mgmt 211 ch 1-14 final
michael milken
"junk bond king" imprisoned for insider trading in 1988
Clean Air Act
(1970) set emission standards for cars and limits for release of air pollutants
Roe v Wade
(1973) legalized abortion on the basis of a woman's right to privacy
Hopwood v. Texas
(1996) Supreme Court case in which 2 white students sued University of Texas School of Law because they were allegedly denied admission because of the school's affirmative action program; challenged the Bakke decision; ONLY APPLIED IN THE 5TH CIRCUIT; SC denied writ
Hopwood v. Texas
(1996) Supreme Court case in which 2 white students sued University of Texas School of Law because they were allegedly denied admission because of the school's affirmative action program; challenged the Bakke decision; use of race even as a means of achieving diversity on college campuses "undercuts the 14th Amendment"
SEC v Howey
(Court Case) Defined a Security as a "contract, transaction, or scheme, whereby a person invests his money in a common enterprise and is led to expect profits sole from the efforts of a promoter or third party."
true
(T/f) SOX is very controversial
true
(t/f) recently, state and local budgets have come under fire and there have been calls to cut back on the power of public sector unions
true
(t/f) workers comp covers employee regardless of fault
Youngstown Sheet & Tube Co. v. Sawyer
*a BIG example of judicial review* President Truman issues executive order, secretary of commerce sawyer ordered teh mill to continue operations by armed forces, owners sued sawyer, supreme court ruled that seizure of the mill was illegal
EEOC v. Sambo's of Georgia
--Restaurant did not hire Sikh who would not remove facial hair --RULING: Restaurant was justified in wanting to have a "clean cut" image for concerns of sanitation and customer reaction
Unadjudicated Insane
-court has not ruled person to be legally insane
adjudicated insane
-court has ruled person to be legally insane
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
marbury v madison
1803 Supreme Court case that established the principle of judicial review
Interstate Commerce Act
1887 law passed to regulate railroad and other interstate businesses, created ICC, *was to prevent railroad trusts*
Fair Labor Standards Act
1938 act which provided for a minimum wage for most Americans, overtime pay, and restrictions on use of child labor
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Equal Pay Act
1963 law that required both men and women to receive equal pay for equal work
Freedom of Information Act
1966 Act allowing citizens to inspect all government records with the exception of classified military or intelligence documents, trade secrets or private personnel files.
Miller v. California
1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)
Religious Freedom Restoration Act
1993 act which forbids any federal agency or state government to restrict a person's free exercise of religion unless the federal government demonstrates that its action 'furthers a compelling government interest'
no formalities, no special requirements to operate
2 advantages of sole proprietorship
elected by people of district, four year term
2 details about state district court judge elections
NASA, EPA
2 ex of independent exec agency
compulsory licensing and fair use
2 exceptions to copyright
spanish american war and the jungle
2 main causes for the shift from caveat emptor to caveat venditor
infringer had access to the original and substantial similarity
2 things you need to prove for infringement of copyright
18 years old, US citizen, does not have ot be attorney
3 characteristics of JP judge
partisan election, four year term, entire county votes
3 details about county judge elections
partisan election, four year term, elected by entire county
3 details of CCAL judge elections
state law varies, some types of businesses cannot be LLCs, newness so legal uncertainties
3 disadvantages of LLCs
unlimited liability, limited to amount of capital owner has, difficult for owner to borrow money
3 disadvantages of sole proprietorship
CPSC, OSHA, EPA
3 examples of socially conscious era AAs
sole proprietorship, partnership, corporation
3 historical types of business organizations
public employee speech, commercial speech, political speech by a business
3 important speech rights to a business
right-to-work laws, free speech, union ulps
3 major provisions of taft-hartley
25 year old, resident of district for two years, practicing lawyer/judge
3 qualifications for state district court judges
lie, practice (turn back odometer), omit key info
3 types of misrepresentation of material facts in fraud
five members, no more than three from same party, seven year staggered terms, only require three members to do business
4 characteristics of the structure of the CPSC
STP, Exxon, Volvo, Doan's
4 corrective advertising cases other than Listerine
abuse or misuse of product, assumption of the risk, comparative negligence, expiration of statute of limitations
4 defenses for Product Liability based on Strict Liability
limits are difficult to enforce, each firm must be constantly monitored, all producers are not equal, finding optimal tax rate is difficult
4 disadvantages of c-and-c
there was a sale, the defect of the product was substantial factor in injury, there was an unreasonable danger, product was defective when it left the manufacturer
4 elements of Product Liability based on Strict Liability
FTC, NLRB, SEC, FCC
4 examples of independent agencies
35 years old, 10 years experiences as attorney, resident of district, NO PRIOR JUDICIAL EXP REQUIRED
4 qualifications for state court of appeals judge
relation of partner to each other, responsibilities, duration, split of profits
4 things in written partnership agreement
jury duty, refuse to disobey law, military service, exercise a right you have
4 times where state courts and leges have been chipping away at the doctrine of "employment-at-will" for public policy
state banks ensured by FDIC, joint stock corps, some foreign entities, insurance companies
4 types of businesses that cannot be LLCs
process, machine, manufacture, composition of matter, or any improvement thereof
4 types of patent categories
based on negligence, based on breach of warranty, based on strict liability, market share liability
4 types of product liability we discussed
revocation, rejection, lapse of time, counteroffer
4 ways to terminate by person
agreement, consideration, capacity, legality, genuine assent
5 general elements of a contract
end of fixed period, occurrence of specified events, action to dissolve by members, LLC has NO members, judicial order
5 reasons for dissolution of LLC
domestic corp, individual shareholders, no more than 100 shareholders, one class of shareholders, shareholders must not be non-resident aliens
5 requirements of S corp
constitutional law, statutory law, executive creation of law, judicial creation of law, administrative law
5 sources of law
contracts that cannot be performed in a year, contracts for sale of goods over $500, transfer of an interest in property, promise to perform the obligations of others, pre nup
5 types of contracts written in writing due to the Statute of Frauds
limited liability, ease of operation, not required to have meetings, flexibility in taxation, flexibility in management, no limit on number/what can be members
6 advantages of LLC
ease of operation, desired length of existence, personal liability, tax consequences, ease of sale, ease of raising capital
6 factors in deciding the type of business entity
requires company to clean up oil spills within twelve miles of the US shore, pay costs, all oil tankers must be double hulled, each tanker owner must establish an oil cleanup contingency plan, Coast Guard certificate, $1 billion cleanup fund
6 provisions of OPA
new evidence, judge erred, misconduct, fraud, clerical error, monetary damage inaccurate
6 reasons for motion for new trial
performance, breach of contract/incomplete performance, discharge by conditional contracts, discharge by agreement, discharge by impossibility, repudiation
6 ways to discharge a contract
specifically legalized unions, collective bargaining, concerted activities, creates NLRB, makes company unions illegal, defines employer ULPs, sets up election of union representation
7 major provisions of Wagner
terms, independently audited statements, short biographies of management, discussion of financial interests of issuer, conflicts of interest, potential risks, status of any lawsuits
7 pieces of info required in registration statement from securities act of 1933
FOIA, Privacy Act 1974, HIPAA, Patriot, Electronic Communications, Children's Online, Financial Services Modernization
7 statutory laws regarding right of privacy that followed griswold v connecticut
virtually all gov employees, railroad and airline workers, domestic servants, ppl employed by parent or spouse, agricultural laborers, supervisors, independent contractors
7 types of ppl that are not protected under NLRA
offer, acceptance, meeting of the minds, consent to terms, executed and delivered, consideration, legality, capacity
8 elements of a texas contract
assault, battery, false imprisonment, IIED, invasion of privacy, defamation, malicious prosecution, fraudulent misrepresentation
8 types of personal intentional torts
Roth v US
A 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."
National Environmental Policy Act (NEPA)
A 1969 U.S. federal act that mandates all federal agencies to submit EIS and also for a Council on Environmental Quality to be created
Regents of the University of California v. Bakke
A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.
texas v johnson
A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
Citizens United v. FEC
A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
acquiring company
A company that seeks to acquire another firm.
condition subsequent
A condition in a contract that, if it occurs, operates to terminate a party's absolute promise to perform.
void contract
A contract having no legal force or binding effect.
Collective Bargaining Agreement (CBA)
A contract negotiated by the employer and representatives of the labor union, and it covers issues related to employment. (AKA a labor contract)
executed contract
A contract that has been completely performed by both parties.
voidable contract
A contract that may be legally avoided at the option of one or both of the parties, it is VALID
conditional contract
A contract that one or more parties must perform only under certain conditions.
valid contract
A contract that results when all elements are present, this contract is ENFORCEABLE
unilateral contract
A contract that results when an offer can be accepted only by the offeree's performance. "promise for an act"
option contract
A contract under which the offeror cannot revoke the offer for a stipulated time period (because the offeree has given consideration for the offer to remain open).
Patriot Act
A controversial law overwhelmingly passed by Congress in October 2001, after the terrorist attacks of September 11 on the World Trade Center and the Pentagon. It greatly expanded the power of federal law enforcement authorities to move against suspected terrorists.
Respondeat Superior
A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment.
Anticybersquatting Consumer Protection Act
A federal law outlawing cybersquatting.
judicial activism
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground.
docket control
A legal-specific term that refers to entering, organizing, tracking, and controlling all the appointments, deadlines, and due dates for a legal organization.
constitutional convention
A meeting in Philadelphia in 1787 that produced a new constitution
compensatory damages
A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
motion for new trial
A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.
private nuisance
A nuisance that affects only a single individual or a very limited number of individuals.
offeree
A person to whom an offer is made.
promisor
A person who makes a promise.
offeror
A person who makes an offer.
disclosed principal
A principal whose identity is known to a third party at the time the agent makes a contract with the third party.
Partially Disclosed Principal
A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract.
undisclosed principal
A principal whose identity is unknown by a third person, and the third person has no knowledge that the agent is acting for a principal at the time the agent and the third person form a contract.
federal question
A question that has to do with the U.S. Constitution, acts of Congress, or treaties. provides a basis for federal jurisdiction.
Environmental Impact Statement (EIS)
A report that must show the costs and benefits of major federal actions that could significantly affect the quality of the environment.
mailbox rule
A rule providing that an acceptance of an offer becomes effective on when it has been put in the mailbox IF IT IS PROPERLY COMMUNICATED
interrogatories
A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath
request for admissions
A set of statements sent from one litigant to an adversary for the purpose of determining what facts are in dispute and which facts both parties accept as true.
right-to-work laws
A state law forbidding requirements that workers must join a union to hold their jobs.
usury law (idk was a term in his packet)
A state law that sets a maximum interest rate that may be charged for consumer loans.
dissenting opinion
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
derivative action
A suit by a shareholder on behalf of the corporation to enforce a corporate cause of action.
Smith v. Allwright
A supreme court case in 1944 that ruled that it was unconstitutional to deny membership in political parties to African Americans as a way of excluding them from voting in primaries. (declared Texas White Primary unconstitutional)
townshend acts
A tax that the British Parliament passed in 1767 that was placed on leads, glass, paint and tea
market share liability
A theory of product liability under which a court can hold each manufacturer of a harmful product responsible for a percentage of a plaintiff's damages that is equal to the percentage of its market share.
bilateral contract
A type of contract that arises when a promise is given in exchange for a return promise.
Unenforceable Contract
A valid contract RENDERED unenforceable by some statute or law.
implied warranty
A warranty that the law derives by implication or inference from the nature of the transaction or the relative situation or circumstances of the parties.
Written partnership agreement
A written agreement that sets out in detail the rights and obligations of partners in a partnership.
yellow dog contracts
A written contract between employers and employees in which the employees sign an agreement that they will not join a union while working for the company.
excludes, not
ADA (excludes/includes) illegal drug users (and/not) alcoholics
market power
Ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time
Federal Espionage Act of 1996
Act saying the person or entity that stole trade secrets also will be facing criminal liability and owner might be awarded restitution (THIS IS FOR CRIMINAL TORTS)
Silent Spring by Rachel Carson (1962)
Alerted the public of the dangers of pesticide poisoning and environmental pollution in this book. (post WWII)
personal property
All property not classified as real property
Water Quality Act
Amended the Clean Water Act by addressing storm water pollution issues - requires industrial storm water discharges and municipal sewage discharge facilities to acquire permits.
State Implementation Plan (SIP)
An EPA-approved procedure outlining how a state intends to implement, monitor, and enforce the NAAQS
Wheeler Lea Amendment
An act of Congress passed in 1938 that amended section 5 of the FTC Act to read that unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce are declared unlawful.
specific performance
An equitable remedy in which the court orders the contract to be performed as agreed to by the parties.
rescission and restitution
An equitable remedy that annuls a contract and returns the parties to the relationship they had before the contract was made. PAY RESTITUTION IF NECESSARY
condition concurrent
An event that must occur at the same time as another condition in a contract.
hot cargo agreement
An illegal agreement in which employers voluntarily agree with unions not to handle, use, or deal in the nonunion-produced goods of other employers.
Implied Warranty of Merchantability
An implied warranty that a product is fit for the ordinary purpose for which it is used.
superseding cause
An intervening force or event that breaks the connection between a wrongful act and an injury to another; a defense to negligence
quasi contract
An obligation or contract imposed by law (a court), in the absence of an agreement, to prevent the unjust enrichment of one party.
writ of certiorari
An order by a higher court directing a lower court to send up a case for review
detrimental reliance
Another name for Promissory Estoppel
wiley act
Another name for The Pure Food and Drug Act
reserved powers clause (10th amendment)
Any power that is not granted to the national government, or denied to the states, automatically reverts to the states.
Doctrine of Reverse Incorporation
Applies the 14th Amendment to the Federal Government
inside directors
Board members who are part of the company's senior management team
rescission
Both parties agree to terminate the contract without performance, must be supported by consideration (restitution)
care
Business Judgment Rule is used to establish the fiduciary duty of
National Priority List
CERCLA creates this list of sites that are to be given top-priority consideration for removal of hazardous substances and remedial action
common and statutory
Civil Law is a form of ______________ law(s)
establishment clause
Clause in the First Amendment that says the government may not establish an official religion.
make my day laws
Colorado statute that authorizes any degree of force against a trespasser who uses or threatens to use even slight force against the occupant of a home
4th amendment of exclusionary rule
Common law cases such as Brigham City v Stewart, Hudson v Michigan, Georgia v Randolph, and Illinois v Rodriguez chipped away at a person's rights under what amendment?
commercial speech
Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
Pregnancy Act of 1978
Congress declared that discrimination because of pregnancy is a form of sex discrimination
Second Continental Congress
Congress of American leaders that first met in 1775, declared independence in 1776, and helped lead the United States during the Revolution.
substantive due process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.
procedural due process
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
loyalty
Corporate Opportunity Rule is used to establish the fiduciary duty of
professional corporations
Corporations formed by licensed professionals such as physicians, attorneys and insurance agents.
Meritor Savings Bank v. Vinson
Court ruling that first held that sexual harassment violates Title VII of the Civil Rights Act of 1964 regardless of whether it is quid pro quo or hostile environment harassment.
Sindell v. Abbott Laboratories
DES case that established the existence of market share liability
Committee of Unfinished Business
Decided on executive branch and created electoral college
nonattainment areas
Defined by The Clean Air Act as a locality where air pollution levels persistently exceed National Ambient Air Quality Standards, or that contributes to ambient air quality in a nearby area that fails to meet standards.
substituted service
Delivery of process in a method other than personal service (such as by mail or by publication).
$25000 or more
Drug-Free Workplace Act requires business with federal contracts of how much to certify they are maintaining a drug free workplace
Air Quality Control Regions (AQCRs)
EPA subdivides states into _____ and monitors each region to ensure compliance with EPA standards
NOT
Employment Division v Smith ruled that judges (were/weren't) required to engage in a case-by-case assessment of the religious burdens imposed by teh Const
Griswold v. Connecticut
Established that there is an implied right to privacy in the U.S. Constitution
Hill v. Western Union Telegraph
Extremely drunk employee behind counter told lady customer "If you come back here and let me love and pet you, I'll fix your clock" -> sued for ASSAULT --Lost at appellate level b/c he did not act within scope of his employment
constitution courts
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, &specialized courts such as the U.S. Court of International Trade
federal courts of appeal
Federal courts with mandatory, appellate jurisdiction.
Hart-Scott-Rodino Act
Federal statute requiring notification to government before mergers involving certain amounts or parties
consequential damages
Foreseeable damages that result from a party's breach of contract but are caused by special circumstances beyond the contract itself.
National Ambient Air Quality Standards
Health-based pollutant concentration limits established by EPA that apply to outside air.
US v. Trenton Potteries
Horizontal price fixing. They monopolizes toilet market but says we're not hurting customers, ruled illegal PER SE bc price fixing.
do not suffice
IIMD can only be used in TX when other torts...
failing firm defense
If one of the firms involved in a merger is facing bankruptcy or other circumstances that threaten the firm, the Court will look more favorably upon the merger
Long Arm Jurisdiction
If you are from another State and cause damage to property or injury to a person you can be required to return to the state where you caused the damage/injury to defend yourself, rather than the plaintiff-one who suffered from your conduct to go to your state to sue you.
subjective impossibility
In a contract, a situation in which it would be very difficult for a party to carry out his or her contractual obligations.
intentional torts
Involve harm caused by deliberate action
quasi in rem jurisdiction
Jurisdiction over real or personal property when the lawsuit has to do with personal liabilities not directly associated with the property.
voir dire
Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
amendment
L-G is an ___________ to NLRA
at least one continuing members
LLCs can generally continue as long as they still have...
record keeping, start-up cost or registration fees
LLCs generally involve less
Jimmy Hoffa
Labor leader who build the Teamsters Union. Considered corrupt and was likely killed.
silicone breast implants
Largest class action settlement in history was regarding this
Black's Law Dictionary definition of law
Law is that which is laid down, ordained, or established. A rule or method according to which phenomena or actions coexist or follow each other. That which must be obeyed and followed by citizens, subject to sanctions or legal consequences is a "law"
procedural law
Law that establishes the methods of enforcing the rights established by substantive law. (ex miranda rights)
Nuclear Waste Policy Act of 1982
Law that selects and develops a permanent site of the disposal of nuclear wastes
jim crow laws
Laws designed to enforce segregation of blacks from whites
eugene deb
Leader of the American Railway Union, Head of Socialist Labor Movement, ran for president
Certificate of Dissolution
Legal Document issued by the State, which terminates an LLC
rule of reason, SC reversed and ruled for Leggin
Leggin v PSKS dba Kay's Kloset ruling
without
MACT is set (with/without) regard to economic or technological feasibility
misbranded
Making false or misleading label claims in food and drugs
15
Merck's board was ranked among the top ___ "best boards" by Business Week
Schuette v. Coalition to Defend Affirmative Action
Michigan case dealing with affirmative action that the Supreme Court agreed to accept in March 2013
1/3
NLEA says a "light" or "lite" version of a food has ___/___ fewer calories than a comparable product
40
NLEA says a "low calorie" food has fewer than ___ calories per serving and per 100 grams of food
3
NLEA says a "low fat" food has ___ or less grams of fat per serving per 100 grams of food
Civilian Conservation Corps (CCC)
New Deal program that hired 3 million total unemployed men to work on natural conservation projects
permanent nuisance
Nuisance is permanent and thus fixed, continues indefinitely
$1 billion
OPA sets up $___________ fund for cleanup and compensation
administrative law judge
One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
temporary nuisance
Ongoing nuisance that continues to be a nuisance from time to time
Texas White Primary
Only white people could vote in primary election because political parties determined who voted
implicitly
Owner must expressly or _____________ establish that person is a trespasser
Katzenbach v. McClung
Owner of a restaurant refused to seat blacks in violation of the Civil Rights Act of 1964. Result: Discrimination in restaurants posed significant burdens on interstate flow of food and movement of products. - commerce clause
T-H
POTUS has the right to intervene in labor disputes if the nation's security is at risk according to which labor act?
