control would similarly affect price and market conditions (high demand may drive product into interstate market if not regulated, failure to regulate would leave gaping hole in CSA)

Smith v Gross ruling

- The federal district court dismissed the action for want of subject matter jurisdiction after concluding that no "security" was involved in the case. Smiths appealed. - Appellate court: Smiths alleged that they were promised that the effort necessary to raise worms was minimal and that they could not receive the promised income unless the defendants purchased their harvest. - Investment contract 1. Investment of money 2. In a common enterprise 3. With profits to come solely from efforts of others - These were sufficient to establish an investment contract so securities law (ex: fraud) may be violated. Judgment of the district court is reversed and remanded

Gilliam v. Hi-Temp Products, Inc. Ruling

- The trial court denied Hi-Temp's motion and Hi-Temp appealed, arguing that plaintiffs' asbestos-related personal injury claims are barred because they were filed beyond the 1 year period allowed for the filing of claims after the notice of dissolution. - Appeals court decision: reversed and remanded

Walmart stores inc vs cockerel ruling

- The trial court found in favor of Cockrell. Wal-Mart appealed. - Analysis: elements of false imprisonment are, a willful detention, performed without consent, and with the authority of law. Neither Navarro nor any other store employee had seen Karl steal. - Shopkeepers privilege defense - did not have probable cause to detain, so not a defense - Result: Navarro's contemporaneous search was unreasonable in scope because he had no probable cause to believe that Cockrell had hidden any merchandise under the bandage. - AFFIRMED by Texas Court of Appeals

Hamer vs. Sidway ruling

- There WAS a contract - both promises things of value - Uncle promised $5000 and nephew did something he was not legally obligated to do - Uncle forced to pay

Precision Concepts Corp v. General Employment ruling

- Trial court ruled in favor of GE, precision appealed - Court ruled that when precision hired Tan, it was aware of the contract that they pay 1/3 of Tan's first year salary to GE. Just because they didn't like the fee, didn't mean they didn't have to pay. - Upon hiring Tan, precision made a unilateral contract with GE and thus has to pay them the fee - affirmed ruling of trial court

Carroll vs lee ruling

- Trial court ruled in favor of Judy, finding an implied contract between Judy and Paula - Paul appealed and won appellate level because Appellate found that binding precedent via Cook vs Cook didn't apply because that case involved a dual-income household and Paul was sole income earner, appealed - AZ SC found that an implied contract did exists simply based on the facts and circumstances of the relationship - reversed and remanded back to trial court

Deskovick et al. v. Porzio ruling

- Trial court ruled in favor of Porzio because no implied contract existed, Deskovick appealed, this time arguing it was a Quasi contract - Judgement: the estate was liable because of a quasi contract that arose because of a material misrepresentation that the father couldn't pay bills. - Initial judgement reversed in favor of Deskovick ***In this case, new issues were allowed to be raised during appeal - not usually allowed

Hartland computer vs insurance man ruling

- Trial court rules against Hartland, repealed - Appellate rules in favor of Hartland - "it was the equipment, not the terms of the contract, which failed to live up to your expectations" - Adhesions contracts are enforceable if they are reasonable

Doughty v. Idaho Frozen Foods Corp. results

- Trial court rules for IFF, Doughty appeals - Doughty argues substantive unconscionability to defend breach of contract - Appeals court affirms judgement in favor of IFF. Doughty entered into the contract knowing certain potato size was by chance. He tries to escape a negative occurrence and only wants to benefits from a good harvest; therefore not unconscionable - Just because a contract favors one party does not make it unconscionable.

Trump vs Cheng

- Trump was a SH in property development group and didn't agree with sale price of a Hudson river property - Trump filed lawsuit - Is this a derivative suit where he had to give notice to other SH first?

Hamer vs. Sidway

- Uncle promised nephew $5,000 plus interest if the nephew refrained from drinking, smoking, and gambling until his 21st birthday. The nephew left the money in his uncles hands to collect interest until his uncle died - Nephew upheld his end of agreement, uncle did not - claimed he bettered his life and that should be enough - Nephew had to sue to get the money from the will.

Carroll vs lee

- divorce situation were couple was never legally married. - In AZ at the time, the law said that if a person bought property with money they generated and put property in their own name, the only way an unmarried person can gain ownership rights in that property is if an agreement exists that demonstrates co-ownership

Granholm v. Heald

- law in michigan and NY that favored instate wineries favored instate distributers - restrict oos shipping - 21st amendment did not allow favoring of one group - Can use commerce clause because it indirectly affects outside state commerce - wine sellers sued for violation of dormant commerce clause (favoring instate business rather than OOS)

consent and capacity

-A person legally becomes an agent when.... -The agent himself or herself need not have capacity

Benay v. Warner Brothers Entertainment

-Benay brothers write screenplay - contend that warner bros created film from their screenplay without permission -Benay sues warner bros -Benay wrote screenplay between 1997 and 1999, registered it with writers guild in 99 and with copyright office in 2001 -Screenplay was pitched in 2000 and copy was provided to associate a few days after pitch -According to Benay's agent, he provided pitch with implicit understanding that if they wanted to use it in film, the Benays would be compensated -Agent was told that they passed, because they had a similar project in development

Shlensky v Wrigley ruling

-Courts ruled in the business judgment rule: majority SH has legal right to make decisions as long as its not done in bad faith -Wrigley acted in good faith and didn't break any rules - Shlensky loses suit

Benay v. Warner Brothers Entertainment ruling

-District court granted summary judgement for defendants, plaintiff appealed -Summary judgement was affirmed -Benays must prove substantial similarity under both the extrinsic and intrinsic test -There was not enough similarities found between the two to prove copyright infringement

elements of guaranty contract

-First, a guarantor (like Tom's millionaire uncle, in our scenario above) promises to pay the debtor's (Tom's) obligation if the debtor does not. -a guaranty promise is made for the benefit of the debtor -a guaranty promise is made to the creditor, not to the debtor.

Components on the moral minimum

-Honesty -loyalty keeping committments doing no harm

. ICM v. Digital Transactions

-ICM develops software that is customized to meet its customers' needs. Newlin and Vafa work for ICM. They leave and begin working at DTI. They take some software with them without ICMs consent or knowledge. They did not use the code but copied ideas from it. The court found them guilty of misappropriation of trade secrets. They appealed. -ICM had a trade secret and took measures to protect it including an NDA signed by both Newlin and Vafa. They also were not supposed to work for six months after leaving ICM. Affirmed

Comparative negligence

-Idea that if we are both at fault for some problem, then in the end ________ lets you get money out of case but reduced by a percent of what you caused or at fault. -Like if you were 25% at fault, you get 25% less than the total granted in court -Lets you get a reduced amount.

classified as a good

-It must be tangible. In other words, it must have a physical existence. Thus intangible property such as a patent, copyright, trademark, investment security, or contract right would not come within the scope of Article 2 -t must be movable. This requirement obviously excludes real estate, which is tangible but not movable. (Of course, almost anything, even real estate, is capable of being moved, shovel by shovel, if enough effort is expended. But the word is intended to be applied reasonably rather than literally.)

FEMA

-Lets you take time off work for certain situations -Small companies or times or illness not covered

Four basic contracts

-Pay someone's debts -Real estate -Contracts take over a year to finish -Or contracts for goods more than 500 dollars

Fraud

-Requires something important/material -Has to show that they lied to you and the material was significant

Shlensky v. Wrigley

-Shlenksy wanted Wrigley field put in lights so that they could have night games and make more profit - Wrigley (majority SH) disagreed w/o good reasoning - Shlensky sues for breach of fiduciary duty - lost money due to Wrigley's decision

Sexual harassment cases defense

-Supreme court created this for employers even when the requisite degree of supervisory involvement exists. -The defense strongly encourages employers to have anti-harassment policies in the workplace. -For this defense to be applicable, the following must be proved: 1. The employee did not suffer a tangible job detriment, such as discharge, demotion, undesirable reassignment, and so forth. If there was such a detriment to the employee, the defense does not exist. (Therefore, this defense usually fails in quid pro quo sexual harassment cases, because in such cases a tangible job detriment usually occurs. The defense is commonly available in hostile environment cases, however.) 2. The employer had adopted, publicized and enforced a company policy condemning sexual harassment that provided a clear procedure for employees to make complaints. The complaint procedure must provide a means for the employee to go over the head of a supervisor when the supervisor is the alleged harasser. 3. If the employee did not suffer a tangible job detriment, and the employer had a clear and well publicized policy against sexual harassment with adequate complaint procedures, the employer is not liable for the Title VII violation if the employee failed to use these complaint procedures.

Oxford health care plans vs Sutter ruling

-There was a provision in contract stating that any disputes > arbitration - Oxford tried to block decision in court saying that class action it should result in a trial, seeking to litigate class action suit in hopes that higher costs would make doctors drop suits - Arbiter decided that both individual and class claims could be settled by arbitration - SC affirmed arbiters decision to keep case in arbitration per contract - arbiter made "good faith attempt" to interpret contract

Peppercorn Rule

-To the notion that consideration exists if both sides gets something of measurable value or anything of measurable value -It doenst matter if both get equal values, as long as something gets something small, consideration rules are happy -If sell pen for 1000, it's overpriced but you get something -Consideration rules happy if theres some value

Exculpatory clause

-Waivers like not responsible for property clauses -If it's a recreational activity, then the clause really can't sue like baseball game -Dont work for non-recreational like valet if they damage car then must pay it

elements of an offer

-a manifestation of an intent to contract. -a reasonably definite indication of what the two sides are to do -a communication of the proposal to the intended offeree.

the view that corporations are moral agents

-action is motivated by corporate purposes rather than personal reasons, participating individuals may not view their conduct as "really their own." - member of a group may feel that there is "safety in numbers." -formal lines of authority and accountability within the organization may be fuzzy, thus increasing the chances that no single person really feels responsible -communication among individuals within the decision-making group may be less than perfect, and thus different individuals or subgroups may be acting on the basis of somewhat different facts and assumptions

adjudicated insane

-court has ruled person to be legally insane during hearings and examinations -a guardian is appointed -any contract they made is void and no liability

intentional infliction of mental distress

-defendant must act intentionally or recklessly -defendant's conduct must be extreme and outrageous -plantiff's emotional distress must be severe

federal court system

-established by the constitution -in three different categories: specialized US courts, U.S. District Courts, Appellate courts

Genericide

-generic part of language, can lose trademark status -Idea that trademarks have to be renewed every 10 years -Brand name gets to be part of popular language and company doesn't get it trademarked after a while -Aspirin used to be a trademark but then became a regular term for headache reliever so everyone makes it reliever aspirin name

Minors

-get a cold refund -If under 18, can anew contracts if theyre before 18 or made it before they are 18 -Can get a full refund most of the time. -Some things aren't like that, like necessaries as a minor. If you buy necessaries you probably cant get a refund. Things like count this is clothes, food, bus tickets, medical bills.

How to encourage employees to act ethically

-hiring ethical people -treating employees well -making a code of ethics -effective ethics training -structuring compensation -vigilance

types of substaintial contacts

-if nonresident has had continuing contact with forum state -insufficient basis for general personal jurisdiction, the court may still be able to obtain jurisdiction over the nonresident defendent is the NR has intentionally gone nad comitted in another sate

insane in fact

-incapable of understanding nature and effect of the particular agreement - insane delusions on some matters and competent on others

types of Misappropriation

-information disclosed by former employees -conduct that is independantly illegal -legal conduct that intentionally seeks to overcome security measures

people who can form voidable contracts

-minors -mentally imcompetent persons -intoxicated persons

Acceptance

-must demonstrate a definite, present intent to accept the offer -must be unconditional and not add any terms that are additional to or different those of the offer -must be legally communicated to the offerer's agent

requirements for patentability

-must have utility -must involve patentable subject matter -novely -nonobviousness

So, even if the complete contract is not in writing, a sufficient written memorandum may satisfy the statute of fraud's requirements. They require the following in writing

-names of both parties -subjects matter of the contract -consideration to be paid -signature of the defendant -any other terms that might be material under circumstances

why do agreements lack legal purpose

-one of the parties is not licensed to perform the work that the agreement requires

Age Discrimination in Employment Act

-passed in 1967 -prohibits discrimination based on age against anyone age 40 and over

elements of consideration

-promisees must suffer a legal detriment by doing something they are not already obligated to do or refraining from doing something they are legally entitled to do -the detriment must induce the promise -the promise must induce the detriment

______ would probably endorse killing the Joker, based on comparing the many lives saved against the one life lost. ______ would focus on the act of murder itself, rather than the consequences. While it may be preferable for the Joker to be dead, it may not be morally right for any person (such as Batman) to kill him. More generally, while the Joker is evil, he is still a human being, and is thus deserving of at least a minimal level of respect and humanity. Finally, _____ would highlight the character of the person who kills the Joker. Does Batman want to be the kind of person that takes his enemies' lives? If he killed the Joker, would he be able to stop there, or would every two-bit thug get the same treatment?2

-utilitaranism -deontology -virtue ethics

exceptional circumstances of duties

1) duties arising out of contracts which expressly prohibit delegation, and (2) contracts in which the obligee has a "substantial interest" in having the obligor-delegator perform personally.

Prima Facie for quid pro quo

1. Belongs to protected group 2. Experiencing unwelcome sexual harassment 3. Based on sex 4. Harassment is related to job/promotion 5. Employer takes no rendition

Required characteristics of a valid contract

1. It must start with a valid offer. 2. The offer must be accepted. 3. Consideration must be present. 4. All sides must have the capacity to make a contract. 5. All sides must assent to the agreement. 6. The agreement must have a legal purpose. 7. And sometimes, but by no means always, the agreement must be in writing

the Copyright Act

1. Literary works. The term ''literary'' is used very broadly, and includes things like books, poems, stories, newspapers, magazines, web pages, computer software, etc. 2. Musical works and sound recordings. 3. Dramatic works, like a play. 4. Pictorial, graphic, and sculptural works. 5. Motion pictures. 6. Architectural works

ways that the UCC details in which a person/org can be considered a merchant

1. One who "deals in goods of the kind" that are involved under the particular contract in question is a merchant; thus, not only retailers but also wholesalers and even manufacturers are merchants. A party is considered a merchant, however, only for the types of goods dealt with regularly in his or her business. That is, a merchant in one type of goods is not a merchant for all purposes. 2.Even if a person does not regularly"deal"in a particular type of goods, he is never the less a merchant if he "by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction." 3. If a party is not a merchant under either of the first two categories, he or she may nevertheless be treated as one by employing a merchant to act in his or her behalf in a particular transaction. The UCC states that one is a merchant if one employs "an agent or broker or other intermediary who by his occupation holds himself out" as having knowledge or skill peculiar to the goods or practices involved in the transaction. Suppose, for example, that Smith, who does not regularly deal in grain, hires a professional grain broker to procure a large quantity of feed for Smith's cattle. In this situation Smith is considered a merchant.

elements of fraud

1. That defendant made a misrepresentation of a material, or important, fact. 2. That the statement was made with the intent to deceive (i.e., defendant knew or should have known that the statement was false). 3. That plaintiff reasonably relied on the misrepresentation. 4. That plaintiff suffered an injury as a result.

