final b law
If the variety of goods to a sales contract is left open, the buyer is given the option of choosing those goods. This unspecified variety is an example of which of the following types of open terms?
an open assortment term
If the parties to a sales contract do not agree on when to pay, payment is due at the time and place at which the buyer is to receive the goods. This unspecified date and location is an example of which of the following types of open terms?
an open payment term
A small farm enters into a contract to sell its corn to a cereal manufacturer. Their contract provides that a price for the corn will be set by the federal government. This unnamed amount is an example of which of the following types of open terms?
an open price term
Alison is a sales representative for a textbook publishing company. She travels around the world, making sales and obtaining orders. Alison has which of the following exemptions from minimum wage and overtime pay requirements?
an outside sales representative exemption
A situation where an agency terminates because an unexpected change in circumstances has occurred that would lead the agent to believe that the principal's original instructions should no longer be valid is called termination of an agency by .
an unusual change in circumstances
Deepa decides to sell her house and hires Paul, a real estate broker, to list and sell the house for a price of $450,000. They agree that Paul will disclose the existence of the agency and the identity of the principal to interested third parties. Paul shows the house to Stacie, a prospective buyer, and discloses to Stacie that he is acting as an agent for Deepa. Stacie agrees to buy the house, and Paul signs the contract on behalf of Deepa. In this scenario, Deepa is which of the following?
a fully disclosed principal
Derivative action is best defined by which of the following?
a lawsuit a shareholder brings against an offending party on behalf of a corporation when the corporation fails to bring the lawsuit
You believe that you have been discriminated against in the workplace. You cannot immediately file a lawsuit against your employer, so you must first file a complaint with the EEOC. The EEOC agrees with you and finds a violation. The EEOC chooses not to bring suit. The EEOC then issues you a letter that gives you the right to sue your employer. What is this letter called?
a right to sue letter
Which type of state court system hears appeals from intermediate appellate state courts and certain trial courts?
a state supreme court
A compact made between two or more nations is called ____________
a treaty
You're observing a Supreme Court case. All nine justices hear the case, and all nine agree that the petitioner wins because the Equal Protection Clause of the U.S. Constitution had been violated. What kind of decision have the justices come to?
a unanimous decision
A consumer wants to trim the hedges that border his house but doesn't want to buy a hedge clipper for that purpose alone. He decides to lift his power lawn mower on its side to cut hedge and is injured when the lawn mower falls and cuts him. The manufacturer or seller of the man's power lawn mower is not liable under which of the following defenses to the imposition of liability?
abnormal misuse of a product
Dangerous activities for which strict liability is imposed are called .
abnormally dangerous activities
Eric Waters sees a house for sale and thinks his friend Christina Underwood would want to buy it. Eric enters into a contract to purchase the house from the seller and signs the contract "Eric Waters, agent for Christina Underwood." Because Eric is not Christina's agent, she is not bound to the contract. If Christina agrees to purchase the house, however, there is .
agency by ratification
A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual, is called an electronic .
agent
material breach
aka inferior performance no plumbing anywhere or only hired to pain door and does it wrong color Nonbreaching party is permitted to: Rescind contract and seek restitution, or Sue to enforce contract and seek damages aka no longer have to pay
substancial performance
aka minor breach almost everything is perfect on house but painted door wrong color (can't sue for breach but can for damages)
battery
intentional torts UNAUTHORIZED AND HARMFUL OR OFFENSIVE PHYSICAL CONTACT WITH ANOTHER PERSON THAT CAUSES INJURY - MAY ACCOMPANY ASSAULT if they actually hurt you, accompanies assault lots of the time ex. throwing rocks, shooting bullets, knocking off a hat, hitting someone
_______________ is a theory of social responsibility stating that a corporation owes a duty to take actions that maximize profits for stakeholders.
maximizing profits
In the landmark case Greenman v. Yuba Power Products, Inc., the California Supreme Court adopted the doctrine of ______.
strict liability
A(n) ______________ is a rule issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere.
substantive rule
The U.S. Supreme Court ruled that an Alabama statute that authorized a one-minute period of silence in school for "meditation or voluntary prayer" was invalid. The Court held that the statute endorsed religion. Which clause did the Alabama statute violate?
the Establishment Clause
A rule that requires the votes of four justices to grant an appeal and schedule an oral argument before the U.S. Supreme Court is called_________ .
the rule of four
______________ is a moral theory stating that individuals must decide what is ethical based on their own feelings about what is right and wrong.
ethical relativism
A SET OF MORAL PRINCIPLES OR VALUES THAT GOVERNS THE CONDUCT OF AN INDIVIDUAL OR GROUP
ethics
FAILURE TO WARN
• DEFECT THAT OCCURS WHEN A MANUFACTURER DOES NOT PLACE A WARNING ON THE PACKAGING OF PRODUCTS THAT COULD CAUSE INJURY IF THE DANGER IS UNKNOWN • PROPER AND CONSPICUOUS WARNING PLACED ON THE PRODUCT INSULATES ALL IN THE CHAIN OF DISTRIBUTION • FAILURE TO WARN IS A DEFECT THAT SUPPORTS A STRICT LIABILITY ACTION side effects on medicine, unplug before you use
ALTERNATIVE DISPUTE RESOLUTION (ADR)
• METHODS OF RESOLVING DISPUTES OTHER THAN LITIGATION ARE: • NEGOTIATION • ARBITRATION • MEDIATION bc litigation is expensive, have to find an issue
CREDITOR IN A MORTGAGE RELATIONSHIP
• MORTGAGEE:
GOVERNMENT IN THE SUNSHINE ACT
• OPENS FEDERAL ADMINISTRATIVE AGENCY MEETINGS TO THE PUBLIC another part of transparency
STATUTE OF LIMITATIONS
• PLAINTIFF MUST BRING ACTION WITHIN A CERTAIN NUMBER OF YEARS FROM THE TIME THAT HE OR SHE WAS INJURED BY THE DEFECTIVE PRODUCT • DEFENDANT IS RELIEVED OF LIABILITY IF ACTION IS NOT BROUGHT WITHIN LIMITATION PERIOD
e-COMMERCE CAN BE USED FOR:
• SALES OF GOODS • LICENSING OF INTELLECTUAL PROPERTY • SALES OF SERVICES
how are contracts entered in by parties
voluntarily
fundamental rights
voting
law and economics school
"Chicago school" promoting market efficiency should be the central goal of legal making decisions
• FORUM-SELECTION CLAUSE:
CONTRACT PROVISION THAT DESIGNATES A CERTAIN COURT TO HEAR ANY DISPUTE CONCERNING NONPERFORMANCE OF THE CONTRACT says in contract where suit would happen
SUSPECT CLASS
(RACE, NATIONAL ORIGIN, CITIZENSHIP)
• SMALL CLAIMS COURTS
(TEXAS - JP COURTS (less formal), MUNICIPAL COURTS) : HEAR CIVIL CASES INVOLVING SMALL DOLLAR AMOUNTS; TRAFFIC CITATIONS
FEDERAL JURISDICTION 2 ways to get in
1. federal questions case 2. diversity of citizenship
injunction
A COURT ORDER THAT PROHIBITS A PERSON FROM DOING A CERTAIN ACT patent- stop company from using your thing
STATE COURTS RESOLVE MORE THAN ____ PERCENT OF THE LAWSUITS BROUGHT IN THIS COUNTRY
95
UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA)
A MODEL ACT THAT ESTABLISHES UNIFORM LEGAL RULES FOR THE FORMATION AND ENFORCEMENT OF ELECTRONIC CONTRACTS
PETITION FOR CERTIORARI:
A PETITION ASKING THE SUPREME COURT TO HEAR A CASE
production of documents
COPIES OF ALL RELEVANT DOCUMENTS OBTAINED BY A PARTY TO A LAWSUIT FROM ANOTHER PARTY ON ORDER OF THE COURT asking for emails/texts give so much they burry you
DOCTRINE OF SOVEREIGN IMMUNITY
COUNTRIES ARE GRANTED IMMUNITY FROM SUITS IN COURTS OF OTHER COUNTRIES
Which of the following best describes a chamber?
A portion of the legislative branch of government; refers to either the U.S. House of Representatives or the U.S. Senate
STATE ADMINISTRATIVE AGENCIES:
CREATED BY LEGISLATIVE BRANCHES OF STATES TO ADMINISTER STATE REGULATORY LAWS make sure you're in compliance
USINESSES USE _____ TO PURCHASE EQUIPMENT, SUPPLIES, AND OTHER GOODS AND SERVICES
CREDIT you get credit to help with cash flow
orders the sheriff or other government officer to seize property in the possession of the breaching party that he or she owns and to sell the property at auction to satisfy a judgment.
A writ of attachment
principal-agent relationship
FIDUCIARY RELATIONSHIP WHICH RESULTS FROM THE MANIFESTATION OF CONSENT BY ONE PERSON TO ANOTHER THAT THE OTHER SHALL ACT IN HIS BEHALF AND SUBJECT TO HIS CONTROL, AND CONSENT BY THE OTHER TO ACT hires agent to do something for them
rescission
AN ACTION TO UNDO A CONTRACT
A plaintiff, by filing a lawsuit with a court, gives the court ___________ over him- or herself.
in personam jurisdiction
______________________ are regions of each state that the Environmental Protection Agency (EPA) has designated to measure compliance with air quality standards.
Air quality control regions (AQCRs)
_________________ is a federal statute that amended the Patient Protection and Affordable Care Act (PPACA) and created the Health Care Reform Act.
The Health Care and Education Reconciliation Act
Scholars in which of the following schools of jurisprudence are most likely to look to past legal decisions (precedent) to solve contemporary problems?
The Historical School
THROUGH COLLECTIVE BARGAINING WITH EMPLOYERS, LABOR UNIONS OBTAINED
BETTER WORKING CONDITIONS, HIGHER WAGES, AND GREATER BENEFITS FOR THEIR MEMBERS
Statements of policy
power of the administrative agency Issued by an administrative agency that announces a proposed course of action that the agency intends to follow in the future
The _________________________ is an association composed of the United States and the Central American countries of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua.
Central America Free Trade Agreement (CAFTA)
The _____________________ is a federal statute that establishes water quality standards and regulates water pollution.
Clean Water Act
The _____________________________ is a federal statute that authorizes the federal government to deal with hazardous wastes. The act creates a monetary fund to finance the cleanup of hazardous waste sites.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)
The _____________________ is a federal administrative agency empowered to adopt rules and regulations to interpret and enforce the Consumer Product Safety Act.
Consumer Product Safety Commission (CPSC)
MOTIVATION TEST
DETERMINES WHETHER AN AGENT'S MOTIVATION IN COMMITTING AN INTENTIONAL TORT IS TO PROMOTE THE PRINCIPAL'S BUSINESS
• ENGLISH COMMON LAW
DEVELOPED BY JUDGES WHO ISSUED OPINIONS WHEN DECIDING CASES • PRINCIPLES ANNOUNCED IN CASES BECAME PRECEDENT FOR LATER JUDGES DECIDING SIMILAR CASES
RELIGIOUS DISCRIMINATION
DISCRIMINATION BASED ON A PERSON'S RELIGION OR RELIGIOUS PRACTICES
ADMINISTRATIVE ORDER:
DECISION ISSUED BY AN ADMINISTRATIVE LAW JUDGE once the case is heard, and works for the agency
defect in design
DEFECT THAT OCCURS WHEN A PRODUCT IS DESIGNED IMPROPERLY battery too close to something, lead paint
counterclaims
DEFENDANT SUES PLAINTIFF, AND PLAINTIFF ANSWERS
INJURY TO AN EMPLOYEE THAT ARISES OUT OF AND IN THE COURSE OF EMPLOYMENT
EMPLOYEE RELATED INJURY
The is a federal act designed to prevent fraud and other abuses associated with private pension funds.