Americans with Disabilities Act
Passed by Congress in 1991, this act banned discrimination against the disabled in employment
Occupation Safety and Health Act
Passed in 1970, created OSHA, act to protect employees of companies from potential dangers of an unsafe environment that may exist in the workplace, employers must comply with standards established by OSHA
market share
Percentage of the relevant market controlled by the firm
stamp act of 1765
Placed a tax on almost all printed materials in the colonies
eminent domain
Power of a government to take private property for public use.
senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Duty to Cooperate with Agent
Principal has to do what agency relationship requires
Vicarious Liability
Principal is liable for an agent's tortious conduct because of the employment contract between the principal and agent
answer
Procedurally, a defendant's response to the plaintiff's complaint.
relevant market
Product market + geographic market
Age Discrimination in Employment Act
Prohibits discrimination against workers over the age of 40
Civil Rights Act of 1964 Title VII
Prohibits discrimination in privileges of employment based on race, color, religion, sex, or national origin
Council of Institutional Investors (CII)
Promote accountability of corporate executives by monitoring the governance of publicly traded corporations to ensure that their governance structure promotes the interest of shareholders
Soil Conservation Service
Promoted control and prevention of soil erosion, made during New Deal Era
firm concentration
Proportion of the relevant market served by the largest firms in the market
virginia plan
Proposal to create a strong national government in the constitutional convention
fourth amendment
Protects against unreasonable search and seizure
rejection
Refusal by the offeree
challenge for cause
Removal of a prospective juror by showing that he or she has some bias or some other legal disability
preemptory challenge
Removal of a prospective juror without giving any reason.
petition for writ of certiorari
Request to the Supreme Court that it review a lower court case.
Regulation SK
Requirements applicable to the content of the non-financial statement portions of most filings. (???) ask someone ab this
let the master answer
Respondeat superior means:
removal doctrine
Right to have a state suit removed to a federal court if it involves more than $75000 and residents of more than one state
Cuyahoga River
River that in the 1960s carried so much flammable waste that it caught fire.
GAAP
SEC pays a major role in the formulation of what accounting rules
blue sky laws
STATE laws that regulate the offer and sale of securities.
10b-5
Securities Exchange Act of 1934 rule that covers insider trading
EEOC v. Mercy Health Center
Sex discrimination case. Business is allowed to adopt a policy of sex discrimination if it is a bona fide occupational qualification. Absolutely necessary to job (privacy issues, etc)
3 million
Simpson-Mazzoli provided amnesty to how many illegal aliens
district court
State trial courts that hear and decide both civil (high dollar) and criminal (felony) cases.
Hutchinson v. Proxmire
Stated that members of Congress cannot be sued for what they say during sessions or "on the floor"; but they can be sued for libel. (Golden Fleece Award case")
Schechter Poultry v. U.S.
Supreme Court case that ruled the NIRA (National Industrial Recovery Act) unconstitutional because such a reach of power for the President, ppl were worried this would invalidate entire New Deal
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Reichert v. State ex rel McCulloch
Supreme Court of Montana said due process requires recusal when the probability of actual bias on the part of the judge or decision make is too high, aka judge should step down when there is a probability of actual bias
Yakus v US
Supreme Court ruled that delegation of legislation authority was okay as long as there were standards and powers were limited
Caperton v. Massey Coal Company
Supreme Court ruled that elected judges should not rule in cases involving their major backers, Court held that Justice Benjamin (West Virginia) failed to recuse himself and violated the plaintiff's due process under the fourteenth amendment
Shearson/American Express v. McMahon
Supreme Court ruled that if the parties to a law suit had agreed, prior to the dispute arising, to go to arbitration rather than litigation, then the Federal Arbitration Act required them to go to arbitration
Maine v. Taylor
Supreme Court ruled that state law prohibiting the importation of bait from outside Maine was constitutional because the state's economy was largely dependent on the fishing industry
McCulloch v. Maryland
Supreme Court ruling (1819) confirming the supremacy of national over state government. greatly expands power of nat gov.
constitutional law
Supreme law of the land
amendments
T-H and L-G are technically ______________ to Wagner
U.S. v. Standard Oil of New Jersey
THE example for judicial activism in our country's history
amendment
Taft-Hartley is technically an ________ to Wagner
misappropriation
Taking or stealing a secret and using it without the owner's permission
conservation
Teddy Roosevelt was called the _____________ president
Payne v Western
Tennessee Supreme Court case where the rule of "employment-at-will" was expressed
Revised Uniform Limited Liability Company Act of 2006 (RULLCA)
Texas law that made it clear that one member leaving an LLC was not a "terminating event" as long as the other members stay in the LLC
statute
Texas recognizes express warranty by case law and _________
LLPs (1991)
Texas was the first state to have what business entity?
Company Regulations
Texas's name for Operating Agreement
fiduciary duty
That duty owed by an agent to act in the highest good faith toward the principal
Barron v. Baltimore
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
US v. Lopez
The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone.
Hughes v. Oklahoma
The Court held that the state law, which prohibited transportation of minnows outside the state when the minnows were caught in the state, was a violation of the dormant commerce clause because the real purpose of the statute was to try to make out-of-staters purchase the minnows in the state.
1938
The FTC's authority to regulate unfair or deceptive practices along with antitrust law began in?
formal amendment and judicial interpretation
The U.S. Constitution can be changed by?
fair use
The ability to use a small amount of copyrighted work without permission, but only in certain ways and in specific situations (schoolwork and education, news reporting, criticizing or commenting on something, and comedy/parody).
codification
The act or process of rendering laws in written form
firm concentration and barriers to entry
The big issue is determining which mergers lessen or at least threaten competition and which do not, usually determined by examining
interference with prospective economic advantage
The business intentional tort resulting from the unreasonable interference with another person's business prospects. The interference must involve conduct which is illegal or highly unethical.
contract clause
The clause in the U.S. Constitution that prohibits the government from unreasonably interfering with an existing contract.
connecticut compromise
The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives.
separation of ownership and control
The dispersal of ownership among many small shareholders, in which control is largely concentrated in the hands of salaried, professional managers who own little (or no) equity.
direct examination
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.
Omnibus Transportation Employee Testing Act
The federal law that requires drug (and alcohol) testing of employees in transportation-related occupations, including airline, railroad, trucking, and public transport workers.
HIPAA of 1996
The federal legislation enacted to provide continuity of health coverage, control fraud and abuse in healthcare, reduce healthcare costs, and guarantee the security and privacy of health information
Federal Water Pollution Control Act of 1948
The first federal action regarding water pollution Provided technical assistance but nothing else
venue
The geographical district in which an action is tried and from which the jury is selected.
tradable permits system
The government decides the optimal annual amount of environmental discharge of a particular emission and then permits are distributed based on a percentage of their production or by auction
Consumer Product Safety Improvement Act
The law enacted in 2008 requiring safety testing for children's toys and products, controversial for its impact on small businesses and secondhand stores.
standing to sue
The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.
beyond a reasonable doubt
The level of proof required to convict a person of a crime in criminal court
federal district courts
The lowest tier of the federal court system and similar to the trial courts that exist in each state
rational basis test
The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is assumed to be constitutional as long as its goals are clearly linked to its means.
rule of fours
The need of 4 justices by secret ballot to grant writ to hear a dispute
appellee
The party opposing the appeal
complaint
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.
judicial review
The power to declare an act of Congress, or the president, unconstitutional and thus unenforceable
enumerated powers
The powers explicitly given to Congress in the Constitution.
new jersey plan
The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population
commerce clause
The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.
preponderance of the evidence
The standard of proof in a civil case
Virginia v. Black
This case stated that cross burning was the equivalent of "fighting words", and was thus unconstitutional
Kefauver-Harris Amendment
This requires drug manufacturers to provide proof of safety and efficacy.
tippees
Those who receive "tips" from insiders
$1.1 billion
Total amount paid by Michael Milken
county court at law
Trial courts created by statute to assume the responsibilities of constitutional county courts in counties with larger populations.
taft-hartley (was overridden)
Truman vetoed what act
Griggs v. Duke Power
U.S. case that recognized disparate impact
Drug-Free Workplace Act
U.S. law that requires federal contractors with contracts of $25000 from federal government to certify they are maintaining a drug-free workplace.
Lawrence v Texas
Using right of privacy, struck down Texas law banning sodomy.
Gun Free School Zones Act
Using the commerce clause, congress ordered schools free from guns. DECLARED UNCONSTITUTIONAL IN US V LOPEZ as an unreasonable application of commerce clause
Sunland Inc
Voluntary Recall of almond and peanut butter products after 29 complaints of sick ppl
International Workers of the World
Wanted social unionism - Failed miserably in America - wore Red Sashes (Wobbies)
implied warranty of fitness for particular purpose
Warranty given by seller to buyer that promises goods will meet the buyer's specified needs.
intolerable acts
What the colonists called the Coercive Acts
horizontal market division
When Competitors divide the Market between one another along the basis of Region, Product, or some other term
US copyright office
Where are copyrights registered?
rhode island
Which state did not attend the Constitutional Convention?
general counsel
Who decides what ULPs to prosecute
plessy v ferguson
a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal
Plessy v. Ferguson
a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal (separate but equal case)
Robinson-Patman Act
a 1936 law that makes illegal any price discrimination if it injures competition
Endangered Species Act
a 1973 U.S. act designed to protect species from extinction
Articles of Incorporation and bylaws
a C-Corp is governed under state law by...
dividing states into AQCRs
a SIP is used for (dividing states into AQCRs/acid rain issues)
L-G
a bill of rights for union members was created with the passing of which statutory law passed by congress
first
a business's right of freedom of speech is found in what amendment
mesothelioma
a cancer of the lining of the lungs caused by exposure to asbestos and is usually fatal
short swing profits
a capital gain made by buying and selling the company stock within any six-month period
Fisher v. University of Texas
a case which ruled that strict scrutiny should be applied to determine the constitutionality of a race-sensitive admissions policy.
counterclaim
a claim made to rebut a previous claim.
S corporation
a closely held corporation that meets certain requirements of the IRS to avoid double taxation
Committees of Correspondence (1772)
a colonial network of passing information about british activities throughout the colonies
trade name
a commercial, legal name under which a company does business
target company
a company that another company wants to buy
disparate impact
a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities
condition precedent
a condition that must be fulfilled before a party's performance can be required
pretrial conference
a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial
Partially Executed Contract
a contract at the stage when one party has performed and the other has not
unconscionable contract
a contract that courts refuse to enforce in part or at all because it is so oppressive or manifestly unfair as to be unjust
implied contract
a contract that is inferred from the conduct of the parties
express contract
a contract that is stated orally or written
unliquidated debt
a debt that is disputed because the parties disagree over its existence or amount
default judgment
a decision that the plaintiff wins without trial because the defendant failed to answer in time
conditional (qualified) privilege
a defense in defamation cases affirming that the defendant published in good faith or as part of a duty to publish; it protects the defendant in a case that may otherwise be actionable
affirmative defense
a defense whereby the defendant offers new evidence to avoid judgement
consent decree
a document advertisers sign, without admitting any wrongdoing, in which they agree to stop objectionable advertising
Federal Patent Statute of 1952
a federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement
Federal Arbitration Act
a federal statute that provides for the enforcement of most arbitration agreements
civil theft
a good way to think about conversion is
patent
a grant from the fed gov that gives the applicant the exclusive right to make, use, sell, or allow others to use an invention for 20 years from the date of the filing of the application
70%
a large percentage of cases that go before the NLRB are usually dismissed by the agency. what percentage is this typically for a year?
Montana Wrongful Discharge from Employment Act
a law in the state of Montana outlawing the doctrine of employment at will
Privacy Act of 1974
a law that gives citizens access to the government's files on them
contract
a legal agreement of the parties to do something not obligated to do or to refrain from doing something legally entitled to do
Bona Fide Occupational Qualification (BFOQ)
a legally permissible way in certain situations to be able to discriminate against a protected class based upon creating a business model... a Catholic church can refuse a Rabbi to head the congregation, limited use in US
Limited Liability Limited Partnership
a limited partnership in which the liability of the general partners has been limited to the same extent as in an LLP
justice of the peace court
a low-ranking court with jurisdiction over minor civil disputes and criminal cases
mutual mistake of a material fact
a mistake made by both parties concerning a material fact that is important to the subject matter of a contract
mutual mistake of value
a mistake that occurs if both parties know the object of the contract but are mistaken as to its value
appellant
a person who files an appeal
forum shopping
a practice whereby the plaintiff chooses a court in which to sue because he or she believes the court will rule in the plaintiff's favor
12 months
a provisional registration for a patent will be abandoned if the inventor does not file nonprovisionally within...
Toxic Release Inventory (TRI)
a publicly available database containing information on toxic chemical releases and other waste management activities in the United States.
counteroffer
a rejection of the original offer and the simultaneous making of a new offer
rejoinder
a reply to a reply, especially from the defendant in a legal suit
request for production
a request to an opposing party for documents relevant to the lawsuit
directed verdict
a ruling that the plaintiff has entirely failed to prove some aspect of her case
cross-action
a separate and independent lawsuit brought by the defendant against a plaintiff for some reason arising from the same transaction or event that is the basis for the plaintiff's lawsuit.
Delaware Chancery Court
a special court established in that state to adjudicate corporate governance issues
concurrent opinion
a statement that agrees with the majority opinion, but for a different rationale
wildcat strike
a strike not approved by the strikers' union
Attractive Nuisance Doctrine
a tort rule that imposes liability on a landowner to children who have been attracted onto the landowner's property by an attractive nuisance and who are killed or injured on the property
adversarial system
a trial system that is a contest between opposing sides
proxy
a written authorization for someone to vote on behalf of the person signing it
express warranty
a written explanation of the producer's responsibilities in the event that a product is found to be defective or otherwise unsatisfactory
contractual capacity
ability to understand that a contract is being made and its general meaning
30
about how many states have passed off-duty conduct statutes that prevent firing someone for their legal activities outside work
half
about how many states have passed right to work laws
unliquidated debt
accord and satisfaction can only be used in cases of...
5%
according to Williams Act, any prospective purchase of more than ____ of a company's tock must file a tender offer proposal with the SEC
consulting
accounting firms are forbidden in providing certain types of __________ services to their audit customers
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
act administered by the EPA that gives power over pesticides and related chemicals, says they must be *registered* with EPA before they can be sold
Railway Labor Act
act that provides for railroad worker unions
Landrum-Griffin Act
act that regulates the internal affairs of unions
Toxic Substances Control Act
act that says manufacturers must *test* new chemicals and EPA can limit or prohibit manufacture or sale of toxic substance
constitutional rights
administrative agencies's investigatory powers are limited by
threat of public exposure, fines, court action
administrative tactics of enforcement
has all advantages of partnerships
advantages of an LLP
advisory opinions
advertisers can request these from the FTC as to whether a proposed ad will meet FTC standards
settlement of $206 billion, no more billboards, no cartoons, required corrective ads and stop Joe Camel ads
after Congress told FTC they actually can regulate unfair ads (as opposed to what FTC Improvement said), what did they do to Joe Camel
independent executive agency
agencies that are created like an executive agency but are not placed under a cabinet
executive agencies
agencies that are part of the executive branch, and they usually are placed within the hierarchy of an executive department
Nuclear Regulatory Commission (NRC)
agency charged with insuring safety of nuclear power plants
Agency by Apparent Authority
agency relationship where agent does not have actual authority, but principal can be liable if they know agent is acting on their behalf and they lead a third party to believe the agent can represent them
independent agency
agency that is not under anyone's direct control, created by congress, usually has a board or commission
result
agreed partial performance of a contract
accord
agreement between parties for different performance than required in contract
congress
all powers of an administrative agency are granted to the agency by
20 days
all takeover offers must be put on the table for at least
Hatch-Waxman Act
allowed FDA to approve generic versions of brand-named drugs
Family and Medical Leave Act
allows employees to take up to 12 weeks in a 12-mth period of UNPAID leave
tenth amendment
amendment that says the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Burlington Northern & Santa Fe Railway v. White
an AA and white employee caught doing illegal off-duty conduct, white employee fired, AA stayed on because of quota system. White employee sued and won for reverse discrimination.
quartering act
an act passed by the British that allowed British troops to live in the homes of the colonists
seller, advertiser
an advertisement is considered to be an offer from a _____________ not a _____________ in the realm of contracts law
implied authority
an agent's authority to do things not specifically authorized in order to carry out express authority
resale price maintenance
an agreement between a manufacturer and a distributor on the price at which a product will be resold
Operating Agreement
an agreement that governs the internal affairs of the LLC and relations among the members, managers, and officers
questions of law
an appeal to the US Court of Appeals can only be regarding what?
command-and-control
an approach to protecting the environment that sets strict legal limits and threatens punishment for violations of those limits
proxy contest
an attempt to gain control of a firm by soliciting a sufficient number of stockholder votes to replace existing management
Mitigation of Damages
an equitable remedy requiring a plaintiff to have done whatever was reasonable to minimize the damages caused by the defendant.
reformation
an equitable remedy used when the parties have imperfectly expressed their agreement in writing
OSHA
an example of a dependent agency
Consumer Product Safety Commission
an independent agency of the United States government that sets and enforces product safety standards and collects and disperses information
physical manifestation of harm
an intentional infliction of emotional distress ruling usually requires what
asbestosis
an irreversible thickening of the lung linings and eventually suffocates the victim
intervening illegality
an offer is terminated if the performance of the contract it proposes becomes illegal before the offer is accepted
Homestead Steel Strike
andrew carnegie's chairman cut worker pay by 18% while he wasn't there, built 12ft high fence around plant, hired pinkertons but they didn't get in in time, 9 workers and 7 pinkertons killed, strike broken w pennsylvania militia
10K
annual financial report required by SE Act of 1934
increase
another approach for improving corporate governance and lessening the principal-agent problem is to __________ the number, power, and independence of outside directors on the company's board of directors
federal anti-injunction act
another name for Norris-Laguardia Act
National Labor Relations Act
another name for Wagner Act
Agency by Estoppel
another name for agency by apparent authority
judge-made law
another name for common law
qualified privilege
another name for conditional privilege
Food Additives Amendment
another name for delaney clause
dependent agency
another name for executive agencies
monetary damages
another name for legal remedies
implied-in-law contract
another name for quasi contract
anticipatory breach
another name for repudiation
trade libel
another name for slander of quality
legislative law
another name for statutory law
trust buster act
another name for the Sherman Antitrust Act
trespass to chattel
another name for trespass to personal property
prevent and punish anticompetitive practices
antitrust law is designed to prevent...
barriers to entry
any characteristics of the relevant market that make it particularly difficult for new firms to enter and thereby compete w established firms
advertising
any communication that businesses offer customers in an effort to increase demand for their products
equitable remedies
any form of relief that does not involve a request for monetary damages
food additive
any ingredient that is added to food that was not naturally occurring in the food or that was naturally occurring but was lost during the preparation of the food production process
trademark
any word, name, symbol or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods
complete
anything less than _______ performance is breach of contract
trade secrets
anything the business wants to keep secret from their competitors, such as formulas, customer lists, price lists, research, plans for future, marketing
district court within its jurisdiction
appellate court precedent is only binding on ...