Some rights, however, cannot be assigned without the obligor's consent.

1. The terms of the contract expressly prohibit assignment by one or both parties. 2. The contract is ''personal'' in nature; specifically, the right in question involves a substantial personal relationship between the original parties to the contract. If X, for example, agrees to be Y's personal assistant for one year, any assignment by Y of the right to X's services would be invalid unless X consented to it. 3. The assignment would materially alter the duties of the obligor. For example: S, of Columbus, Ohio, agrees to sell certain goods to B, also of Columbus, with the contract providing that "S will deliver the goods to the buyer's place of business." If B assigned this contract to a company in Los Angeles, S's obligation would be drastically changed and he would not be bound by the assignment unless he consented to it.

Prima Facie for hostile work environment

1. Unwelcome conduct 2. Based on plaintiffs sex 3. Sufficiently severe or pervasive enough to create an abusive work environment 4. Imputable to employer

levels of state court

1. courts of limited jurisdiction 2. general trial courts 3. appellate courts

What is US vs O'Hagan an example of?

10b5 misappropriation

how many jurors are there usually

12 with different variation

Appellate courts

13 courts of appeal. 11 of these locaetd in circuits and hear appeals from district courts located in the states withinn their respective boundaries. they also hear appeals from the rulings of federal admin agencies

Mailbox Rule

2 parts: if people are discussing offer not on real time but by fax, voice message, by letter, accept messages are accepted WHEN THEYRE SENT even if guy doesn't check message for a few days. End an offer or rejecting or cancel doesn't count till other person gets the message. There's a delay in the ending of the offer or termination

how many days must someone respond within a time period?

20 days in federal district courts and about the same in state courts

patents duration

20 years

Mediation

90% of these cases that go through this settle out of the court.

Approximatly ______ of lawsuits are resolved without a trial. Sometimes disposed by pretrial action, summary judgement, but usually a negotiated settlement.

95%

Bristol-Myers Squibb

> Over 600 plaintiffs brought suit against Bristol Myers Squibb in California > It's a Delaware company with HQ in New York > $900 million in CA sales (1% of company revenue) > California says Specific Person Jurisdiction exists> BMS moved to dismiss the lawsuit for lack of general PJ, although California courts did not have general PJ they argued that they had Specific PJ- BMS appealed> General jurisdiction comes from place or residence or corporate "home" → suit for anything (NY, CA, and DE) > Specific jurisdiction suit must arise from contacts with forum state (state where lawsuit takes place) → suit for this issue only > At Issue: California "Sliding Scale Approach" to specific jurisdiction... includes contacts unrelated to claims > Supreme Court reverses decisions of California SC

A jury determines whether particular testimony or other evidence is believable and how much strength it seems to have as proof. If two witnesses contradict each other, the jury decides which is telling the truth, or at least more of the truth. A. true B. False

A

A promises on June 1, 2020, to perform for two-hours at a wedding reception on August 12, 2021. Does this contract need to be in writing to satisfy the Statute of Frauds? A. Yes B. No

A

After a long day of creating online course materials, Prentice and Bredeson have a fender- bender in the faculty parking lot. They briefly consider fighting, but they soon realize that neither is particularly good at fighting, so they decide to sue each other instead. At trial, the evidence shows that at the time of the accident, Prentice was behind the wheel eating a cheeseburger and fiddling with his radio, and that Bredeson was talking on two cell phones. The jury concludes that the wreck was 60% Bredeson's fault and 40% Prentice's fault. Bredeson will recover 40% of his losses in which type of system? A. pure comparative negligence B. modified comparative negligence C. bothAandB D. none of the above

A

Jack and Jill each own a Chewbacca action figure. Jill's is even still in its original box. Their toys, like most of the figures from the same production run have a problem - the feet fall off at the slightest touch. The few figures in the world that have sturdy feet are worth fifty times what the flawed figures are worth. Carl Collector talks to Jack over the phone. "Does the Chewie you are selling have the 'feet fall off' thing?" he asks. Jack glances at his footless action figure. "Nope," he replies. Carl agrees to buy it. Carl next calls Jill and asks her the same question. Jill doesn't know one way or the other, since her action figure is still in the box. She could find out if she looked, but she is not about to check too closely. "No way," she says. "The feet are sturdy." Carl agrees to buy it. Jack has committed ________________, and Jill has committed __________________. A. fraud; fraud B. fraud; innocent misrepresentation C. innocent misrepresentation; fraud D. innocent misrepresentation; innocent misrepresentation

A

Max, a resident of Texas, sues the Houston Police Department after he is arrested during a protest. He claims his free speech rights under the U.S. Constitution have been violated. He seeks $50,000. Can he bring his claim to federal court? A. Yes B. No

A

Most cases that reach trial are decided by a jury. When there is a right to jury trial (and there normally is in both civil and criminal trials), a jury will be impaneled if either party formally requests one A. True B. False

A

Rick, when he was 16 years old, bought a used car from Car World for $5,000. He drove the car for a year and put 15,000 miles on the odometer. He was also involved in a minor accident. At age 17, Rick wants to disaffirm the contract with Car World and get a full $5,000 refund. Car World objects. Its owner says, "Look, the car has higher miles that it did last year, and even if it wasn't damaged from the wreck, I could only sell it for $4,000. And with the damage on top of the higher miles, I can't sell it for more than $3,000. And besides, I sold this car more than a year ago - I shouldn't have to issue any refund at all." What refund should Rick receive if a court applies the rule that is applicable in most states? A. $5,000 B. $4,000 C. $3,000 D. $0

A

Ronny sells his successful seafood restaurant to Ken. Initially, Ronny plans to retire. But in the weeks after handing the restaurant over to the new owner, many of Ronny's customers reach out to him and tell him how much they miss having him around. Ronny decides to open a brand new seafood restaurant a few blocks away from the old one. This infuriates Ken, who points out that Ronny agreed to a noncompete clause in the contract that transferred ownership of the old restaurant to Ken. In it, Ronny promised not to open a competing restaurant for one year in the same town. "It's a free country," Ronny says. "It's a new business under a new name. You only bought the old one. Leave me alone." The noncompete clause _______________ the ancillary requirement. If Ken sues to enforce it, a court probably ____________ issue an injunction ordering Ronny not to open a new restaurant for a year. A. meets; will B. meets; will not C. fails to meet; will D. fails to meet; will not

A

Vince proposes to hire Donny to mow his lawn once a week over the summer for $40 per week. The two sign an agreement to that effect. Vince is the _____________ in this relationship, and Vince __________ need to have capacity for the arrangement to be valid. A. principal; does B. principal; does not C. agent; does D. agent; does not

A

for multiple plantiff's or multiple defendant's, diversity of citizenship only exists if there is no common state citizenship on opposite sides of the case. A. True B. False

A

· After all the plaintiff's evidence has been presented, the defendant then has an opportunity to present its own evidence. The defendant's purpose will usually be to offer evidence tending to show that the plaintiff's allegations are not correct. If the defendant has asserted a defense or counterclaim, he or she also will offer evidence to meet the burden of proof on those allegations. The procedures and rules are the same when the defendant presents evidence as when the plaintiff was doing so, except that the roles obviously are reversed on direct and cross-examination. o A) True o B) False

A

· It is difficult to collect a judgement from some defendant's because of money sometimes. o A) True o B) False

A

· The judge provides instructions to guide the jury in its deliberations, and these instructions are often read aloud to the jury in open court. Several parts to it. o A) True o B) False

A

Walmart vs. Cockrell

A boy left the store, and a manager detained him and strip searched him. He sued for false imprisonment. Trial court rules for Cockrell, Wal-Mart appeals Cockrell testified that he was not free to leave when Navarro stopped him and that Navarro was not going to let him go and that three employees intimidated him into thinking he could not leave. Therefore he was detained without consent. We conclude that a rational jury could have found that there was no reason to believe a theft had occurred and therefore the employee lacked authority to detain Cockrell. Cockrell was not detained in a reasonable manner; there was no reason to believe he had stolen anything but they strip searched him anyways.

insane in fact

A contract made by someone who is _____ is treated in the same way as a contract made by a minor.

common law

A legal system based on custom and court rulings. older contract law

direct liability

A liability which arises in cases in which the officer committed an intentional or negligent tort in violation of the employing agency's orders or policies. So clearly, if you told Carl, "Forget the wet floor sign, hurry up and start on the mess in the kitchen," you would be liable for Debby's injuries.

loyalty

A moral duty of _______ is based on two facts: First, by virtue of the relationship, we have created in the other person a legitimate expectation that we will further his or her interests. Second, the relationship has placed us in a position where we have the ability to cause serious harm if we do not act in that person's interests.

debtor

A person who owes money

objective intent

A person's apparent intent is frequently referred to by the courts as. it has to do with what other people reasonably believe your intent to be

affirmative action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities. One of the only forms of distinction based on race that has been upheld by courts. Includes limited preferences to minorities in admission to state universities or in the awarding of gov contracts. Helps increase diversity, helping minority-owned businesses become est by enabling them to break into gov contract work and assisting minorities in overcoming the effects of past discrimination

fiduciary relationship

A relationship of trust and confidence, as between trustee and beneficiary, attorney and client, or principal and agent.

long arm statute

A state statute that permits a state to exercise jurisdiction over nonresident defendants. usually when they have done a tort

bait and switch

A store advertises bargains that do not really exist to lure customers in, in hopes that they will buy more expensive merchandise.

incidental beneficiary

A third party who incidentally benefits from a contract but whose benefit was not the reason the contract was formed. An incidental beneficiary has no rights in a contract and cannot sue to have the contract enforced.

defamation

Act of harming or ruining another's reputation. not protected by first amendment

C (Bob is liable on his promise to pay $60,000, even though what he received was worth much less. Al incurred a detriment when he promised to convey the land—the surrender of his right to retain the property. The presence of this detriment constituted a consideration sufficient to support Bob's promise to pay; and Bob's claim of inadequacy is therefore of no relevance.)

Al contracts to sell land in Montana to Bob for $60,000. Bob later discovers - after signing the contract but before paying for the land, that the actual value of the land is only $30,000. Even though Al did not mislead Bob in any way, Bob refuses to pay, and Al sues. Can Al enforce the contract? A. No, because of the preexisting obligation rule. B. No, because of the peppercorn rule C. Yes

D

Alice buys a copy the game Elf War on CD-Rom. She makes a single backup copy and gives the copy to her sister. Has Alice violated the game's copyright? A. No, because consumers are allowed to make a single backup copy. B. No, because of the fair use defense. C. No, for reasons A and B. D. Yes

B

Alice is distracted by her navigation system and strikes Al's car with her car. Brenda is driving 50 miles per hour over the posted speed limit while drunk, blindfolded, and talking on two cell phone when she strikes Bill's car. Which of them has likely committed an intentional tort? A. Alice B. Brenda C. BothAandB D. None of the above

disparate impact

All types of damage because of it is

What is Oxford Health care plans vs sutter an example of?

Alternative dispute resolutions - Arbitrators decisions are pretty much final, even if they are completely wrong.

degree and foreseeability

An employer sometimes can be held liable even when an employee has deviated from authorized activity. The employer's liability in such cases depends on the ____ and ____ of the deviation

A

Ann, Bob, and Carol are involved in a pro-life organization. Ann and Bob often carry signs in a picket line in a park near an abortion clinic. Ann's condemns abortions in a general way. Bob's claims that a doctor who works at the clinic across the street does not have a medical license, and the claim is untrue. Carol hands out pro-life leaflets to coworkers at a corporation where she works, but her boss asks her to stop. Which of the three have engaged in protected free speech? A. Ann B. Bob C. Carol D. Ann and Bob E. Ann and Carol

usage of trade

Any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question.

What is motor vehicle manufacturing association vs state farm and example of?

Arbitrary and capricious standards - standard for administrative agency rules and rulings & Scopes of administrative agencies

it is too late for the revocation to be effective. The offer, already accepted, has become a binding contract.

Assume that A mails an offer to B. If B mails an acceptance, there is a contract the minute the acceptance is dropped in the big blue mailbox even if the post office delays delivery. If A calls B to revoke the offer after B has mailed the acceptance....

A child says, "All my friends are allowed to text as late as they want to!" Her parents reply, "If everybody else jumped off a cliff, would you jump, too?" The child is forming her belief about acceptable conduct through a filter of... A. obedience to authority B. conformity bias C. groupthink D. the false consensus effect

B

According to an example in the module, in the 1990s, leaders at Sears Auto Centers set aggressive goals that caused many Sears employees to widely overcharge for work and to perform unnecessary repairs. Other similar examples involved Washington Mutual and Wells Fargo. The problem at the heart of the companies' troubles was... A. Failure to adopt a code of ethics B. Improperly structured compensation C. A lack of effective ethics training D. None of the above

B

Ann Agent works for Pete Principal. Pete tells her, "Drive the company truck up to Dallas, pick up a shipment of widgets from Alpha Co, and bring them back to Austin." As Ann is driving the company truck up to Dallas, it runs low on gas. Ann fills up the tank. Is Pete obligated to pay for the gas? A. Yes, because Ann had express authority to buy the gas. B. Yes, because Ann had implied authority to buy the gas. C. Yes, because Ann had apparent authority to buy the gas. D. No.