Employee Retirement Income Security Act
CROSSOVER WORKERS
Employees who choose not to strike or return to work after joining the strikes
DISTRICT COURT
FELONIES, EXCLUSIVE OVER 100,000 can be shared among different counties based on side brazen county as 3
FOOD, DRUG, AND COSMETIC ACT (FDCA/FDC ACT) created the
FOOD AND DRUG ADMINISTRATION (FDA)
Under the , employees must make contributions (i.e., pay taxes) into the Social Security fund, and an employee's employer must pay a matching amount.
Federal Insurance Contributions Act
is/are rule(s) that provides that the income and losses of a limited liability company or limited liability partnership are reported on the owner's personal income tax return.
Flow-through taxation
The _______________________ is a federal administrative agency that administers and enforces the federal Food, Drug, and Cosmetic Act and other federal consumer protection laws.
Food and Drug Administration (FDA)
Gentris has just been hired by Greenwhite Corporation by the board of directors. Gentris's main duty will be to manage the day-to-day operations of the corporation. Greenwhite Corporation has hired Gentris as which of the following?
a corporate officer
tax issues
How much tax will the business have to pay on their income
breach of contract
IF ONE OR BOTH OF THE PARTIES DO NOT PERFORM THEIR DUTIES AS SPECIFIED IN THE CONTRACT
liability issues
If something happens where the "business" is liable "If one of my fellow partners in the business commits a tort and gets sued, am I liable too? because I'm an owner of the business? We have to consider the personal liability of the business owner. We know the injured plaintiffs can go after the business, but can they go after the owner personally for all the owner's personal assets.
The ____________________ is a federal statute that requires pesticides, herbicides, fungicides, and rodenticides to be registered with the EPA; the EPA may deny, suspend, or cancel registration.
Insecticide, Fungicide, and Rodenticide Act
stakeholder interest
employees raise would reduce profit for shareholders
Appeals are usually heard by a three-judge panel. After a decision is rendered by the three-judge panel, a petitioner can request a(n)__________ by the full appeals court.
en banc review
The executive branch of the government has the power to __________
enforce the law
You have entered into a contract with a business partner. Ultimately, it turns out that the contract will cause your own business to lose money. According to _____________, it would be your moral duty to abide by the contract you entered even though it will be detrimental to you.
Kantian ethics
ENGLISH COMMON LAW parts
Law courts Courts of Chancery (equity courts)
what is Specific government regulation
Laws that regulate a specific industry or type of business ex. nuclear power plant FCC, FAA
General government regulation
Laws that regulate businesses and industries collectively IRS, OSHA
DEPARTMent of labor regulations
Less than 14 Newspaper deliverers 14-15 (8PM CUT OFF TIME) • Non‐hazardous jobs • Limited hours 16-17 • Non‐hazardous jobs • Unlimited hours (40 HR) 18 and above Any job
Michael Edwards is the owner and operator of a nuclear power plant in Washington. The power plant generates pollution, including thermal pollution affecting a nearby river. The nuclear wastes the Edwards' plant creates are relocated to a permanent disposal site selected by the federal government. Edwards' plant was given license to operate by the _______________________.
Nuclear Regulatory Commission (NRC)
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
MANDATES FEDERAL GOVERNMENT TO CONSIDER THE ADVERSE IMPACT A FEDERAL GOVERNMENT ACTION WOULD HAVE ON THE ENVIRONMENT BEFORE IT IS IMPLEMENTED find the effect an action would have on the environment
COUNTY COURT AT LAW
MISDEMEANORS ON THE CRIMINAL SIDE AND CIVIL UNDER $500 EXCLUSIVE brazos county has 2
CLEAN AIR ACT:
PROVIDES COMPREHENSIVE REGULATION OF AIR QUALITY IN THE UNITED STATES • AMENDED BY CLEAN AIR ACT AMENDMENTS
FOOD, DRUG, AND COSMETIC ACT (FDCA/FDC ACT)
PROVIDES THE BASIS FOR THE REGULATION OF TESTING, MANUFACTURE, DISTRIBUTION, AND SALE OF FOODS, DRUGS, COSMETICS, AND MEDICINAL PRODUCTS
ECTION 5 OF THE FTC ACT:
PROVISION IN THE FTC ACT THAT PROHIBITS UNFAIR AND DECEPTIVE PRACTICES claims of what the product can do
due process clause
NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF THE LAW
PERMISSIVE SUBJECTS
NOT COMPULSORY OR ILLEGAL
GIBBONS V. OGDEN
NY was denying some licenses but allowing some and it was the federal gov jobs
When the states ratified the Constitution, they delegated certain powers—like the regulation of interstate commerce and foreign affairs—to the federal government. To which of the following is the scenario referring?
enumerated powers
essential elements for partnerships
Partnership presumed if: Partnerships • • • • 1. Sharing of profits or losses. 2. Joint ownership of the business. 3. Equal right to be involved in the management of the business.
FORMATION OF SALES AND LEASE CONTRACTS: OFFER • GAP-FILLING RULE:
RULE THAT SAYS AN OPEN TERM CAN BE READ INTO A CONTRACT • CONTRACT DOES NOT FAIL BECAUSE OF INDEFINITENESS IF: • PARTIES INTENDED TO MAKE A CONTRACT • THERE IS A REASONABLY CERTAIN BASIS FOR GIVING AN APPROPRIATE REMEDY can wail bc indefiniteness UCC allows
LIABLE FOR ANY MISREPRESENTATIONS MADE BY AGENT WITHIN SCOPE OF EMPLOYMENT
Principal
corporations are private corporations formed by professionals such as lawyers, accountants, physicians, and dentists.
Professional
The _______________ is a federal act that protects persons from harassment by federal administrative agencies.
equal access to Justice act
• DISSENTING OPINION:
REASONS ISSUED BY A JUSTICE WHO DOES NOT AGREE WITH A DECISION
DO-NOT-CALL REGISTRY:
REGISTER CREATED BY FEDERAL LAW WHERE CONSUMERS ADD THEIR PHONE NUMBERS AND FREE THEMSELVES FROM UNSOLICITED TELEMARKETING AND COMMERCIAL TELEPHONE CALLS
CONSUMER PRODUCT SAFETY ACT (CPSA):
REGULATES POTENTIALLY DANGEROUS CONSUMER PRODUCTS; CREATED THE CONSUMER PRODUCT SAFETY COMMISSION
article 2a lease definition
TRANSFER OF RIGHT TO POSSESSION AND USE OF NAMED GOODS FOR A SET TERM, IN RETURN FOR CERTAIN CONSIDERATION not a building lease , car/equipment lease
TYPES OF OSHA STANDARDS general duty standards
Requires an employer to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees catch all
You own and operate an energy-from-waste facility in Nevada. When municipal solid waste is collected from the surrounding communities, it is transferred to your facility, where it's processed and converted to energy. In the process, the municipal waste is stored, treated, and transported through your facilities. The EPA is authorized to regulate your facility under the _________________________.
Resource Conservation and Recovery Act (RCRA)
The Department of the Interior (DOI) is responsible for the management and conservation of the majority of federal land and natural resources and administers programs relating to Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States. The DOI is an example of a(n) ______________.
cabinet-level federal department
Megan, who owns a piece of vacant real estate, hires Dashiell, a licensed real estate broker, to list the property for sale. Matt, an adjacent property owner to Megan's property, tells Dashiell that a chemical plant has polluted his property and probably Megan's property. As an agent, Dashiell has a duty to tell Megan about the pollution. Dashiell's duty in this scenario is which of the following?
a duty to notify
E-COMMERCE
SALE AND LEASE OF GOODS AND SERVICES AND OTHER PROPERTY AND THE LICENSING OF SOFTWARE OVER THE INTERNET OR BY OTHER ELECTRONIC MEANS
MANY LENDERS TAKE A _______ IN THE PROPERTY PURCHASED OR SOME OTHER PROPERTY OF THE DEBTOR
SECURITY INTEREST
Socratic Method
SERIES OF QUESTIONS AND ANSWERS • GIVE-AND-TAKE INQUIRY AND DEBATE BETWEEN A PROFESSOR AND STUDENT
Euro
SINGLE MONETARY UNIT THAT HAS BEEN ADOPTED BY MANY COUNTRIES OF THE EU THAT COMPRISE THE EUROZONE Britain still uses the pound
POINT SOURCES OF WATER POLLUTIO
SOURCES THAT ARE FIXED AND STATIONARY
INTERSTATE COMMERCE
STATE CAN ENACT LAWS TO REGULATE AREAS OF COMMERCE WITH ITS POLICE POWER
The ________ prompts companies to encourage senior officers of public companies to act ethically in their dealings with shareholders, employees, and other constituents.
Sarbanes-Oxley Act of 2002
In class, your professor asks you to put the desks in a circle. He describes a current U.S. Supreme Court Case where Coca-Cola may have misled its customers about the contents of one of its juice blends. Your professor asks questions and prompts debate about the case's ethics. Your professor is using the _________ method to discuss the case.
Socratic
A limited liability partnership in any state other than the one in which it is organized is called .
a foreign LLP
__________________ is law that an administrative agency enforces—federal statutes enacted by Congress or state statutes enacted by state legislatures.
Substantive administrative law
• POM WONDERFUL LLC V. COCA-COLA COMPANY case heard
Supreme court
article 2 goods definition
TANGIBLE THINGS THAT ARE MOVABLE AT THE TIME OF THEIR IDENTIFICATION TO A CONTRACT • MONEY AND INTANGIBLE ITEMS ARE NOT TANGIBLE GOODS • REAL ESTATE IS NOT A TANGIBLE GOOD
wrongful termination
TERMINATION OF AN AGENCY CONTRACT IN VIOLATION OF THE TERMS OF THE AGENCY CONTRACT • NONBREACHING PARTY MAY RECOVER DAMAGES FROM THE BREACHING PARTY
Which government body is composed of two U.S. senators from each state?
The US Senate
In which government body is the number of representatives determined according to the population of each state?
The US house of representatives
Which branch of the federal government has the power to make (enact) the law?
The legislative branch (Congress)
Your friend Buffy signs a contract to purchase a new BMW automobile from Luxury Motors. Buffy then pays for the car and Luxury Motors delivers the car to Buffy. Buffy's contract is an example of which of the following?
an executed contract
Michelle Bott is Regional Manager for the Philadelphia branch of the Grade A Paper Company. Michelle is compensated on a salary basis, engages in management, has authority to hire employees, and regularly directs two or more employees. Michelle has which of the following exemptions from minimum wage and overtime pay requirements?
an executive exemption
A federal law that permits debtors who are subject to a writ of garnishment to retain a specified percentage or amount of their earnings is which of the following?
Title III of the Consumer Credit Protection Act
Which of the following gives each union member equal rights and privileges to nominate candidates for union office, vote in elections, and participate in membership meetings?
Title I of the Landrum-Griffin Act
________________ are toxic chemicals, such as asbestos, mercury, vinyl chloride, benzene, beryllium, and radionuclides.
Toxic air pollutants
Which of the following processes immigrant visa and naturalization petitions?
U.S. Citizenship and Immigration Services
The _________________ is the federal administrative agency that is responsible for regulating the safety of meat, poultry, and other food products.