Compulsory Licensing
applies to sound recordings, a system allowing copyrighted works to be used without negotiation or consent in exchange for mandatory payment of royalties
"balancing of interests" approach
approach by the courts that allows the state and fed govs to limit the right of free speech when other social values predominate
neither
are conglomerate mergers horizontal or vertical
yes
are employers almost always required to bargain collectively
legal remedies
are equitable or legal remedies more common
no
are equitable remedies available if legal remedies are sufficient
no
are independent contractors protected under Wagner
no
are self-dealing transactions always a violation of the duty of loyalty
broad
are the enabling statutes broad or narrow
NO NO NO
are there punitive damages in contracts
no
are there standards yet for indoor air
yes
are tippees liable
yes
are treaties an example of federal law
no by common law, some states allow by statute
are you allowed to use deadly force to protect your property
no (but its still beneficial)
are you required to give notice after obtaining a copyright
negligence
arises to due failing to use reasonable care
clayton antitrust act
attempted to address many of the holes left by the Sherman and those created by the courts in interpreting it
5 years
auditors are required to keep records for how long
Safe Drinking Water Act (1974)
authorizes EPA to establish national drinking water standards, forbids dumping of wastes into wells used for drinking purposes
per se violations
automatic violations of section 1 of sherman
state
basically the type of law that governs all business entities (to my understanding) is ________ law
no case law, no federal protection
because of the newness of LLCs...
silicone breast implants
best example of FDA's authority over medical devices
Certificate of Organization
birth certificate of the LLC
outside directors
board members who are not employees of the firm
tombstone ads
brief announcements identifying the security and stating its price, by whom orders will be executed, and from whom a prospectus may be obtained
southern
bryan, TX is in what federal district court
intentional interference with contractual relations
business intentional tort where a valid contract between two parties is interfered with by a third party who knew about the contract and induced someone to breach it
disparagement
business intentional torts that is basically business defamation
false advertising
business intentional torts where advertising that is misleading in some important way, including the failure to reveal facts about possible results from using the advertised products
1100
by the time the first cleanup barge arrived to the Exxon Valdez disaster, how many miles of Alaskan coastline was covered in oil
Wagner
called the Magna Carta of the labor movement
Food, Drug, and Cosmetic Act of 1938
came after elixir sulfanilamide issues, greatly expanded the power of the FDA, gave new penalties
yes
can CCAL be original court of juris
yes
can a partnership technically operate with no formalities
yes (as opposed to LP)
can all members take part in management of LLP
yes
can an administrative warrant be waived
yes but rarely
can appeals cases in AL be de novo
vertical market divisions
can be territorial restraints where a manufacturer tells a retailer where they can sell a product such as in a distributorship, or customer restrictions
yes
can consent be implied
yes
can county court be court of original jurisdiction
yes
can failure to speak amount to fraud
yes
can judiciary review agency decision
yes
can municipal bodies also pass statutory laws
yes (but not usually)
can municipal court be a court of record
no
can parties truly discharge in subjective impossibility
no
can private parties file suit under FTCA
no
can something that is public domain be patented
yes (no)
can state law conflict with nat law (does congress always preempt)
no
can teachers go on strike in TX
yes
can the administrator of the EPA be removed by the president
yes but ONLY if the innocent party allows them to
can the breaching party in a repudiation situation change their mind and perform the contract to discharge
worker's comp
can you recover more money taking worker's comp or suing for negligence
Greenman v. Yuba Power
case about shopsmith tool, called for Product Liability based on Strict Liability of tort under the law
US v. Suntar Roofing
case law for horizontal market division
Palsgraf v. Long Island Railroad
case law for proximate cause
Texaco v. Pennzoil
case law of intentional interference with contractual relations
Baxter v. Ford
case law that says Express Warranties are Binding, and Manufacturers are Liable if the Product fails to perform as stated
Henningsen v. Bloomfield Motors
case law, recognized the existence of implied warranty
Citizens United v. FEC
case that changes everything about political speech by a business
marbury v madison
case that established judicial review
macpherson v buick
case that established the idea of Products Liability based on Negligence
ILA v Jacksonville Bulk
case that established what is and what is not a labor dispute
Phipps v Clark Oil
case that made it illegal for employees to be discharged for disobeying the law
NLRB v. Mackay Radio
case that makes it clear that the employer is free to hire permanent or temporary replacement workers (scabs)
gibbons v ogden
case that said in order to fall under commerce clause, a business must "concern itself with more than one state". This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey.
NLRB v. Washington Aluminum
case that said non-union employees were protected under law for concerted activity when the activity was for "mutual aid or protection"
Brunswick v. Pueblo Bowl
case that said only those actions that were anticompetitive fell under antitrust law
NLRB v Babcock
case that says nonemployees are allowed on site (as long as they don't affect productivity) to drum up support for unions
Gitlow v. New York
case where SC made 1st amendment apply to states (communist guy)
NLRB v. Jones and Laughlin Steel Corp.
case where SC said Congress could regulate in areas that have a "serious effect upon interstate commerce". expansion of commerce clause
Texaco v. Hasbrouck
case where he had own tanker truck, cheaper gas could beat competition, disallowed under price discrimination
New State Ice Co. v. Leiberman
case where states are referred to as "laboratories" for national law
McConnell v. FEC
case where the supreme court upheld all major elements of the Bipartisan Campaign Reform Act of 2002, including those permitted regulation of soft money and issue ads. later declared unconst by Citizens United v FEC
PWR Processing
case with "bait and switch" deceptive price advertising
price discrimination
charging different buyers different prices for no reason
commerce clause
chief clause of congressional power to regulate business
john marshall
chief justice of the SC during commerce clause
NCAA v. Board of Regents
cited CBS v BMI, said this was the only way to do business, court disagreed and ruled for the universities
National Resources Defense Council (NRDC)
citizen group that the EPA counts on the pressure polluters
tort
civil wrong other than breach of contract for which the law provides a remedy in the form of damages
specific and preventative, broad and punitive
clayton is _____ and ____ where sherman is _____ and ____
interstate commerce
commerce between states
intrastate commerce
commerce within a state
fundamental rights or suspect classification like race (highest protection)
compelling state interest test is involved in what classification of due process cases
implied contract
contract based on written or oral statements, or employer's past actions, statements, policies and practices
voidable
contract is _________ by child
executory contract
contract not fully performed on both sides
exclusive dealing contract
contracts under which a seller stops a buyer from purchasing the seller's competitors products
nothing
contributory negligence says that if the plaintiff is partially negligent, how much do they recover?
january 1, 1978
copyright act of 1976 gave automatic rights for copyright works after what date
national
copyright law is exclusively ________ law
state
corporate law is ______ law
business judgment rule
corporate officers and directors are held harmless for any decisions they make in good faith, after prudently exercising due care and diligence, even tif those decisions later prove to have been in error
closely held corporation
corporation that is not publicly traded and transfer of shares is limited within a small number of people, must follow corporate structure
where it does business
corporations can be considered 'citizens' of all states where...
Warner-Lambert v. FTC
corrective advertising case, Listerine was ordered to include in its ads that "listerine will not prevent colds", which they had claimed without any proof
loyalty
court are mush less tolerant of deviations from the fiduciary duty of (due care and diligence/loyalty)
Hester v. US
court case that births open field doctrine; authorizes open field searches w/o warrant
Cantwell v. Connecticut
court case that said the right to believe a religion is absolute, but right to practice the religion is not absolute
Heart of Atlanta Motel v. US
court case where SC ruled that federal gov could regulate a motel that was discriminating because interstate travelers would stop there, which affects interstate commerce
Wickard v. Filburn
court case where farmer grew more wheat than allowed because he was being funded by congress. Congress said they could regulate that because even though it was for his personal consumption, it would effect interstate commerce. Expansion of power of the Commerce Clause
in personam jurisdiction
court has territorial jurisdiction over the persons within its area of authority
in rem jurisdiction
court has territorial jurisdiction over the property (tangible and intangible) within its area of authority
Gonzales v O Centro
court held that could drink hallucinogenic tea (even though it was illegal) because of religious purposes (gov did not demonstrate a compelling interest in barring the church)
small claims court (people's court of texas)
court that was merged to the JP court recently because it was basically the exact same thing as the JP court WITHOUT CRIMINAL JURSIDICTION
it can be covered by another tort
courts discourage using IIED if...
$30 bill
courts forced manufacturers to set up trust fund totaling _______ to pay victims of asbestos
Public Company Accounting Oversight Board
created by SOX to establish and enforce ethical auditing standards for auditors of public companies
federal trade commission act
created the FTC and regulated unfair methods of competition and deceptive acts or practices of competition
Energy Reorganization Act of 1974
created the NRC
statutory
criminal law is exclusively ____________ law
trial
culmination of the litigation
Rehabilitation Act of 1973
curb cuts and handicapped ramps and signs are under both the ADA and what other law created by Congress?
immigration act of 1924
curtailed immigrants thus favored American workers, helped toward union movement
federal felony
cybersquatting is now considered to be...
liquidated damages
damages that parties to a contract agree in advance should be paid if the contract is breached
April 19, 1775
date of Lexington and Concord
Brady Handgun Violence Prevention Act
declared to be in part unconstitutional by Printz v US
libel
defamation in written form (or permanently recorded)
Lack of Power in the Industry
defense for mergers, Firms Merging have negligible effect on overall Market and so combining them would not affect Competition
absolute privilege
defense to defamation, says a witness testifying in a court or legislature may never be sued for defamation
poison pill
defense to hostile takeover that is anything that will make if more financially expensive to take control of the company
pac man
defense to hostile takeover that is basically a reverse hostile takeover (you try to take over the hostiles)
white knight
defense to hostile takeover where you get someone else who would be better suited to takeover
scorched earth
defense to hostile takeover where you sell off the portion of the company that the hostiles wanted to someone else (so hostiles don't want you anymore)
contributory negligence
defense to negligence that says failure of a plaintiff to exercise reasonable care for his own protection, which contribute to the injury
comparative negligence
defense to negligence which allows apportionment of liability between plaintiff and defendant, according to degree of responsibility each bears for plaintiff's harm
good faith and artisan's lien
defense to trespass to personal property
anticompetitive practices
deliberate actions by firms to harm their competitors rather than improving their own products and services
marbury was a judge that adams nominated, jefferson wouldn't give him his job, marbury sued
details of marbury v madison
no, it just set overtime pay for over 40 hours
did FLSA create the 40-hr work week?
no, just illegal restraint of trade
did Kraft v McConoughey give ruling that per se illegal?
yes
did george w bush allow dont ask dont tell to remain in place
no
did red m&ms contain red dye no 2
negotiation
discussion aimed at reaching an agreement, done w or without attorneys
slander of quality
disparagement related to false statement about the quality of property
slander of title
disparagement related to false statement of ownership of the business property
yes
do all 50 states have LLC legislation
yes (as opposed to LP)
do all partners have limited liability in an LLP
less
do cars have more or less rights to search and seizure
no
do civil and admin law have a court appointed attorney
more (new board members may feel obligated to the CEO)
do corporations that rely on the CEO to suggest board members have (more/less) of a conflicting interest
no (they will not bail you out of a dumb deal)
do courts generally care about the adequacy of the consideration
no
do federal districts cross state lines
judicial passivism (legislative intent)
do judges usually follow judicial passivism or judicial activism
no
do most business transactions result in litigation
no
do partners in an LLP have to be listed on the registration like the organizers in an LLC
no
do the 12 months for a provisional patent count in the 20 years for a nonprovisonal patent
no
do you have to prove injury to land for trespass to land theory
doctrine of incorporation
doctrine where the courts used the 14th amendment to incorporate many of the other protections afforded by the Bill of Rights so they'll be applicable to the states government
prospectus
document issued to possible buyers of a stocks and bonds outlining the financial condition of the company issuing those securities
yes (bc usually the corporate officials often negotiate with CalPERS before the vote comes around)
does CalPERS usually get what it wants
no
does FDA mandate labeling that a food product has been genetically engineered
yes, USDA
does NLEA apply to solely FDA-regulated foods? and if so, what other agency has voluntarily implemented them
no
does S corp have double taxation
yes
does SC have original court jurisdiction
yes
does TX have right to work laws
no
does TX recognize the tort of interference with prospective economic advantage
yes
does TX recognize the tort of malicious prosecution
no
does TX require privity of contract in express warranty or implied warranty
no
does TX use "reasonable duty"
rejection by offeree
does a counteroffer indicated revocation by the original offeror OR rejection by the original offeree?
no
does an agency relationship have to be in writing according to the Statute of Frauds
yes
does business unionism differentiate between skilled and unskilled laborers within the unionized system?
no
does court of appeals judge need prior judicial experience
no
does fifth amendment (against self-incrimination) apply to corporations
no
does fifth amendment apply to civil cases
no
does giving execs compensation in stock eliminate the principal-agent problem
yes
does going onto the property to improve it count as trespass to real property
no (just that they intended to do the action)
does intentional torts mean that the tort was intending to cause harm
no
does municipal judge need law degree
no
does public/private law have anything to do w publicity
no
does puffery count as fraud
no
does substantial performance discharge the breaching party from the contract
no
does texas have an anti-shoplifting statute
no
does the EPA have a lot of power to set standards
no
does the SEC rate securities
no
does the US believe in comparable worth
no
does the US have a provision for minority unions (unions that support ppl if the majority vote is not won)
no
does the duty of due care and diligence require directors to make the "right" decision
yes
does the fifth amendment provide protection from self incrimination on both the state and federal level
no (just a superior right) (example, lease of an apartment)
does trespass to real property mean you need ownership of the property
tx does, fed doesnt
does tx/fed gov use sunset laws
legal detriment
doing an act one is not legally obligated to do or not doing an act that one has a legal right to do
lawn darts
dubbed by some as the most dangerous toy ever
economic
duress must be more than ________ for it to be considered as affecting a person's ability to real and genuine consent
great strike of 1877 and Pullman strike
during which two strikes did the US army have to intervene?
duty to indemnify
duty of principal to agent that says principal must insure agent losses THAT ARE NOT THE AGENT'S FAULT
restitution
duty to return the object of the contract to the disaffirming party
separate law (in the lege)
each CCAL is created by...
30 days
employees must give how much notice if foreseeable under FMLA
employers
employment-at-will favors (employers/employees)
state common law
employment-at-will is based on what kind of law
registration and disclosure requirements to SEC for insiders
enforcement of 16b is facilitated how
stability, predictability, uniformity
enforcement of the law is the key that leads to what three things
court order
equitable remedies are usually a _______________ to do or not do something
sherman antitrust act
essentially outlawed trusts in the US and empowered the fed gov to break up an existing trust as it saw fit
U.S. v. Standard Oil of New Jersey
establishes the rule of reason, guts sherman
courts
everyone loved FDR except for the
FTC, NLRB, EPA
ex of economy wide regulatory agencies
ford employees boycotting ford's suppliers
ex of secondary boycott
Disney/Ovitz
example for fiduciary duty of due care and diligence dispute
Tidelands Automobile Club v. Walters
example of IIMD ruling in TX
coal industry, western coal has less sulfur dioxide so environmental regs don't hurt them as much
example of political problems in environmental regs
police officer
example of privilege defense
you promise someone a million dollars to a construction project, they start building bc they REASONABLY believe you and you back out
example of promissory estoppel
substantive says you can't murder, procedural determines the prosecution
example of substantive/procedural law in action
seniority system, merit system, differential based on anything other than sex
exceptions to Equal Pay Act
standard oil of california v US
exclusive dealing contracts case that said the company was restricting access in the relevant market
court's charge
explaining the law to the jury which the jury must follow
cartel
extreme example of horizontal restraint of trade
trademark is lost
failing to file the post registration documents for a trademark means
consumers and competitors
false advertising hurts who?
john marshall
father of the american court system
Council on Environmental Quality (CEQ)
federal agency that establishes national policies on environmental quality and then recommends legislation to implement these policies
sin taxes
federal tax on alcohol and tobacco
motion of judgment notwithstanding the verdict (judgment n.o.v.)
filed by losing party, verdict not supported by evidence
$1000 and/or 30 days
fine/jail time for "other users" under FIFRA
$25000 and/or 1 year
fine/jail time for commercial dealer under FIFRA
$50000 and/or 1 year
fine/jail time for producer/registrant under FIFRA
$50000 per day and/or 2 years
fine/jail time for the Noise Control Act
Lexington and Concord
first battles of the Revolutionary War
copyright act of 1790
first creation of copyright law which said what is and is not copyrightable material
Interstate Commerce Commission
first federal administrative agency
east india company and hudson bay company
first major corporations
Norris-LaGuardia Act
first national pro-labor law
River and Harbor Act of 1886
first of Clean Water Acts, it was a permit system to make sure that waterways were navigable
sugar act of 1765
first tax the british put on colonies. put taxes on sugar, wine, coffee, most of the products imported to colonies
municipal courts
first tier of texas trial courts
texas court of appeals
first tier of true state appellate courts
great strike of 1877
first time the army was used to break a strike
federal/state, private/public, civil/criminal, substantive/procedural, equitable/legal
five classifications of law
duty to cooperate, duty to compensate, duty to reimburse, safe work environment, duty to indemnify
five duties of principal to agent
same as fraud
five elements for deceit tort in false advertising
pleadings, discovery, pretrial, trial, appeal
five phases of litigation
copyrights, patents, trademarks, trade names, trade secrets
five types of intellectual property
predictability and uniformity
following precedent leads to what
yes, no (unless disobedience)
for disclosed/partially disclosed principals, is principal liable? is agent liable?
yes
for essential gov workers, is it still illegal to go on strike
yes
for existing plants that are point sources for water pollution, is cost severity and time considered into deciding what type of water control
no
for interference with prospective economic advantage, is an agreement in the form of a contract required
no
for new plants that are point sources for water pollution, is cost severity and time considered into deciding what type of water control
yes (unless agent was outside scope of authority), yes but principal will reimburse as long as within scope of authority
for undisclosed principals, is principal liable? is agent liable?
articles of dissolution
form filed once "winding up is over" to dissolve a LLC
copyright
form of protection for original works of authorship fixed in a tangible medium or that can be reduced to a tangible medium of expression and includes both published and unpublished works
Labor-Management Reporting and Disclosure Act
formal name for L-G
Public Company Accounting Reform and Investor Protection Act
formal name for Sarbanes-Oxley
Immigration Reform and Control Act
formal name for Simpson-Mazzoli
constitution
formal procedures for adopting statutes are set forth where?