B

Consider the following three businesses and organizations: -A church requires that employees in its youth ministry be Christians. -A large computer manufacturer requires that its employees be Christians. -A small dry cleaners that employs 10 people requires that its employees be Christians. Which of these could be successfully sued under the Civil Rights Act? A. The church B. The computer manufacturer C. The dry cleaners D. B and C E. A,B,andC

B

Fred is a prospective juror in a case in which Al Attorney will be asking for $10,000,000 in damages. During voir dire questioning, Al gets the feeling that Fred will be unlikely to award such a large sum. He does not have a good argument that Fred will be biased or will fail to be impartial, but he would still like to keep him off the jury. To do so, Al will probably have to use which type of challenge? A. challenge for cause B. peremptory challenge C. neither would be effective for keeping Fred off the jury

B

June does not qualify for a car loan. She calls her aunt from the car dealership, and the aunt decides to help out her favorite niece. Over the phone, the aunt tells the general manager of the finance department, "Go ahead and loan her the money, and if she misses the payments, I'll make them." The aunt's promise ____________ contain the elements of a guaranty contract. If the car dealer makes June the loan, and if June fails to make payments, the aunt's promise ______________ be enforceable. A. does; will B. does; will not C. does not; will D. does not; will not

B

Milton Friedman argued that corporations are agents of _______________. He _______________ argue that corporations should be socially responsive. A. capital; would B. capital; would not C. society; would D. society; would not

B

Paul Plaintiff, a resident of Texas, files a lawsuit in Texas against Don Defendant, a resident of California. Don receives notice of the lawsuit, and tells his lawyer, "I don't want to travel to Texas to be sued by this guy." Don's lawyer says, "Maybe you don't have to." The lawyer argues that the Texas court lacks personal jurisdiction over Don. Paul's lawyer asserts that the court does have personal jurisdiction, and that the case should proceed. Six months before, Don travelled to Texas, signed a contract with Paul while he was there, and returned to California. He has made no other trips to Texas, and has had no other interactions with the state. In Paul's lawsuit, he alleges that Don has breached that contract. Which of the following types of personal jurisdiction does the Texas court have over Don? A. General personal jurisdiction B. Specific personal jurisdiction C. Both A and B D. None of the above

B

Picture a Rolex. Oyster Perpetual. Self-winding. Certified Chronometer. Nice. But this Rolex has a problem. Because Seller Sam once dropped it, its second hand and the shaft that turns it is bent ever so slightly. No one would really notice. But every so often, the flaw causes the movement to get stuck, and the watch stops keeping accurate time. To avoid committing fraud, does Seller Sam have an obligation to disclose this defect to Ben Buyer? A. Yes, but only if Sam is a watch expert or in the business of selling watches. B. Yes, whether or not Sam is a watch expert or in the business of selling watches. C. No, because if he does not make a false statement, he can't commit fraud.

B

Rex tries to make decisions in such a way as to benefit as many people as possible. Sam tries to treat everyone as he would wish to be treated. Rex takes a _________________ approach to decision making, and Sam follows a ______________ approach. A. utilitarian; utilitarian B. utilitarian; deontological C. deontological; utilitarian D. deontological; deontological

B

Ted is Jane's boss. Almost every week for the last two years, he has started the Monday morning meeting with a dirty joke. Most of them are about sex. Jane has had enough. Which of the following types of sexual harassment has Ted probably committed? Assume that the company does not have any particular sexual harassment policy. A. quid pro quo B. hostile work environment C. bothAandB D. none of the above

B

The general standards that constitute the smallest amount of ethical conduct necessary for the functioning of civilization are referred to as ______________________. These standards ____________ require defense or justification. A. the moral minimum; do B. the moral minimum; do not C. virtue ethics; do D. virtue ethics; do not

B

Vince goes to a baseball game. The back of his ticket says, "team is not liable for injuries in the stands." Vince has a few beers, and taunts the shortstop throughout the game. Late in the game, Vince says something very unpleasant about the shortstop's mother. The shortstop drops his glove, charges into the stands, and beats Vince senseless. When Vince gets out of the hospital, he sues the team. The team wants to escape liability, and points out that their exculpatory clause on the back of Vince's ticket covers this kind of thing. Will a court likely enforce the exculpatory clause and prevent Vince from seeking damages? A. Yes B. No

B

While at UT, he has regular teaching and committee assignments. He reports to a department chair and a Dean, and he is paid a regular salary. While working for UT, he is an _________________. When writing the books, he is commonly paid a flat rate per project. "We'll pay you X number of dollars to write a 300-page textbook on business ethics by June 1," the publisher might say. The publishers typically do not set specific hours, and he does not typically have the writing managed while it is being done. While writing the books, Bredeson is an __________. A. employee; employee B. employee; independent contractor C. independent contractor; employee D. independent contractor; independent contractor

B

· Jack loses a huge sum in a lawsuit with Pat Plaintiff, and he does not pay Pat for a long time. Pat's lawyer goes back to court and seeks the court's help in collecting what is owed. The court issues a document that empowers a sheriff to seize Jack's car and sell it at auction to raise part of the money. The court issues a second document that orders Jack's bank to deliver some of Jack's deposits into the custody of the court. The first document is a writ of ______________, and the second document is a writ of __________________. A. execution; executionB. execution; garnishmentC. garnishment; executionD. garnishment; garnishment

B

the vast majority of cases go to trial. A. True B. False

B. (Courts dismiss many cases by granting motions to dismiss or motions for summary judgment. Sometimes, a plaintiff simply gives up due to a lack of funds or desire to continue the fight.)

1930's

Beginning in the _______, the Court broadened definition of interstate commerce significantly by holding that Congress could regulate commerce occurring entirely within the border of a single state so long as the commercial activity had "any appreciable effect" on interstate or foreign commerce.

A

Bill says proudly to his friend Dean, "Look! I just got the new iPhone!" Holding it side- by-side with his old iPhone, he says, with great enthusiasm, "It's so much better! Look what it can do! Wow!" Dean thinks that the phones look about the same as Bill rambles on and on. Dean gets really, really bored for a while. But, his attention returns when Bill says, "I need to get rid of this old one. I guess it's not worth much now, not with all these upgrades on the new one!" "Hmm...can you make calls and check baseball scores on the old one?" Dean asks. "Sure, but oh baby, not like you can on the new one! I mean, the pixel count alone..." "How much would you want for it?" Dean asks. "Oh. Ah...I'll sell it to you for $50." "I'll take it," Dean says. "Oh, ah...OK," Bill says. "But, you know, I didn't really want to sell it. I, ah...I really never meant to, you know, make a real contract or anything. I was just, ah, just talking." Has Bill made an offer? A. Yes, because his objective intent was to make an offer. B. No, because his subjective intent was to not make an offer. C. No, because he did not use the word "offer" in the statement underlined above. D. No, because he did not write his offer down.

Bilateral Voidable Express Executory Governed by UCC

Billy, age 10, walks into a baseball card shop and tells the owner that he has an Aaron Judge rookie card. The owner offers to pay Billy $25 for the card if he brings it by tomorrow. Billy says, "It's a deal," shakes the owner's hand, and leaves. Select the correct descriptive terms from the pairs below that apply to this deal. unilateral -or- bilateral valid -or- voidable -or- void express -or- implied executed -or- executory governed by common law principles -or- governed by UCC principles

What is Shlensky vs Wrigley an example of?

Business Judgement Rule, derivative suit

What is speakers of sport inc vs preserve inc an example of?

Business Torts, Intentional Torts

the employer is not legally responsible for it.

But, an employer is not responsible for everything that employees might do around the clock. If an employee is clearly "off the job" - perhaps relaxing at a bar on a Saturday night - then if the employee gets into a fight...

-Ann was fired in 1960 because of her religious faith. -Ben was fired in 2018 for objectively poor work performance. -Carl was fired in 2018 because of his religious faith. Which of them would have been in a good position to sue under the Civil Rights Act and win their case? A. Ann only B. Ben only C. Carl only D. AandC E. BandC

C

A fast food restaurant in a college town would benefit from a contract between a construction firm and the university calling for the construction of a four-level parking facility on campus property just across the street from the restaurant. The builder breaches the contract with the university by refusing to go ahead with the project, and the university looks like it may scrap the plans for the parking garage altogether. Can the owner of the restaurant sue to enforce the construction contract? A. Yes, because it is a creditor beneficiary. B. Yes, because it is a donee beneficiary. C. No, because it is an incidental beneficiary. D. No, because a third party that has not signed an agreement never has rights to enforce the contract.

C

Angela is nearly nine months pregnant. She has worked for her current employer on a full time basis for the last 12 months, and her company has 16 employees. She would like to take the next nine weeks off from work. Evaluating only under the Family Medical Leave Act, what problems do you see with her expectations? A. The FMLA allows leaves only for illnesses and not for childbirth. B. Angela has not worked for her employer long enough to demand leave. C. Angela's company is not large enough to be required to comply with the FMLA D. Angela can claim up to six weeks of leave, but not the nine she desires. E. All of the above are true statements.

C

Cobb purchases a gemstone from Drury for $25 and leaves Drury's house. At the time of contracting, both parties believe the stone is a topaz. In fact, it turns out to be an uncut diamond worth $700. Drury sues. This scenario is an example of a _______________ mistake, and Drury ____________ be able to rescind the contract. A. unilateral; will B. unilateral; will not C. bilateral; will D. bilateral; will not

C

Lenny hires Richard to demolish a small office building on a property that he has acquired. Richard will used controlled explosions to bring the old building down. When he does the job, Richard uses too much dynamite. A chunk of the old building is blasted across the street and destroys Pam's parked car. Can Pam sue Lenny for Richard's action? A. Yes, if Richard is an employee of Lenny's. B. Yes, if Richard is an independent contractor. C. Yes, absolutely, whether Richard is an employee or an independent contractor. D. No, absolutely not.

C

Max sues the Houston Police Department after he is arrested during a protest. He claims his free speech rights under the U.S. Constitution have been violated. Jack sues MegaCorp over crop losses after MegaCorp dumps toxic chemicals into a river that eventually runs across his farm. He sues based on the federal Clean Water Act and also under Texas tort law. Which of these two plaintiffs could bring their case to federal court? A. Max B. Jack C. Both A and B D. None of the above

C

Paul owns two properties outside Woodsfield, Ohio. Gary, after viewing both acreages, makes Paul a written offer to purchase one for $18,000. Paul accepts the offer. It later develops that Gary had one property in mind while Paul, after reading the description contained in Gary's offer, honestly and reasonably believed that Gary was referring to the other property. Who can rescind the agreement? A. Paul B. Gary C. Both can rescind the agreement D. Neither can rescind the agreement

C

Sidney signs a contract to sell her vacation house. Tom makes an agreement to work as an engineer for a local tech company. Veronica makes a deal in which she will sell her collection of rare books. Which of these contracts would be covered by Article 2 of the Uniform Commercial Code? A. Sidney's only B. Tom's only C. Veronica's only D. AandB E. BandC

C

Zehmer is a farmer who owns the Ferguson farm. Lucy is a neighbor who has attempted to buy that farm before. Lucy sees Zehmer in a restaurant and tells him: "I bet you wouldn't take $50,000 for that farm." Zehmer replies: "Yes, I would, too. You wouldn't give fifty." The parties then talked about a potential deal for 40 minutes, writing up one version and then amending it when it dawned on them that Zehmer's wife needed to agree. The document the Zehmers signed said: "We hereby agree to sell to W.O. Lucy the Ferguson Farm complete for $50,000, title satisfactory to the buyer." The parties were drinking alcohol during this time, but were not so drunk as to not understand what they were doing. Later, when Lucy tried to pay, the Zehmers claimed that they were only kidding—it was all a big joke. Lucy sued to enforce the deal. Does a contract exist? A. No, because Zehmer lacked the required subjective intent to sell. B. No, because the offer was not sufficiently definite. C. Yes.

C

A wife attacks her husband with an ax, knocking him down. As she is about to decapitate him, a bystander intervenes, catching the ax on its downward flight. The bystander's hand is badly mutilated. The husband jumps up and promises to pay the bystander $1,000 for saving his life. When he later does not pay, the bystander sues the husband. Is consideration present that supports the promise to pay the $1000? A. Yes B. No, because the bystander did not suffer a detriment C. No, because the promise to pay did not induce the detriment D. No, because the wife caused the detriment to the bystander, and she is not a party to the lawsuit.

C. (The plaintiff has clearly suffered a detriment in that she did something that she didn't have to do (stick out her hand to save the husband's life), and it is exactly what the husband bargained for. However, the promise did not induce the detriment. That is, because the husband made his promise after the bystander acted, we cannot say that his promise caused the life-saving intervention. Thus, most courts would not enforce this promise.)

A (When a law makes distinctions based on race, courts will apply strict scrutiny. That standard requires that states demonstrate a compelling interest if they wish to seek to have the challenged law remain in place.)

Carl challenges a statute under his 14th Amendment right to equal protection. He argues that the law makes distinctions based upon race, and that it must be struck down. The court will apply ______________ scrutiny to the claim. If it wishes to keep the law in place, the government will have to convince the court that it is necessary to further a(n) ______________ state interest. A. strict; compelling B. strict; important C. intermediate; compelling D. intermediate; important

C

Carol and Debby bring separate lawsuits under their 14th Amendment right to Equal Protection. Carol challenges a law that she claims makes distinctions based on gender. Debby challenges a law that she says makes distinctions based on the income level of residents of her state. If the government wishes to keep the challenged laws in place, it will have to convince the court the law is necessary to further a(n) ______________ state interest in Carol's lawsuit and a(n) ______________ state interest in Debby's lawsuit. A. rational; rational B. rational; important C. important; rational D. important; important E. compelling; important

Most states use what system of negligence

Comparative

What is Feist publications inc vs rural telephone service co an example of?

Compilation copyright

What is Ashcroft vs Iqbal an example of?

Conceivable vs plausible and failed to plead sufficient facts

B

Consider Abner v. Doubleday, a case that will be heard by a U.S. Court of Appeals. Which of the following can you say is definitely true? A. Abner was the plaintiff in the original lawsuit brought to district court. B. Abner is bringing the appeal to the U.S. Court of Appeals. C. Abner was the defendant in the original lawsuit brought to district court. D. Both A and B are definitely true. E. None of the above are definitely true.

What is hamer vs sidway an example of?

Consideration

What is quarture vs allegheny an example of?

Consideration

What is Garwood packaging PNC vs allen and co an example of?

Consideration/promissory estoppal

procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power. People will be treated fairly and such

Oxford Health Care Plans LLC v. Sutter

Context: Oxford brought a class lawsuit by physician Sutter to arbitration to decide if class arbitration for the real problem is what should be done. - Arbiter said yes, contract stipulates that you must use an arbitrator and class arbitration is the way to go (vs. regular arbitration vs just Sutter)

What is hartland computer vs insurance man an example of?

Contract of adhesion

Contractors

Contractors tend to be paid by the job, and often in a lump sum. An independent contractor might be paid $10,000 to upgrade a firm's computer network, or $500 to repair a hole in an office building's wall.

What is benay vs warner bros an example of?

Copyright infringement

What is Suntrust bank vs Houghton Mifflin an example of?

Copyright infringement - satire

Soldano vs O'Daniels ruling

Court held: - Harm was foreseeable & imminent, certainty of injury - While may not have had a duty to help, DID have a duty to NOT HINDER others from helping --> so yes, he was liable Big Idea: foreseeability, action vs inaction

misapporpriation

Courts treat employees as having an implied obligation of confidentiality to their employers in almost all cases. An employee who acquires trade secret knowledge as a result of an employment relationship commits an act of misappropriation if she intentionally uses the information for her own benefit or discloses it to someone outside the employment relationship either while still an employee or afterwards. If the employee goes to work for another company and discloses or uses the information in her subsequent job, the new employer also will be liable for misappropriation if a manager or supervisor knows about it or as a reasonable person should know about it.