U.S. Department of Agriculture (USDA)
TYPES OF DECISIONS OF THE U.S. SUPREME COURT
UNANIMOUS, MAJORITY, PLURALITY(majority agree but for Dif reasons, TIE (9 judges bur they can abstain from voting)
The ____________________ is a United Nations-sponsored protocol that requires signatory countries to place the label, "May contain living modified organisms," on all genetically engineered foods.
United Nations Biosafety Protocol for Genetically Altered Goods (Biosafety Protocol)
FOREIGN COMMERCE CLAUSE:
VESTS CONGRESS WITH THE POWER TO REGULATE COMMERCE WITH FOREIGN NATIONS in US constitution
COMPULSORY SUBJECTS:
WAGE, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
PAID TO WORKERS AND THEIR FAMILIES WHEN WORKERS ARE INJURED IN CONNECTION WITH THEIR JOBS
WORKERS COMPENSATION
INTERROGATORIES:
WRITTEN QUESTIONS SUBMITTED BY ONE PARTY TO THE OTHER PARTY OF A LAWSUIT carefully written
A document that is filed with the secretary of state on the dissolution of a limited partnership is called .
a certificate of cancellation
Dean and Miley are entering into a limited partnership. They know that the creation of a limited partnership is formal and requires public disclosure. They prepared a document that complies with the statutory requirements of the RULPA, signed the document, and filed it with the secretary of state. Dean and Miley have executed which of the following?
a certificate of limited partnership
is the process by which a dissolved corporation's assets are collected, liquidated, and distributed to creditors, preferred shareholders, and common shareholders.
Winding up and liquidation
Section 406 of the Sarbanes-Oxley Act requires a public company to disclose whether it has adopted ___________ for senior financial officers.
a code of ethics
The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit is called ________ .
a complaint
Jurisdiction in cyberspace - example of a company
Zippo manuf company vs zippo.com.inc tobacco lighters in Pennsylvania and sells worldwide, courts created a "sliding scale"
Which of the following is a corporation that pays taxes at the corporate level and whose shareholders pay taxes on dividends paid by the corporation?
a C corporation
motion for summary of judgement
asserts that if there are no factual disputes needed to be decided by jury, the judge could decide
good/bad unions
bad- incr wages so much companies move good- help w min wage and child labor
REASONABLE PROFESSIONAL STANDARD
brain surgeon compared to other brain surgeons small doctor held to small doctor standards
civil and criminal side of the law dealing with torts
can have different results
texas employment at will
can hire/fire anyone as long as it isn't a protected class (race, gender, religion)
PROPERTY IN WHICH THE SECURITY INTEREST IS TAKEN
collateral
what is FAA
comercial airlines
A situation that occurs when an agent acts for two or more different principals in the same transaction is called
dual agency
It's the year 2150, and the human race has established a new country on Mars. After a dispute about water rationing, a war begins, and the president of the United States declares that the United States will no longer be selling goods or services to the new country on Mars. In this scenario, the President has issued a/an _________
executive order
sources of the law
executive orders regulations and orders of administrative agencies judicial decisions
An agency that occurs when a principal and an agent expressly agree to enter into an agency agreement with each other is called .
express agency
duty to reimburse
get coke, give money back that they paid for the coke
Tangible items that are movable at the time of their identification to a contract are called .
goods
DESIGNED TO PROTECT EMPLOYEES AND THE PUBLIC FROM UNSAFE AND ABUSIVE PRACTICES BY BUSINESSES
government regulation
duty to compensate
have to pay what you agreed
duty to cooperate
help agent and let them complete task
example of independent contractor
hire someone to build your fence, they have their own tools and do the fence how they see fit
The federal cabinet-level U.S. Department of Homeland Security (DHS) was created in 2002 when Congress enacted the _________________.
homeland security act
CIVIL LAW:
how TWO people can act
3 types of torts
intentional unintentional strict liability
caveat emptor
let the buyer beware- led to abusive practices by business that sold unsafe products this was the reason they made consumer protection laws
credit
loan (getting loan or borrowing money)
Your local zoning board holds inspections to enforce city zoning laws. The local zoning board is an example of a _______________.
local administrative agency
texas courts
look up pic and know flow
Employment discrimination against a person because of his or her heritage, cultural characteristics, or the country of the person's ancestors is called .
national origin discrimination
malicious persecution
no probable cause for 1st lawsuit actor sues another for getting a part
The legislative and executive branches of federal and state governments are empowered to establish administrative agencies to enforce and interpret statutes enacted by Congress and state legislatures. In addition to adopting rules and regulations, these agencies usually have the power to hear and decide disputes. Their decisions are called ________________ .
orders
The city of Mackinac Island, in Michigan, wants to preserve its 1800s Victorian houses and buildings, keep the island car-free, and require buildings to adhere to era-specific aesthetic standards. What kind of laws would Mackinac Island enact to preserve its unique character?
ordinances
Because it's the holiday season, you are required to pick up a few extra shifts at your retail job. You end up working 50 hours this week. Your employer now legally owes you .
overtime pay
If a person verbally makes an untrue statement of fact about another person to a third person, such an oral statement constitutes _________ .
slander
Your neighbor is suing the city over some misplaced trash bins. He's hoping to settle for $1,000. Which state court system would likely handle your neighbor's case?
small claims court
benefits include (1) retirement benefits, (2) survivors' benefits to family members of deceased workers, (3) disability benefits, and (4) medical and hospitalization benefits (Medicare).
social security
Which of the following is a federal statute that is designed to eliminate many abusive mortgage loan practices and mandates new duties and disclosure requirements on mortgage lenders and others?
the Mortgage Reform and Anti-Predatory Lending Act
A federal act enacted in 1970 that promotes safety in the workplace is called .
the Occupational Safety and Health Act
Which of the following is a rule that permits all credit-card companies with whom a cardholder has a credit card to raise the interest on their card if the cardholder is late in making a payment to any credit-card company?
the universal default rule
Roger works in an automobile factory in Detroit. One day, he injures his back lifting heavy parts on the job, and the doctors tell him he needs to be off work and rest for six months. In order to receive payment while he's off work, Roger must file a claim with which of the following?
the workers' compensation board
Which of the following is not one of the four elements that are required to find fraud?
the wrongdoer committed slander
An agency in which a contracting third party does not know of either the existence of the agency or the principal's identity is called a(n) .
undisclosed agency
When determining whether accommodations would impose , the EEOC and the courts consider factors such as the nature and cost of accommodation, the overall financial resources of the employer, and the employer's type of operation.
undue hardship
A distribution of profits of the corporation to shareholders is called .
A DIVIDEND
WRIT OF CERTIORARI:
AN OFFICIAL NOTICE THAT THE SUPREME COURT WILL REVIEW A CASE
occurs when (1) a certificate of limited partnership is not properly filed, (2) there are defects in a certificate that is filed, or (3) some other statutory requirement for the creation of a limited partnership is not met.
Defective formation
DECERTIFICATION ELECTION
EMPLOYEES MAY WISH TO DISSOLVE UNION
THE U.S. FORM OF GOVERNMENT IS
FEDERALISM
AFFIRMATIVE ACTION PLAN
JOB PREFERENCES GIVEN TO MINORITY GROUPS AND OTHER PROTECTED-CLASS APPLICANTS WHEN MAKING EMPLOYMENT DECISIONS • LEGAL, IF NARROWLY TAILORED TO ACHIEVE COMPELLING INTEREST in a way it is discrimination
negligence
MISSION TO DO SOMETHING WHICH A REASONABLE PERSON WOULD DO, OR DOING SOMETHING WHICH A PRUDENT AND REASONABLE PERSON WOULD NOT DO run stop sign
article 2 merchant
ONE WHO DEALS IN THE GOODS OF THE KIND INVOLVED IN THE TRANSACTION • BY HIS OR HER OCCUPATION HOLDS HIMSELF OR HERSELF OUT AS HAVING KNOWLEDGE OR SKILL PECULIAR TO THE GOODS INVOLVED IN THE TRANSACTION special UCC rules ex. electrical supply company is merchant for electrical goods
Oil is a natural resource that is highly valuable and can be used as leverage by companies and countries that produce and export large amounts of crude oil. In the 1960s, an organization was formed to ensure that oil companies could not unilaterally cut prices. The organization comprising many of the oil-producing and -exporting countries of the world is called _____________________________.
Organization of the Petroleum Exporting Countries (OPEC)
VICARIOUS LIABILITY
PRINCIPAL IS LIABLE FOR AN AGENT'S TORTIOUS CONDUCT BECAUSE OF THE EMPLOYMENT CONTRACT BETWEEN THE PRINCIPAL AND AGENT
SPECIALIZED COURTS
PROBATE COURTS, FAMILY LAW COURTS, ETC., depends on county size
OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)
PROHIBITS AGE DISCRIMINATION REGARDING EMPLOYEE BENEFITS
specific performance
REMEDY THAT ORDERS THE BREACHING PARTY TO PERFORM THE ACTS PROMISED IN THE CONTRACT very unique ex. Beyonce home
is an action taken by an employer against an employee for filing a charge of discrimination or participating in a discrimination proceeding against the employer (e.g., dismissal or demotion).
Retaliation
judicial decisions- (common law/case law)
STATE THE RATIONALE USED BY THE COURT IN REACHING THAT DECISION
______________ is a provision in the FTC Act that prohibits unfair and deceptive practices.
Section 5 of the FTC Act
REASONABLE PERSON STANDARD:
TEST USED TO DETERMINE WHETHER A DEFENDANT OWES A DUTY OF CARE reseal person stops at stopsign, spill would be cleaned up, if it happens super fast, not your fault
FREEDOM OF SPEECH
THE RIGHT TO ENGAGE IN ORAL, WRITTEN, AND SYMBOLIC SPEECH PROTECTED BY THE FIRST AMENDMENT protect from gov not protecting u from ur job if you speak your mind and talk shit
LLC LIABILITY
The LLC itself is liable for the torts of it's members/employees but members aren't liable for torts of the LLC or other members. All the "innocent" member would lose is his prior monetary investment in the LLC.