corporate governance
formulating, overseeing, and monitoring the corporate process to shape its strategiv direction and performance, define its mission and scope, and assess its interactions with affected groups
judiciary act of 1787
found unconstitutional by courts in Marbury vs. Madison, which established judicial review
efficient plants have an incentive to reduce emissions, nonefficient plants have an incentive to adopt tech, society gets a reduction in emissions, permit system produces known amount of emissions
four adv to tradable permits system
drinking water, recreation, propagation of fish and wildlife, agricultural and industrial use
four areas regarding water that the EPA sets standards for
death, temporary partial disabilities, permanent disabilities, medical including prescriptions
four coverage categories of workers comp
ads are tasteless, creates false differences, allocates demand, high expense makes it difficult for new firms
four criticisms of advertising
volume discounts, cost justification, changing conditions, meeting competition
four defenses to predatory pricing
necessities, enlistment in military, marriage contracts, statute (insurance, banking, public transit, student loans)
four exceptions to minors being able to disaffirm contracts
Craft v. McConoughy
four grain merchants case that established antitrust common law
arbitrary or fanciful, suggestive, descriptive, generic
four labels of trademarks
Enron, Worldcom, Tyco, and Adelphia Communications
four major corporate governance scandals in early 2000s
prevent surprise, prepare for trial, preserve evidence, harassment
four purposes of discovery
appeasement, justice, deterrence, social insurance
four purposes of tort law
mistake, fraud, duress, undue influence
four reason that genuine assent might not be genuine
someone dies, subject matter destroyed, intervening illegality, becomes massively commercially impractical
four reasons for objective impossibility
25 year old, lived in county for past two years, practiced law/been judge for last four years, HAVE TO HAVE LAW DEGREE
four requirements of CCAL judge
voting, proxy solicitation, shareholder proposals, derivative actions
four rights of shareholders
med products and tobacco, foods, global ops and policy, ops
four subparts of the FDA
disparagement, false advertising, intentional interference with contractual relations, interference with prospective economic advantage
four types of business intentional torts
substantial fed question, state court in conflict w fed trend, court rules on issue not previously decided, conflict between circuits
four types of cases which usually get to the SC
STDs, sexual misconduct, criminal history, professional abilities
four types of defamation per se
depositions, interrogatories, request for admission, production of documents
four types of discovery
contractual exceptions, state common law (public policy), state statutory law, federal discrimination law
four types of exceptions to employment-at-will
medical costs, temporary payments, death benefits, payment for permanent disability
four types of financial benefits you can get from workers comp
using person's picture or name wo permission, intrusion (wiretapping), public disclosure (publishing credit report), publication that puts ppl in false light
four types of invasion of privacy
self reporting, hearings, subpoena, physical inspection
four types of investigatory powers
motion to dismiss for failure to state claim, summary judgment, challenge venue, temporary order
four types of pretrial motions
tort theories, states, foreign pressure, interest groups
four types of private protection of the environment
price discrimination, exclusionary practices, tying arrangements, mergers
four violation areas of clayton
is the speech legal? is gov interest substantial? does reg of speech directly advance that gov interest? AND does reg of speech go too far than is necessary to advance that gov interest?
four-prong test of commercial speech
Magnuson-Moss Act
gave FTC the power to act against all fraudulent practices and granted FTC power to regulate industry-wide behavior by formulating trade regulation rules
Trademark Law Revision Act
gave business owners the right to treble damages in false comparative advertising and instituted "intent to use" filing
Financial Services Modernization Act of 1999
gave commercial banks the full authority to enter the investment banking and insurance business
Nutritional Labeling and Education Act 1990
gave the FDA explicit authority to require mandatory nutritional labeling on almost all food products and specified what nutrients had to be listed on the labels
Texas Gulf Sulfur Case
geologist fibbed on report showing no value on land so minor investors bailed while major investors knew gold was on land so bought out minor investors
Supreme Court Selection Act of 1988
gives SC the right to almost total discretion over which cases will be accepted for review by the SC
Williams Act
gives SEC most of its control over takeovers
Uniform Trade Secrets Act
gives statutory protection to trade secrets, not very helpful though
Securities Exchange Act of 1934
goal of this law is to provide investor with sufficient information for the investor to decide to sell or hold securities and also to restrict the ability of the use of inside information
OPEC
good international example of a cartel
regulation
governmental interference with private business
substantive law
group of laws that define rights and duties
New England Compounding Center
had to issue a recall on compounding drugs that caused a meningitis outbreak that killed over 50 people and created a new interest in the compounding pharmacies for the FDA
no
has texas accepted the changes on product liability in the restatement (third) of torts
yes
has texas adopted the second restatement of torts
interlocking directorates
having the same people sit on competing corporation's board of directors, restricted by clayton section 8
compelling state interest
highest-level standard. a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently
CBS v BMI
horizontal price fixing --There's no way of knowing how many times a song is sung, etc. --set prices based on a guess --Defense: it's the only way to do it *this is an exception to idea that horizontal price fixing is per se*
Appalachian Coal v US
horizontal price fixing. they used rule of reason even though they shouldn't have. *this is the case that they sweep under the rug* and pretend didn't happen.
executive order
how are executive agencies usually created
state wide partisan elections
how are justice elected for texas supreme court and texas court of criminal appeals
appointed by pres, confirmed by senate
how are ppl put on the NLRB
11 for states, 1 for DC, 1 specialized
how are the federal courts of appeals courts split up
words or actions
how can a minor disaffirm/ratify a contract
with the consent of all LLC members
how can an Operating Agreement be amended
ratify non-agent's actions OR fail to disaffirm them
how can an principal ratify a non-agent's action in an agency by ratification
congress can propose a constitutional amendment
how can congress circumvent a supreme court decision
lock door
how can someone implicitly establish that someone is a trespasser
executive orders, appointment of executive officials, appointment of judges
how can the president (executive) influence law
executive order
how can the president (executive) make law
executive order by Nixon
how did the EPA come to be
pres appoints, senate confirms
how do federal judges get their jobs
administrative warrants
how does OSHA get permission to inspect
opening statements, direct exam by plaintiff, cross exam by defense, re direct, re cross, next witness, plaintiff rests. defense asks for directed verdict, defense presented, defense rests. plaintiff rebuts, defense puts on rejoinder, closing arguments
how does a trial go down
notice of appeal, designation of record, brief filed by appellant/appellee, oral argument, decision
how does an appellate trial go down
they give them money
how does congress ultimately have control over independent agencies
give notice by publishing draft in Fed Reg, formal hearing, agency writes final draft and publishes
how does formal rulemaking work
threatening losing exemption
how does gov keep MLB in check if they are exempt from antitrust law
agency gives notice by posting draft in Fed Reg, public send comments for 30 days, final draft posted in Fed Reg
how does informal rulemaking work
EPA issues complaints, grants a hearing before an ALJ
how does normal procedures of EPA work
by a promise
how does promisee accept a bilateral contract
by performance
how does promisee accept a unilateral contract
from ALJ to administrator of EPA, then federal courts
how does the appeals system work for the EPA
collect authorization cards, petition NLRB to schedule election, down time, election by secret ballot, certify union
how does union representative election process go (start to end)
like sole proprietorship or partnership
how is a closely held corporation operated like
30% of employees sign authorization cards expressing their interest in unionization
how is a union representative election triggered
state statute
how is an LP created
Herfindahl-Hirschman Index (HHI)
how is concentration of market power determined
serving the defendant with a summons
how is in personam jurisdiction accomplished
shareholders elect
how is management decided in a corp
members choose member-managed or manager-managed
how is management decided in an LLC
you have to sell membership back
how is membership normally transferred in an LLC
10 years
how long are registered trademarks good for
12 years
how long did FDA ignore the warning signs about silicone breast implants
20 years
how long did Sonny Bono extend copyrights
140 years
how long did the house of burgesses work
20 days plus next monday
how long do defendants have in TX to answer
1 year
how long do you have after the public begins to use your invention to file a patent application
20 (10 in lower state courts)
how long does a defendant have to respond to being served
3 years
how long is a CBA usually
4 year term
how long is a JP judge term
author's lifetime plus 70 years (plus extra 20 years from sonny bono), or if published 95 years from date or 120 years from creation
how long is a copyright protected
20 years
how long is a patent protected
6 years
how long is a term for tx sc and tx coca judges
10 years
how long is a trademark protected
one day, at least four
how long was the haymarket protest supposed to last, how long did it last
800
how many JP courts in TX
400000
how many british troops were in teh colonies during the rev war
100-150
how many cases a year get to the SC
unlimited
how many challenges for cause can an attorney have
thirteen
how many circuits for the federal courts of appeal
one
how many classes of members can an LLC have
50000
how many colonist soldiers where there in teh rev war
6 out of 98
how many counts did michael milken plead guilty to
three
how many district courts does brazos county have
four
how many districts for federal courts are there in TX
15
how many employees have to be at a company for ADA to apply?
15 full time
how many employees have to be at a company for Title VII to apply?
94, at least one per state
how many federal district courts are there
24 million
how many immigrants came to US from 1870-1920
9 (8 associate justices, 1 chief justice)
how many judges are in the SC
1
how many judges in CCAL
1
how many judges in a county court
normally three judge panel, varies circuit to circuit
how many judges in a federal court of appeals
1
how many judges in state district court
3-13
how many judges in the state courts of appeals
6 or 12
how many jurors in a civil case
9
how many justices are on the tx sc
9
how many justices on the texas court of criminal appeals
6 different on two levels
how many kinds of civil trial courts are there the texas
200
how many known pollutants existing in groundwater
5
how many members are on the panel of the FTC
5
how many national parks did Teddy R create
3-15
how many peremptory challenges can you have in Texas
5
how many ppl on PCAOB
35000 killed and 500000 injured
how many ppl were injured/killed in work-related accidents from 1905-1920
21
how many recognized defenses are there to patent infringement
2 sets of 30
how many sets of questions can you send in interrogatories
450
how many state district courts in TX
40
how many state have adopted the Uniform Trade Secrets Act
14
how many texas courts of appeals
six (LLC, LC, Limited Company, Limited Liability Company, L.L.C., L.C.)
how many ways are there to list LLC in the name
3 billion
how much did Texaco v Pennzoil eventually settle for
$3.2 bill
how much did dow corning offer to settle the breast implants case
$5 mill in actual damages and $20 mill in punitive damages
how much in damages did the jury award in the silicone breast implants class action to a woman who had flu-like symptoms
$7000
how much is a nonserious or serious violation from OSHA
$70000
how much is a repeat or willful violation from OSHA
the amount of their investment
how much is an owner of a corporation liable for
$7000 per day
how much is failure to correct violation from OSHA
$7000 per day
how much is knowingly making a false statement in OSHA records
$250 mil and 12 years
how much money and time on average does it take for a drug to get approved by the FDA
rarely
how often do third parties solicit shareholders proxies
file Articles of Organization with Texas Secretary of State
how to create an LLC
basically the more extensive/detailed/rude it was, the more likely it was conversion
how to tell the difference between conversion and trespass on personal property
it was used to get an injunction to stop unions
how was sherman used by employers to stop unions
they would send case to DOJ for them to sue
how would the EPA bring criminal sanctions against you
trial de novo
if CCAL serves as appellate court, what is the case called
1000, 1000-1800, 1800
if HHI is under _____, merger is usually allowed. if between ____________, merger may be challenged. above _____, merger will probs be challenged.
yes
if a minor misrepresents their age, can they still disaffirm
void
if after adjudicated insane, then enter into contract, that contract is ________
power of attorney
if agency by agreement is in writing, what is it called
most likely no
if agent commits unauthorized torts, is principal liable?
when the offeror receives it
if an acceptance was improperly communicated (ex. w/o a stamp), when has it been legally communicated
YES YES
if an agent engages in negligent actions or criminal activity under the principal's instructions, is principal liable?
four years
if an employee in Montana is wrongfully discharged, they may be rewarded wages and benefits for up to how long?
trial before ALJ who can dismiss the complaint or issue a cease and desist order
if can't agree on a consent decree, what happens next
disparagement
if false advertisement attacks competitor's product, competitor can sue for __________________ of competitor's goods
Lanham Trademark Act
if false advertisement concerns advertiser's own product, they will be liable under what federal act
citizens of two diff states AND amount in controversy must exceed 75000
if federal court is claiming subject matter jurisdiction by diversity of citizenship, what two things have to be in place
voidable
if intoxicated at the time of entering into contract, the contract is __________
strong
if managers believe that their talents will be recognized and rewarded for performing their duties successfully, they will have (strong/weak) incentives to work in the corporation's (and shareholder's) interests
void
if mutual mistake of material fact, what can parties do to contract
does not
if something is posted on the internet, it (does/does not) mean that it is public domain and copyright is irrelevant
extracurricular activites
if students are involved in __________ you can be forced to submit to a drug test
merger would be disallowed as they could help consumers by being potential competitors
if the FTC were to look over this potential merger and base its decision upon the Procter & Gamble v FTC case, what would likely occur regarding this merger?
yes
if the alleged principal ratifies the agent's actions in an agency by ratification, are they liable?
no
if the alleged principal says no to the agent's actions in an agency by ratification, are they liable to the agent's actions?
EEOC
if the comparable worth doctrine were to apply in the US, who would enforce it?
trial de novo
if the county court is an appellate court, what is the trial called
it was ratified after full disclosure to shareholders or by disinterested majority of board
if the court is not convinced that the self-dealing deal is fair, then the deal will only be allowed if
section 7 of clayton
if the gov files suit to block a merger it is usually under
more
if the industry is noncompetitive, then the officers have (more/less) ability to run the company in their own interests, rather than in the interests of the shareholders
highly, less
if the market for its products is (highly/not really) competitive and/or changing, the corporation's officers must continually strive to develop new products, reduce costs, and eliminate waste. in such circumstances, corporate officers have (more/less) ability to act as faithless agents
yes
if the principal says no in an agency by ratification relationship, is the agent bound to the agreement?
underwriter, corporate director, or corporate officer for statutory fraud
if the registration statement contains a material misrepresentation, an investor who suffers a loss may sue who for what
upheld
if the self-dealing is fair to the corporation, it will be (upheld/dismissed)
compelling state interest
if the state of Louisiana passes a law that treats white people one way and AA another, how would the Louisiana gov have to justify the difference (what test)
can go out on strike at any time, employers CANNOT hire replacements
if the strike is about worker safety (ULP), what are two facts about it
timeliness and standing
if you want judicial review of administrative agency, what are the two requirements
insider trading
illegal practice of using special knowledge about a firm for profit or gain
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
wisconsin
in 2012, controversial legislation was enacted in what state reducing the rights of public employee unions in that state
58 cases against 131 individuals/firms
in 2012, how many cases were brought against ppl for insider trading
pullman strike
in Chicago, Pullman cut wages but refused to lower rents in the "company town", Eugene Debs had American Railway Union refuse to use Pullman cars, Debs thrown in jail after being sued, strike achieved nothing, Cleveland sent in fed troops and at least 26 ppl killed
pass directly to shareholders
in S corp, where do profits go
no
in TX do we have the duty to flee
serving to someone over age of 14, nailing to door, publishing in hometown newspaper
in TX, if a judge signs an order authorizing substituted service, then service can be obtained by
information
in US policy towards the capital market, ______ is key
the government's prosecutor
in a criminal case, who is the burden on
adopt technology to eliminate the excess
in a tradable permits system, for pollution above the permit amount what do producers do
the shareholders (not the corp)
in an S corp, who pays taxes
yes
in an agency by apparent authority situation, does alleged principal have to know the agent is acting on their behalf
harm, contact
in battery cases, physical _____ is not required but physical ______ is
limited
in both member and manager managed, members have ________ liability
no
in collective bargaining, does an agreement HAVE TO be reached
quantity
in definite terms and conditions of a contract offer, what is REQUIRED
yes
in disparagement do you have to prove malice
employers
in employer-employee situation, who is liable for the torts of the employee
yes
in respondeat superior, would agent have duty to indemnify principal for torts they commit
yes
in texas, do you have the right to die
14
in the Exxon Valdez disaster, the first cleanup barge did not reach site for ___ hours
deceit
in the case of false advertising, the common law tort of ________ is available to consumers when an advertiser misrepresents the quality of goods and services
featherbedding
in the scenario where a worker isn't doing as much work as they can in order to get their management to bargain with the union, what is this to be considered?
quasi contract
in the situation where Swim tells you to do work and you do it and then he tells you that you needed a permit so he won't pay you, but then the courts order him to pay you anyways, what situation is this?
federal law
includes all laws developed under the authority of the Constitution by Congress, the President, or federal regulations
state law
includes ordinances passed by local governments, laws passed by state legislatures, and the laws created by state regulatory agencies
100
indoor air may be ____ times as polluted as outside
undue influence
influence that is asserted upon another person by one who dominates that person
Ocean Dumping Act
informal name for Marine Protection, Research and Sanctuaries Act
hearsay
information received from other people that one cannot adequately substantiate; rumor.
Ivan Bosky and Peabody Corp
informed on Michael Milliken because the SEC was investigating him for Rule 10b-5
Chiarella v. US
insider trading case where a printer offsite had documents in possession and used info to make lucrative purchases, court found NOT GUILTY of Rule 10b-5 as he didn't have a duty to disclose
60%
institutional investors own ______ of the typcial company listed on the NYSE
battery
intentional act of physical contact or offensive touching of someone else without his or her permission
assault
intentional act placing a person in fear or apprehension of immediate bodily harm or offensive contact
Intentional Infliction of Mental Distress
intentional tort of intentional conduct by a person that is so outrageous that creates severe mental or emotional distress in another
false imprisonment
intentional tort of intentional holding or detaining of a person within boundaries if the person is harmed by such detention
invasion of privacy
intentional tort of invasion of a person's right to solitude, an UNWARRANTED public exposure
defamation
intentional tort of publication of a false statement that tends to injure a person's reputation or goods name causing the public to hold that person up to hate, contempt, or ridicule, or cause him/her to be shunned or avoided
malicious prosecution
intentional tort of wrongful use of legal proceeding, civil or criminal
Fraud
intentional tort where any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
corporate governance
involves constraining and controlling managers of corporations so the corporation is governed in the best interest of the shareholders
deposition
involves the oral testimony of witnesses before the attorneys for the parties and a court reporter
BACT
is BACT or RACT more expensive
LLC
is LLP or LLC more popular
remedial
is NLRA remedial or punitive
yes
is a closely held corporation considered a C corp
no
is a concurrent opinion precedent
no
is a contract required for interference with prospective economic advantage
no
is a county judge required to be an attorney
no
is a provisional patent examined on the merits
prior to SEC approval
is a red herring (prior/after) SEC approval?
if they receive personal benefit from it
is a tipper guilty of 10b-5?
Agency by Ratification
is an agency relationship that is created because the principal approved of an agents unauthorized action after the action occurred.
agency by agreement
is an agency relationship that is created by an oral or written contract between the agent and principal.