UCC section 2

Covers sales of goods such as things. Physical obejcts computer, desk such, must sell things and tangible objects. NOT real estate and land

Podias vs Mairs ruling

Criminal: possible manslaughter Civil: wrongful death Set precedent for good samaritan law: "notion of fairness and common decency and is in account with public policy" > duty to make reasonable effort to give assistance/avoid further harm Amended law: cant leave scene of an accident Case was reversed an remanded and retried in lower court with new law

A recent study found that people who are in the center of social networks, who acts as brokers of information for others in the network, are more likely to believe that these others share their moral judgments than are other members of the networks. This finding indicates that people at the center of social networks are especially susceptible to the phenomenon of: A. obedience to authority B. conformitybias C. groupthink D. the false consensus effect

D

Gary is 50 years old, and is addicted to opioids. One morning, he takes a massive dose of Oxycontin, and when he arrives at work, he crashes his car into his boss' SUV. "That's it - you're fired!" yells the boss. Which of the following laws can Gary use to get his job back? Assume that Gary's company has 40 employees. A. The ADA B. The ADEA C. The Civil Rights Act D. None of the above

D

Paul Plaintiff, a resident of Texas, files a lawsuit in Texas against Don Defendant, a resident of California. Don receives notice of the lawsuit, and tells his lawyer, "I don't want to travel to Texas to be sued by this guy." Don's lawyer says, "Maybe you don't have to." The lawyer argues that the Texas court lacks personal jurisdiction over Don. Don's lawyer asserts in a court filing that the court does have personal jurisdiction, and that the case should not proceed. He does not say anything else about the case in the filing. Don's lawyer has filed a(n) _____________________ . This action ______________ give the Texas court personal jurisdiction over Don. A. appearance; does B. appearance; does not C. special appearance; does D. special appearance; does not

D

The idea of a social contract supports the view that corporations are agents of _______________. The concept of group dynamics as it applies in corporate settings supports the view that corporations are agents of ______________. A. capital; capital B. capital; society C. society; capital D. society; society

D

· Zena signs an arbitration agreement on her first day at a new job in which she agrees that if she has any disputes with the company in the future, she will not sue and will only pursue a remedy in arbitration. A year later, Zena has a car accident with Barry. Afterwards, they sign an agreement that they will arbitrate the dispute. A month after that, Zena does not get an expected promotion at work, and she thinks it is because her supervisor dislikes her personally and not because of the quality of her work. Now, Zena is upset at both her employer and at Barry, and she would like to "have her day in court" with both of them. That is to say, she wants to sue both, and not go through arbitration. Can she do so? A. She can sue her company onlyB. She can sue Barry onlyC. She can sue both her company and Barry D. No, she must arbitrate both disputes.

D

D suffered no additional detriment in exchange for G's promise to pay more

D contracts to drill a seventy-foot well for G for $2000. After he commences work, D complains that he is going to lose money on the job and may not finish it unless he gets more money. G then says: "All right. Finish up and I'll pay you $1000 extra." D then completes the job, but G refuses to pay the additional $1000. D sues to hold G to his promise. In this situation most courts would rule that D's act of completing the well was simply the performance of his original obligation under his original contract, and that he cannot enforce G's promise to pay the additional money. What's the outcome?

Consider the following people, and whether each has the ability to disaffirm a contract.-Al is insane in fact. He signed an agreement, and he understood its nature and effect.-Bob has consumed five beers. He signed an agreement, and he understood its nature and effect. Which of these people can disaffirm their contract? A. Al B. Bob C. Both Al and Bob D. Neither Al nor Bob

D. (It is not enough to be insane in fact or intoxicated. In addition, one must be unable to understand the nature and effect of the agreement made to be able to disaffirm.)

What is Jacobson vs US an example of?

Defense of entrapment

What is Trump vs Cheng an example of?

Derivative suit - a suit brought on on behalf of a SH of a company against a third party, "step into shoes of entity"

Sorrell v. IMS Health, Inc.

Detailers sell drugs to doctors. They can do this better if they have good information on what a doctor has prescribed in the past. Pharmacies can sell this information to data-miners, who leverage it and sell it to detailers. Vermont passed a law preventing the sale of this information because the goals of the marketers were in conflict with those of the state, detailing often causes doctors to make decisions based on incomplete and biased information, and excessive reliance on name brand drugs drives up health care costs. The Court of Appeals reversed, holding that it burdened free speech without adequate justification. It was affirmed

What is South Dakota vs Wafair and example of?

Direct conflict

What is TWA vs Harrison and example of?

Discrimination

What is the Abercrombie Case an example of?

Discrimination

What is in re personal restraint of arnold an example of?

Double Jeopardy and precedents

Podias vs Mars

Drunk Driving Case, left the body in the road, body was killed by another vehicle → are the passengers responsible? Sufficient evidence for a jury to find defendants liable for negligence because they had aided and abetted Mairs' wrongful post-accident conduct by not acting reasonably under circumstances to assist Podias, such as calling 911. > Good Samaritan Laws: "notions of fairness and common decency and is in accord with public policy" ⇒ duty to make reasonable effort to give assistance/avoid further harm > Precedent = primary law = case code → judge created law > Precedents represent small movements in the direction society wants the law to go > Criminal case = drunk driving > Civil case = are the passengers, Swanson and Newell, responsible? > Innocent bystander BUT social policy justifies a duty to act when there is: foreseeability ⇒ decision "reversed and remanded" (aka affirmed) and sent back to trial

C

DuPont was constructing a large refining plant designed to enable the use of its new, secret process for producing methanol. Someone who knows a great deal about such refining processes could figure out how DuPont's new process worked by seeing and studying the facility under construction, and so DuPont put security measures in place as the plant was under construction, including a privacy fence around the construction site, restricted access with locked gates, ID checks, and guards who patrolled the perimeter. But, a competitor rented a small airplane, flew over the construction site, and took aerial photographs. (In more modern times, drones would make this kind of thing much, much easier.) DuPont sued. The defendant competitor claimed that the plant design should not count as a trade secret because DuPont did not take reasonable steps to protect the design. Will the plant design be determined to be a trade secret? A. No, because it is not the kind of thing that can be a trade secret. B. No, because DuPont did not take reasonable measures to protect the design. C. Yes

What is Tarasoff vs Board of regents an example of?

Duty and foreseeability tort

Which of the following tend to increase the chances that employees will act ethically? A. Hiring ethical people B. Treating employees well C. Adopting a code of ethics D. Conducting effective ethics training E. All of the above

E

Sid works at a day care. Most of his coworkers are women. By all accounts, he does a good job caring for the children in his care. One night, the owner of the day care runs into Sid outside a movie theater. Sid is smoking. The owner fires Sid on the spot, citing a strict no smoking policy that is part of Sid's employment contract. "We can't have smokers around the children," she says. The next day, the owner hires a woman to take over Sid's duties. Sid sues. He argues that lots of his coworkers, men and women, smoke when off-duty. He presents evidence that 3 men have been caught smoking in the last few years, and 5 women. The men were all fired, and none of the women were fired. Which of the following is probably true? A. Sid has established a prima facie case of disparate treatment discrimination. B. The employer will be able to rebut the prima facie case by arguing a legitimate business reason for the firing (the violation of the no smoking policy) C. Sid will be able to argue that the rebuttal is a mere pretext for his firing. D. AandB E. A, B, and C.

E (Sid probably has plenty of evidence to survive an attempt to have the case dismissed. And the owner, because Sid violated a term of his employment contract, can probably rebut the initial claim. But if it is true that men who break the rule are fired and women are not, Sid can probably successfully assert that the owner's stated reason for firing him is a mere pretext for intentional discrimination based on gender.)

Seperation of powers

Each branch of the federal government is supposed to exercise only those powers given to expressely given to by Congress.

____ paid reguarly.

Employees. (Employees are paid regularly. One employee might receive a salary of $50,000 per year. Another might be paid $15 per hour)

Tiffany v. Boston club

First, such use weakens the "Tiffany" mark by diminishing, or diluting, its distinctiveness. And if the bar is allowed to use the mark, others also would be able to use it for unrelated goods or services, thus having a cumulative effect of further dilution over time. Tiffany could sue for dilution because the strength and clarity of its mark would be diluted or "blurred" by these other uses. Second, this type of use may also undermine the positive image of the "Tiffany" mark if it is no longer restricted to luxury products. This type of dilution claim is called disparagement or tarnishment. In the end, the Tiffany bar had to change its name. In a similar case, a pornographic web site was not allowed to use the famous "Barbie" trademark because of anti-dilution laws.

Copyright Act

For example, a nonprofit library may make a copy of a work for archival purposes. An owner of a lawful copy of computer software may make a copy that is necessary for the software to be used (such as copying from a CD to the computer's hard drive), as well as one backup copy. Also, someone who has purchased or otherwise lawfully acquired a copyrighted work is allowed resell or give away that copy. But, it is not legal to make copies of a software program, movies, or the like for friends and family.

SEC vs. Ginsburg

Ginsburg, the CEO of Evergreen Media, met with two corporations about acquisition of their company. Ginsburg called both his brother and his father and informed them of the acquisitions. Both the brother and the father bought large amounts of stocks for both acquisitions and sold them once the stock price rose to make large amounts of money. The SEC brought charges of civil insider trading against Ginsburg alleging that he had communicated material that was nonpublic to his bother and his father.

What is Soldano vs O'Daniels an example of?

Good Samaritan Laws

What is Zidell vs Zidell an example of?

Good faith and fair dealing

What is Podias vs Mairs and example of?

Good samaritan laws, possibly precedents

Patent

Granted by the government. An application must be filed with the PTO. The application specifies the names of the inventor or inventors and who owns the patent if the owner is someone other than the inventors. Much more often than not, there will be an "assignee-at-issue," which is usually a corporation that employed the inventors. The application must contain a thorough and concise description of the invention and drawings of it. The description and drawings together must describe the invention with sufficient thoroughness and conciseness to enable a hypothetical ''person having ordinary skill in the art'' - here "art" refers to the relevant field of technology - to make the invention and put it into practice without undue experimentation.

What is state vs joy and example of?

Guilty act, guilty mind - embezzlement

TWA v. Hardison

Hardison worked in a department of TWA that had to operate 7 days a week, 24 hours a day. He became an adherent of a religious denomination that observed a Saturday Sabbath, and tried to get all Saturdays off. The collective bargaining agreement between TWA and the labor union included a seniority system that controlled many aspects of employment, including priorities in getting particular days off. Hardison did not have enough seniority to get Saturdays off most of the time. TWA tried unsuccessfully to find other employees who would voluntarily switch days with him so that he would not have to work Saturdays. Hardison requested that TWA use supervisors to fill in for him, hire additional personnel, or require other employees to switch with him regardless of seniority. TWA declined, Hardison refused to work on Saturday, and the employer fired him. When Hardison claimed a Title VII violation, the Supreme Court ruled that TWA had acted acceptably. The company fulfilled its obligation to make reasonable accommodation by reducing Hardison's weekend shifts to a minimum and trying to find volunteers to trade shifts.

defamation

Has two basic forms, libel and slander

Children

Have a special dity of care: Children and esp younger children have a lower than usual duty of care than adults. A person under 18 has only the duty to act as a reasonable child of his/her own age.

owners and occupiers of land

Have a special duty of care. · Issues with trespassing/licenses usually. They don't have any obligation to trespassers other than not to injury them inteitonally. If a trespasser breaks an ankle then you don't owe them damages. Licensees may sue for injuries caused by hidden dangers that they should have been warned about because owner knew about it. Invitees may sue for injuries related to all reasonably discovered hidden dangers.

B (You have rejected my original offer (to sell the pen for $1) and have replaced it with a counteroffer (to pay $0.50), which I have rejected. It is too late for you to accept my original offer, because once terminated, an offer cannot be accepted. No deal.)

I say to you, "I'll sell you this pen for one dollar." "How about 50 cents?" you ask. "Well, I don't really know much about rap," I reply. "No," you say, shaking your head. "For the pen. I'll pay you 50 cents for the pen." "Ah," I say. "No, that's not enough." "OK, OK, I'll buy it for $1," you say. Do we have an accepted offer? A. Yes B. No

descriptive

Identifis a characteristics of a product, and they are sometimes protectable.

affirmative conduct

If Sue is carefully driving down the street and is hit by a car that runs a red light, and if as a result Sue's car is pushed into a pedestrian, Sue has not committed assault or battery. Although the pedestrian has been made apprehensive (assuming she saw the accident as it happened) and has endured harmful contact, Sue committed no affirmative act that caused the injuries. Now, if while driving down the street, Sue spotted an enemy and deliberately ran into that person in a crosswalk, she would have committed an assault and battery.

doesn't

If a competitor develops the same knowledge on its own, such independent development of the knowledge ______ amount to misappropriation.

Statute

If congress passes a law. generally used to refer to legal rules that have been formally adopted by legislative bodies rather than by the courts.

Anti-Dilution Statutes

If protected trademarks are deemed to be "famous," trademark rights can sometimes be asserted even when the goods or services are not similar and there is no likelihood of confusion.

prima facie

If the claim of discrimination is based on a firing rather than a refusal to hire, _________ case can be established by showing that the plaintiff is within a protected class, the plaintiff was performing the job satisfactorily, the plaintiff was fired, and the plaintiff's work was then assigned to someone who was not within the protected class.

pretext

If the employer does produce such evidence, the plaintiff will lose unless he or she can then convince the court that the employer's asserted reason was really just a _____

coworker

If the harassment is committed by a _______ , the employer can be liable only if a supervisor knows or should know about the harassment and fails to take prompt action to stop the harassment and prevent it from recurring.

Donee beneficiary

If you make contract for MY BENEFIT, then it's ____ If someone buys law insurance for spouse but it's for the spouse's benefit and they die and needs to insurance money, then it's cause the ____

clearly liable for Zack's injuries, because his employee was negligent while acting in the scope of his employment.

Imagine that Xavier, a business owner, has directed Yadi, his employee, to drive the company truck from Austin to Dallas to pick up a shipment. While on that route, Yadi drives negligently and injures Zack. In that case, Xavier is...

een liable to Zack, even though Xavier never specifically told Yadi to buy the gas.

Imagine that Xavier, a business owner, has directed Yadi, his employee, to drive the company truck from Austin to Dallas to pick up a shipment. if Yadi had stopped to buy gasoline and had negligently struck a parked car belonging to Zack, Xavier would have....

What is carroll vs lee an example of?

Implied contract - behavior can be used to assume contact is made

A. (The copyright on the screenplay will expire in 95 years because it is a work for hire, so it expires in 2115. The copyright on the novel will expire 70 years after Ron's death, or in 2110.)

In January of 2020, Ron is hired by a television network to write a screenplay as a work for hire for an upcoming episode of one of their popular programs. He delivers the work, and the episode is filmed and airs later in the year. Also in 2020, Ron writes and publishes a science fiction novel. Ron passes away in 2040. Will the copyright on the screenplay or the novel expire first? A. The screenplay B. The novel C. They will expire at the same time.