EXCLUSIVE REMEDY
WORKERS' COMPENSATION IS AN EXCLUSIVE REMEDY • WORKERS CANNOT SUE THEIR EMPLOYERS IN COURT FOR DAMAGES, EXCEPT WHEN EMPLOYER INTENTIONALLY INJURES AN EMPLOYEE • WORKERS CAN SUE THIRD PARTIES TO RECOVER DAMAGES • WORKERS' COMPENSATION ACTS DO NOT BAR INJURED WORKERS FROM SUING RESPONSIBLE THIRD PARTIES TO RECOVER DAMAGES
An action figure doll for the newest Marvel superhero is designed, manufactured, and sold to consumers, but it is discovered that the toys are defective because they contain lead paint, which can cause injury. The lead paint superhero doll is an example of which of the following defects?
a defect in design
Which of the following best defines a tortfeasor?
a person who intentionally or unintentionally (negligently) causes injury or death to another person
constitution - DOCTRINE OF SEPARATION OF POWERS
article I II & III set up for checks and balances
Johanna and Tom want to start a limited liability company in Michigan. They put together the articles of organization, and they file them with the secretary of state of Michigan. Johanna and Tom then buy a new home, so they need to change their address as the organizers in the articles of organization. In order to change their address, Johanna and Tom need to file which of the following?
articles of amendment
negligent infliction of emotional distress
emotional distress of a bystander (close relative)
__________ is/are a set of moral principles or values that governs the conduct of an individual or group.
ethics
strict liability example
fumigation, field burning held liable even if they do everything right
Lesbian, gay, bisexual, and transgender individuals may bring sex discrimination claims, such as when an employer takes an adverse action because of the person's nonconformance with sex stereotypes. This kind of discrimination is which of the following?
gender identity discrimination
The __________________ is the legislative body of the United Nations that is composed of all UN member nations.
general assembly
OUTSIDE CONTRACTORS WHO WORK FOR PRINCIPAL TO CONDUCT LIMITED ACTIVITIES
indépendant contractors
AGENT NEGLIGENTLY MAKES MISREPRESENTATION TO A THIRD PARTY
innocent misrepresentation
___________________ is the authority of an administrative agency to adjudicate cases in an administrative proceeding.
judicial authority
_______________ is a theory of social responsibility stating that a corporation's duty is to make a profit while avoiding causing harm to others.
moral minimum
does not affect legality of instrument or rights of parties
non recordation
PARTIES TO A CONTRACT - EVERY CONTRACT INVOLVES AT LEAST TWO PARTIES
offeror ' offerree
superfund sights
places with things wrong with them can look at map and see the sights
A doctor accidently leaves a medical instrument in a patient after an operation. That doctor is likely liable for which of the following?
professional malpractice
An action to undo a contract that is available where there has been a material breach of contract, fraud, duress, undue influence, or mistake is called .
rescission
In an operation, a doctor inserts an electronic pacemaker to help a patient's heart pump blood regularly. If the pacemaker is defective and fails, causing injury to the patient, the doctor would not be liable. However, the manufacturer and seller of the defective pacemaker would liable. The manufacturer is liable for which of the following?
strict liability
Which of the following is a rule that permits employees and union officials to engage in union solicitation on company property if the employees are beyond reach of reasonable union efforts to communicate with them?
the inaccessibility exception
A cattle rancher contracts to purchase 1,000 bushels of "corn" from a farmer. The farmer delivers feed corn to the rancher. The rancher rejects this corn and demands delivery of corn that is fit for human consumption. If the parties did not have any prior course of performance or course of dealing that would indicate otherwise, would be used to interpret the word "corn."
usage of trade
PICKETING IS LAWFUL UNLESS
• ACCOMPANIED BY VIOLENCE • OBSTRUCTS CUSTOMERS FROM ENTERING EMPLOYER'S PLACE OF BUSINESS • PREVENTS ENTRY OF NONSTRIKING EMPLOYEES • PREVENTS PICKUPS AND DELIVERIES AT AN EMPLOYER'S PLACE OF BUSINESS
ILLEGAL STRIKES
• VIOLENT STRIKES • SIT-DOWN STRIKES • PARTIAL OR INTERMITTENT STRIKES (one day but not next) • WILDCAT STRIKES
establishes that the U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
the Supremacy Clause
All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers may be sued and assessed liability because they are part of which of the following?
the chain of distribution
You and your classmates are discussing your philosophies about how the law developed. One of your classmates refers to the fact that during World War II and the Vietnam War, the federal government enacted draft laws that required men of a certain age to serve in the military if they met certain requirements. To which school of legal philosophy does your classmate most likely belong?
the command school
The courts have the power to interpret and determine the validity of the law. What is this branch of the federal government called?
the judicial branch
I am one branch of the federal government, and I was established by Article I of the U.S. Constitution. I am the branch responsible for making federal law. I am bicameral, which means that I include the U.S. Senate and the U.S. House of Representatives (together, Congress). My U.S. Congress enacts federal statutes. Which branch of the federal government am I?
the legislative branch
convention
treaty sponsored by an international organization
Ella has just been hired at the new solar power plant. She learns that she must join the union within 45 days after being hired. Ella's employer would be considered which of the following?
union shop
Charlie is a general partner of a limited partnership. As a part of his duties, Charlie is responsible for the debts and obligations of the limited partnership. This also extends to debts that cannot be satisfied with the existing capital of the limited partnership. Charlie has which of the following?
unlimited liability
CREDIT THAT DOES NOT REQUIRE ANY SECURITY TO PROTECT PAYMENT OF THE DEBT (NAME ONLY)
unsecured credit (no collateral)
ALLOWS ONE PERSON TO ACT ON BEHALF OF ANOTHER
use of agents
OCCURS WHEN AN EMPLOYEE HAS A NONFORFEITABLE RIGHT TO RECEIVE PENSION BENEFITS
vesting
DEFENDANT: has to answer the petition in how many days
within 20 days
duty to indemnidy
within the scope, take responsibility bc they worked for you
Compensation paid to workers and their families when workers are injured in connection with their jobs is called .
workers compensation
The _____________________ is an international organization of 160 member nations created to promote and enforce trade agreements among member countries and customs territories.
world trade organization (WTO)
EQUITABLE RELIEF
• A DOCTRINE THAT PERMITS JUDGES TO MAKE DECISIONS BASED ON FAIRNESS, EQUALITY, MORAL RIGHTS, AND NATURAL LAW • THERE IS NO RIGHT TO A JURY TRIAL IN AN EQUITABLE ACTION • SOMETIMES APPLIED IN CONTRACT CASES haven't finalized but relied on promise specific performance : Beyonce house
CONTRACT LIABILITY TO THIRD PARTIES
• AGENCY LAW IMPOSES CONTRACT LIABILITY ON PRINCIPALS AND AGENTS • PRINCIPAL WHO AUTHORIZES AGENT TO ENTER INTO A CONTRACT WITH THIRD PARTY IS LIABLE ON THE CONTRACT • THIRD PARTY CAN ENFORCE AND RECOVER DAMAGES FROM PRINCIPAL principal is bound by the contract
The Limited Liability Company (LLC)
• An LLC is a hybrid entity that combines the limited liability of a corporation and the tax advantages of a partnership. Separate legal entity from owners. Can hold property separately. • LLC's are creatures of state law. • Owners are called "members" (not shareholders) and their ownership is called an "interest" (not shares). • File a Certificate of Formation with Secretary of State • Operating Agreement/Company Agreement
REMEDIES FOR VIOLATIONS OF TITLE VII • SUCCESSFUL PLAINTIFF CAN RECOVER:
• BACK PAY AND REASONABLE ATTORNEYS' FEES • EQUITABLE RELIEF, INCLUDING REINSTATEMENT AND SENIORITY • PUNITIVE DAMAGES FOR INTENTIONAL DISCRIMINATION
ENVIRONMENTAL PROTECTION AGENCY EPA
• CREATED BY CONGRESS TO COORDINATE THE IMPLEMENTATION AND ENFORCEMENT OF FEDERAL ENVIRONMENTAL PROTECTION LAWS
COMPLAINT PROCESS
• EMPLOYEE CANNOT IMMEDIATELY FILE A LAWSUIT AGAINST THE EMPLOYER • MUST FIRST FILE A COMPLAINT WITH THE EEOC • IF THE EEOC FINDS A VIOLATION AND CHOOSES NOT TO BRING SUIT OR DOES NOT FIND A VIOLATION • WILL ISSUE A RIGHT TO SUE LETTER TO THE COMPLAINANT most times eeoc files the lawsuit for you but sometimes just gives right to sue letter
ADMINISTRATIVE LAW JUDGE (ALJ)
• EMPLOYEE OF AN ADMINISTRATIVE AGENCY WHO: • PRESIDES OVER AN ADMINISTRATIVE PROCEEDING • DECIDES QUESTIONS OF LAW AND FACT CONCERNING CASES
UNION SOLICITATION ON COMPANY PROPERTY
• EMPLOYER MAY RESTRICT SOLICITATION ACTIVITIES BY EMPLOYEES TO NONWORKING AREAS DURING EMPLOYEES' FREE TIME • NONEMPLOYEES MAY BE PROHIBITED FROM SOLICITING ON BEHALF OF THE UNION ANYWHERE ON COMPANY PROPERTY
US SUPREME COURT • HEARS APPEALS FROM:
• FEDERAL CIRCUIT COURTS OF APPEALS • FEDERAL DISTRICT COURTS • SPECIAL FEDERAL COURTS • HIGHEST STATE COURTS
The process of incorporation
• File a Certificate of Formation with Secretary of State (Articles of Incorporation) • By‐Laws (rulebook) • Organizational Meeting (initial board of directors first meeting) • Corporate Minutes (annual meeting w records)
FREEDOM OF INFORMATION ACT
• GIVES THE PUBLIC ACCESS TO DOCUMENTS IN THE POSSESSION OF FEDERAL ADMINISTRATIVE AGENCIES transparency
CRITICAL LEGAL THINKING
• IMPORTANT IN SOLVING LEGAL DISPUTES • CONSISTS OF INVESTIGATING, ANALYZING, EVALUATING, AND INTERPRETING INFORMATION TO SOLVE SIMPLE OR COMPLEX LEGAL ISSUES OR CASES • REQUIRES INTELLECTUALLY DISCIPLINED THINKING
anticipatory breach
• PARTY INDICATES THAT HE OR SHE WILL NOT PERFORM DUTIES • NONBREACHING PARTY IS IMMEDIATELY DISCHARGED • NONBREACHING PARTY MAY SUE IMMEDIATELY do it to reduce the damages repudiation
EQUAL OPPORTUNITY IN EMPLOYMENT (CONT.) • INVESTIGATES CHARGES OF DISCRIMINATION BASED ON:
• RACE • COLOR • NATIONAL ORIGIN • GENDER • RELIGION • AGE • DISABILITY • GENETIC INFORMATION
CIVIL RIGHTS ACT OF 1964
• STATUTES THAT OUTLAWED EMPLOYMENT DISCRIMINATION AGAINST CERTAIN CLASSES • PROVIDING EQUAL OPPORTUNITY IN EMPLOYMENTpassed in the commerce clause
HOW TO RECEIVE WORKERS COMPENSATION
• WORKERS FILE A CLAIM WITH THE AGENCY • AGENCY DETERMINES LEGITIMACY OF CLAIM • COMPENSATION BENEFITS ARE PAID ACCORDINGLY
CONSENT ELECTION
•NOT CONSENTED BY THE EMPLOYER
GENERAL-JURISDICTION TRIAL COURTS
(TEXAS- COUNTY COURT AT LAW AND DISTRICT COURT) • RECORDS AND STORES TESTIMONY AND EVIDENCE IN TRIALS • DECISIONS ARE APPEALABLE TO AN INTERMEDIATE APPELLATE COURT OR THE STATE SUPREME COURT these are the courts that you imagine from like tv shows
NATIONAL LABOR RELATIONS ACT (NLRA)
1935 RIGHT TO FORM AND JOIN LABOR UNIONS
refers to a manifestation of assent by the offeree to the terms of the offer in a manner invited or required by the offer as measured by the objective theory of contracts.
ACCEPTANCE
An offer is made by an offeror to enter a contract, and that offer is accepted by the offeree. There is mutual assent by both parties. To which element of an enforceable contract does the scenario refer?
AGREEMENT
H-1B VISA
ALLOWS U.S. EMPLOYERS TO EMPLOY IN THE UNITED STATES, FOREIGN NATIONALS WHO ARE SKILLED IN SPECIALTY OCCUPATIONS
INTERMEDIATE SCRUTINY TEST:
APPLIED TO CLASSIFICATIONS BASED ON PROTECTED CLASSES (GENDER)
Leases of automobiles, leases of aircraft, and other leases involving goods are subject to which one of the following sources of contract law?