NO NO NO
is breach of contract a tort
civil
is clayton civil or criminal
varies state to state
is contract law uniform or does it vary state to state
minority
is contributory negligence majority or minority rule
yes
is deceptive ads always unfair
no
is due process defined in const
no
is employer usually liable for independent contractor's torts
no
is freedom of speech absolute
no
is harm to the land necessary for trespass to real property
no
is relief offered if mutual mistake of value
less
is right against unreasonable search and seizure of a business more or less protected than an individual
no
is right of privacy specifically recognized in const
no
is section 2 of sherman a legal tool for preventing monopolies BEFORE they arise
no
is shopkeeper's privilege statutory in TX
yes, common law
is shopkeeper's privilege used in TX
no
is state district court appellate
no
is strict liability = absolute liability
yes
is symbolic speech protected
yes
is the intent of civil law to provide remedies for victims of crime
no
is the intent of criminal law to provide remedies for victims of crime
no
is the minimum wage today enough to keep ppl above the poverty line
both
is the principal liable when the agent has actual OR apparent authority
no
is the right to privacy in the constitution
objective
is the standard for contracts subjective or objective
no
is there a jury right in administrative law
no
is there a statutory definition of insider trading
no
is there an absolute right to an attorney if cannot afford one in AL
no
is there any defense to Rule 16b
no
is there treble damages in NLRA
nuisance
is trespass to land or nuisance more common
no
is unfair ads always deceptive
no
is uniform trade secrets act very helpful
Open Fields Doctrine
items in open fields are not protected by the Fourth Amendment and can be taken by an officer without a warrant or probable cause.
mergers
joining two or more companies into one
summary judgment
judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings
whether the statement is made pursuant to official duties and responsibilites
key factor of determining when 1st amendment protects public employee's speech
concentration of market power
key factor to determine whether or not the gov will allow a merger is
haymarket riot
knights of labor planned a one-day strike for May 1 in support of 8 hr workday, one striker was killed, someone threw a bomb at the police, killing 7 and wounding 60, police then fired into the crowd
institutional investors
large, professionally managed providers of capital, such as pension funds, insurance companies, or mutual funds
Texaco v. Pennzoil
largest single tort award in US history (ten billion dollar jury award)
criminal law
law designed to further society's interest in preventing crime and punishing criminals
Texas Limited Liability Company Act
law passed in 1991 that enacted LLC legislation in TX
Sarbanes-Oxley Act
law passed in 2002 to restore trust in the capital market
Federal Trademark Dilution Act
law that allows trademark holders to sue even noncompetitors for blurring and tarnishing a trademark
Food Quality Protection Act 1996
law that changed zero risk standard of the Delaney clause to reasonable certainty of no harm
Trademark Act of 1946
law that created federal trademark law, giving criteria necessary under law
Marine Protection, Research, and Sanctuaries Act of 1972
law that established marine sanctuaries at sea and requires a permit to dump waste into the ocean
private law
law that is between private citizens, gov not involved
statutory law
law that is written down, comes from Congress, texas lege, city council and county gov in some states
public law
law that means the government is involved as a litigator
Securities Exchange Act of 1934
law that regulates the resale of previously issued securities on secondary markets
Simpson-Mazzoli Act
law that required employers to document the citizenship of their employees
Fair Packaging and Labeling Act of 1966
law that said labeling has to be "honest and information", succeeded by NLEA
Sonny Bono Copyright Term Extension Act
law that says author has rights to a copyright 70 years after death, or if published 95 years or 120 years creation
Wagner Act
law that specifically legalizes unions, the pinnacle of the American Labor Movement
3
lawn darts caused at least how many deaths
sunset laws
laws that require periodic review of the agency and may not extend them
blue laws
laws that required some businesses be closed either partially or totally on Sunday, held to be constitutional
samuel gompers
leader of the American Federation of Labor, promoted business unionism
Two Pesos v. Taco Cabana
leading trade dress case
partnership
least favored type of historical business entity
defense
legal justification for the action of the alleged tortfeasor
second restatement of torts
legal treatise that summarizes the general principles of tort law in the US
caveat emptor
let the buyer beware in latin
caveat venditor
let the seller beware in latin
strict liability
liability without fault
strict liability
liability without fault, usually reserved for abnormally dangerous activities
Article 1 Section 8
lists specific powers of Congress
county court
local courts that hear greater crimes than municipal courts and JP
BCRA
lso known as the McCain-Feingold Act - passed in 2002, is an amendment to the Federal Election Campaign Act - the two key aspects of it include banning the spending of soft money and the placing of limits on campaign advertisements
Tennessee Valley Authority (TVA)
made during New Deal Era, helped to control flooding on the Tennessee River with a series of dams. Provided electricity, recreation areas, and drinking water
limited liability
major advantage of a corporation
Executive Order 13087
makes illegal to discriminate against a person based upon sexual preferences at federal level
agents
managers are ______ of members
executive order 11246
mandated affirmative action in employment by companies holding fairly significant gov contracts
corrective advertising
may be required by the FTC for a period of time to explain and correct offending ads
union shop
means if you get the job, you have to join the union
closed shop
means you can't apply for a job until you join the union
CalPERS
member of CII whose goals have been to change corporate charters to promote the interests of shareholders
product market extension merger
merger between two firms that make similar, but not exactly the same, product as the first company
power-buyer defense
merger defense that says a merger that increases concentration to high levels can be defended by showing that the firm's customers are sophisticated and powerful buyers.
horizontal mergers
mergers between firms that compete in the same market
conglomerate (diversification) merger
mergers between firms that operate in distinct and unrelated markets
market extension mergers
mergers between two firms in similar field of business but not in the exact business field
geographic market extension mergers
mergers between two firms in the same product market but not in the same geographic market
Substantial Governmental Interest Test
middle tier of equal protection standards. applies to laws involving gender or legitimacy
reasonable duty
minority rule, Owner would have a duty to warn in certain circumstances.
corporations
most business by volume is conducted by...
monetary damages
most common remedy awarded for breach of contract
compensatory
most common types of damages in contracts cases
civil
most lawsuits encountered in the business community are (criminal/civil) suits
sole proprietorship
most popular form of the historical business entities
social media to comment about conditions at the workplace
most recent application of concerted activities provision
unconditional contract
no added conditions necessary for contract to be valid, must perform under contract
best available
noise polluters must use ______________ technology
legal benefit
obtaining something to which one had no prior legal right
master-servant
old term for employer-employee
sole proprietorship
oldest and simplest form of business organization
75%
on average, women make about ____ of men's salaries
2nd amendment
one of the last amendment made applicable to the state was...
corrective advertising (book question)
one of the major remedies in advertising as we discussed in Volvo is
bait and switch (book questions)
one of the most common types of deceptive price advertising is
property owners
one of the newest areas of asbestos litigation is against...
repudiation
one party in advance of time of performance notifies innocent party that they will not perform under contract
congress
only _______ can extend a copyright
Endangered Species Act
only law that can stop a project dead in its tracks
norris laguardia, wagner, taft-hartley, landrum griffin
order of the big four labor acts
FTC Improvement Act
ordered FTC to focus its energies on deceptive and misleading advertising, not on unfair advertising
england
origin of equitable law
Drug Price Competition and Patent Term Restoration Act of 1984
other name for Hatch-Waxman Act
ocean dumping act
other name for Marine Protection, Research, and Sanctuaries Act of 1972
Labor Management Relations Act (LMRA)
other name for taft-hartley
family corporation, close corporation, privately held corporation
other names for closely held corporation
Norris-LaGuardia Act
outlawed "yellow dog" contracts, made it much more difficult for employers to obtain injunction that would stop strike, but DID NOT directly sanction union nor their activities
members
owners of an LLC
limited partnership
part partnership and part corporation, has two classes of partners (limited and general)
Limited Liability Partnership
partnership in which all partners are limited partners
insurance
partnerships are usually required to have money for what set aside
promisee
party to whom a promise is made
Antiquities Act
passed in 1906, which allows the president to protect areas of scientific or historical interest on federal lands as national monuments
administrative procedures act
passed on 1947, becomes the rulebook for administrative agencies
Declaratory Judgement Act
patent infringers may claim a defense under what
national
patents are exclusively ____________ law
$1000 per barrel or $25000 per day
penalties of OPA
tort reform
people started saying punitive damages violated the 8th amendment, which led to
objective impossibility
performance cannot be done by anyone; generally discharges the promisor
administrative law
perhaps the most important source other than constitutional law of laws affecting the legal environment of business
forum non conveniens
permits a defendant to transfer the case to another geographic location where venue is proper
jurisdiction
power of a court to hear and decide certain types of cases
red herring
pre purchase information prior to being considered a security by SEC to notify potential investors that certain investments may have risk, usually spelled out in red ink
Utah Pie vs. Continental Baking
predatory pricing case under price discrimination found to be illegal but still under rule of reason
Federal Anti-Tampering Act
prevented package tampering and created tamper-resistant packaging regulations
make money
primary purpose of business
proxy
principal method of voting corporate shares in the US
tangible or intangible
profit from insider trading can be
Delaney Clause
prohibits adding cancer causing agents to food
Electronic Communications Privacy Act of 1986
prohibits the interception of information communicated by electronic means
Parol Evidence Rule
prohibits the use of oral evidence or extraneous evidence if contrary to terms of written contract
illusory promise
promise that imposes no obligation on the promisor ("i MIGHT give you my car if you pay me $5000)
nuisance
property intentional tort with any conduct that interferes with enjoyment or use of land
trespass to real property
property intentional tort with any unauthorized physical intrusion or entry upon land where someone else has a superior right to the property
conversion
property intentional tort with illegal, wrongful taking of the property of another that places the property in the service of the trespasser
trespass to personal property
property intentional tort with wrongful invasion of ownership rights in property other than land
Shareholder Proposals
proposals for the corporation given by shareholder to the board. Can be excluded from the proxy if they are frivolous or repetitious.
Clean Water Act
protection of wetlands comes from Army Corps of Engineers under the guidelines of what act?
Whistleblower Protection Act
protects PUBLIC sector employees when they report the employer for an illegal act
Insider Trading Sanctions Act
provides for civil and criminal penalties in federal court for anyone who buys or sells securities while possessing material nonpublic info
Solomon Amendment
provides that educational institutions will lose certain federal funds if they deny military recruiters equal access to other types of recruiters on campus
malice
public figures must show that plaintiff acted with _____________ in defamation cases
public
public records render information _________
Statutes of Frauds
purpose is to prevent fraud by claiming that a contract existed when in fact it did not
prevent acquiring company from pressuring small shareholders and allow shareholders to have sufficient time to judge the offer
purpose of Williams Act requirements is to
reimbursement and restitution
purpose of civil law
First Continental Congress
purpose was to discuss further relations with the mother country
10Q
quarterly report required by SE Act of 1934
great strike of 1877
railroad worker pay gets reduced by another 10%, required workers to stay in company hotels and pay for it. spontaneous strike begins, state militia ordered to pittsburgh, families came out, soldiers used bayonets
economic or social clauses (low end of protection)
rational basis test is involved in what classification of due process cases
serious health condition of child, parent, spouse, themselves; childbirth, adoption, foster care,
reasons to take unpaid leave under FMLA
Taylor Farms Pacific
recall of broccoli due to potential health risks, listeria, no illnesses had been reported
FDR
reg agencies were held to be invalid or at least constitutionally suspect during what president's administration
economy wide regulatory agencies
regulate problems that are not isolated in one particular industry -regulate across industry lines
Resource Conservation and Recovery Act (RCRA)
regulates disposal of NEW hazardous wastes
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Superfund
regulates the cleanup of previously existing even historical hazardous waste sites
securities act of 1933
regulates the initial sale of securities to the public
administrative
regulation is done by __________ law
exculpatory agreement
releases one party from the consequences brought about by wrongful acts or negligence
legal remedies
relief sought from a court, involving monetary damages
8K
required statement of material events by SE Act of 1934
affirmative disclosure order
requires an advertiser to disclose all relevant information about a product, both positive and negative
Know-thy-customer rule
requires brokers to ascertain whether particular investments are appropriate for a client before recommending it to him/her
Oil Pollution Act of 1990 (OPA)
requires company to clean up oil spills within twelve miles of the US shore, pay costs, all oil tankers must be double hulled, each tanker owner must establish an oil cleanup contingency plan
Freedom of Information Act
requires federal agencies to make agency information available to any person, any person can request the records of agency that produced the records
Nutrition Labeling and Education Act
requires food manufacturers and processors to disclose uniform information about serving sizes and nutrients, and establishes standard definitions for various terms like low fat, lean or organic.
Children's Online Privacy Protection Act
requires online services to obtain parental consent before collecting any information from children 12 years old and younger.
Noise Control Act of 1972
requires the EPA to establish noise emission standards that are maximum noise levels below which no harmful effects occur from the interference with speech or other activities
vertical price fixing
resale price maintenance is associated with what area of antitrust issues
winding up
results from dissolution, creditors paid first and owners paid last
5th and 14th
reverse incorporation uses what amendments?
Shopkeeper's Privilege
right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment
regulatory role
role of law in the business world that directs and standardizes business activities
dispute resolution role
role of law in the business world that settles differences between two or more parties
trade regulation rules
rules created by the FTC that are aimed at governing business practices in specific industries, such as used car dealers, telemarketers, or funeral homes
per se illegal
ruling of FTC v SCTLA
service mark
same as trademark, only denotes service, not product
supremacy clause
says Constitution is the supreme law of the land
Medical Devices Amendment of 1976
says FDA got jurisdiction over medical devices
Government in the Sunshine Act
says agencies headed by two or more presidentially appointed people must hold "every portion of every meeting" in the open
disparate treatment
says cannot *intentionally* treat employees differently on the basis of race, religion, sex, color, national origin
Rule 16b
says that any short swing profit by a named insider must be returned to company's treasury
Atlantic Cement Rule
says you must figure in the cost of eliminating the nuisance compared with the benefit to the neighbors when it comes to permanent injunctions
Tyco
scandal - exec of the company (Dennis Kozlowski) went to Italy and hosted a really extravagant birthday party for his wife (which many of coworkers would be at) with company money as well as furnished his apartment there
Adelphia Communications
scandal - family company that was private and went public and still spent money as if it were their own (on dumb crap)
WorldCom
scandal where company was giving out company loans without any intent of getting their money back
texas supreme court and texas court of criminal appeals
second tier of true state appellate courts
Howey test
security is determined by this test
tying arrangements
seller requires a buyer to purchase a "tied" product as a condition of purchasing the desired tying product
articles of corporation
serve as the corporation's private constitution
Consumer Product Safety Act
set up the Consumer Product Safety Commission to encourage safety in product design and better quality control
arbitration
settling a dispute by agreeing to accept the decision of an impartial outsider, BINDING DECISION
7 days
shareholders who agree to sell in a takeover have _______ after the offer expires to withdraw shares from sale
Corporate Opportunity Doctrine
should an officer or a director discover a business opportunity, he or she must first present it to the corporation
congress
since 1937, the court has chosen to defer to _________ in the determination of whether the required substantial effect is present
prohibitions in governmental restrictions in lawyer and doctor advertising
since issuance of four-prong test, most noticeable area of first amendment violations was
fiduciary duty, loyalty, obedience and performance, reasonable care, to account, to notify
six duties of agents to principals
name, duration, purpose, address and name of registered agent, management, organizers
six things the Articles of Organization must include for an LLC
the EPA for not enforcing the law and polluters directly
some statutes allow private citizens to sue who?
duress
someone forces another person to enter into a contract against their will
adulterated
something is in a food or drug that shouldn't be
consideration
something of value exchanged for something else of value
fighting words
speech that directly incites damaging conduct or tend to incite an immediate breach of peace
mother jones
spoke at the haymarket riots, Labor activist who was a member of the Knights of Labor union and who used publicity techniques to create awareness of the plight of mine workers and child laborers.
slander
spoken defamation
labeling standards
standards that require the placement of warning labels on products
performance standards
standards that specify minimum performance criteria, such as the minimum amount a tow bar can safely pull
civil and criminal, appeals from CC CCAL or district, involves fines of over 100, imprisonment, or constitutional issue
state courts of appeals have authority over
McCulloch v. Maryland
state of maryland tried to tax the nat gov's bank in baltimore, US did not pay tax, maryland sued.
administrative agencies or judicial decisions
statutory law cannot come from what
ulps
strikes and lockouts in support of proposals not included under mandatory subjects are considered...
united states v eichman
struck down Federal Flag Protection Act; held that flag burning is expressive speech
gender or legitimacy (intermediate protection)
substantial gov interest test is involved in what classification of due process cases
rational basis test
substantive due process for economic issues
novation
substitutes a new party for one of the original parties in a contract
contract law
system of rules for enforcing promises and breaking promises
unions, Wagner
taft-hartley is all about what ________ can't do, _______ is all about what employers can't do
180 days
ted wants to file a grievance as a union member against his employer for a ulp. ted and the union have approximately how many days to file with the NLRB after the alleged action has occurred
2/3 salary
temporary disability payments are usually worth how much
6 years
term for state court of appeals judge
do not
texas courts (do/do not) favor malicious prosecution cases
abuse of process
texas intentional tort that occurs when a party maliciously misuses or misapplies regularly issued civil or criminal process for a purpose and thereby obtains a result not lawfully warranted
employment-at-will
texas is an _______________________ state which means that often times you may be dealing with an implied contract or no contract at all when it comes to interfering with employment contracts
Texas castle doctrine
texas taw that says you can use deadly force to protect your property
procedural law
the "how to" of the law
substantive
the APA requires that _______________ rules be created by formal procedures
20%
the Bipartisan Commission of Product Safety established that only ____% of product-related injuries were preventable
leaks of either leaded or unleaded gasoline
the Clean Water Act and all acts under its jurisdiction are responsible for all the following except
reverse incorporation
the Equal Protection Clause of the Fourteenth Amendment has been held to apply to the federal government through the Due Process Clause located in the Fifth Amendment; established in Bolling v Sharpe.