Injury

In a battery case, a plaintiff merely need show that he or she received a harmful or offensive bodily contact. For assault, the fear or apprehension must be of an imminent harmful or offensive contact. A threat of future harm or a threat by a defendant far away is insufficient to establish an assault. Similarly, attempts at violence that the intended victim does not know about until much later do not create apprehension of immediate harm. So, if D shoots and misses P from far away, and if P never realizes the shot was fired, there is no assault.

Riley vs Willis ruling

In original trial, Riley ordered to pay 60% of the damages - Reversible error: request instruction accurately state applicable law, facts of case support given instruction, instruction was necessary for jury to reach accurate decision - Riley appealed bc judge didn't inform jury that there was a dog leash law - judge gave incorrect jury instructions - Case was reversed and remanded for new trial as judge failed to mention law about having dogs on leashes

Deontological ethics

In other words, Kant suggested as an overarching standard of moral behavior the rule that people cannot make exceptions of themselves; one's behavior is morally defensible only if everyone else could do the same thing without interfering with the optimal functioning of an organized society. Each person should be treated as an end in himself, not as a means to an end. This means, among other things, that we should all treat others as we would wish to be treated, a wisdom embodied in the Golden Rule.

Conformity bias

In our decision making, we have a bias toward conforming to the actions and standards that we perceive to be accepted by our peers. In his famous experiments, psychologist Solomon Asch found that when asked to tell which of three lines was the same length as a fourth line, subjects had no difficulty whatsoever unless they were placed in an experimental condition in the presence of six actors who had been instructed by Asch to give obviously wrong answers.

reasonably necessary to accomplish a goal that has been expressly directed.

In the absence of a specific directive given by the employer, an act usually is in the scope of employment if it is

A

In the featured case Leonard v. PepsiCo, recall that Leonard saw a television ad in which a student landed a Harrier Jet at his high school, and a subtitle indicated that the cost of the jet was "7 million Pepsi Points". The plaintiff then sought to acquire 7 million Pepsi Points and to require Pepsi to hand over the plane. The appellate court decided that... A. Pepsi had not made an offer, and no contract existed. B. Leonard had not accepted the offer, and no contract existed. C. There was no consideration to support deal, so no contract existed. D. A contract existed, and Pepsi was obligated to acquire a Harrier Jet for Leonard. E. A contract existed, and Leonard was entitled to damages but not a Harrier Jet.

What is Brown vs Philadelphia College of Osteopathic Medicine an example of?

Independent intervening

Exception to title VII

It applies only to employers that have 15 or more employees. Smaller businesses are excepted

express authority

It is directly granted by the principal to the agent.

joint authors

It is relatively common for two or more people to be "joint authors," with each of them having all of the rights associated with copyright ownership. A single joint author can exercise these rights of ownership, such as granting licenses to use the copyrighted work, without the consent of the other joint author(s).

B

Jed promises to move his neighbor's furniture to a new apartment next Saturday, and the neighbor agrees to pay $300 for Jed's work. What kind of contract does Jed have with the neighbor? A. unilateral B. bilateral

What is Marbury vs Madison an example of?

Judicial Review

A (A contract was formed at 5 p.m. on June 3. Since a revocation is usually not effective until it is received, the letter that X mailed on June 2 had no effect until June 4, when Y received it. And by that time a contract had already been formed, because the acceptance counted as soon as it was sent.)

June 1- Dada recieves an offer in the mail from Mama. June 2- Mama mails letter of revocation. June 3- Dada mails acceptance at 5pm. June 4- Dada recieves the revocaton. June 5- Mama recieves Dada's acceptance. Do Mama and Dada have a contract? A. Yes, as of June 3. B. Yes, as of June 5 C. No

What is the Bristol Meyers Squibb vs Superior court an example of?

Jurisdiction

pendent jurisdiction

Jurisdiction by the federal court over nonfederal claims when both the federal and nonfederal claims derive from a common set of facts.

General Personal Jurisdiction

Jurisdiction of a state court over a nonresident defendant

University of Texas v. KST Electric, Ltd.

KST electric used a modified version of the discontinued longhorn logo for their store and is sued by UT. KST motions for summary judgement. UT's mark is famous only in a niche market an dis therefore not protectable under the TDRA. Dismissed.

WALMART STORES, INC. v. COCKRELL

Karl Cockrell and his parents went to walmart, Karl had tried to leave before a loss prevention officer had stopped, detained him and searched him for stolen items. Karl sued for false imprisonment.

Powers in the US

Legislative Executive Judicial

Copyright length

Life of creator + 70 years after death

patentable subject matter

Machines, man-made materials, products, and processes can be patented. One cannot patent natural materials like wood, or scientific principles like E = mc2.

Motion for direct verdict

Makes the same assertion as a motion for summary judegement, that a plantiff evidence on one more of the required elements of its case is either nonexistent or weak. If this is granted, the defendant wins without having to present any evidence. Otherwsie, proceed as normal. This happens at halftime between the plantiff and defendant's presentation of evidence.

The View That Corporations are Not Moral Agents

Milton Friedman, a Nobel laureate in economics. To begin with, Friedman does not view corporations as moral agents; he argues that only managers and employees as individuals have moral status. In addition, he contends that there is no obligation to spend corporate resources correcting problems the company did not cause and, going even further, he asserts that it is not even appropriate for the company's managers to do so.

What is Amir Al-Dabagh vs Case Western Reserve University and example of?

Nature of contract

Podias v. Mairs

Negligence--Duty--Nonfeasence--Exceptions Case: D was drinking at the home of a friends. He drove with two other friends (D2 and D3), all 18. D1 was driving; it was raining; the road was wet. D1 lost control of the car, struck the motorcycle of P, and went over the guardrail. All Ds huddled around the car and saw that P was lying in the roadway, and thought he was dead. D1 told D3 that he thought D1 killed P. No one called for assistance, D1 called his girlfriend on D3's phone. D2 placed 17 calls. There were 26 more calls on D3's phone. None were calls to emergency assistance. All Ds decided to get back in the car and leave the scene. D2 told D1 not to bring him or D3 up. They drove until D1's car broke down and D2 & D3 ran into the woods (D1 hid in a bush for his girlfriend). Meanwhile, a motor vehicle operated by another person ran over P who died as a result of injuries sustained in these accidents.

disparate treatment

Not hiring because of civil rights act

What is Gilliam vs High Temp an example of?

Notice of dissolution and liability post-wind up

scope of his employment

Now, if the subordinate is deemed to be an employee, the employer is liable to third parties for those torts committed by the employee in the

What is airproducts and chem vs airbags an example of?

Obligations between SHs and the board

Mediation advantages

Offers a very good change for the parties to dispute to put it behind them. Other advantage is that it generally doesn't limit options if things don't work out and settlement is not reached. Can still go to court later.

hostile work environment

One attempted groping would likely be deemed "severe" enough to create a hostile work environment. Multiple sexual comments might not individually be severe but could cumulatively become "pervasive"

writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review

doing no harm

Our actions have both expected and unexpected effects on others, and these effects can be positive or negative

Ashcroft vs. Iqbal

Pakistan citizen arrested around the wake of 9/11 on criminal charges. The man claimed that he was deprived of various constitutional protections while in federal custody due to his race, ethnicity and religion. The man filed a complaint against people including a former Attorney General (Ashcroft) and the director of the FBI. Ashcroft appealed the charges and it went to the Supreme Court.

What is McLaughlin vs Shenck an example of?

Partnership standard of fiduciary duty

What is lamari corp vs alan amron and talk to me an example of?

Patent infringement

A

Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a stop sign and hitting his car and seeks damages to compensate him for his losses. Paul's case will be a ___________ lawsuit. In the case, Paul's burden of proof will be to prove his case ____________________ . A. civil; by preponderance of the evidence B. civil; beyond a reasonable doubt C. criminal; by preponderance of the evidence D. criminal; beyond a reasonable doubt

overconfidence bias

People tend to rate themselves as well above average in most traits, including honesty. In one survey more people thought that they themselves would more assuredly go to heaven than would Princess Diana, Michael Jordan, or even Mother Teresa! Studies indicate that businesspeople tend to believe that they are more ethical than their performance.

What is F&M Marketing vs Christenberry Trucking an example of?

Piercing the veil - legal decision to treat the rights and duties of a corporation as the rights or liabilities of its shareholders - liability shield = breached

What is POM wonderful vs Coke and example of?

Preemption - conflicting federal laws

What is the city of LA vs Patel an example of?

Privacy rights

Uniform Trade Secrets Act

Protects employers from having former employees take trade secrets to new employer

What is Smith vs Gross an example of?

Pushes definition of securities/securities law

What is deskovick et al vs Porzio an example of?

Quasi contract

Gonzales v. Raich

Raich and Monson are California residents who suffer from a variety of serious medical conditions use medical marijuana under California's Compassionate Use Act. Raich's physician believes that forgoing cannabis treatments would certainly cause her excruciating pain and could very well prove fatal. Respondent Monson cultivates her own marijuana, but Raich is unable to cultivate her own, and thus relies on two caregivers to provide her with locally grown marijuana at no charge. After federal agents raided Monson's house and destroyed her plants, respondents sued the U.S. Attorney General Gonzales and the head of the DEA seeking injunctive and declaratory relief prohibiting the enforcement of the federal Controlled Substances Act (CSA), to the extent it prevents them from possessing, obtaining, or manufacturing cannabis for their personal medical use. The district court ruled against respondents and the Ninth Circuit reversed. Attorney General Gonzales appealed they argue that the CSA's categorical prohibition of the manufacture and possession of marijuana as applied to the intrastate manufacture and possession of marijuana for medical purposes pursuant to California law exceeds Congress' authority under the Commerce Clause. However, Congress can regulate purely intrastate activity that is not itself "commercial," in that it is not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity. Ninth circuit's decision is remanded.

How is the jury selected

Randomly elected from public records for possible duty during the term.

What is Gonzalez vs Raich and example of?

Rational basis test & aggregate impact test 1. how federal courts analyze whether congress has acted within the scope of its constitutionally granted legislative power 2. AIT allows federal intervention despite gaps in commerce clause

What is Otis engineering corp vs clark an example of?

Reasonable foreseeability, breach of duty

D

Roger copies 6 of the 7 elements of Barbara's patent, but does not have anything that is the substantial equivalent of the 7th element in the patent. Which of the following is true? A. Roger has literally infringed on Barbara's patent. B. Roger has violated Barbara's patent under the doctrine of equivalents. C. BothAandB. D. None of the above

What is SEC vs Gisburg an example of?

Role of judge and jury in courtroom

What is Magee vc BEA construction as example of?

Role of judge in courtroom

D

Ron loses his discrimination claim in federal district court. If he wishes, he can appeal his case to a ________________ court. If he loses there, he can seek to have his case reviewed by ________________ . A. a general trial court; his state's supreme court B. a general trial court; the U.S. Supreme Court C. A U.S. Court of Appeals; his state's supreme court D. A U.S. Court of Appeals; the U.S. Supreme Court

Systems and Software Inc v. Barnes

SSI hired Barnes. Barnes signed a noncompetition agreement that prohibited him—during his employment and for six months thereafter—from becoming associated with any business that competes with SSI Barnes left his position with SSI and started a partnership called Spirit Technologies Consulting Group, which, like SSI, provides customer-information-systems software and service to municipalities and utilities nationwide SSI sued Barnes and requested an injunction to enforce the parties' noncompetition agreement. The trial court held for SSI and granted an injunction that prohibited Barnes from working as a consultant or otherwise with Utility Solutions or any other direct competitor of SSI. Barnes appealed. the trial court found that SSI had a legitimate protectable interest, and the evidence supports the court's finding. Affirmed.

D

Sam sues AlphaCo, his former employer. In his case, he alleges that AlphaCo illegally discriminated against him. During discovery, Sam's lawyer asks AlphaCo for its employment records over the last 10 years. The lawyer also wants to talk to Sam's former supervisor under oath and ask him about Sam's termination. The demand for the employment records is a(n) _______________ . The lawyer would like to talk to the former supervisor as part of a(n) ______________ . A. interrogatory; interrogatory B. interrogatory; deposition C. request for production of documents; interrogatory D. request for production of documents; deposition

What is Okoli vs Baltimore an example of?

Sexual harassment - both Quid Pro Quo (disparate treatment) and hostile work environment (disparate impact)

Wickard v. Filburn

So, for example, in Wickard v. Filburn, Congress was attempting to help farmers by keeping wheat prices from falling too far. Congress chose to do so by limiting production. Farmer Filburn was required (by a law passed by Congress) to not grow as many acres of wheat as he desired to grow. Since he was not located near a state line and intended to grow the wheat only for his own use, he argued that Congress could not tell him what to do. But the Supreme Court held that if an exception was made for farmer Filburn, then exceptions would have to be made for other farmers and the aggregate effect on interstate commerce could be appreciable. Even though Filburn was a very small farmer, to grant him an exception would undermine the regulatory scheme that Congress had in place. Therefore, Filburn would just have to go buy the rest of the wheat he wanted somewhere else. Congress had the authority under the Commerce Clause, the Court held, to pass that law because markets for wheat are interstate in nature, and the cumulative effect of allowing farmers to grow wheat in excess of the number of acres allowed by federal regulations intended to stabilize prices during the Depression would have a substantial effect on interstate wheat markets.

keeping commitments

Social and commercial relationships among people are quite difficult to maintain without accepting the notion that we should keep the promises we make to each other. Failing to keep them, however, normally requires justification

Specialized US Courts

Some federal courts have very specialized subject matter jurisdiction. Examples include the US Tax Court, US Court of Federal Claims

Modified comparative negligence

Some states disallow a plaintiff's recovery if the plaintiff is 50% or more at fault, reasoning that if a plaintiff is as much at fault as the defendant, plaintiff should not recover anything. But if a plaintiff is 49% (or less) at fault in such as jurisdiction, he or she may recover whatever percentage of damages was caused by the defendant.

employee

Someone who works for an employer. Employers are often responsible for the negligent actions of their employees but are not generally responsible for the negligence of indp contractors. like a receptionist in a dentists office

juries

Sometimes _____ fail to reach a verdict and new jury must decide. Judges sometimes refuse to accept the verdict.

Family and Medical Leave Act

Specifically, he law provides eligible employees with up to 12 weeks of unpaid leave per year. The employer need not pay the employees during this time, but must preserve their jobs for them when they return.

a state court of general jurisdiction has power to hear the case

State courts of general jurisdiction are essentially a repository of general judicial power; if no other court has jurisdiction over a particular type of case, then....

What is lively vs Ivy tech an example of?

Statutes and their interpretations - interpretations lend seasoning to core recipe

novation

Substituting a new obligation for an old one or substituting new parties to an existing obligation.