Article 2A of the Uniform Commercial Code
GOVERNANCE OF THE UNITED NATIONS • SECURITY COUNCIL:
COMPOSED OF 15 MEMBER NATIONS • FIVE PERMANENT MEMBERS (USA is one) • TEN MEMBERS ARE CHOSEN BY THE MEMBERS OF GENERAL ASSEMBLY, RESPONSIBLE FOR MAINTAINING INTERNATIONAL PEACE AND SECURITY
JUDICIAL PROCEDURE • CHOICE OF FORUM CLAUSE (FORUM-SELECTION CLAUSE):
DESIGNATES WHICH NATION'S COURT HAS JURISDICTION TO HEAR A CASE ARISING OUT OF THE CONTRACT
ENVIRONMENTAL IMPACT STATEMENT EIS
DOCUMENT REQUIRED TO BE PREPARED FOR ANY PROPOSED LEGISLATION OR MAJOR FEDERAL ACTION THAT AFFECTS THE QUALITY OF THE HUMAN ENVIRONMENT
NEGLIGENCE FOUR-STEP ANALYSIS:
DUTY: DEFENDANT OWED PLAINTIFF A DUTY OF CARE; BREACH: DEFENDANT BREACHED THAT DUTY; CAUSATION: DEFENDANT'S BREACH CAUSED THE INJURY; ACTUAL CAUSE AND PROXIMATE CAUSE DAMAGES: PLAINTIFF SUFFERED LEGAL INJURY.
AGENCY SHOP
Employer may hire anyone whether he/she belongs to a union or not, but the employee must pay an agency fee to the union if they do not join
The ____________________ is a federal administrative agency created by Congress to coordinate the implementation and enforcement of the federal environmental protection laws.
Environmental Protection Agency (EPA)
COURTS OF CHANCERY (EQUITY COURTS)
FORMED TO SURPASS LIMITED REMEDIES OF LAW COURTS EQUITABLE REMEDIES SHAPED TO FIT EACH SITUATION when the monetary reward is not enough, can force people to honor their contract ex. beyonces house
PERMITS EMPLOYEES TO ENGAGE IN UNION SOLICITATION ON COMPANY PROPERTY, IF THEY ARE BEYOND REACH OF THE UNION
INACCESSIBILITY EXCEPTION
LENDER WHO IS UNSURE WHETHER A DEBTOR WILL HAVE SUFFICIENT INCOME OR ASSETS TO REPAY A LOAN MAY
REQUIRE ANOTHER PERSON TO GUARANTEE PAYMENT owner may have to personally owe or take collateral
ADMINISTRATIVE SEARCHES
SUBJECT TO THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION have to stay within the constitution
Which of the following gives employees the right to form, join, and assist labor unions; to bargain collectively with employers; and to engage in concerted activity to promote these rights?
Section 7 of the NLRA
The employees of a robot manufacturing plant want to form a union. The president of the plant is angry, and he tells the head of the bargaining unit that he will take away the employees' benefits if they form a union. He also says, "I'll close this plant if a union comes in here." The president of the plant has violated which of the following?
Section 8(a) of the NLRA
COMPENSATORY DAMAGES
TO PLACE THE NONBREACHING PARTY IN THE POSITION IT WOULD HAVE HAD IF CONTRACT HAD BEEN FULLY PERFORMED (RESTORE BENEFIT OF THE BARGAIN) puts party in the place it would have been if never breached
A contracting party's failure to perform an absolute duty owed under a contract is called .
a breach of contract
A duty that requires partners to adhere to the provisions of the partnership agreement and the decisions of the partnership is which of the following?
a duty of obedience
Scott is a corporate officer at Bluegold Corporation. Their articles of incorporation authorize the corporation to invest in real estate only. However, Scott invests some corporate funds in the commodities markets. Scott is then liable to Bluegold Corporation for any losses suffered because he violated which of the following director's and officer's duties?
a duty of obedience
The __________________ is a federal statute that establishes procedures to be followed by federal administrative agencies while conducting their affairs.
administrative procedure act
Which of the following best defines an at-will LLC?
an LLC that has no specified term of duration
A situation where the parties to an agency contract terminate their contract by mutual agreement or when a previously agreed on event occurs is called termination of an agency by .
an act of the parties
For which type of contract is no special form or method required for their creation, and thus, the parties to this contract can use any words they choose to express their contract?
an informal contract
LENDER IN A CREDIT TRANSACTION
creditor
After a witness has been sworn in, the plaintiff's attorney questions the witness. Documents and other evidence can be introduced through each witness. What step of the trial process does this scenario describe?
direct examination
REGULATION BY STATE SHOULD NOT UNDULY BURDEN INTERSTATE COMMERCE
dormant commerce clause would make it unconstitutional ex. tx passing a law saying that out of states pecans had to be inspected by hand ... not okay
You are the owner of a small business called Top n' Shop. As a business owner, you believe that it is best to look to outside sources for ethical rules or commands and solve your ethical conundrums by looking to the Bible for rules and commands to follow. Your ethical philosophy is best described as _______________.
ethical fundamentalism
Drugz4Cheap manufactures prescription medications. Drugz4Cheap produces a prescription medicine but fails to warn about its known side effects. Their customers have started to suffer from the side effects. The Drugz4Cheap customers can sue and recover damages based on which of the following?
failure to warm
QUALITIES OF THE LAW
fairness flexibility
Each day, your local community disposes of hundreds of pounds of garbage. Once per week, the garbage is collected by garbage collectors and transferred to an energy resource recovery facility, where municipal solid waste is processed and converted into energy. The garbage collected from your community is an example of _________________.
hazardous waste
Under the UPA, general partners have liability for the contracts and debts of the partnership, which means that a third party who sues to recover on a partnership contract or debt must name all the general partners in the lawsuit.
joint
A limited partnership is a limited partnership whose limited partnership interests are traded on organized securities exchanges such as the New York Stock Exchange.
master
terms of a contract are
private law
POWERS NOT DELEGATED TO THE FEDERAL GOVERNMENT BY THE CONSTITUTION AND RESERVED FOR THE STATE GOVERNMENTS
reserved powers
what is OSHA
safety of employees in the work place ~ general gov regulation
NEGLIGENCE PER SE
special negligence VIOLATION OF A STATUTE OR AN ORDINANCE CONSTITUTES THE DUTY OF CARE AND BREACH OF THE DUTY OF CARE drinking and driving, homeowner doesn't repair sidewalk
IN REM JURISDICTION:
JURISDICTION TO HEAR A CASE BECAUSE OF JURISDICTION OVER THE PROPERTY OF THE LAWSUIT Realestate over condo in TX so you can sue in TX
_______________ is a moral theory stating that people owe moral duties that are based on universal rules, such as the categorical imperative, "Do unto others as you would have them do unto you."
Kantian ethics (duty ethics)
TITLE I OF THE LANDRUM-GRIFFIN ACT:
LABOR'S BILL OF RIGHTS, WHICH GIVES EACH UNION MEMBER EQUAL RIGHTS AND PRIVILEGES TO NOMINATE CANDIDATES FOR UNION OFFICE, VOTE IN ELECTIONS, AND PARTICIPATE IN MEMBERSHIP MEETINGS have elections prevents interfering
agency law , it is a mixture of what
LARGE BODY OF COMMON LAW THAT GOVERNS AGENCY • MIXTURE OF CONTRACT LAW AND TORT LAW
SUBSTANTIVE ADMINISTRATIVE LAW:
LAW ENFORCED BY ADMINISTRATIVE AGENCY epa
writing and form
LAW REQUIRES THAT CERTAIN CONTRACTS BE IN WRITING OR CERTAIN FORM life changing prenup , in writing (being more common)
SECTION 8(A) OF THE NLRA:
LAW THAT MAKES IT AN UNFAIR LABOR PRACTICE FOR AN EMPLOYER TO INTERFERE WITH, COERCE, OR RESTRAIN EMPLOYEES FROM EXERCISING THEIR STATUTORY RIGHT TO FORM AND JOIN UNIONS employer
VENUE
LAWSUITS MUST BE HEARD BY THE COURT IN THE NEARBY JURISDICTION IN WHICH THE INCIDENT OCCURRED OR WHERE THE PARTIES RESIDE • CHANGE OF VENUE - TO AVOID PREJUDICED JURORS BASED ON PRETRIAL PUBLICITY location for the trial
GOVERNANCE OF THE UNITED NATIONS • GENERAL ASSEMBLY:
LEGISLATIVE BODY THAT IS COMPOSED OF ALL UN MEMBER NATIONS • ADOPTS RESOLUTIONS CONCERNING HUMAN RIGHTS, TRADE, FINANCE, AND ECONOMICS
product liability
LIABILITY OF MANUFACTURERS, SELLERS, AND OTHERS FOR INJURIES CAUSED BY DEFECTIVE PRODUCTS recall notice
LABOR MANAGEMENT RELATIONS ACT
1947 EXPANDED UNIONS ACTIVITIES, PRESIDENTIAL INJUNCTION FOR NATIONAL EMERGENCY
LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT
1959 REGULATES INTERNAL UNION AFFAIRS AND RIGHTS OF MEMBERS
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
AUTHORIZES THE EPA TO REGULATE FACILITIES THAT GENERATE, TREAT, STORE, TRANSPORT, AND DISPOSE HAZARDOUS WASTES old gas tanks in ground from gas stations, required to dig up the old tanks
hazardous wastes
CAUSE OR CONTRIBUTE TO AN INCREASE IN MORTALITY OR SERIOUS ILLNESS, OR POSE A HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT IF IMPROPERLY MANAGED superfund sites in texas
GENERALLY KNOWN DANGERS
CERTAIN PRODUCTS ARE INHERENTLY DANGEROUS AND ARE KNOWN TO THE GENERAL POPULATION TO BE SO knife and gun are obviously dangerous
valid contract
CONTRACT THAT MEETS ALL OF THE ESSENTIAL ELEMENTS TO ESTABLISH A CONTRACT
WORK-RELATED TEST
DETERMINES WHETHER AN AGENT COMMITTED AN INTENTIONAL TORT WITHIN A WORK-RELATED TIME OR SPACE
REASONABLE ACCOMMODATION FOR RELIGION:
EMPLOYER HAS TO REASONABLY ACCOMMODATE RELIGIOUS OBSERVANCES, PRACTICES, AND BELIEFS OF EMPLOYEES • PERMITS RELIGIOUS ORGANIZATIONS TO EMPLOY INDIVIDUALS OF A PARTICULAR RELIGION not- allowing u to wear religious clothes If it puts u in danger at factory
REASONABLE ACCOMMODATION FOR DISABILITY:
EMPLOYER IS OBLIGED TO REASONABLY ACCOMMODATE AN INDIVIDUAL'S DISABILITY, IF IT DOES NOT CAUSE UNDUE HARDSHIP ON EMPLOYER move office downstairs if no elevator
reformation
EQUITABLE DOCTRINE PERMITTING THE COURT TO REWRITE A CONTRACT TO EXPRESS THE PARTIES' TRUE INTENTIONS allows for ongoing relationships
REGULATIONS AND ORDERS OF ADMINISTRATIVE AGENCIES
ESTABLISHED BY LEGISLATIVE AND EXECUTIVE BRANCHES OF FEDERAL AND STATE GOVERNMENTS • ADOPT RULES AND REGULATIONS TO INTERPRET STATUTES • HEAR AND DECIDE DISPUTES
STATUTE OF LIMITATIONS:
ESTABLISHES THE PERIOD DURING WHICH A PLAINTIFF MUST BRING A LAWSUIT AGAINST A DEFENDANT
Spain is a member of an important regional organization in Europe that works to promote peace and security as well as economic, social, and cultural development. The organization that Spain is a member of creates open borders for trade among its member nations and has eliminated customs tariffs among member nations. Spain is a member of the ____________________.
European Union (EU)
The __________________ is a commission that is independent of its member nations that has been delegated substantial powers, including authority to enact legislation and to take enforcement actions to ensure member nations' compliance with the European Union treaty.