Clayton and FTCA
the FTC usually enforces...
consumer abuse
the FTC's regulation of deceptive advertising is based on the assumption that an information-problem type of market failure results in
12
the OPA requires company to clean up oil spills within ___ miles of the US shore
territorial jurisdiction
the ability of a court to have the power to require a litigant to physically come to court
Pure Food and Drug Act of 1906
the act that prohibited the manufacture, sale, or shipment of adulterated and misbranded food and drugs, result of Spanish-American war and The Jungle
cause in fact
the actual cause of the event, one of two required types of cause for negligence
comparable worth
the argument that jobs should be evaluated and those that are evaluated to be comparable, be paid the same
express authority
the authority of an agent, stated in the document or agreement creating the agency
reasonably necessary
the basic test for judicial review of a CPSC mandatory product safety standard is that the standard must be
law
the collection of rules and regulations that determines how the government will treat its citizens AND how the citizens will treat the government as well as other citizens and the enforcement thereof
Fourteenth Amendment
the constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without DUE PROCESS of law; nor deny to any person within its jurisdiction the equal protection of the laws."
legality
the contract must be for a lawful purpose
subpoena duces tecum
the court command to a witness to produce at trial a certain pertinent document he or she holds
what the agency is trying to do (fine, revoke permit)
the degree of proof in AL depends on what?
corporations
the dominant means by which business activity is organized in the US and most other developed countries
negligence
the failure to exercise due care when there is a foreseeable risk of harm to others
U.S. Court of Appeals for the Federal Circuit
the federal court created in 1982 to judge patent lawsuits
directors and officers
the fiduciary duties of care and loyalty apply to who?
mcculloch v maryland
the first case to show the power of the Necessary and Proper clause
articles of confederation
the first constitution of the United States, had the states being too strong
house of burgesses
the first elected legislative assembly in the New World established in the Colony of Virginia in 1619, representative colony set up by England to make laws and levy taxes but England could veto its legistlative acts.
neutral
the goal of Taft-Hartley is for the gov to be ________ when it comes to unions
complete performance
the great majority of contracts are discharged by
stare decisis
the heart of common law, meaning that previously decided cases should be followed unless there is a good, legal reason to change the previous decision
substantive law
the heart of the law, Law that defines, describes, regulates, and creates legal rights and obligations.
texas supreme court
the highest civil court in Texas; consists of nine justices and has final state appellate authority over civil cases
Texas Court of Criminal Appeals
the highest criminal court in Texas; consists of nine justices and has final state appellate authority over criminal cases
drug effectiveness
the kefauver-harris amendment deals with
civil law
the kind of law that provides remedies for individuals or entities that have been wronged by the other individual
Securities Exchange Act of 1934
the know thy customer rule is part of what law
trademarks
the lanham act covers what type of intellectual property
common law
the law of fiduciary duties is defined by common law or statutory law
chartering
the law of the _______ state governs the internal relations of the firm regardless of which state the firm operates in or the physical location of the headquarters
Promissory Estoppel
the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract
informal
the level of proof is higher in informal or formal rulemaking appeals
product market
the market of interchangeable products
more
the more control the employer has over the employee, the ______ liability they have
administrative law
the most important source of laws affecting business other than the constitution
Martha Stewart
the most publicized insider trading case of the past decade
real property
the name for property that is land and anything attached to it
Rehabilitation Act of 1973
the only law that MANDATES affirmative action, Requires affirmative action in the employment of individuals with disabilities
montana
the only state to provide all employees comprehensive protection from employment-at-will
satisfaction
the performance of an accord
Subject Matter Jurisdiction
the power of a court to hear a particular type of case
police powers
the power of the state to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals, or the promotion of the public convenience and general prosperity, are reserved to the individual states
enumerated
the power to tax is an ___________ power
featherbedding
the practice of negotiating labor contracts that keep unnecessary workers on a company's payroll
litigation
the process of taking legal action
compensatory damages
the purpose of these damages is to make the innocent party whole again (may cover med exp, economic loss, pain and suffering)
securities act of 1933
the purpose of this law is to provide a potential investor with the info to make an informed decision due to disclosure
criminal law
the purpose of this law is to punish criminals
equitable law
the purpose of this was to avoid unjust results from strictly following common law
bylaws
the rules or private laws that regulate and govern the operations of the corporation
substantial evidence test
the standard for appeal when a formal rule-making procedure is used
revocation
the taking back of an offer by the offeror prior to acceptance by offeree
regulatory capture
the theory that industries dominate the agencies that regulate them
at least one customer
the tort of disparagement requires the loss of...
invention of the steam engine and its application to the railroad
the two most important factors motivating the growth of the corporate form of organization
the right to vote in the election of directors and the right to file derivative lawsuits
the two most important rights of shareholders
one trial court level and two appellate levels
the typical state court system has
congress
the ultimate control over regulatory agencies is held by
informal
the vast majority of rulemaking is accomplished through the ___________ process
Intent to Monopolize
the willful acquisition of and/or maintenance of monopoly power
punitive damages
these damages are designed to punish the tortfeasor, awarded when "gross negligence" or "willful and wanton disregard for safety"
administrative law
this law is created by each state which has its own EPA-like agency that creates its own body of law
market for corporate control
this private solution talks about corporate takeover because officers were not acting as faithful agents and so some outsiders think they could run it better
implied covenant of good faith and fair dealing
this type of contractual exception says that year and years of loyal service means you can't fire them without good cause
good intentions, buying stolen goods, mistake
three NONdefenses to conversion
regulation can correct imperfect market, takes burden off three branches, leads to specialization
three benefits of regulation
US v Socony, Arizona v Mariscopa, FTC v SCTLA
three case law for horizontal price fixing
IBM v US, Northern Pacific Railway v US, Datagate v HP
three cases about tying arrangements
live testimony, jury or judge, creates record
three characteristics of civil trial courts
CC, CCAL, district
three courts on second tier of state courts
offers real info, lower consumer cost of searching for goods, allows consumer to make rational choices
three defenses of advertising
consent, privilege, self defense
three defenses to assault and/or battery
assumption of risk, plaintiff's negligence, superseding cause
three defenses to negligence
failing firm defense, lack of power in industry, power-buyer defense
three defenses when gov files Section 7 case against your merger
intent, definite terms and conditions, communication
three elements of an offer
informed action, no conflict of interest, rational basis
three elements of business judgment rule
an investment of money, into a common enterprise, with expectation of profits
three elements of security from Howey test
false statement, broadcasted to third party, harm suffered
three elements to defamation
historical, new deal, socially conscious era
three eras of federal regulatory agencies
NAAQS, state's responsibilities, air pollutants: mobile, stationary, and toxic
three main provisions of CAA
mcculloch v maryland, civil war, civil rights
three major historical events that define the struggle of states rights v nat rights
minimum wage, overtime pay, restrictions on use of child labor
three major provisions of FLSA
liability for short-swing profits, insider trading, reporting requirements
three major provisions of SE Act of 1934
intentional torts, negligence, strict liability
three major types of torts
denial, affirmative defense, countersuit
three possible answers from a defendant
incompetence, employer has financial hardship, insurbordination
three reasons for just cause discharge
breach of fiduciary duty, undermines the public's confidence in the integrity of the public capital market, violation of federal law
three reasons insider trading is wrong
fraud, undue overreaching, waste of corporate assets
three reasons self-dealing deal will be set aside
is illegal, is based on corruption, exceeds the arbitrator's authority
three reasons you can set aside arbitrator's decision
Diet Program Industry, POM Pomegranate Juice, Skechers
three recent deceptive quality claims cases
make outside directors a majority, make chairperson an outside director, audit committee should be only outside directors
three reform proposals that CalPERS normally sponsors
unconditional, unequivocal, legally communicated
three requirements for an acceptance
must win all lawsuits, must prove no probable cause, most prove malicious intent
three requirements of malicious prosecution
file bankruptcy, file claim for worker's comp, file lawsuit
three rights you can exercise that are protected from employment-at-will
unfairness must be substantial, is not outweighed by benefits, some form of seller behavior that unreasonably creates to take advantage of an obstacle to the free exercise of consumer decision-making
three tests for unfair advertising
division of income, how membership is transferred, what happens on dissolution
three things an Operating Agreement should specify
there are adequate market mechanisms to regulate it, market encourages fair advertising to increase good will, competition will regulate
three things ppl who oppose gov regulation of deceptive advertising say
texas court of appeals, texas supreme court, texas court of criminal appeals
three true appellate state courts
selling unregistered pesticides, if the registration has been suspended or cancelled, or false/misleading lable
three types of FIFRA violations
used car, telemarketers, funeral homes
three types of businesses that are commonly subject to trade regulation rules
express contract, implied contract, implied covenant of good faith and fair dealing
three types of contractual exceptions
employer-employee, employer-employee with agency, employer-independent contractor
three types of employments relationships
rescission and restitution, reformation, and specific performance
three types of equitable remedies
compensatory, consequential, and liquidated damages
three types of monetary damages
preliminary negotiations, ads, auctions
three types of nonoffers
cease and desist order, affirmative disclosure order, corrective advertising
three types of remedies available to the FTC
monetary damages, equitable remedies, mitigation of damages
three types of remedies for breach of contract
common law, interpretation of statutes/agency law, judicial review
three ways for judicial creation of law
rescission, novation, accord and satisfaction
three ways to discharge by agreement
intervening illegality, subject matter destroyed, insanity or death
three ways to terminate by law
fully insured
to get a certificate from the US Coast Guard, the owner of tanker must prove...
strict liability
today, _________ is the most common theory of recovery in actions against producers of products that result in injury
is not
trade name protection (is/is not) automatic
state
trade names are governed by ________ law
state
trade secrets are governed by _______ law
federal state
trademark protection is governed by ____________ and _____ law
interpret the law and determine the facts if no jury
two basic functions of a judge
limited liability and no double taxation
two biggest advantages of LLC
Grutter v. Bollinger and Gratz v. Bollinger
two cases involving the University of Michigan and affirmative action, results were confusing
katzenbach v mcclung and heart of atlanta motel v US
two cases that show the connection between the civil rights movement and the commerce clause
US Trust Company of NY v. NJ and Allied Structural Steel v Spannaus
two cases where courts offer protection to businesses due to contract clause
one judge, jury of 12 ppl
two characteristics of federal district courts
two for one, bait and switch
two common deceptive price advertising
necessity, purported owner doesn't actually own
two defenses to conversion
truth and privilege
two defenses to defamation
fair use and parody
two defenses to trademark infringement
trespasser enters to assist someone in danger, or protect property
two defenses to trespass to real property
requires monitoring to insure compliance, permits are licenses to pollute
two disadv to tradable permits system
defendant intruded on plaintiff's solitude AND a reasonable person would be highly offended
two elements to invasion of privacy in TX
vertical mergers
two firms in the same chain of production and distribution combine into one firm, can remove by grouping
performance and risk allocation
two functions of contracts
makes it a felony to "restrain trade" and outlaws attempts to monopolize
two main parts of Sherman
voter confusion, monetary issues
two major TX court system election problems
information collection and dissemination and product safety standards
two major activities of CPSC
holding directors personally liable for errors would make it difficult to attract top quality individuals, those who served on boards might be unwilling to approve any venture in fear of being personally liable
two major policy reasons in support of the business judgment rule
dispute resolution role and regulatory role
two major roles of law in business world
back impairments, emotional or psychiatric impairments
two most common ADA complaints
trespass to land, trespass
two other names for trespass to real property
offer and acceptance
two parts of agreement
motion of judgment notwithstanding the verdict, motion for new trial
two post trial motions
shareholders-board, board-managers
two principal-agent relationships in corporations
selecting the mediator, fee
two problems with mediation
legal responsibilities imposed by common law and statutory law, regulatory constraints imposed by the SEC
two public solutions to the corporate governance problem
unethical or competition leaves them no choice
two reasons for pollution
free exercise clause and establishment clause
two religious protections under first amendment
per se and rule of reason
two rules of antitrust law
what claim is being made, can it be shown to be deceptive
two step process to determining if a deceptive quality claim
disparate treatment and disparate impact
two theories of enforcement under Title VII
compensatory and punitive damages
two types of damages given in tort law
libel and slander
two types of defamation
slander of title and slander of quality
two types of disparagement
personal and property
two types of intentional torts
geographic and product
two types of market extension mergers
provisional and nonprovisional
two types of patent registration
contributory and comparative
two types of plaintiff's negligence
absolute (constitutional) and conditional (qualified)
two types of privilege
between director and corp, between corp with common director
two types of self-dealing
current use and intent to use
two types of trademark filing
termination by person, termination by law
two types of ways to terminate an offer
Dr. Miles Med v John Park, Leggin Creative Leather v PSKS dba Kay's Kloset
two vertical price fixing cases
express or implied authority
two ways to get agency by agreement
member managed, manager managed
two ways to govern an LLC
failing to renew, abandoned by owner for three years, or it becomes generic
two ways trademark protection is lost
constitutional privilege
type of absolute privilege, complete defense against the tort of defamation, as in the speeches of members of Congress
proximate cause
type of cause that says consequences must bear a reasonable relationship to the negligent conduct
public nuisance
type of nuisance that arises from use of land that causes inconvenience or damage to the public
provisional patent
type of patent registration that gives inventors the option of a lower cost first patent filing in the US and parity w foreign applicants
nonprovisional patent
type of patent registration that must include a written document which comprises a description and claims, oath, fee
agency shop
type of state where you have to pay the union a fee, but don't have to join
criminal penalties
under Simpson-Mazzoli, failure to verify that ANY employee is a legal hire results in
50%
under comparative negligence, some states provide that if plaintiff's negligence is greater than ___, then recovery is barred
any purchase of stock, source of funds, reason for purchase
under the SE Act of 1934, insiders must notify SEC on a timely basis about
Section 5
unfair advertising falls under what section of the FTC Act
section 5
unfair advertising falls under what section of the FTC Act
no (not at all)
unions keep pushing congress to repeal section 14 of taft-hartley (RTW laws), are they considering it?
mediation
uses 3rd party to assist settlement, DOES NOT MAKE DECISION
10000 and/or 5 years
violators of securities act of 1933 face what
Sherman
violators of which major antitrust legislation are guilty of felonies
assumption of risk
voluntary exposure to a known risk
yes
was elixir sulfa used in the US
no
was thalidomide used in the US
no (they weren't named insiders)
were Ivan Boesky and Michael Milken found guilty of short-swing profits
malicious prosecution in TX and disparagement
what 2 tort situations require special damages?
defamation of public figures, malicious prosecution, disparagement
what 3 tort situations do you have to prove malice?
price fixing, group boycotts, refusal to deal, and some market divisions
what 4 things are per se illegal under Sherman
create audit committee of outside directors, CEO and CFO must certify certain financial statements, internal controls report in annual report, eliminates company loans to officers and directors
what 4 things did SOX do in regards to publicly traded corps
horizontal price fixing, horizontal market division, horizontal boycott, tying arrangements (technically), vertical boycotts
what 5 types of antitrust areas are the rule of per se
T-H
what act defines closed shop, union shop, agency shop, and open shop?
SA of 33
what act does "red herring" fall under
SE Act of 34
what act does reports like 10K fall under
L-G (think internal issues in the union)
what act makes sweetheart contracts illegal
Food Quality Protection Act
what amended FIFRA
work for parents, paper route, babysitting, child actor, some ag labor
what are 5 jobs kids under 14 can work?
constitutional original juris cases
what are exceptions to Supreme Court Selection Act of 1988
lead, carbon monoxide, ozone, nitrogen oxide, sulfur oxide
what are the "known pollutants"
all producers treated equally and the amount of emissions can be limited directly
what are the 2 advantages of c-and-c
eastern state retail lumber v US, FTC v SCTLA
what are the 2 cases for vertical boycotts
make nutritional labels easy to read and understand, make standardized serving sizes, and standardize language used in food labeling
what are the 3 main goals of NLEA
duty, breach, causation, harm
what are the 4 elements that make up Negligence?
natural monopolies, labor unions, ag cooperatives, state action, foreign trade, baseball, PACs
what are the 7 exceptions to antitrust law
Title VII, ADA, FMLA
what are the acts that requires a certain number of employees for the law to apply?
general counsel's office prosecutes, board serves to hear and decide
what are the broad administrative powers of the NLRB
past losses, permanent damages, permanent injunction (but hard to get)
what are the damages you can receive for nuisance
cost of removal, past losses (maybe injunction)
what are the damages you can receive for trespass to land
same as regular negligence
what are the defenses for Product Liability based on Negligence
same as regular negligence
what are the elements of Product Liability based on Negligence
same as negligence
what are the elements of strict liability
asbestos, mercury, benzene, and radionucleides
what are the examples of toxic air pollutants he wants us to know
race, color, sex, religion, national origin
what are the five protected classes under Title VII
treat contract as breached, wait and see if breaching party changes their mind
what are the innocent party's two choices in a repudiation situation
loss of highway funds, limitation on new sources of pollution
what are the penalties for nonattainment areas
10000 and 10 years
what are the penalties for violation of '34
nonhazard, limited hours, nonschool
what are the restrictions on child labor from 14-15?
nonhazard, unlimited hours, school time
what are the restrictions on child labor from 16-17
lawn darts, thomas the train, buckyballs
what are the three examples of CPSC major recalls
size of company, cost, severity of pollution
what are the three factors for deciding between RACT and BACT for stationary sources of air pollution
rational basis, substantial gov interest, compelling state interest
what are the three levels of protection by the equal protection clause?
sherman, clayton, FTCA
what are the three major antitrust legislations
criminal, civil, and administrative
what are the three types of judicial systems
elect board and approve of fundamental corporate changes (like mergers)
what are the two areas that shareholders can vote on
duty of care and duty of loyalty
what are the two legal duties of directors and officers
primary level- humans, secondary level-vegetation, climate etc
what are the two levels of NAAQS
guilt innocence and punishment
what are the two parts (bifurcated) of a criminal trials
trespass to land and nuisance
what are the two tort theories that courts can enforce when it comes to pollution control
trial courts and appellate courts
what are the two types of courts in the civil system
subject matter and territorial jurisdction
what are the two types of jurisdiction that are required to try a case
featherbedding, secondary boycott, hot cargo agreement, wildcat strike, closed shop
what are the union ULPs under T-H
inherent powers, implied powers, elastic clause
what are three other names for necessary and proper clause
judicial review, judicial interpretation, common law
what are three ways the court system can create law
can file suit against infringers, receive more damages
what are two benefits of registering your copyright
SEC and NLRB
what are two examples of agencies created during the New Deal era
dont ask dont tell (clinton) and affirmative action (johnson)
what are two examples of an executive order
can take NO part in management, no right to see books
what are two limits on limited partners in an LP
adverse publicity and costly
what are two significant consequences of civil cases
affirmative act or not stopping agent from acting negligently
what are two ways a principal can lead a third party to believe the agent can represent them in an Agency by Estoppel situation
new stationary sources of pollution (clean air), new point sources of pollution (clean water), noise control, safe drinking water
what area of environmental law is BACT the control tech
old point sources of pollution (clean water)
what area of environmental law is BPCT the control tech
toxic air pollutants (clean air)
what area of environmental law is MACT the control tech
existing stationary sources of pollution (clean air)
what area of environmental law is RACT the control tech
clayton
what came first, clayton or N-L
individuals, corporations, other LLCs
what can a member of an LLC be
sanction
what can happen is you claim IIED in bad faith
no action, objectionable conditions found, serious objectionable conditions found
what can result from an FDA report
Leggin v PSKS
what case overruled Dr Miles
when they (the courts) were created
what cases a CCAL can hear depends on what
"other users"
what category of FIFRA are farmers under
unions had been messing around with the mafia
what caused the Landrum-Griffin Act
U.S. Supreme Court
what court(s) can review a case from the texas supreme court or court of criminal appeals
texas const
what created county court
texas const
what created the JP courts
enabling statute from congress
what creates an administrative agency and defines its purpose
technology requirements
what defense did IBM claim in IBM v US
Department of Health and Human Services
what department is FDA under currently
state const
what determines the subject matter jurisdiction of a state court
BCRA, Austin v Michigan, McConnell v FEC
what did Citizens United v FEC declare unconstitutional
necessary and proper clause
what did US gov argue in mcculloch v maryland
red sashes
what did Wobbies wear
tenth amendment
what did maryland argue in mcculloch v maryland
25 cents/hr
what did minimum wage start as
nothing
what did palsgraf receive
exxon
what did standard oil of NJ turn into
chevron
what did standard oil of california become
employers can tell employees that the unions are bad, but cannot directly threaten them about it (used to not be able to say anything bad ab them at all)
what did taft-hartley change when it comes to free speech
more taxes, blockade boston harbor, 4000 more troops to boston
what did the coercive acts do
the card was not specific enough to use the tech requirement defense
what did the court say about IBM's claim to tech requirements defense in IBM v US
slave labor act
what did the unions call taft-hartley
intent
what distinguishes monopolies that violate section 2 of sherman and those who dont
regulatory capture
what do industry-specific regulatory agencies often lead to
real property is REQUIRED (land)
what do you keep forgetting is an element of nuisance
2/3 override from both houses
what do you need to override a veto
Certificate of Limited Partnership
what document do you have to file to create an LP
state must identify and develop a plan for major sources, must install pollution control devices
what does CAA say about stationary sources of air pollution
EPA must identify and set standards for their emission
what does CAA say about toxic air pollutants
old hazardous waste
what does CERCLA regard
enhances, does not add
what does Necessary and Proper Clause do to enumerated powers
LAPS test
what does SC use to define obscenity
the defendant must know or should have known that the harm would resuilt
what does TX say ab proximate cause
no strike clause
what does a grievance procedure usually contain regarding strikes
labor arbitration
what does a grievance procedure usually culminate in
"just cause" provision
what does a grievnace procedure usually contain regarding employees being fired
preempt the state law
what does congress do if it wants to enforce concurrent law in the states
admit
what does it means if you fail to deny something in request for admissions
enforces city ordinances (traffic, loud noise), can have criminal authority as well (max is Class C Misdemeanor (MIP, pub intox))
what does municipal court do
what to expect to prove
what does opening statements tell jury
petition
what does plaintiff file to initiate a lawsuit
subject matter
what does property have to be for in rem jurisdiction to be applicable
money, employment, licenses
what does property include in "life, liberty, and property"
felony (criminal), civil 200-as high as necessary (high dollar, family)
what does state district court have authority over
outlaws closed shops
what does taft-hartley say about closed shops
boston tea party
what does tea act of 1773 lead to
does not give them the power but does not prohibit
what does the constitution say about the power of the courts to interpret the constitution
makes it easier to raise capital
what does the limited liability of a corporation lead to
misappropriation
what does the owner of a trade secret sue for when someone steals it
super majority of jury
what does the vote have to be to achieve a verdict in civil court
unanimous verdict of guilty
what does the vote have to be to achieve a verdict in criminal court
legality
what element of a contract involves unconscionable contracts and exculpatory agreements?