B

Sue rents a Segway scooter. While riding around downtown, she spots her arch enemy Archie, who is standing on a sidewalk facing away from her and looking at his phone. Sue grimaces, sets her shoulders, and accelerates to the Segway's top speed of 5 miles per hour. With a look of pure rage, she zeroes in on Archie, who is still looking at his phone and scrolling through an endless stream of nothing in particular. Eventually, Sue reaches Archie and runs into him from behind, knocking him down to the sidewalk. Archie never saw it coming. In the fall, he breaks his wrist. What torts has Sue committed? A. Assault B. Battery C. BothAandB D. None of the above

Otis Engineering Corp. v. Clark

Summary: Matheson, an employee of defendant Otis Engineering Corporation was drunk driving after leaving work (was sent home drunk by his boss) and killed the wives of Larry and Clifford Clark (plaintiffs).

negligent entrustment

The act of leaving a dangerous article with a person who the lender knows, or should know, is likely to use it in an unreasonably risky manner.

without reserve

The act of putting an article up for sale in a ____ auction is treated as a definite offer. The first bid creates a contract binding on the seller, unless a higher bid is made. The seller can no longer withdraw the item. The highest bidder has a contract for sale that she can enforce.

apparent authority

The appearance or the assumption of authority based on the actions, words, or deeds of the principal or because of circumstances the principal created.

course of performance

The conduct that occurs under the terms of a particular agreement; such conduct indicates what the parties to an agreement intended it to mean.

quid pro quo harassment

The evidence must convince a court that the sexual advances were unwelcome. When the unwelcome request or demand for sexual activities causes the target to believe that a negative response will lead to adverse job-related consequences, and when the evidence shows that a reasonable person would also believe this then the case is viable

Virtue ethics

The focus is not on deciding individual moral dilemmas in the correct way. Instead, the notion is that each person should focus on developing and practicing important virtues such as honesty, integrity, truthfulness, reliability and so on. If a person embodies these virtues, the ethical decisions he or she makes will likely be good ones.

The View That Corporations are Not Moral Agents

The idea that corporations are mere "artificial being(s)," or "creature(s) of law," supports the argument _________. The lifeless pieces of paper that bring the corporation into existence and provide governing rules for its operation do not provide it with autonomy or reason.

beyond a reasonable doubt

The level of proof required to convict a person of a crime

Sale of goods

The portion on the Uniform Commercial Code that we will be working with governs contracts that involve a

exectutive

The president's branch, which has the authority to enforce the laws

reliance

The victim of a misrepresentation must show that he or she reasonably relied on the misstatement at the time of contracting. The innocent party does not have to prove that the fact in regard to which the misrepresentation was made was the primary factor in inducing him or her to make the contract. It is sufficient that the misrepresentation involved a matter tending to influence the decision.

Defend Trade Secrets Act

This act allows the owner of a trade secret to file a civil suit for damages in federal court when its trade secrets have been misappropriated. So, trade secrets are protected both civilly and criminally, potentially in federal court as well as state court.

nonobviousness

This requirement provides that an inventor is not entitled to a patent on an invention if hypothetical ordinarily skilled practitioners in the art would have viewed the invention as representing only a trivial, obvious, advance. Stated differently, to be nonobvious, the differences between the current invention and previous inventions must be more than purely intuitive to a person having ordinary skill in the field.

Family and Medical Leave Act

This statute allows workers with at least one year of service at companies with at least 50 employees to demand unpaid time off to handle certain medical situations.

What is Cadena Commercial vs TABC an example of?

Tied house laws

Family and Medical Leave Act

To be eligible, an employee must have worked for the employer for at least 12 months and at least 1,250 hours during the preceding year. Employees must request this leave; employers need not volunteer it. What situations does the act cover? - the birth of a child and to care for the newborn child within one year of birth; - the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; - caring for the employee's spouse, child, or parent who has a serious health condition; - a serious health condition that makes the employee unable to perform the essential functions of his or her job

B

Tom discovers a new type of tree while exploring deep in a forest on a remote island. No one appears to have used it for anything before, and Tom would like exclusive rights to sell the wood. Sarah creates a new wood-like product in her lab. It is substantially stronger than any known natural wood. Can Tom and Sarah obtain patents that will cover their respective discoveries? A. Tom can receive a patent B. Sarah can receive a patent C. Both Tom and Sarah can receive a patent D. Neither Tom nor Sarah will receive a patent

What is Riley vs Willis an example of?

Tort case, Contributory/comparative negligence

What is Walmart Stores inc vs Cockrell an example of?

Tort of false imprisonment, emotional distress

What is association for molecular pathology vs myriad genetics an example of?

Trade secrets

What is UT vs KST Electric ltd an example of?

Trademark infringement, dilution

MCGILLIS v. DEPARTMENT OF ECONOMIC OPPORTUNITY

Uber is a technology platform that connects drivers with paying customers seeking transportation services. McGillis served as an Uber driver until Uber revoked his access to the technology based on alleged violations of Uber's user privacy policy. McGillis then filed a claim for reemployment assistance against Uber's wholly-owned subsidiary. Under Florida law, employees are entitled to such assistance; independent contractors are not. After a substantial administrative hearing, the Department of Economic Opportunity held that McGillis was an independent contractor rather than an employee and was not entitled to any payments. McGillis appealed.

What is doughty vs idaho frozen foods inc and example of?

Unconscionability

Strict Liability

Under it, legal responsibility exists solely because of the nature of the activity, regardless of whether any particular fault brought about the harm that led to the lawsuit. Activities deemed to be inherently dangerous include blasting, using deadly chemicals, or working onbuildingsinpopulatedareaswherepeoplemustpassbelowtheactivity

C

Under the Supreme Court's modern interpretation of the Commerce Clause, the most important factor in determining whether a business' activities count as interstate commerce is whether... A. any customers reside in states other than the business' home state B. any physical items (goods) cross from one state to another C. the activities have any appreciable effect on interstate commerce D. the transactions are substantial in number, or involve a substantial sum of money

What is Granholm vs Heald an example of?

Unduly burdening interstate commerce - direct conflict

What is precision concepts corp vs general employment and train personnel services an example of?

Unilateral contracts

implied authority rule

Unless the principal has indicated otherwise, his or her agent has implied authority to do those things that are reasonably and customarily necessary to enable that person to accomplish the overall purpose of the agency.

B

Walter makes watches. No smart watches, digital watches, or even battery powered watches for him - he works with tiny gears and makes old fashioned mechanical watches. One summer, he invents a new configuration of gears that allows for a watch to keep track of multiple time zones in an entirely new way. He calls the new watch the "Neptune", and plans to start selling it in his shop. Which of the following can Walter probably trademark? A. The design for his new kind of gear movement B. The name of his new kind of watch: "Neptune" C. BothAandB

D

Walter makes watches. No smart watches, digital watches, or even battery powered watches for him - he works with tiny gears and makes old fashioned mechanical watches. One summer, he invents a new configuration of gears that allows for a watch to keep track of multiple time zones in an entirely new way. He calls the new watch the "Neptune", and plans to start selling it in his shop. What type of mark is "Neptune"? A. generic B. descriptive C. suggestive D. arbitrary

A

Walter makes watches. One summer, he invents a new configuration of gears that allows for a watch to keep track of multiple time zones in an entirely new way. He works alone for countless hours, and does not share his work with anyone. The new configuration was very difficult to dream up, and required a significant amount of expertise and imagination. He calls the new watch the "Neptune", and plans to start selling it in his shop. It starts selling very well very quickly. Is Walter's design the kind of thing that can be protected as a trade secret? A. Yes B. No

A

Watkins Fuel Co. sued competitor Carroll Independent Fuel Co. for trademark infringement. Carroll registered the domain names of Watkins-fuel.com, watkinsfuel.net, watkinsfuel.org, and similar marks. Both firms sell heating oil, kerosene, and diesel oil. Watkins has long been the leader in these markets in Washington and Oregon, the states where it operates. Carroll also operates there, selling to the same high-end customers that Watkins targets. Plaintiff's name (Watkins Fuel Co.) is trademarked with the USPTO. Watkin's president found out about all of this when customers began asking him if his company had been purchased by Carroll. They wondered, because when they were on the Internet, the web address watkinsfuel.com (and others) landed them at Carroll's website. Watkins sued. Which of the following is true? A. Watkins will probably win on a trademark infringement theory B. Watkins will probably win on a trademark dilution theory. C. Watkins will probably lose on both theories

pure and modified

What are the two types of comparative negligence

C

When Congress passes a statute, it exercises ______________ power. If someone challenges the law in court and argues that the new law violates a part of the Constitution, the courts will use their power of ______________ to evaluate the law. A. executive; judicial review B. executive; separation of powers C. legislative; judicial review D. legislative; separation of powers

creditor beneficiary

When a contract is made between two parties for the express benefit of a third person. A owes X $500. A later sells a piano to B, on the understanding that B, in return, is to pay off A's indebtedness to X. In this situation, X is a creditor beneficiary of the contract between A and B, inasmuch as she originally gave consideration to A, which created the debt in her (X's) favor. Once A has delivered the piano, X is entitled to recover the $500 from B—by lawsuit, if necessary.

disparate treatment

When an employer intentionally discriminates based on race or any other factor covered by the Civil Rights Act, it amounts t

1. If the superior directs the subordinate to commit the tort, he or she is responsible. 2. If the superior carelessly allows the subordinate to operate potentially dangerous equipment (such as an automobile or truck), even though he or she knows or should know that the subordinate is unqualified or incapable of handling it safely, the superior is responsible for any resulting harm. The phrase negligent entrustment is often used to describe this situation. If you know your worker is drunk, and put him behind the wheel of a company car anyway, you would be liable.

When the superior of a company is at fault

was only slight and was of the type that an employer might reasonably expect.

While driving to Dallas, Yadi stops at a roadside convenience store to buy a Pepsi. While in that parking lot, he negligently strikes a parked car. In this situation Xavier is liable. Although buying the Pepsi may not be necessary to drive a truck to Dallas (as is the purchase of gasoline) and although Yadi was not really serving his employer at the time, the deviation from his job related activity ...

Riley vs. Willis

Willis was walking dog w/o a leash and he leaned into the road and was hit by Riley

Free Speech

_____ generally apply when the government tries to restrict speech and other forms of expression. Doesn't apply to private people

Registration

_______ can be accomplished by filling out a form and sending it to the Copyright Office, along with two copies of a published work or one copy of an unpublished work, and a modest fee. A work must be registered within three months after first publication in order for the copyright owner to be able to receive so-called "statutory damages" in an infringement lawsuit—these are damages that the court can award even without proof of actual economic loss within a range between $750 and $30,000 per infringed work

most courts will enforce exculpatory clauses where they involve only recreational activities, such as where people go rafting, sky-diving, or horseback riding, or other activities that are completely optional on the part of the participant and thus do not affect the public interest. a, true b. false

a

Corporate Social Responsibility

a business's concern for society's welfare

Turman v. Central Billing

a collection agency was held liable to Turman, who was blind, when it badgered her in trying to collect a small debt assigned to it for collection, even after it knew that she and the creditor had come to a satisfactory settlement. This harassment, which resulted in the plaintiff's hospitalization for severe anxiety, was carried out by repeated phone calls in which the defendant's agent shouted at her, used profanity, told her several times that her husband would lose his job and they would lose their home if she did not pay, and called her "scum" and a "deadbeat."

employment at will

a company need not wait for a good reason to terminate an employee. it is legal

executed

a contract fully performed by both parties

disaffirmed

a contract made between a minor and an adult can _____ by a minor (not by adult) at any time before he/she becomes an adult or within a reasonable time after reaching adulthood

unenforceable contract

a contract valid at the time it was made but is later rendered unenforceable because of the application of some special rule of law

in rem

a court is not required to have personal jurisdiction over a particular party. applies to any item of property located in forum state, and tangible or real estate

firm offer rule

a different rule, holding merchants to their signed promises to keep offers open for a specified time of less than three months' duration even in the absence of consideration.

Strict scrutiny

a distinction based on race or national origin will almost always be voided by the courts when challenged. applies primarily to intentional racial or national origin distrinctions by the gov

rational basis test

a fairly lax standard for economic and social legislation when equal protection challenges are raised. The challenged distinction or classification must merely be shown to have a "rational basis". There needs to be some legitimate government interest and some kind of distinction

personal service of summons

a formal notice of the lawsuit; personal service means delivery to the defendant in person while hte defendant is physically within the forum state

denial

a formality that places the plantiffs allegations in issue and places the burden on the plantiff to prove the factual assertions he/she has made

North Dixie Theatre Inc, v. McCullion

a law required operators of flea markets who leased space to persons wishing to sell automobiles to have a type of license not required of persons who leased land to regular car dealers. The court held that the law constituted discrimination, but acceptable discrimination, because the state has a legitimate interest in preventing fraud, and it is rational to presume that fraud will be a bigger problem in a flea market than in a stationary car dealership that will probably still be there when a defrauded customer goes back to complain

contract

a legally enforceable agreement

special appearance

a motion made by the defendant solely for the purpose of challenging the court's personal jurisdiction

when a defendent recieves a copy of the plantiff's complaint, he will either file

a motion to dismiss or answer

agent

a person employed to act on behalf of another

ADA

a person has a disability if he or she has a "physical or mental impairment that substantially affects one or more of the major life activities" of that person. Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and participating in social relationships and activities.

Comparative negligence

a plantiff's damages are reduced by his/her own degree of fault. if you are slightly to blame for your won injuries then you stand to lose some of your award

voir dire

a preliminary examination of prospective jurors

bilateral contracts

a promise for a promise

does not incur. meaning you only do something that you had a binding obligation to do so

a promisee _________ a detriment by performing or promising to perform an act that he/she was under a preexisting duty to perform

Deontological ethics

a rule-based analysis, often identified with German philosopher Immanuel Kant, who wrote that every person's actions should be judged morally by asking the question: "Can this action be justified by reasons that are uniformly applicable to all other persons?"

special charge

a series of questions to the jury; each question relates to a disputed fact and asks for a yes or no answer.