European Union Commission
WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT (WARN ACT) (PLANT CLOSING ACT):
FEDERAL ACT THAT REQUIRES EMPLOYERS WITH 100 OR MORE EMPLOYEES TO GIVE THEIR EMPLOYEES 60 DAYS' NOTICE BEFORE ENGAGING IN CERTAIN PLANT CLOSINGS OR LAYOFFS states have their own version
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FEDERAL ADMINISTRATIVE AGENCY RESPONSIBLE FOR ENFORCING MOST FEDERAL ANTIDISCRIMINATION LAWS state agencies also, Texas workforce admin
NATIONAL LABOR RELATIONS BOARD (NLRB)
FEDERAL ADMINISTRATIVE AGENCY THAT OVERSEES UNION ELECTIONS, PREVENTS EMPLOYERS AND UNIONS FROM ENGAGING IN ILLEGAL AND UNFAIR LABOR PRACTICES, AND ENFORCES AND INTERPRETS CERTAIN FEDERAL LABOR LAWS
U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS):
FEDERAL AGENCY EMPOWERED TO ENFORCE U.S. IMMIGRATION LAWS
ADMINISTRATIVE PROCEDURE ACT (APA):
FEDERAL STATUTE THAT ESTABLISHES PROCEDURES TO BE FOLLOWED BY FEDERAL ADMINISTRATIVE AGENCIES if you break the rules
PREGNANCY DISCRIMINATION ACT
FORBIDS DISCRIMINATION DUE TO PREGNANCY, CHILDBIRTH, OR RELATED MEDICAL CONDITIONS
AMERICAN FEDERATION OF LABOR (AFL)
FORMED IN 1886 UNDER THE LEADERSHIP OF SAMUEL GOMPERS designed for people with skill
WATER POLLUTION
POLLUTION OF LAKES, RIVERS, OCEANS, AND OTHER BODIES OF WATER covered by the clean water act
is a document filed by the original plaintiff to answer the defendant's cross-complaint.
a reply
PARTY WHO AGREES TO ACT ON BEHALF OF ANOTHER
agent (employee)
four elements of a contract
agreement legal subject consideration capacity
5th amendment
apply due process to FEDERAL GOVERNMENT ACTION
You purchased a used car for $6,000, and paid in cash. Your purchase is a sale of a good subject to which of the following?
article 2 of the UCC
The _______________________ is a clause in an international contract that designates which nation's court has jurisdiction to hear a case arising out of the contract.
choice of forum clause (forum-selection clause)
a _____ is a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract.
choice-of-law clause
The _______________ is a federal statute that provides comprehensive regulation of air quality in the United States.
clean air act
stock is a type of equity security that represents the residual value of a corporation.
common
Credit that is extended to natural persons for personal, family, or household purposes is called .
consumer credit
While browsing the Internet, you come across a notice from the Consumer Product Safety Commission (CPSC) that announces the recall of a candle warmer product you have in your home because the product poses fire and burn hazards to customers. The CPSC is authorized to require the manufacturer to recall the candle warmers under the _________________.
consumer product safety act
Each person has an obligation to drive his or her car carefully, not to push or shove on escalators, and so on. Businesses have an obligation to make safe products, not to cause accidents, and so on. These obligations are examples of which of the following?
duty of care
the more rules, the more likely they are an
employee
IS SUBJECT TO THE COMMON LAW(contract law) OF CONTRACTS AND AGENCY LAW
employee relationship
most common part of agency
employees
A doctrine that permits judges to make decisions based on fairness, equality, moral rights, and natural law is called the doctrine of .
equity
_______________ is a theory of ethics that says a person looks to an outside source for ethical rules or commands.
ethical fundamentalism
A father goes to a retailer and buys his 8-year-old daughter, Aria, a trampoline that has been manufactured by FunCorp. The trampoline comes in a box with many parts that need to be assembled. The instructions for assembly are vague and hard to follow. Aria's father puts together the trampoline using these instructions. The first time Aria uses the trampoline, a screw becomes loose, the trampoline collapses, and Aria is injured. In this case, Aria's father could sue FunCorp and the retailer on behalf of Aria for which of the following?
failure to provide adequate instructions
what is FCC
federal communication commission
• MAJOR COURT SYSTEMS IN THE UNITED STATES
federal court system state court system
occurs when a seller or lessor either (1) affirmatively misrepresents the quality of a product or (2) conceals a defect in it.
fraud
implied
implied from the conduct of the parties, custom and usage of trader, or act incidental to carrying out the agents duties principal and third party are bound to the contract ex. you tell them to go to ___ and so they buy plane ticket
A corporation and a holder are signing an agreement to confirm the terms of a debt security. The holder reviews the contract carefully to make sure it contains the maturity date of the debt security, the required interest payment, the collateral (if any), rights to conversion into common or preferred stock, call provisions, any restrictions on the corporation's right to incur other indebtedness, and the rights of holders on default. This contract is called a(n) .
indenture agreement
A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress is which of the following?
intentional infliction of emotional distress
AGENT MAKES STATEMENTS THAT HE OR SHE KNOWS ARE UNTRUE
intentional misrepresentation
The intentional defrauding of a person out of money, property, or something else of value is called .
intentional misrepresentation
A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries is called ___________.
intentional tort
slander
intentional torts oral defamation (conversation)
DOCTRINE OF TRANSFERRED INTENT
intentional torts • APPLIES WHEN A PERSON ACTS WITH THE INTENT TO INJURE ONE PERSON BUT ACTUALLY INJURES ANOTHER • LAW TRANSFERS PERPETRATOR'S INTENT FROM TARGET TO ACTUAL VICTIM • VICTIM CAN SUE THE PERPETRATOR poor aim and it hits someone else, can still be intent
disparagement
intentional torts FALSE STATEMENTS MADE ABOUT A COMPETITOR'S PRODUCTS, SERVICES, PROPERTY, OR BUSINESS REPUTATION business world
The four steps of the IRAC method are:
issue, rule, application, and conclusion.
Frank, Leslie, and Chandler form a general partnership. Frank, while on partnership business, causes a motorcycle accident that injures Jean, a pedestrian. Jean suffers $50,000 in injuries. Jean, at his option, can sue Frank, Leslie, or Chandler separately, or any two of them, or all of them due to which of the following?
joint and several liability
After Coca-Cola advertised a pomegranate blueberry juice with 0.3% pomegranate and 0.2% blueberry juice, POM Wonderful (a grower of pomegranates and a maker and distributor of pomegranate juice and juice blends) sued Coca-Cola under Section 43 of the federal Lanham Act, which allows one competitor to sue another to recover damages for unfair competition arising from false and misleading product descriptions. The U.S. Supreme Court held that POM Wonderful may proceed with its Lanham Act unfair competition lawsuit against Coca-Cola. Once the case is decided, the court will issue a ______________.
judicial decision
You're observing a criminal trial for an unintentional automobile accident case. The judge reads the jury the legal definition of negligence. What does this scenario describe?
jury instructions (or charges)
enron
lost ethical principles and fell bc of cooking books and wrong accounting as well ARTHUR ANDERSON • FEES - ARTHUR ANDERSON - OVER $50 MILLION AUDIT AND CONSULTING FEES • ARE YOU GOING TO CALL OUT THIS CLIENT? QUESTION THIS ISSUE? (cant delay bc will hurt stock, if you say numbers aren't good it would kill company as well if called into question you loose the client, employees fires, and other companies may no longer higher you, and you can loose your job this is why it is important to think about all circumstances
AREAS OF THE LAW THAT MAY AFFECT BUSINESS DECISION MAKING
many thing: contract sales, negotiable instruments, creditor rights, intellectual property, e-commerce, product liability, torts, agency, business organizations, prof. liability, courts, court liability
A couple has decided to end their marriage. They meet with a neutral third party, who acts as an intermediary between them to assist in resolving the issues involved in the divorce, including property settlement, payment of alimony and child support, custody of children, and visitation rights. This third party does not make a decision or an award. What kind of alternative dispute resolution does the scenario describe?
mediation
A sporting goods dealer is considered a for the goods sold in her store because she is a person who deals in the goods of the kind involved in the store's sales transactions and because, by her occupation, she holds herself out as having knowledge or skill peculiar to the goods involved in the transactions.
merchant
merchant courts
merchants developed certain rules "law merchants" and were based on common trade practices and usage
minors and contracts
minors can contract but also legally resend if they sign w o an adult if they sign with an adult that adult is liable also can't make contract if temporarily impaired aka drunk
It's the year 2030, and Ryan Gosling is still a famous movie star. McDonald's, which is struggling to retain customers, decides to use a photo of him with the words "Hey Girl" and a picture of a Big Mac hamburger on a billboard. McDonald's does not ask Ryan Gosling for permission to use his image. If Ryan Gosling decides to sue and recovers the profits made by McDonald's, which of the following torts applies to his situation?
misappropriation of the right to publicity
You are the owner of an oil company that was responsible for an oil tanker crossing the ocean toward the Gulf of Mexico. The ship ran aground and spilled 90 million gallons of oil, causing damage to at least 40 miles of the coastline. Your company financed the spill cleanup efforts and compensated those who were injured by the oil spill. Under the theory of ___________, your company has met its duty of social responsibility.
moral minimum
multilateral treaty
more than 2 nations
ARRANGEMENT WHERE AN OWNER OF REAL PROPERTY BORROWS MONEY FROM A LENDER AND PLEDGES THE REAL PROPERTY AS COLLATERAL TO SECURE THE REPAYMENT OF THE LOAN
mortgage the real property is uses as collateral
OWNER-DEBTOR IN A MORTGAGE RELATIONSHIP
mortgagor
pretrial motions
motion a party can make to try and dispose of all/part of a lawsuit prior to trial
A _____________________ is a treaty involving more than two nations.
multilateral treaty
The doctrine of rests on the principle that, if someone (i.e., the principal) expects to derive certain benefits from acting through others (i.e., an agent), that person should also bear the liability for injuries caused to third persons by the negligent conduct of an agent who is acting within his or her scope of employment.
negligence
CAUSATION IN FACT (ACTUAL CAUSE)
negligence A PERSON WHO COMMITS A NEGLIGENT ACT IS NOT LIABLE UNLESS ACTUAL CAUSE CAN BE PROVEN "but for" test person drinking polluted water has heart attack, not related so not liable
DUTY OF CARE:
negligence OBLIGATION PEOPLE OWE EACH OTHER NOT TO CAUSE ANY UNREASONABLE HARM OR RISK OF HARM
Jurisprudence
philosophy or science of law
unions:
polarizing topic depicted as being apart if a mob organized labor force
A power stated in a mortgage or deed that permits foreclosure without court proceedings and sale of the property through an auction is called .
power of sale
POWER STATED IN A MORTGAGE OR DEED THAT PERMITS FORECLOSURE WITHOUT COURT PROCEEDINGS AND SALE OF THE PROPERTY THROUGH AN AUCTION
power of sale
Substantive rule making
power of the administrative agency Issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere create statutes
The liability of manufacturers, sellers, and others for the injuries caused by defective products is called _______ .
product liability
Intent of the law?
protect people and property from unwanted interaction
A ___________ is a lawsuit that is brought under the federal False Claims Act—also known as the Whistleblower Statute—which permits private parties to sue companies for fraud on behalf of the government and share in any monetary recovery.
qui tam lawsuit
Which of the following is gender discrimination in employment that occurs where sexual favors are requested in order to obtain a job or be promoted?
quid pro quo sex discrimination
The ___________________ is a federal statute that authorizes the EPA to establish national primary drinking water standards.