new deal
what era were the initial federal laws regulating the issuance of securities passed
stock market crash of 1929
what event led to federal laws and regs on the securities market
trade names and trade secrets
what form of intellectual property is protected only under state law or common law?
supply and demand, cost of technology, demand for product and number of permits issued
what four factors affect the price of the permit
state lege
what gov body is in charge of tort reform
sons of liberty
what group of colonists burned the colonial governor's home and threatened tax agents of british gov
virginia, pennsylvania, antifederalists (thomas jefferson)
what group of people were against the ratification of the constitution
federalists (james madison, john jay, alexander hamilton)
what group of people were for the ratification of the constitution
all 5 companies signed consent decrees
what happen in the cases about Diet Program Industries in Deceptive Advertising
POM was barred from making their statement about being effective in treatment of disease
what happened in the case of POM and deceptive advertising
had to pay $40 mill in refunds
what happened in the case of Skechers and deceptive advertising
obama overruled it and placed an executive order that allows gays to serve openly in the military
what happened to dont ask dont tell
declared unconstitutional
what happened to first round of FLSA
expired after 30 years, elixir sulfanilamide, food drug and cosmetic act
what happened to pure food and drug act
a few economic leaders met in annapolis to call a meeting of the states (annapolis convention)
what happened when ppl started to realize AOC were bad
creditors paid first, owners paid last
what happens during winding up
criminal violations
what happens from OSHA if willful violation resulting in death
union cannot take part in collective bargaining process, have to stay away for a year
what happens if union loses representative election
pay costs
what happens if you lie during requests for admissions
they switch
what happens to the parties in a counteroffer
first they are mailed, but if no answer, personal service required
what happens when a defendant is served
reverses jury verdict
what happens when motion of judgment notwithstanding the verdict is agreed by judge
published
what has to happen to an appellate opinion for it to be considered for precedent
dietary supplement
what industry did nutrition labeling and education act have a big impact on
allows for mandatory retirement at 65 for executive positions
what is a big exception to ADEA
corporation
what is a c corp
car dealerships (you don't want three Ford dealerships in one town)
what is a good example of vertical market division being legal (vertical territorial restraint)
price of the contract
what is a good way to think about consideration
membership is not readily transferable
what is a huge difference between corp and LLC
its not automatic (copyrights are)
what is a major difference between patents and copyrights
the shareholders must first make a formal demand upon the directors that the corporation pursue remedies
what is a major prerequisite for a derivative suit
walmart
what is a major union organizing target today
the public disclosure of a private fact
what is a necessary element for an action for the invasion of privacy
products must be exactly the same
what is a requirement of market share liability
injunction
what is a very common equitable remedy
Boston
what is an example of a city that has established a living minimum wage
texas
what is an example of a state that use 50% rule
fedex driver
what is an example of an independent contractor that is not protected under NLRA
SEC
what is an example of an industry-specific regulatory agency
airlines (they can make you sign it because you have no other choice, but if they are grossly negligent, they will usually be held liable because it was exculpatory)
what is an example of when a liability release for gross negligence might be considered an exculpatory agreement
hang gliding (because it is an inherently dangerous activity)
what is an example of when a liability release for gross negligence would not be considered an exculpatory agreement
Disclosure Act
what is another name for Securities Exchange Act of 1934
implied-by-fact contract
what is another name for an implied contract
advertising
what is best example of commercial speech
state statute
what is closely held corp created under
federal trade commission act
what is considered to be the "catch-all law" of antitrust legislation
no claim or oath
what is difference between nonprovisional and provisional patents when it comes to what you file
head of exec agency is usually accountable to a cabinet member
what is main diff between exec and independent exec
limited liability
what is major advantage of a Professional Corporation
jury and witnesses
what is not a part of civil appeals court that was in the trial court
jail/incarceration
what is not a purpose of tort law
asbestos
what is one of the costliest and longest running torts in history
proxy solicitation
what is one of the few areas of internal corporate affairs regulated by FEDERAL securities laws
Section 2a of Clayton (Robinson-Patman Act) (price discrimination)
what is one of the most controversial areas of antitrust law
texas does not allow defamation of dead people (statutory law)
what is one thing ab TX and defamation
compensate officers and board with stock instead of salary
what is one way to align financial interests of execs and shareholders
pres appoints, senate confirms, serve for life
what is process for getting judges on a constitutional court
varies state to state. RI appoints for life, TX elects
what is process for getting judges on a state court
wages (so is a mandatory bargaining topic)
what is profit sharing plans synonymous to in this class?
annual fee and annual report, register with appropriate state official
what is required for the creation and duration of an LLP
rule of reason
what is rule for horizontal exchanges of information
per se
what is rule for horizontal market division
involve a federal question, diversity of citizenship
what is subject matter jurisdiction for federal courts
outlawed yellow dog contracts
what is the BIG thing that norris-laguardia did
new hazardous waste
what is the RCRA regarding
2 years
what is the Statute of Limitations for nuisance in TX?
S-A war and The Jungle, Pure Food and Drug Act, Dept of Chem renamed to FDA, elixir sulfa, Food Drug and Cosmetic Act, Delaney Clause, K-H amendment, Fair Packaging and Labeling Act, Medical Devices Amendment, NLEA, FQPA
what is the basic FDA timeline (11 events)
to maximize the value of their stock
what is the basic goal of shareholders in a corporation
reasonable cause (not probable cause)
what is the basis for a warrant in administrative law
management
what is the big difference between LLCs and Corps
at least the same as CC, may also have family juris and higher dollar civil
what is the case matter juris of CCAL
US v Socony Vacuum
what is the case with famous footnote 59
same as municipal court
what is the criminal jurisdiction of JP courts
200-10000
what is the dollar amount for civil cases in CC
200-100000
what is the dollar amount for civil cases in CCAL
200-10000
what is the dollar amount for civil cases in JP
defendant intended to induce reliance
what is the element of fraud that you keep forgetting
must be offensive to the ordinary person
what is the element of invasion of privacy that you keep forgetting
genuine and real asset, undue influence
what is the element that TV evangelists tend to lack in their "contracts" and what part of that element specifically?
merck
what is the example he keeps using for a good corporate governance
malpractice of other attorneys
what is the exception of limited liability in a Professional Corp
eastland
what is the exception to the rule that state courts of appeals are in major metropolitan areas
lanham act
what is the federal law that governs trademark
tort liability for those responsible
what is the fine/jail time for CERCLA
civil- $50000 and/or 1 year, injunction, and revoke or suspend permit
what is the fine/jail time for the Marine Protection, Research and Sanctuaries Act
civil- $25000 criminal- $50000 per day and/or two years, CAN BE DOUBLE FOR REPEAT OFFENDERS
what is the fine/jail time for the Resource Conservation and Recovery Act
municipal and JP
what is the first tier of trial courts in Texas
misbranded and adulterated food and drugs
what is the focus of the Wiley Act
stare decisis
what is the heart of common law
trial courts and appellate courts
what is the hierarchy of the criminal court system
texas law said cant burn flag, supreme court said unconstitutional (during reagan administration), bush called for constitutional amendment, congress passed another law, supreme court called unconstitutional, another amendment failed
what is the journey of flag burning law
one judge in trial court, multiple judges in appellate
what is the judge situation in the criminal court hierarchy
"beyond the bounds of decency"
what is the key phrase when it comes to IIMD
grievance procedures
what is the key provision of a CBA
they are STIPULATED in the contract
what is the key to liquidated damages
FTC v. Indiana Federation of Dentists
what is the leading case in the area of horizontal exchange of info
competition
what is the lifeblood of capitalism
A trial court determines facts, while an appellate court ensures that the lower court correctly applied the law to those facts.
what is the main diff between trials and appeals courts
enforcement
what is the main job of most agencies
initial sellers of securities must file registration statement with SEC
what is the main provision of securities act of 1933
it can cover small dollar civil cases
what is the major diff between JP and municipal courts
must follow all steps of the complicated corporate structure
what is the major disadv of closely held corporations
double taxation
what is the major disadvantage of corporations
labor market
what is the market for executive talent synonymous to
10000
what is the max dollar amount in a JP civil case
breach of contract
what is the most common form of lawsuit filed in the American court system
business decisions like mergers (but closing plants counts)
what is the most common topic that isn't allowed under good faith bargaining?
some form of seller behavior that unreasonably creates to take advantage of an obstacle to the free exercise of consumer decision making
what is the most controversial of the three tests for unfair advertising
intent
what is the most important element of disparate treatment
common law
what is the most important legal parameter product liability
bayer aspirin
what is the most well-known case of losing a trademark to it becoming generic
USPTO
what is the national office in charge of trademarks
municipal court
what is the only TX court that is normally appointed
"its the only way to do business"
what is the only exception to the per se rule for horizontal price fixing
its relatively new
what is the only one real disadvantage to LLCs
US v. Trenton Potteries
what is the original case to say horizontal price fixing is per se illegal?
they have enforcement power in and of themselves
what is the power that sets apart regulatory agencies from other branches of gov
to allow interested parties the opportunity to be heard when agencies are proposing to adopt rule that will have an impact on their lives
what is the primary goal of the APA
automobiles
what is the primary mobile source of pollution
administrative agencies
what is the primary tool for gov regulation
appellant gives notice to trial court, record is sent to appellate court, appellant and appellee send in briefs, oral arguments, decision
what is the process of a civil appeals case
same as the process to certify the union as representative
what is the process to decertify the union
2/3 civil, 1/3 criminal
what is the proportion of civil to criminal cases in state district courts
Sugar Act, Stamp Act, Stamp Act Congress, Townshend Act, boycotted tea, Tea Act, Boston tea party, Coercive Acts, First Continental Congress, Lexington and Concord, Second Continental Congress, victory, AOC, Shay's Rebellion, Annapolis convention, Constitutional Convention
what is the quick history timeline of the american colonies (16 events)
employee must have been with the company for at least 12 months and have worked 1250 hours
what is the requirement on how long the employee must have been working to be protected by FMLA
unions are among the most highly regulated private organizations in the country
what is the result of L-G
board is free to do as it pleases
what is the result of separation of ownership and control if left unchecked
each county must have one and only one
what is the rule about the number of county courts
rule of reason
what is the rule for exclusive dealing contracts
per se
what is the rule for horizontal boycotts
per se
what is the rule for horizontal price fixing
rule of reason
what is the rule for mergers
per se with a twist, and the twist is that its rule of reason
what is the rule for tying arrangments
per se
what is the rule for vertical boycotts
rule of reason
what is the rule for vertical market divisions
rule of reason
what is the rule for vertical price fixing
stores have recalled them, importer refuses to cooperate
what is the status of the buckyball recall
five years
what is the statute of limitations under Insider Trading Sanctions Act
reporting for the public good
what is the test to see if you are protected by the Whistleblower Protection Act
Texas Commission on Environmental Quality (TCEQ)
what is the texas equivalent to the EPA
six months
what is the time period on short-swing profits?
administrative warrant
what is the usual type of required warrant for a business
disposal of nuclear wastes
what is the very controversial part of the NRC
they recognize the difference between a temporary and permanent nuisance
what is unique ab TX when it comes to the tort of nuisance
texas requires special damages
what is unique about texas when it comes to the elements of malicious prosecution
independent agency
what kind of AA is CPSC
US district court
what kind of court would the FTC go file an injunction with in the case of advertising that needs to be removed immediately?
treble damages
what kind of damages can you by punished with for insider trading
monetary damages
what kind of damages can you get if you are victim of trespass to personal property
majority decision
what kind of decision from the appellate courts sets legal precedent
state law
what kind of law is LLP under
state
what kind of law is drug testing
state
what kind of law is workers comp
state law (meaning states DO NOT have to enact right-to-work laws if they don't want to)
what kind of laws are right-to-work laws
unlimited liability, fiduciary duty to limited partners
what kind of liability do general partners have in an LP
limited liability
what kind of liability to limited partners have with LP
monetary and equitable remedies
what kind of remedies can you get as a victim of nuisance
double taxation
what kind of tax structure is closely held corps under
majority rule basis
what kind of vote is required to have the union as sole representative (what percentage of ppl have to vote yes)
Clean Air Act
what law concerns itself with 'known pollutants'
Clean Air Act
what law deals with specific standards to prevent acid rain
clayton
what law exempts unions from antitrust law
Securities Exchange Act of 1934
what law regulates the manner in which proxies are solicited
Clayton and Capper-Volstead Act
what laws exempt ag cooperatives
River and Harbor Act, Federal Water Pollution Control Act, and Water Quality Act
what laws make up the Clean Water Act
tylenol cyanide poisonings
what led to federal anti-tampering act
congress not allowing saccharin to be banned by delaney clause
what led to nutrition labeling and education act
thalidomide issues
what led to the Kefauver-Harris amendment
Exxon Valdez disaster
what led to the OPA
appeals from first tier, criminal (Class A and B misdemeanors), civil (200-10000), juvenile matter, probate jurisdiction
what matter does county court authority extend to
returned to company's treasury
what must happen if any corporate insiders enjoy short swing profits
oversees hiring and performance of outside auditors (as opposed to managers), auditors report to audit committee about any disagreements with managers
what new things about audit committee where put in place by SOX
conduct of the party, words spoken or written, and circumstances surrounding the transaction
what objective factors are considered when talking about contracts
Lanham
what other act besides the FTC Act would allow a private company to sue under a bait and switch situation?
fifth amendment
what part of const allows for eminent domain
Bureau of Consumer Protection
what part of the FTC is charged with regulating unfair and deceptive advertising
99%
what percent of EEOC cases are settled through ADR?
8%
what percent of private sector workers are in a union
38%
what percent of public sector workers are in a sector
90%
what percentage of antitrust law are private lawsuits
90%
what percentage of civil cases settle prior to trial
lanham act
what piece of legislation establishes a plan for action for false advertising
the party in power (dems) picked up more seats in Congress during the off year election, first time in history for this to happen (FDR and pro union measures were extremely popular)
what random fact occurred in 1934 that was first time in american history to happen
negligence
what requires cause in fact and proximate cause as elements
capital punishment
what requires the highest amount of due process
rule of reason
what rule does Swim consider IBM v US to be
statute
what sets forth venue rules
preponderance of the evidence
what standard of proof are torts measured to
Kansas
what state is blue sky laws "based" off of
California
what state were the federal environmental laws modeled after
new automobiles must meet air quality control standards, regulates fuel and fuel additives, service stations are controlled
what the the three areas under mobile sources of air pollution that CAA emphasizes
common law of contracts and torts or statutory law
what three ways can consumers gain remedies from false advertising
Gov in Sun and FOIA
what two acts show the basic theory that better regulations will result from increased accountability of bureaucrats
financial affairs of labor unions and election of union officers
what two areas is L-G supposed to regulate
pesticides and landfills
what two main things is the Safe Drinking Water Act concerned will contaminate the water
GE and Honeywell, UPS and the Netherlands
what two mergers has the EU blocked recently
gave business owners the right to treble damages and instituted "intent to use" filing
what two things did Trademark Law Revision Act do
cause in fact and proximate cause
what two types of causation are generally required to maintain an action for negligence
car dealerships and liquor stores
what two types of establishments still follow Blue Laws
RACT and BACT
what two types of pollution control devices are for stationary sources
procedural and regulatory
what two types of rules does informal rulemaking make?
performance and labeling standards
what two types of standards can the CPSC issue if testing reveal there is a product is hazardous
CCAL and district
what two types of state trial courts have the possibility of being specialized
revocation and lapse of time
what two types of termination of an offer by person would an option contract be relevant to?
colors and sounds
what two weird things can be trademarked
independent executive agency
what type of agency is the EPA
monetary and equitable
what type of damages can be used for conversion charges
majority decision
what type of decision from the appellate courts sets forth the court's legal rationale for their decision
race discrimination
what type of discrimination was the main focus of Title VII
secret ballot
what type of election is it for union representation
public sector
what type of employees are protected by the Whistleblower Protection Act
all public sector employees, private sector employees if 50 or more
what type of employees are protected under FMLA
government workers or private workers if business has 50 or more employees
what type of employees does FMLA apply to?