Moral Minimum

a set of general standards that constitute the ethical minimum necessary for the functioning of civilization

counteroffer

a specific form of rejection. it is a proposal made by the offeree to the offeror that differs in any material respect from the terms of the original offer

damages

a sum of money roughly equivalent to the loss suffered as a result of the defendant's wrong

Donee Beneficiary

a third party beneficiary to whom no legal duty is owed and for whom performance is a gift. The most common type of contract involving donee beneficiaries is that of the ordinary life insurance policy. If Al insures his life with an insurance company, and if the policy expressly designates Carol as the beneficiary of the proceeds of that policy, Carol is a donee beneficiary. because Al has made the contract specifically for her benefit. If Al dies, Carol can enforce the contract against the insurance company

revocation

a withdrawal of the offer by the offeror. can be revoked at any time as long as it's before the acceptance

Defendants

accused of wrongdoing. they are also on the defennse and want to escapte responsibility

plantiffs

accusers. They start lawsuits and are on the offense. usually seeking damages

subjective intent

actual intent in your own mind. not relevant in determining whether an offer has been made

fear

necessary component of duress. must be genuine and reasonable on the part of the victim that he or she will be subjected to an injurious, unlawful act by not agreeing to the party's demands

extra legal duty for social guests

need to warn about hidden dangers you know about. If you don't know, then it's ok and you are safe because you warned them.

an agreement modifying a sales contract..

needs no consideration to be binding

Mediators

neutral third parties and have no power to render a binding decision, are often very useful in breaking an impasse and helping the two sides reach an out of court settlement.

reverse engineers

no misappropriation if someone else lawfully acquires the product and disassembles the product and works backwards the product to discover the trade secret

federal court sometimes act as a neutral ground so that

no one has an advantage

Facts are _____ protected by copyright

not

novel

not currently in use and not detailed in print.

patent

not required to have actually made the invention physically, and many patents are granted even though the applicant has not created a physical, real world version of the invention. However, physically making the invention is a practical necessity in some situations in order for the inventor to know that the invention works and to be able to write a description of the invention.

statements of opinions, like predictions are...

not statements of fact

essential elements to win a case

o The defendant owed the plantiff a duty (like duty of due care) o The defendant breached that duty o The defendant was a factual cause of an injury o That the defendant's breach proximately cause the injury That the plantiff suffered a specific injury

disparate treatment

occures when a plantiff demonstrates facts from which intentional discrimination can be inferred

duress

occurs when a party to a contract compels the other to accept an offer by committing a wrongful act or making a wrongful threat. contract will then be rescinded

rejection

occurs when the offerree notifies the offeror that he or she clearly does not intend to accept the offer

ADEA

oes not apply to companies below a certain size. With the ____, the minimum size of a covered company is 20 employees.

unilateral offers

offer presented in such a way that they can be accepted only by the performance of a particular act. like a primise by a TV station to pay 5000 dollars to the first person who brings to its studios any piece of a meteor which has fallen recently on the arth

trademarks

often hav immense value to businsses. Only one company can legally sell a sho with a swoosh on the side and "Nike" written on the heel to the millions who desire such a product.

Cannot

often, information can be protected as either a trade secret, or with a patent. But, a company ______ protect the same information with both legal devices.

arbitration

old method for resolveing disputed but has become more popular. The parties involved uses a contract, which selects the arbitrator who is given legal authority to reach a binding decision. For example, Judge Judy or an industry expert.

voidable contracts

one of hte parties to a contract has the legal right to withdraw from it at a later time without liability. minors contracts are voidable if minors choose to withdraw

voidable contract

one of hte parties- the side with the weakneed position, has the right to withdraw from the agreement at a later time wihtout liability

latent defect

one that a simple or casual inspection by a prospective purchaser ordinrily wouldn't reveal. for example cracked motor block in a car or a termite infestiation in a house

ancillary covenant

one that is a subsidiary or smaller part of a larger agreement. example is contract calling for the sale of a business, where contract contains a promise by a seller of a business to not engage in the same type of business in a speicifc geogrpahical location for a certain length of time after sale

offeree

one to whom it the promise i made

the usual approach taken by the courts is to determine whether it was reasonably possible for the contract in question to have been performed within ________

one year from the time is was made

commercial speech

only protected if it related to a lawful activity and if it is not misleading. also recieves a lower level of protection than noncommercial speech.

specific performance

ordering the defendant to actually perform the terms of the contract

writ of garnishment

orders a third party holding property belonging to the defendant to deliver the property to the custody of the court. Usually a bank, stock broker or another entity holding the funds/securities.

True

original expression must be "fixed in a tangible medium." This simply means that the expression must be recorded on paper, tape, a hard drive, flash drive, or any other medium.

intentional infliction of mental distress

outrageous conduct that causes mental, if not immediate physical, suffering by the victim

innocent misrepresentation

party to a contract does not know that a statement he or she made is untrue. the victim can rescind the contract on that ground but not given an alt remedy of damages

intoxicated

people ocassionaly seek to escape liability under the contract on grounds that they were ____ or high when the conract was made

request for production of documents

permits a party to gain access to those kinds of evidence such as business records, letters and hospital bills that are in possession of the other party

peremptory challenges

permits the attorney to have a prospective juror removed without stating any specific reason for doing so. They are flexible but cannot be used for discriminatory reasons. Attorney have a limited number of these

offeror

person making a definite proposal

burden of proof

plantiff bears this. if the plantiff doesn't ultimately produce evidence that convinces the jury or judge of the correctness of the allegations in the complaint, the plantiff loses

A

plantiff has the option to file in federal court A. true B. falsse

diversity of citizenship

plantiff's and defendant's live in different states. in the case of an individual, citizenship in a state for federal jurisdiction purposes means U.S. citizenship plus residency in that state. Diversity of citizenship also exists when one party is a citizen of a state in the United States and the other is a citizen of another nation.

diversity of citizenship

plantiffs and defedants live in different states. also exists when one party is a citizen of a state in the US and the other is a citizen of another nation. Also another requirement for a federal court to have jurisdiction is the amount of contriversry must be greater than 75,000 dollars.

What is lough vs brunswick an example of?

prior art, public use, filing

Title VII

prohibits against sex discrimination, also protects women from discrimination because of pregnancy or childbirth as well.

Equal Protection Clause

prohibits the government from making arbitrary and unreasonable distinctions among persons

Gann v. Morris

promise by the seller of a silkscreening business in Tucson, Arizona, that he would not operate a competing business within a one hundred mile radius of Tucson for a specified period of time was held to be reasonable in view of the fact that at least one of the business's customers was located that distance away. In the above instances, if the seller should violate his or her promise, the purchaser of the business is entitled to an injunction to stop the competition.

unilateral contract

promise in exchange for an act. like they are given the money in exchange for the meteor

special damages

proof of any specific loss

offers

proposals. happens before a contract is fully made

trademarks

protect these four things: distinctive words, phrases, symbols, and devices adopted for the purpose of identifying the origin of goods or services available for sale. things like company names like Microsoft or product names like Diet Coke.

rights of association

protected by the first amendment and is free speech. the groups and org's we join often provide us with one of our most effective means of expressing out beliefs and opinions

symbolic expression

protected by the first amendment. Expression by nonverbal means such as wearing black arm bands or picketing is also protected.

intellectual property law

protects certain types of knowledge, ideas, and expressions by granting rights to creators.

ADA

provides comprehensive protection against discrimination to persons with disabilities. includes provisions dealing not only with discrimination in employment, but also with problems of discrimination and access in public transportation, public accommodations (such as restaurants, hotels, and office buildings), and communications

_______ are interests in land and must be in writing.

real estate mortgages

resstrictive covenants

reasonable if -if the restriction is reasonably necessary to protect the employer -if the restriction is not unreasonably excessive as to the employee, like geographical restriants

Course of dealing

refers to the practices of a particular industry and may be used by the courts to interpret contracts.

not

registration _____ for copy protection. Cannot sue for copyright without registration though.

exculpatory clauses

release a party from liability in the event of monetary or physical injury no matter who is at fault. for example, says "Stay back - not responsible for broken windshields!" a bumper sticker on a gravel hauling truck might say.

does not exist if the one accused of fraud can prove that the other party actually knew the true facts before making the contrac

reliance

statute of frauds

required certain types of contracts to be in writing in order to be enforceable. the hope is that it will diminish the chances that a plantiff will simply fabricate the existance of a contract and sue to enforce it.

intent

required for both assault and battery is the _______ either to create an offensive contact to the plaintiff's body or to create the apprehension of it in the plaintiff.

ADEA

requires that an employee (plaintiff) prove that the employee's age was a motivating factor in an adverse employment decision. So, the employer commits age discrimination if the employee's age is at least one significant reason (a motivating factor) for a firing, demotion, etc., even if there might also have been other reasons.

remanded

returned to the trial court with instructions for further proceedings.

appellate courts

rule on questions of law only, like what is the rule applicable to the facts?

quid pro quo

sexual contact with someone hiring above you like manager in exchange for something

independent contracter

someone not part of your company. hired to do a job. factors that depend are control, compensation, regularity of employment. like a construction contractor hired to erect a building

Guaranator

someone who promises to pay the debt if you cannot.

quid pro quo harassment

something for something and refers to the situation n which continued employment, a favorable review, promotion, or some other tangible job benefit is explicitly or implicitly conditioned upon an employee's positive response to a requested sexual favor. Usually happens with a supervisor or managerial authority

peppercorn rule

something of very small but measurable value. rationale is that courts believe that it is not their job to save litigants from poor bargains they have made

Promissory Estoppel

sometimes unusual circumstances exist in which a strict application of consideration rules will bring about results that are grossly unfair to the promisee. In such circumstances, the courts occasionally will invoke this. it is equitable doctrine that is invoked when necessary to promote fairness.

slander

spoken defamation

likelihood of confusion

standard employed in trademark law to determine if the use of a mark by two companies is too similar

ethics

standards that should be followed in a moral sense but which are not attached to a specific penalty

if a corporation is a plantiff or defendant, it is considered to be a citzen of the

state where it was incorporated. also if it has its principal place of business in another state it is viewed as a citizen of that state too

elements of defamation

statement is untrue statement is published

in order for a misstatement to be fradulent, it must be a...

statement of fact. the misstatement must be material (important) too.

claims

statements of what the author believes. When a patent owner sues for infringement, he is alleging that the defendant infringed one or more of the ______ in the patent.

tolled

statute of limitations will not begin to expire until the plantiff knows or should know of the injury

Patents

stronger than trade secret protection in that they solve (for 20 years) the "what if someone else develops my product independently" problem" even if reverse engineer, then can rely on patent

void

such contracts are those which as far as the law is concerned never existed at all. sometimes happens if parties is wholly imcompentent

suggestive

suggest rather than describe some particular characteristic of the goods or services to which they apply and require consumers to exercise their imagination in order to draw conclusion as the nature of the goods and services

appearance

taking any formal steps to defend a case

goods

tangible, moveable physical objects like a car and laptop. like things

Deontology

tells us that we should never lie. Lying is bad. But what if you are hiding your next door neighbor from her abusive husband and he appears on your doorstep wielding an ax and asking if you know where his wife is? Most people would believe that telling the truth, while wonderful as a general practice, would be an inappropriate response in this situation.

Independent contractors

tend to set their own hours. They may have a deadline to meet, but how and when they complete the job leading up to the deadline is up to them.

conformity bias

tend to take their cues as to proper behavior in most social contexts from the actions of others.

summary judgement

terminating a case before it ever goes to trial. usually granted if the evidence in the case so clearly indicates that factually one side or the other is entitled to prevail that a trial would be a waste of the time.

deposition

testimony of a witness that is taken outside of court. under oath, and must be able to cross examine

Pacific Gas & Electric Co. v. Public Utilities Commission of California

the Supreme Court overturned on free speech grounds an order of the California utility regulatory agency that had required an investor-owned utility to include in its billing envelopes a leaflet expressing the views of a consumer group with which the utility disagreed. The Court held that the agency's order unconstitutionally burdened the utility's freedom not to speak, a right that is protected because all speech inherently involves choices of what to say and what to leave unsaid. And in Janus v. American Federation of State, County, and Municipal Employees, ___ U.S. ___ (2018), the Supreme Court held that public-sector unions cannot require employees who choose not to join the union to involuntarily pay fees to support the union's collective bargaining activities because this forces them to "mouth support for views they may find objectionable."

First National Bank of Boston v. Bellotti

the Supreme Court struck down a state statute that prohibited expenditures by business corporations for the purpose of influencing the vote on state referendum proposals unless a particular proposal ''materially affected'' the business or property of the corporation. The law was passed to silence the voice of corporations in the public debate over an upcoming referendum concerning a personal income tax. Because the referendum did not deal with a corporate income tax, it did not materially affect the business or property of corporations; thus the statute prohibited corporations from issuing press releases, publishing advocacy advertisements, or otherwise speaking out on the personal income tax issue. The First National Bank of Boston wished to speak out because it felt that a personal income tax would harm the overall economic climate of the state. In overturning the law, the Supreme Court noted that "the inherent worth of the speech in terms of its capacity for informing the public does not depend upon the identity of its source, whether corporation, association, union, or individual."

Arizona v. Norris

the Supreme Court struck down an Arizona state employees' retirement plan that paid women smaller monthly benefits than men. The state attempted to justify the law be citing actuarial tables which predicted that the average woman would live longer than the average man. Nonetheless, the Court deemed the plan to not substantially further an important state interest, and to be unconstitutionally unfair to the plaintiff.

Minnesota v. Clover Leaf Creamery

the Supreme Court upheld a state statute that banned the retail sale of milk in nonreturnable plastic containers but permitted such sale in paperboard containers. The law did not prohibit the sale of other kinds of products in plastic containers. The state legislature had identified an environmental problem— solid waste disposal—and had made a good faith effort to solve part of the problem. The legislature wanted to encourage the development of environmentally superior containers and had chosen one major industry as a basis for its experiment. Whether the law would work as intended was not the Supreme Court's business; the distinctions in the law had a rational basis and therefore did not violate the 14th Amendment.

battle of forms

the UCC states that a contract is formed if the offeree's primary intent is to accept an offer even if the offeree's form does not match the offeror's form in all particulars. The essence of the rule is that no party is allowed to unfairly surprise the other with contract provisions hidden in fine print.

with reserve action

the act of putting a particular item up for auction indicates only a willingness to consider offers to purchase. A bid is treated as an offer which may be accepted. Because no contract is formed until the end of the auction, the bidders are free to withdraw their bids prior to that event and, more importantly, the seller is free to withdraw the item from sale if no bids are as high as the seller desires.

US District courts

the basic trial courts within the federal system. Most federal cases originate in these courts. Congress created 94 of them, each in different places based off of population

overconfidence bias

the bias in which people's subjective confidence in their decision making is greater than their objective accuracy

enumerated powers

the constituion in article 1 section 8 lists 18 specific things that the Congress is authorized to do so. Such as including power to regulate bankrupticies, coin money and regulate commerce

personal jurisdiction

the court's power over the parties to the case

counterclaim

the defendant will sometimes allege facts in his answer that will establish a legally recognized claim against the plantiff

overcome the plaintiff's prime facie case

the employer can introduce evidence relating to matters such as the applicant's past experience and work record, letters of recommendation, or the superior qualifications of the person actually hired

principal

the employer of an agent

criminal cases

the government always brings these types of cases on

Strict Scrutiny

the government must demonstrate that the distinction is necessary to protect a compelling interest and the distrinction is narrowly tailored to discriminte no more than is absolutely necessary

consideration

the idea that a contract must be bargained-for exhcnage.

deception

the intentional misleading of one person by another

Smith v Snap-on Tools Corp

the inventor of a new ratchet neither patented it nor kept it confidential. Instead, he voluntarily offered it to a tool company, stating that it would be compensation enough if some day he saw defendant sell his invention. Snap-On tools liked the device, and began selling plaintiff's invention, making a great deal of money. The inventor sued for trade secret misappropriation, but lost because he had voluntarily conveyed the information to Snap-On without demanding or even requesting confidentiality. No misappropriation by Snap-On was involved, so no liability for trade secret theft arose. Nor, obviously, did the inventor use reasonable means to protect the confidentiality of the trade secret.