safe drinking water act
Union members go on strike against their employer, a bicycle manufacturer. The union members picket retail stores that sell the manufacturer's bicycles. They carry signs announcing their strike and request that consumers not buy the bicycles manufactured by their employer. This is an example of which of the following?
secondary boycott picketing
_______________ is a section of the Sarbanes-Oxley Act that requires a public company to disclose whether it has adopted a code of ethics for senior financial officers.
section 406
CREDIT THAT REQUIRES SECURITY THAT SECURES PAYMENT OF THE LOAN
secured credit
Owners of a corporation who elect the board of directors and vote on fundamental changes in the corporation are called .
shareholders
two critical legal thinking methods:
socratic method Irac method
Goods that buyers and lessees order that are to be manufactured to the buyer's or lessee's unique specifications are called .
specially manufactured goods
Ron's friend Harry is injured in a broomstick accident caused by Luna. Harry refuses to sue. Ron cannot sue Luna on Harry's behalf because he does not have an interest in the result of the case. This scenario demonstrates the requirement that, to bring a lawsuit, a plaintiff must have _________
standing to sue
A(n) ________________ is a statement issued by an administrative agency that announces a proposed course of action that the agency intends to follow in the future.
statement of policy
You are the owner of a large manufacturing plant that is responsible for a high volume of emissions that affect the air quality in the area around your plant. Your plant is an example of a _____________________.
stationary source of air pollution
ADMINISTRATIVE PROCEDURE • ADMINISTRATIVE LAW - COMBINATION OF:
substantive and procedural
texas calls our INTERMEDIATE APPELLATE COURTS what? and how many
texas court of appeals - 14 our appeal court is in Waco looks to see if the evidence is okay, question of law
Both Leslie and Ron meet the educational requirements for a particular entry-level job. They are both hired as staff accountants by a company to perform exactly the same duties at their job. The company pays Ron a salary that is 15 percent higher than Leslie's salary. This action is a violation of which of the following?
the Equal Pay Act
Earl has worked as a general partner at Management Ltd, a limited corporation, for 50 years. Earl decides that he would like to retire and spend more time with his husband and children. Earl's retirement is considered a withdrawal, which results in .
the dissolution of a limited partnership
Nikhil and Rohan are two shareholders in a corporation. They enter into an agreement whereby they both agree that, if they are to sell their shares, the selling shareholder must offer to sell his shares to the other party to the agreement before selling them to anyone else. What is Nikhil and Rohan's agreement called?
the right of first refusal
The Fourth Amendment to the U.S. Constitution protects persons (including businesses) from ____________________.
unreasonable search and seizures
invasion of the right to privacy
unwarranted and undesired publicity of a private fact. doesn't have to be untrue ex. unwanted pics , phone tapping, reading mail
A contract that has no legal effect is called a(n) contract.
void
A contract in which one or both parties have the option to void theircontractual obligations is called a(n) contract.
voidable
LONG-ARM STATUTE
• ALLOWS STATE COURTS TO OBTAIN PERSONAL JURISDICTION OVER PERSONS OR BUSINESSES LOCATED IN ANOTHER STATE OR COUNTRY • EXTENDS STATE'S JURISDICTION TO NONRESIDENTS NOT SERVED A SUMMONS WITHIN THE STATE • DEFENDANT MUST HAVE SOME MINIMUM CONTACT (employees sent to TX so you can sue in Tx) WITH THE STATE
FREEDOM OF INFORMATION ACT documents can be exempt if
• ARE CLASSIFIED BY THE PRESIDENT IN THE INTERESTS OF NATIONAL SECURITY • ARE STATUTORILY PROHIBITED FROM DISCLOSURE • INTERFERE WITH LAW ENFORCEMENT PROCEEDINGS • ARE MEDICAL, PERSONNEL, AND SIMILAR FILES • CONTAIN TRADE SECRETS, CONFIDENTIAL OR PRIVILEGED INFORMATION
SAFE DRINKING WATER ACT
• AUTHORIZES THE EPA TO ESTABLISH NATIONAL PRIMARY DRINKING WATER STANDARDS(how much of a certain chemical is allowed) • PROHIBITS THE DUMPING OF WASTES INTO WELLS USED FOR DRINKING WATER • STATES ARE RESPONSIBLE FOR ENFORCING THE ACT
DEFINITION OF LAW
• BODY OF RULES OF ACTION OR CONDUCT PRESCRIBED BY CONTROLLING AUTHORITY AND HAVING BINDING LEGAL FORCE • TO BE OBEYED AND FOLLOWED BY CITIZENS, SUBJECT TO SANCTIONS OR LEGAL CONSEQUENCES
RESTATEMENT OF THE LAW OF CONTRACTS
• COMPILATION OF MODEL CONTRACT LAW PRINCIPLES DRAFTED BY LEGAL SCHOLARS, RESTATEMENT IS NOT LAW • LAWYERS AND JUDGES OFTEN REFER TO IT FOR GUIDANCE
GENDER DISCRIMINATION
• DISCRIMINATION BASED ON GENDER • PROHIBITS DISCRIMINATION WHERE SEXUAL FAVORS ARE REQUESTED TO OBTAIN JOB OR PROMOTION transgender now too coming soon
BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ)
• DISCRIMINATION BASED ON PROTECTED CLASSES OTHER THAN RACE OR COLOR IS PERMITTED • MUST BE JOB RELATED AND A BUSINESS NECESSITY
PRODUCT LIABILITY: STRICT LIABILITY • LIABILITY WITHOUT FAULT
• DOES NOT REQUIRE THE INJURED PERSON TO PROVE THAT THE DEFENDANT BREACHED A DUTY OF CARE • SELLER OR LESSOR CAN BE FOUND STRICTLY LIABLE EVEN THOUGH HE OR SHE HAS EXERCISED ALL POSSIBLE CARE no breach ex. storing explosives safely and they go off ex. wild animal attacks someone who takes the tiger from owner, owners fault
BROWN V. BOARD OF EDUCATION
• Decision challenged separate but equal doctrine as it applied to public elementary and high schools • A unanimous Supreme Court reversed prior precedent and held that the separate but equal doctrine violated: • The Equal Protection Clause of the Fourteenth Amendment to the Constitution • After the decision, it took court orders and U.S. Army enforcement to integrate public schools in the country • OVERTURNED Plessy v. Ferguson
MINIMUM WAGE AND OVERTIME PAY
• EMPLOYEES SHOULD BE PAID THE FEDERAL MINIMUM WAGE FOR ALL HOURS WORKED • STUDENTS AND APPRENTICES CAN BE PAID LESS THAN THE MINIMUM WAGE • EMPLOYEES SHOULD BE PAID OVERTIME PAY OF ONE-AND-A-HALF TIMES THEIR REGULAR PAY FOR EACH HOUR WORKED IN EXCESS OF 40 HOURS THAT WEEK
EXEMPTIONS FROM MINIMUM WAGE AND OVERTIME PAY REQUIREMENTS
• EXECUTIVES • ADMINISTRATIVE EMPLOYEES • LEARNED PROFESSIONALS • HIGHLY COMPENSATED EMPLOYEES • COMPUTER EMPLOYEES • OUTSIDE SALES REPRESENTATIVES
OCEAN POLLUTION MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT
• EXTENDS ENVIRONMENTAL PROTECTION TO THE OCEANS • REQUIRES A PERMIT FOR DUMPING WASTES AND OTHER FOREIGN MATERIALS INTO OCEAN WATERS • ESTABLISHES MARINE SANCTUARIES IN OCEAN WATERS AND IN THE GREAT LAKES AND THEIR CONNECTING WATERS
• Management of an LLC.
• Either member‐managed, or manager‐managed. • In member management, all members participate in management and decisions. • Managers and members owe fiduciary duties to the LLC and to each other.
FAMILY AND MEDICAL LEAVE ACT
• FEDERAL ACT THAT GUARANTEES WORKERS UP TO 12 WEEKS OF UNPAID LEAVE IN A 12-MONTH PERIOD TO ATTEND TO FAMILY AND MEDICAL EMERGENCIES AND OTHER SPECIFIED SITUATIONS • APPLIES TO COMPANIES WITH 50 OR MORE WORKERS, FEDERAL, STATE, AND LOCAL GOVERNMENT WORKERS • EMPLOYEE MUST HAVE WORKED FOR EMPLOYER FOR AT LEAST ONE YEAR • PROVIDES UP TO TWELVE WEEKS OF UNPAID LEAVE FOR: • BIRTH OF CHILD • PLACEMENT OF CHILD FOR ADOPTION OR FOSTER CARE • SERIOUS HEALTH CONDITION • CARE FOR SPOUSE, CHILD, OR PARENT WITH SERIOUS HEALTH CONDITION • EMPLOYEE MUST BE RESTORED TO SAME OR EQUIVALENT POSITION UPON RETURN
INTERNATIONAL LAW • LAW THAT:
• GOVERNS AFFAIRS BETWEEN NATIONS • REGULATES TRANSACTIONS BETWEEN INDIVIDUALS AND BUSINESSES OF DIFFERENT COUNTRIES
CLASSIFICATION OF HARASSER
• IF THE EMPLOYEE WHO HARASSES ANOTHER EMPLOYEE IS A SUPERVISOR, THE RULES OF EMPLOYER LIABILITY CHANGE • IF A SUPERVISOR HARASSES AN EMPLOYEE BY CAUSING TANGIBLE EMPLOYMENT ACTION: • EMPLOYER IS STRICTLY LIABLE FOR THE HARASSING SUPERVISOR'S CONDUCT • IF A SUPERVISOR HARASSES AN EMPLOYEE WITHOUT CAUSING ANY TANGIBLE EMPLOYMENT ACTION, EMPLOYER IS VICARIOUSLY LIABLE IN DETERMINING WHETHER THE DEFENSE HAS BEEN PROVEN, A COURT CONSIDERS: • WHETHER THE EMPLOYER HAS AN ANTIHARASSMENT POLICY • WHETHER THE EMPLOYER HAD A COMPLAINT MECHANISM IN PLACE • WHETHER EMPLOYEES WERE INFORMED OF THE ANTIHARASSMENT POLICY AND COMPLAINT PROCEDURE • OTHER FACTORS THAT THE COURT DEEMS RELEVANT
WORKERS COMPENSATION INSURANCE
• INSURANCE THAT EMPLOYERS OBTAIN AND PURCHASE FROM PRIVATE INSURANCE COMPANIES OR FROM GOVERNMENT- SPONSORED PROGRAMS
FEDERAL - U.S. COURTS OF APPEALS
• INTERMEDIATE APPELLATE COURTS • HEAR APPEALS FROM: • DISTRICT COURTS LOCATED IN ITS CIRCUIT • CERTAIN SPECIAL COURTS • FEDERAL ADMINISTRATIVE AGENCIES • 13 CIRCUITS IN FEDERAL COURT SYSTEM • CIRCUIT: GEOGRAPHICAL AREA SERVED BY EACH COURT OF APPEALS tx ours goes to Nola 4 tx districts • REVIEW THE RECORD OF LOWER COURTS OR ADMINISTRATIVE AGENCY PROCEEDINGS • DETERMINE IF THERE HAS BEEN ANY ERROR OF LAW THAT WOULD WARRANT REVERSAL OR MODIFICATION OF DECISION • APPEALS ARE HEARD BY A THREE-JUDGE PANEL • NO NEW EVIDENCE OR TESTIMONY IS HEARD • PETITIONER CAN REQUEST AN EN BANC REVIEW (lots more people?)