BACT
what type of environmental controls are required by the Safe Drinking Water Act of 1974?
trademark
what type of intellectual property is the Anticybersquatting Consumer Protection Act regarding
state law
what type of law has been allowing teachers, librarians, and other state and local employees to unionize
common law and state law
what type of law is contracts law
meat and meat products bc under dept of ag
what type of products are exempt from FDA law and why
sunset laws (state)
what type of reform of agencies does not apply to the federal agencies?
procedural rules and regulations
what type of regulatory rules do the courts give the closest scrutiny
hazardous industries or emergent circumstances
what type of situations do not require a warrant
zero risk standard
what type of standard did the delaney clause set
express warranty under UCC
what type of statutory remedies are there for consumers for false advertising
current use filing
what type of trademark filing requires teh registrant to prove they have used the mark in commerce
intent to use
what type of trademark filing requires the product to not currently be in commercial use
executive and independent executive
what types of agencies can the president remove the head at will
statutory damages and attorney's fees
what types of damages/fees do you forfeit if your copyright is not registered when you sue
state statutory law and common law
what types of law make up contracts law
texas and many other states used to say that if a member of the LLC died, the LLC was dissolved (then had to form a new LLC)
what used to be a major problem with LLCs
employment-at-will
what used to be the american employment "policy" in the 1800s
residence of the defendant
what usually determines venue
voluntary action by the company
what usually results from "objectionable conditions" being found by the FDA
FDA sends warning letter giving notice of possible enforcement steps that could be taken
what usually results from "serious objectionable conditions" being found by the FDA
trying to screw w the courts
what was FDRs response to Schechter v US
Indiana Federation of Dentists rule was illegal based on rule of reason
what was FTC v Indiana Federation of Dentists ruling
violation of 10b-5
what was Michael Milken guilty of
Dept of Ag
what was Pure Food and Drug Act and the FDA ORIGINALLY under
public reaction to sherman & rule of reason
what was a big issue in 1912 presidential race
lifting taxes except on tea
what was british response to boston massacre
coercive acts
what was british response to boston tea party
tea act of 1773
what was british response to committees of correspondence
townshend acts
what was british response to stamp act congress
First Continental Congress
what was colonists response to coercive acts
boycotting tea
what was colonists response to townshend acts
send 20,000 more troops to boston, label all delegates as traitors
what was king's response to second continental congress
all the states
what was necessary for AOC to be ratified
3/4 states
what was necessary for the constitution to be ratified by the states
New England Compounding Center
what was one of the deadliest medical outbreaks in US history
limit power of unions
what was purpose of taft-hartley
she lost at appellate level bc she sued the company, and not him. if she would have sued him she would have one (he was outside the scope of his employment, not the company's fault)
what was result of hill v western union telegraph
court held buick was liable even though they didn't manufacture the faulty wheel, they negligently used it
what was result of macpherson v buick
taft-hartley act
what was result of unions' actions during WWII
per se illegal
what was ruling of Dr Miles Med v John Park
per se illegal
what was ruling of US v Socony-Vacuum
per se illegal
what was ruling of US v Suntar Roofing
per se illegal
what was ruling of arizona v maricopa
1500 farmers (whose farms were foreclosed) raid the federal arsenal, was stopped by privately funded force
what was shays rebellion
Elixir Sulfanilamide
what was the Food Drug and Cosmetic Act a result of
spanish-american war and The Jungle
what was the Pure Food and Drug Act the result of
National Pollutant Discharge Elimination System (NPDES)
what was the River and Harbor Act replaced by
didn't do anything about anticompetitive practices
what was the big problem with sherman
directly outlawed anticompetitive practices
what was the biggest step forward in the clayton act
was basically antifreeze, over 100 died, result was Food Drug and Cosmetic Act
what was the deal w elixir sulfanilamide
lead paint
what was the deal with thomas the train engine
Brown v. Board of Education
what was the defining moment of the beginning of the Civil Rights Movement
EPA
what was the first act dealing with discrimination at the federal level?
macpherson v buick
what was the first case outside of food and drug to hold a manufacturer liable
wyoming
what was the first state to have LLCs in the US
stamp act congress (1765), 9/13
what was the first unified meeting of the colonies, and how many attended
one house, supreme court appointed by congress
what was the gov like under NJ plan
one house, no president, no national courts
what was the gov like under the AOC
National Industrial Recovery Act (NIRA)
what was the law that was the precursor to the FLSA that was declared unconstitutional?
john rockefeller's standard oil trust
what was the original target of antitrust law
vetoed by Truman, overridden
what was the path of Taft-Hartley in Congress
certain contracts must be in writing
what was the result of statute of frauds
Consumer Product Safety Act
what was the result of the Bipartisan Commission of Product Safety
not guilty
what was the ruling of Chiarella v US
per se (with a twist)
what was the ruling of IBM v US
30%
what was the unemployment rate in the Great Depression
10th amendment
what was used by Maryland as defense in McCullough
sunland inc, taylor farms pacific, new england compounding center
what were his three examples of recent FDA recalls
caveat emptor becomes caveat venditor
what were the legal implications of second restatement of torts
unity in colonies, king rejected demands
what were the results of the first continental congress
Body Wise, Enforma, Sagee USA
what where the three other cases about deceptive advertising in dietary supplements industry
fed gov will enforce
what will happen if states don't enforce NAAQS
1927
what year the FDA take over regulation of the Pure Food and Drug Act?
1970
what year was the EPA created
yellowstone in 1872
what/when was first national park
judicial passivism
when a judge Follows legislative intent
hung
when a jury cannot decide the case
predatory pricing
when a manufacturer sells its product for a lower price in one geographic area to drive the competition out of business in that geographic area and then raises the price once the competition is removed, major type of price discrimination
disaffirmance
when a minor voids a contract
filling, dredging, or draining
when a wetland is identified, the owner cannot do what
en banc
when an appellate court that normally sits in panels sits as a whole
Unfair labor practice (ULP)
when an employer interferes with employees in the exercise of their rights to form labor unions and engage in collective bargaining
trade dress
when an infringer steals the entire inherent distinctive look of a competitor, form of trademark
blurring
when an unrelated product uses your trademark
connecticut in 1837
when and where was the first general incorporation law enacted
when they are worried the advertising will be over by then and it will be especially harmful to the public
when can the FTC sue in US District Court seeking an injunction
precedent
when court follows stare decisis doctrine
2010
when did RULLCA go into effect
long shore men
when did bush sr step in for national peril
coal industry
when did carter step in for national peril
american airlines pilots
when did clinton step in for national peril
steel industry
when did eisenhower step in for national peril
long shore men
when did nixon step in for national peril
when madison introduced 12 amendments
when did north carolina ratify the constitution
great depression
when did ppl realize that the laissez-faire attitude around employers and unions was no longer the way to go bc it wasn't fair
air traffic controller
when did reagan step in for national peril
when the bill of rights was ratified and GW had been pres for a year
when did rhode island ratify the constitution
after federalists agreed to include personal freedom and states rights
when did virginia and new york agree to ratify the constitution
after creditors but before general partners
when do limited partners get paid in dissolution of an LP
pleadings
when do pretrial motions occur
amount in controversy exceeds 20 and involves common law claim
when do you get a jury in federal civil court
wages, hours, and other conditions of employment
when does NLRA mandate good faith bargaining
pretrial phase
when does alternate dispute resolution come into play in a trial
pretrial phase
when does docket control occur
when nuisance is discovered
when does two-year statute of limitations period begin for a permanent nuisance
every time there is a new violation
when does two-year statute of limitations period begin for a temporary nuisance
unwanted
when in comes to invasion of privacy, unwarranted does not mean _____________
if they know agent is acting on their behalf and they lead a third party to believe the agent can represent them
when is a principal liable in an Agency by Estoppel situation
after closing arguments
when is courts charge delivered
the EU
when it comes to international regulation, who has been particularly aggressive to US businesses in recent years
sweetheart contract
when labor officials and negotiators secretly make a deal with management to the disadvantage of the workers whom the labor officials are supposed to represent
tarnishing
when someone uses your trademark in a negative fashion
symbolic speech
when symbols or signs are used as a means of expression
tender offer
when the acquiring company offers more than face value for stock attempting to purchase a controlling interest in the target company
Agency by Operation of Law
when the law imposes on a principal the consequence of an agency that was not otherwise accepted, usually in an emergency or other unusual situation
modify
when the majority decision agrees with lower court but modifies rulings in some way
affirm
when the majority decision agrees with the lower court
reverse
when the majority decision disagrees with lower court
remand
when the majority decision finds error and send case back to trial court to retry the case within the guidelines set by the appellate court
lapse of time
when the offeree fails to accept by a deadline defined in the offer or after a reasonable period of time
national peril
when the president has the right to intervene in labor disputes of nationally perilous situations
yes
when there is a material breach, is the nonbreaching party discharged from the contract
voidable, are
when unadjudicated insane returns to sanity, the contract is ______ and they (are/are not) liable for restitution
under gitlow v NY
when was Doctrine of Incorporation born
1790
when was first patent act passed by congress
1990
when was the most recent amendment of CAA passed
1935-1941 (after Wagner)
when was there a sharp increase in unionization
first half of 20th century
when were industry-specific regulatory agencies the predominant form of regulation
the 1920s (bc no one needed unions then, life was good)
when were yellow dog contracts popular
cooling off period
when workers in a critical industry return to their jobs while the union and management continue negotiations for 60 days, *mandated by president*
if partner was directly involved or had knowledge or done by somebody under your direct control
when would a partner potentially have liability in an LLP for another partner's actions
if agent acted outside of scope of authority
when would a principal not be contractually liable in an undisclosed situation?
if suppliers try to help ford break the strike
when would the ally doctrine come into play in the Ford secondary boycott example
alignment of financial interests
when you align the financial interests of the executive officers and the board members with that of the shareholders
mid 1800s with Thoreau
when/who did ppl begin to call attention to pollution
boston in 1652 with public water supply system
where could you begin environmental history began
Wiley's Bureau of Chemistry, was simply transformed (no single law created)
where did FDA come from
Germany
where did LLCs begin
chicago
where did haymarket riots happen
Martinsburg, WV
where did the great strike of 1877 start
wisconsin
where did workers comp begin
court of appeals
where do appeals from CC and CCAL go
CC or CCAL (de novo)
where do appeals from JP court go
federal court of appeals
where do appeals from NLRB go
court of appeals
where do appeals from state district court go
court of appeals
where do appeals from state district court go (except capital murder cases w death penalty)
court of criminal appeals
where do death penalty cases go straight to
the agency board and then the US Court of Appeals
where do you appeal AL cases to
USPTO (United States Patent and Trademark Office)
where do you register a patent
CC or CCAL (de novo)
where does an appeal from municipal court go
14th amendment
where does const give us due process by state gov
area outside city limits
where does the JP court cover
new orleans
where does the US Court of Appeals sit that includes TX federal courts
5th amendment
where does the const give us due process by nat gov
self-reporting
where does the information from TRI come from
from taxes on potentially hazardous waste products
where does the money for the Superfund come from
english common law
where does the tort of intentional interference with contractual relations come from
within city limits
where is the municipal court's authority limited to
exclusionary practices
where one firm is given the exclusive right, to the exclusion of others, to buy, sell, or trade another's product
friendly offer
where the acquiring company has asked the target board of directors and they have agreed to endorse the takeover and recommend its acceptance by the shareholders
unfriendly offer
where the board of the target company refuses the bid from the acquiring company
federalism
where the national gov is given powers by the Constitution while reserving other powers to the states
Alaska
where was the Exxon Valdez disaster
CC and CCAL
which Texas appellate court is not a true appellate court in that the trial is a retrial of the case
RCRA
which act can the fine/jail time be double for repeat offenders
T-H
which act created the Federal Mediation and Conciliation Service?
wagner
which act created the NLRB
River and Harbor Act of 1886
which act created the tradable permits system
T-H (was overruled)
which act did Truman veto
wagner
which act governs the election of a labor union for employees of a company
l-g
which act governs the election of union leaders within the union
Clean Air Act
which act is concerned about indoor pollution (radon gas)
ILA v Jacksonville Bulk
which act or case gave the rationale for the definition of "legal dispute" to be enhanced?
immigration act of 1924
which act pushed for unionization before the big 4 acts
clayton
which act restricts interlocking directorates
Omnibus Transportation Employee Testing Act
which act says post accident drug test possibly being mandatory
Nixon
which administration did NEPA pass under
5th
which amendment is eminent domain from
1st
which amendment is the establishment clause from
4th
which amendment is the exclusionary rule from
LLP
which business entity was first "created by professional accountants"
interference with prospective economic advantage
which business intentional tort does TX not recognize
Leggin Creative Leather Products v. PSKS
which case changed vertical price fixing from per se to rule of reason
Greensman v Yuba Power
which case is an example of Product Liability based on Strict Liability
Burlington Northern & Santa Fe Railway v. White
which case is regarding reverse discrimination?
equal protection clause
which clause has three levels of protection: rational basis, substantial gov interest, compelling state interest
upper 10%
which employees can be denied the benefit of FMLA
FLSA, FMLA, Rehabilitation Act of 1973
which employment discrimination laws are under the Dept of Labor Wages and Hours Division
EPA, Title VII, ADEA, ADA
which employment discrimination laws are under the EEOC
historical
which era was the FDA created in
fifth
which federal circuit of appeals is TX in
Title VII for disparate treatment
which federal law requires an employer to give a nondiscriminatory reason for rejection of an applicant as an element of the case
tradable permits
which is preferred by environmentalists: c-and-c or tradable permits
commerce clause
which is the most important clause in const as far as business is concerned
material breach
which is worse: substantial performance or material breach
Insider Trading Sanctions Act
which law allows for treble damages for insider trading
NEPA
which law create the Council on Environmental Quality
NLEA
which law determines what is "fresh" in terms of food products?
Safe Drinking Water Act
which law is concerned about landfills and pesticides contaminating water
none, it is VOLUNTARY by the gov
which law is the Toxic Release Inventory under
Clean Air Act
which law mandates SIPs
NEPA
which law requires EISs
Food Quality Protection Act
which law says sellers must provide brochures to the public on the use of a pesticide
NLEA
which law says the the USDA still regulates meat/poultry
Toxic Substances Control Act
which law says you have to test chemicals before they can be sold
Clean Air Act
which law talk about fuel/fuel additives and service stations
Clean Air Act
which law talks about primary/secondary levels of protection
haymarket riots
which major riot did the knights of labor "never recover from"
47th
which number state was TX to recognize IIED
article ii
which part of const talks about the executive branch
3 (quartering), 5 (grand jury), 7 (jury trial in civil cases)
which parts of bill of rights do NOT apply to states through doctrine of incorporation
truman
which president integrated and racially mixed the military in 1948 by exec order
deterrence
which purpose of tort law is the term "least-cost avoider" associated with
per se
which rule of antitrust law says cause is irrelevant
Tyco
which scandal is associated with a "thousand dollar shower curtain"
section 7
which section of Wagner legalizes unions
delaware
which state dominates corporate law?
New Hampshire
which state was 9th to ratify the constitution
southern and western states
which states have been passing right to work laws
colorado, NY, ND, CA
which states protect "legal recreational activities"
homestead steel
which strike did pinkertons kill workers so they went back to work
Homestead Steel Strike
which strike involved Pinkertons
pullman strike
which strike required US army intervention
homestead steel
which strike was against andrew carnegie's company
pullman strike
which strike was the railway workers sympathy strike
small claims court and CCAL
which texas courts were created by the texas lege
trespass to real property
which tort is "reasonable duty" and attractive nuisance doctrine related to
RCRA criminal and Noise Control
which two laws are "and/or two years"
New York and virginia
which two major states that made up 40% population did not ratify the constitution initially
copyrights and patents
which two types of intellectual property are protected by Article 1 Section 8 of the constitution
economy wide
which type of agency has the greatest impact on the overall legal environment of business, industry-specific or economy wide
proximate cause
which type of causation for negligence limits the other
quasi in rem
which type of jurisdiction have state courts historically abused, therefore subject to close federal scrutiny
corporation
which type of law is more consistent: corporation or LLC?
descriptive
which type of trademark do we usually find fair use claims
copyrights and patents (but copyrights keep getting extended by congress)
which types of intellectual property can you not renew
trademarks (and so probably trade names and trade secrets too)
which types of intellectual property is renewable
torts and contracts of other attorneys
while Professional Corp does not give limited liability in cases of malpractice, it does in cases of
DOJ (and FTC)
who administers the Clayton act
the US Coast Guard
who administers the OPA
directors, officers, and 10% shareholders
who are named "insiders" (would be under jurisdiction of 16b)
ppl that are creating the LLC
who are the organizers of an LLC
individuals, health professionals, industry member
who can report a violation to the FDA
NLRB
who conducts elections regarding the certification of unions as exclusive reps of the workers
judge
who conducts voir dire in federal court
attorneys
who conducts voir dire in texas courts
the lege
who created the county court at law
EPA and Commerce Department
who designates critical habitats for each endangered species
texas lege
who designates if a municipal court is a court of record
Secretary of Interior
who determines if a species is endangered or threatened
ohio supreme court
who dissolved standard oil trust
corporate officer (who will vote in favor of the board)
who do shareholders typically delegate their proxy to
FTC board, then US Court of Appeals
who do you appeal to after ALJ
Texas Secretary of State
who do you file a Certificate of Limited Partnership with
Complaint Coordinator
who do you file an FDA complaint with
Army Corps of Engineers
who do you have to get a permit from to mess with wetlands
employers with 15 or more employees
who does ADA apply to
officers and directors, NOT 10% SHAREHOLDERS
who does Corporate Opportunity Doctrine apply to?
employers
who does S-M go after
employers with 15 or more employees
who does Title VII apply to
plaintiff
who does closing arguments last
plaintiff
who does opening statements first
USDA and EPA
who does the FDA share the responsibility of regulating pesticides with?
mergers over $70 mil in value
who does the Hart-Scott-Rodino apply to
all named insiders (directors, officers, 10% shareholders)
who does the short swing profits rule apply to
electric generating plants
who does thermal pollution typically target
people in the precincts
who elects JP judges
shareholders
who elects the board of directors
FTC or DOJ
who enforces clayton
DOJ
who enforces sherman
state government
who enforces the NAAQS
henry lee of virginia
who entered a resolution calling for independence
SEC
who is in charge of enforcement of SE Act of 1934
Equal Employment Opportunity Commission
who is in charge of enforcing Title VII on a federal level
Civil Rights Division of the Texas Workforce Commission
who is in charge of enforcing Title VII on a state level in Texas
Dept of Labor, Wages and Hour Division
who is in charge of enforcing the FLSA
each partner
who is liable for taxes in partnership
the corporation and the owners
who is taxed in a corporation
educators
who is the main benefactor of the fair use doctrine
walmart
who is the nation's largest private sector employer
the person that can be served in the LLC
who is the registered agent in an LLC
LBJ
who issued Executive Order 11246
clinton
who issued executive order 13087
george washington
who led the constitutional convention
the board of directors
who often plays an important role in a tender offer
dept of labor
who oversees L-G act
the owner
who pays taxes in a sole proprietorship
knights of labor
who planned the haymarket protest
National Labor Relations Act
who regulates labor unions
senator kennedy
who sponsored L-G
cruise ships
who tends to violate the Ocean Dumping Act the most
city officials
who usually appoints the municipal judges
former slaves
who was 14th amendment originally intended for
insurance industry
who was majorly pushing for tort reform
kennedy
who was the first president to get the opportunity to enforce L-G?
grover cleveland, no
who was the only dem president during the time of the strikes and was he a friend to labor
ads targeted at children, funeral directors, and used car dealers
who were the first targets of unfair advertising (pre FTC Improvement Act)
nat gov
who win mcculloch v maryland
james madison
who wrote the virginia plan
the colonists
whose expense was the quartering act at
arthur andersen and enron
why are accounting firms forbidden in providing certain types of consulting services to their audit customers
they were greedy during WWII
why did public opinion turn against unions after 1941
8hr workday
why did the knights of labor plan the haymarket protest
take advantage of limited liability
why do closely held corporations utilize the corporate form
handled in other law
why is foreign trade exempt from antitrust law
the texas state const
why is the texas court system so complex
french and indian war caused british to raise taxes on colonists because they paid for protection
why were ties to the crown weakening with the colonists
costly
why would someone not want to do depositions
drastically
worker's comp varies (minimally/drastically) from state to state
regardless of fault
workers comp covers employee...
free riders
workers who were against the union so don't join, but still get some of the benefits
do not have privacy rights in regards to work property, unless computer owned by employee
workplace privacy rights
no
would right-to-work considerations be included in a CBA
infringement
wrongful taking or using Intellectual Property without permission or compensation to the rightful owner
cannot
you (can/cannot) change your mind about wanting arbitration
you know the answer the witness will give
you should only ask a question in a trial that begins with "why" when
Dirks case and test
• Dealt with issue of tippees in relation to insider trading • *Defines insider trading*