Patent

the inventor receives a 20-year exclusive right to make, use, or sell the patented invention. The 20-year patent is not renewable; after expiration the item goes into the public domain (which means that it cannot qualify as a trade secret) and may be made, used, or sold by anyone.

preponderance of the evidence

the judge or jury deciding the case must be at leats somewhat more convinced by the plantiff's evidence than the defendant's

Statute of limitations

the laws that set absolute deadlines for filing lawsuits

general trial courts

the most important cases involving state laws go here. These are courts of general jurisdiction; they are empowered to hear all cases except those expressly assigned by statue to the courts of limited jurisdcition. case like contract law, criminal law and corp law

hostile work environment

the offensive conduct must qualify both subjectively (from the victim's perspective) and objectively (from the perspective of a reasonable person in the victim's position).

it must be either accepted or terminated

the offer exists what must happen next?

obligor

the one who has obligations to the assignee

discovery stage

the parties attempt to collect more evidence for trial

express contract

the parties involved have fully and specifically states the terms of the deal. If Joe and Sam put their agreement in writing and sign it, that would be an example of _______

assignor

the party that transfers the rights to another

obligee

the party to the original contract to whom the performance is owed

delegatee

the party to whom the duties are traferred

assignee

the person to whom the rights are assigned

Burke v Pan Am

the plaintiff sued the defendants allegedly responsible for a terrible plane collision in the Canary Islands. She claimed that although she was in California at the time of the crash, she felt as though she were being "split in two" and felt an emptiness "like a black hole" at the exact instant of the crash. The plaintiff claimed that in that instant she knew that something terrible had happened to her identical twin sister, who was, in fact, killed in the collision. The plaintiff was prepared to try to document in a trial the phenomenon of "extrasensory empathy" between some pairs of identical twins. the trial court dismissed the suit. · When a plane crashes because of an airline's negligence, its passengers are certainly foreseeable victims, as are any persons on the ground hit by falling wreckage. However, even if she could somehow demonstrate that her claims were true, the court decided that Burke's injuries were too bizarre to be reasonably foreseeable even if she did show that they existed. The defendants owed no legal duty to the plaintiff, and so the case did not need to proceed to trial.

preponderance of the evidence

the plantiff has to convince the fact-finder that is "more likely than not" that each of its allegations is true

disparate impact

the plantiff may show that some employment practice or policy of the defendant's has had a discriminatory efefct

disparate treatment

the plantiff may show that the defendant engaged in intentional discrimination

Pure comparative negligence

the plantiff recovers the percentage of his damages that were caused by the defendant even if the plantiff's negligence accounts for a greater portion of his harm than did the defedant's negligence

titles of cases

the plantiff's name appears first, then defendant.

authority

the right to use power

Law

the rules that must be followed

Breached

the second key element to a negligence suit. It means failed to live up to, his duty of care. Occurs when the defendant fails to exercise the same care as a reasonable person in the circumstances.

judicial

the supreme court's branch, which interperts laws

self serving bias

the tendency we have to gather information, process information, and even remember information in such a manner as to advance our self-interest and support our pre-existing views.

direct examination

the testimony of a witness is normally elicited by questions from an attorney

how are jury members elected

they are questioned and made sure they aren't impartial

limited jurisdiction courts

they have limited authority and can hear only certain specific types of cases. examples are like peace courts, traggic courts, domestic relations

nonancillary convenants

they stand alone. they do not protect any existing, legally recognizied interest. examples is a promise by a father to pay 10,000 for the son's promise not to engage in medical practice. generally illegal and unforceable

trial stage

things happen like TV. Jury is impaneled, witnesses are called, evidence presented, verdict and judgement reached

state law

this is the great bulk of law

civil rights act

this law prohibits discriminating on the basis of race, color, religion, sex or national origin

modified comparative negligence

this system disallows the plantiff recovering any damages if her percentage contribution to her harm passes a certain amount

civil laws

those laws that spell out the rights and duties existing among indv's business firms and sometimes gov agengies. Contract law and torts fall into this cateogory

third parties

those outside of a contract.

fighting words

threats, epithets, false alarms and thelike which by their nature are likely to lead to violence and sighnificant risks to physical injuries to people. not protected by the first amendment

affirmative obligations

to (1) fully disclose to the other person all material information that is relevant to our dealings; (2) keep confidential any information that the other party reasonably expects us to protect; (3) avoid undisclosed conflicts of interest; and (4) generally act in the best interests of the other party, even if such action is not entirely in our own best interests.

proving discriminatory impact

to do a statistical comparison of the composition of the employer's work force with the composition of the relevant labor pool

termination by passage of time

to prevent offers from being open forever. the offer will terminate after the passage of a time stated in the offer as being its duration. if no time states, then terminated upon reasonable period of time

jurisdiction

to the legal power of a governmental body or official to take some type of action. or the power to hear and decide a case and render a judgement that is legally binding on the parties

What is Integrated cash management services vs digital transactions inc an example of?

trade secrets

mortgage

transfer of an interest in land by a borrower to a creditor as security for a debt and is an interest that is contingent upon the debtor's default

rights and duties can be _____ to third parties.

transferred

trial and appellate courts

two primary types of courts in both the state and federal systems

2 years

typical statute of limitations for tort cases

contracts for the transfer of an interest in real property that are verbal are

unenforceable

offers for _______ contracts occur much less frequently than offers for ____ contracts.

unilateral; bilateral

is probably not liable.

uppose that Yadi decides to go a hundred miles out of his way to visit an old friend. On the way there, Yadi negligently collides with Zack. In this situation, Xavier...

advertisements

usually considered to be preliminary negotiations, rather than offers to sell. The general rule is that a store advertisement that merely names the company, describes the article to be sold, and gives the price of the article "constitutes nothing more than an invitation to patronize the store." This is usually true even if the terms "offer" or "special offer" appear in the advertisement. Thus, when a customer goes to the advertiser's store and tenders the advertised price, a contract is normally not formed. Rather, the customer is making an offer to purchase, which the store can accept or reject.

disparate impact

usually plaintiff begins by arguing that a company policy, rule, or practice impacts groups differently

respondeat superior

vicarious liability is realted to this. the imposition of liability on the superior for a tort committed by a subordinate on the doctrine of ____ in which under certain circumstances requires that the boss answer for the wrongs of an agent

it is possible for ____ contract to be validated in court by a sales slip, check, invoice, some other thing in writing

void

Federal Trademark Dilution Act

was written specifically to protect trademarks that a court determines to be famous.

Duty of care exception

we do not owe a legal duty of care to those people who might claim to be injured due to our action, but who are not reasonably foreseeable to us.

the state and federal government

we live under which two governments

fact finding body

what a jury is. it's function is to the best of it's ability to find out what really happened before the trial.

go either way when the case is back in lower court

when a case is remanded, it is generally true that the ultimate case can

discharged

when a contract ends. no rules apple to debts thatt have been ____ in bankruptcy. it will not be revived by part payment or acknowledgement

revived

when a contreact is in writing and its enforceable after absence of considerations

mutual mistake

when both parties are mistaken

executed contract

when both sides have completed their part of the bargain, the contract is _____. If you bring me the $5,000, I give you the keys and title to my car, and you drive away in it, the contract is now _____

A

when businesses are concerned, most federal laws are passed under congress' power to regulate interstate commerce A. True B. False

delegated

when duties are transferred

mailbox rule

when it doesn't apply -when the offeror may specifically state in the offer that an acceptance will be effecive only when actually recieved by the offeror -Second, the offeror may require that an acceptance be made by a particular method. If a particular method (such as first-class mail) is clearly specified as a requirement, then an acceptance sent by any other method will not result in a contract being formed until it is received by the offeror. -Third, if an offeree mails a rejection first, and later changes his mind and sends an acceptance, the acceptance is not effective until received. Therefore, an offeror who receives the rejection first may assume that it is effective.

terminated

when offers are revoked, rejected or they lapse. or sometimes by operation of the law

consent

when people do offensive contacts and the threat of them cannot sue for assault and battery. Like Doctors performing surgery must be very careful to fully inform their patients regarding the contacts that will take place during the surgery so that the patients can fully consent to the necessary procedures.

false imprisonment

when persons are unlawfully confined or restrained without their consent

assigned

when rights are transferred

intellectual property law

when someone else violates these rights, the violator is engaging in a type of competition that has been declared unlawful

writ of execution

when the defendant doesn't pay a valid judgement. Empowers law enforcement official to sieze defendant's nonexempt property and sell it at an auction until enough money is made to satisfy the judgement.

guaranty contract

which is the specific kind of agreement that involves the debts of others and must be written. occur in situations of secondary liability

implied authority

which serves to fill in gaps where the principal has not spoken specifically on a subject but where it is reasonable to assume that the principal would have granted such authority if he or she had thought about it.

to learn what the key witnesses know about the case, (2) to gain leads that will help obtain additional information, (3) to preserve the testimony of witnesses who might die or disappear, and (4) to establish a foundation for cross-examination of witnesses who might later change their stories.

why depositions are held

if one of the parties was mistaken, then reciession...

will not be granted unless a person can show the other party knew or should have known of hte mistake at the time the contract was made

if the court denies the defendent's motion to dismiss, the defendant ..

will then file an answer

right of removal

within a short time after the plantiff files the case in state court, the defendant may have the case moved to a federal district court in the same geographic area

Lawrence Kohlberg

writes that the morally mature individual bases his actions on "principles chosen because of their logical comprehensiveness, their universality, and their consistency."

even if a contract must be in _____, if both parties have fully performed their part of the bargain, a court will not "undo" the contract simply because it was supposed to be in writing but is not.

writing

Uniform commercial code

written in the 1950s by a group of legal scholars and experts. It started as a model set of rules, but its authors were not members of Congress or state legislatures, and they had no power to make the UCC law. They did, however, hope that the new rules would one day become law, and the rules in fact have been widely adopted by lawmakers.

interrogatories

written questions submitted by one party to the other, which must be answered under oath

If you baseball ticket says, "team not responsible for injuries caused by foul balls," you probably cannot sue the team if you are injured by such a foul ball because attending a baseball game is a recreational activity.

yes

after execution can minor disaffirm?

yes

Can an employee be fired legally? Imagine a business owner who is a hard core St. Louis Cardinals fan. One of his workers shows up wearing a Chicago Cubs necktie. The outraged owner fires the worker for wearing the Cubs tie. .

yes (doesn't violate any specific statue)

sexual harassment lawsuit

you are suing your company and not the person who has been harassing you. Targeting a harasser directly in court requires a tort lawsuit.

A

· After the cases are presented, the jury goes to deliberate. o A) True o B) False

punitive damages

· Allow a jury to go beyond merely compensating a plantiff for his injuries and punish defendants who have behaved particularly badly. These damages punish wrongdoers and also serve the purpose of deterring them and others.

A

· Ann sues Bill in a negligence lawsuit. What type(s) of damages can she seek? A. compensatorydamages B. punitive damages C. bothAandB D. none of the above

Benefits of Arbitration

· Cheaper, faster, less painful. Also parties can control the entire process by selecting the decision maker, it's also private and no required pretrial discovery. They also decide whether the arbitrator is required to strictly follow the rules evidence.

Professionals

· Have a special duty of care. They have an obligation to act as a reasonable person because of profession. Like if you do someone's tax stuff you have to act good for a tax accountant.

o Yes because the jury will award Paul two different types of cash damages. In a negligence case, the jury can only award only 1 type of cash award.

· Imagine that Paul Plaintiff files a tort lawsuit against you or your company. Does it really matter whether the case is a negligence or intentional tort case?

B

· Imagine that Peter, who works for Pepsi, puts 200 cans of Pepsi into an empty vending machineonMondaymorning. Laterthatday,KarlKlutzbuysaPepsifromthesamemachineand takes it out onto a second floor balcony. Karl sees Vince Victim down below, waves to him, and fumbles the Pepsi. The can describes a perfect arc and conks Vince on the head, knocking him unconscious. When he comes to, Vince feels like filing a lawsuit. Whose actions are causes in fact of this injury? A. PeterB. KarlC. BothAandBD. None of the above

A

· In civil cases, in which the plantiff seeks an award of monetary damages, there will be a question at the end of the charge that asks the jury to determine the amount of damages it wishes to award if the jury rules for the plantiff. o A) True o B) False

Causation in fact

· People and companies not held legally responsible for consequences over which they have no control because even when we act carelessly, there can be any ripple effects and unpredictable consequences

duty of care

· People owe others a duty to act reasonably in the circumstances. When you interact with others you don't need to behave perfectly but only reasonably.

mediation

· The mediator does not impose a solution. They aren't a replacement for a judge and jury and does not decide the case, they just try to help the parties find a solution.

Arbitration

· Usually brief pleadings, and then present evidence and arguments to the arbitrator. The arbitrator makes a decision which is legally enforceable and like a court judgement.

Tort

· a civil wrong in which a defendant fails to meet a legal duty to another in a way that causes harm. Covers many problems.

Negligence

· a type of tort. A defendant is accused of failing to use reasonable care at the time a defendant suffers an injury or loss. Like a guy texting and driving. Carelessness.

Negotiated Settlements

· an out of court settlement between the parties themselves. No third party decision maker or referee. Usually people too angry and irrational to reach an agreement.

compensatory damages

· awarded to make up for harm actually done. These are "standard" awards. Can be quite substaintail if harm is a lot.

Causation in fact

· by itself is insufficient to impose liability on a careless defendant. Must demonstrate that the defendant's actions or omissions were not only a cause in fact of an injury or loss, but also a proximate cause.

General charge

· one of the varities of charges. Outlines and explains the relevant legal principles for the jury and it asks them to decide the relevant facts and reach a verdict.

Proximate causation

· reasonably foreseeability. If a jury determines you should have foreseen this, or known better, the person is in worse shape as a defendant.

Mediation

· similar to arbitration in that it is voluntary and controlled by the parties. The end goal is also to disputes outside of court.

Charge

· the core of the instructions nad gives the jury a legal framework for performing its job.

Negligence per se

· the defendant automatically breached his duty of care. Usually when courts held that a defendant violates such as a statute.

Intentional tort

· the plantiff argues the defendant caused harm intentionally or recklesskly. This is deliberate and purposeful.