UNITED NATIONS (UN)
• INTERNATIONAL ORGANIZATION CREATED BY MULTILATERAL TREATY IN 1945 (WW2) TO: • PROMOTE ECONOMIC AND SOCIAL COOPERATION AMONG NATIONS • PROTECT HUMAN RIGHTS wanted to prevent inhumane treatment
executive orders
• ISSUED BY THE PRESIDENT AND STATE GOVERNORS • POWER DERIVED FROM EXPRESS DELEGATION FROM THE LEGISLATIVE BRANCH AND IMPLIED FROM U.S. CONSTITUTION AND STATE CONSTITUTIONS
ACT OF STATE DOCTRINE
• JUDGES OF ONE COUNTRY CANNOT QUESTION THE VALIDITY OF AN ACT COMMITTED BY ANOTHER COUNTRY WITHIN THAT OTHER COUNTRY'S BORDERS • BASED ON THE PRINCIPLE THAT A COUNTRY HAS ABSOLUTE AUTHORITY OVER WHAT TRANSPIRES WITHIN ITS OWN TERRITORY US doesn't want US citizens filing a suit in Germany about something that happened here
trial phases
• JURY SELECTION • OPENING STATEMENTS (persuasive summary) • PLAINTIFF'S PRESENTS TESTIMONY/EVIDENCE • DEFENDANT'S PRESENTS TESTIMONY/EVIDENCE • CLOSING ARGUMENTS • JURY INSTRUCTIONS AND DELIBERATION • JURY VERDICT • COURT ORDER: JUDGMENT
FUNCTIONS OF THE LAW
• KEEPING THE PEACE • SHAPING MORAL STANDARDS • PROMOTING SOCIAL JUSTICE • MAINTAINING THE STATUS QUO • FACILITATING ORDERLY CHANGE • FACILITATING PLANNING • PROVIDING A BASIS FOR COMPROMISE • MAXIMIZING INDIVIDUAL FREEDOM
COOLING-OFF PERIOD
• MANDATORY SIXTY DAYS' NOTICE BEFORE A STRIKE CAN COMMENCE • GIVES THE EMPLOYER AND UNION ENOUGH TIME TO NEGOTIATE A SETTLEMENT • ILLEGAL FOR A STRIKE TO COMMENCE DURING THE SIXTY- DAY PERIOD to avoid strike
the highest state court
• MOST STATES CALL IT THE STATE SUPREME COURT • HEARS APPEALS FROM INTERMEDIATE APPELLATE STATE COURTS AND CERTAIN TRIAL COURTS • NO NEW TESTIMONY OR EVIDENCE IS HEARD • DECISIONS OF STATE SUPREME COURTS ARE FINAL-STATE LAW
limited partnership
• Must File with Sec of State • Tax - Fed and Texas • Liability - Limited for Limited Partner; Full for General Partner can only come for you for how much you invested
NUTRITION LABELING AND EDUCATION ACT (NLEA)
• REQUIRES FOOD MANUFACTURERS TO DISCLOSE ON FOOD LABELS NUTRITIONAL INFORMATION ABOUT THE FOOD • REQUIRES THE DISCLOSURE OF UNIFORM INFORMATION ABOUT SERVING SIZES AND NUTRIENTS has now moved to fast food establishes definitions for "organic and low fat" prohibits unsubstantial health claims labeling of raw fruits veggies and seafood is voluntary
PRODUCT LIABILITY: NEGLIGENCE
• REQUIRES THE DEFENDANT TO BE AT FAULT FOR CAUSING THE PLAINTIFF'S INJURIES • THE PLAINTIFF MUST PROVE THAT THE DEFENDANT HAS: • BREACHED DUTY OF DUE CARE TO THE PLAINTIFF • CAUSED HARM TO THE PLAINTIFF • ONLY A PARTY WHO WAS ACTUALLY NEGLIGENT IS LIABLE TO THE PLAINTIFF duty, breach, causation and harm bought bad blender from target... manuf of blender is sued NOT target
RIGHT OF REDEMPTION
• RIGHT THAT ALLOWS THE MORTGAGOR TO REDEEM REAL PROPERTY AFTER DEFAULT AND BEFORE FORECLOSURE • MORTGAGOR MUST PAY THE FULL AMOUNT OF THE DEBT INCURRED BY THE MORTGAGEE BECAUSE OF THE MORTGAGOR'S DEFAULT • REDEMPTION OF A PARTIAL INTEREST IS NOT PERMITTED
epa possesses
• RULE-MAKING POWERS TO ADOPT REGULATIONS TO ADVANCE THE LAWS THAT IT IS EMPOWERED TO ADMINISTER • ADJUDICATIVE POWERS TO HOLD HEARINGS, MAKE DECISIONS, AND ORDER REMEDIES FOR VIOLATIONS they also fine and shut down companies until they fix their problem in charge of enforcing all environmental laws
The Nature and Classification of Corporations • Corporate Personnel.
• Responsibility for management of company rests with board of directors (elected by shareholders). • Board of directors makes policy decisions and hires officers to run corporation on a daily basis.
aspects of secured credit
• SECURITY INTERESTS MAY BE TAKEN IN REAL, PERSONAL, INTANGIBLE(patent), OTHER PROPERTY • COLLATERAL MAY BE REPOSSESSED TO RECOVER THE OUTSTANDING AMOUNT IF THE DEBTOR FAILS TO MAKE PAYMENT WHEN DUE car loan~ security on the car
COMMON TYPES OF BREACHES OF LOYALTY
• SELF-DEALING • USURPING AN OPPORTUNITY • COMPETING WITH PRINCIPAL • MISUSE OF CONFIDENTIAL INFORMATION • DUAL AGENCY
cRITERIA THAT JUSTIFY A DIFFERENTIAL IN WAGES:
• SENIORITY • MERIT • QUANTITY OR QUALITY OF PRODUCT • ANY FACTOR OTHER THAN SEX • EMPLOYER BEARS THE BURDEN OF PROVING THESE DEFENSES
• FLEXIBILITY
• THE U.S. LAW EVOLVES AND CHANGES ALONG WITH THE NORMS OF SOCIETY, TECHNOLOGY, AND THE GROWTH AND EXPANSION OF COMMERCE IN THE U.S. AND THE WORLD • U.S. SUPREME COURT CASE BROWN V. BOARD OF EDUCATION IS AN EXAMPLE OF FLEXIBILITY OF THE LAW
fairness
• THE U.S. LEGAL SYSTEM IS COMPREHENSIVE, FAIR, AND DEMOCRATIC
deed of trust aspects and in Texas we....
• THREE-PARTY INSTRUMENT • LEGAL TITLE OF PROPERTY PLACED WITH TRUSTEE UNTIL OWNER- DEBTOR (TRUSTOR) PAYS CREDITOR (BENEFICIARY) once final payment is made ~ released in texas we record the deed of trust
PRIVILEGES AND IMMUNITIES CLAUSE
"THE CITIZENS OF EACH STATE SHALL BE ENTITLED TO ALL PRIVILEGES AND IMMUNITIES OF CITIZENS IN THE SEVERAL STATES" • NO STATE SHALL MAKE OR ENFORCE ANY LAW THAT SHALL ABRIDGE THE PRIVILEGES OR IMMUNITIES OF THE CITIZENS OF THE UNITED STATES • THE CLAUSES PROHIBIT STATES FROM ENACTING LAWS THAT UNDULY DISCRIMINATE IN FAVOR OF THEIR RESIDENTS • THE CLAUSES APPLY ONLY TO CITIZENS AND DO NOT PROTECT CORPORATIONS can't favor your own state over others... tx license works in Louisiana
duty to account
$2 fir coke, bring back .25 change
S‐Corp
(Subchapter "S" in IRS code • Pass Through Tax treatment (No Corporate Tax) •You must meet the criteria to be an "S‐Corp" •File to create a "Corporation" with the Texas Secretary of State •The difference occurs with the IRS file a form to elect Subchapter status This will relieve the S‐Corp from having to pay federal income taxes on their income doesn't effect tx rules don't pay fed income tax so like a partnership
limited jurisdiction trial courts
(inferior trial courts) specialized or limited nature matters ex. traffic courts, probate courts, juvenile courts, justice of peace courts
NORRIS-LAGUARDIA ACT
1932 LEGAL TO ORGANIZE
IN PERSONAM JURISDICTION:
A COURT'S JURISDICTION OVER A PERSON • COURT GAINS IN PERSONAM JURISDICTION OVER A PERSON WHEN HE OR SHE FILES A LAWSUIT person is in that location, where you hit someone is where you get sued
NEGLIGENCE (UNINTENTIONAL TORTS)
A DOCTRINE THAT SAYS A PERSON IS LIABLE FOR HARM THAT IS THE FORESEEABLE CONSEQUENCE OF HIS OR HER ACTIONS
RAWLS'S SOCIAL JUSTICE THEORY
A PERSON HAS A SOCIAL CONTRACT WITH ALL OTHERS IN SOCIETY TO OBEY MORAL RULES THAT ARE NECESSARY FOR PEOPLE TO LIVE IN PEACE AND HARMONY • THE PRINCIPLES OF JUSTICE SHOULD BE CHOSEN BY PERSONS WHO DO NOT YET KNOW THEIR STATION IN SOCIETY • THIS VEIL OF IGNORANCE WOULD PERMIT THE FAIREST POSSIBLE PRINCIPLES TO BE SELECTED not always take care of lowest class idea that everyone has this agreement impossible to know bc you know where you are in society
ETHICAL FUNDAMENTALISM
A PERSON LOOKS TO AN OUTSIDE SOURCE OR A CENTRAL FIGURE FOR ETHICAL RULES OR COMMANDS • THIS MAYBE A BOOK OR A PERSON (religion?) • ETHICAL FUNDAMENTALISM DOES NOT PERMIT PEOPLE TO DETERMINE RIGHT AND WRONG FOR THEMSELVES follow guidelines through life , religious beliefs can also move into society law
ETHICAL RELATIVISM
A PERSON MUST DECIDE WHAT IS ETHICAL BASED ON HIS OR HER OWN FEELINGS AS TO WHAT IS RIGHT OR WRONG • NO UNIVERSAL ETHICAL RULES TO GUIDE A PERSON'S CONDUCT • CRITICS ARGUE THAT ACTIONS WIDELY REGARDED AS UNETHICAL, WOULD BE SEEN AS ETHICAL, DEPENDING ON PERPETRATOR'S VIEWPOINT no universal rules
KANTIAN ETHICS
A PERSON OWES MORAL DUTIES BASED ON UNIVERSAL RULES • THE RULES ARE BASED ON TWO PRINCIPLES • CONSISTENCY - ALL CASES ARE TREATED ALIKE WITH NO EXCEPTIONS • REVERSIBILITY - ACTOR MUST ABIDE BY THE RULE HE OR SHE USES TO JUDGE THE MORALITY OF SOMEONE ELSE'S CONDUCT • CRITICS ARGUE THAT IT IS HARD TO REACH A CONSENSUS AS TO WHAT THE UNIVERSAL RULES SHOULD BE ex. steal from someone, then someone steals from you so you can't change your opinion on theft just cause it happens to you
is an agreement that requires selling shareholders to sell their shares to the other shareholders or to the corporation at the price specified in the agreement.
A buy-and-sell agreement
is a law enacted by a state that stipulates that individual employees cannot be forced to join a union or pay union dues and fees even though a labor union has been elected to represent fellow employees.
A right-to-work law
• CONSOLIDATION:
ACT OF A COURT TO COMBINE TWO OR MORE SEPARATE LAWSUITS INTO ONE LAWSUIT; SAME FACT SITUATION AGAINST COMMON DEFENDANT
intervention
ACT OF OTHERS TO JOIN AS PARTIES TO AN EXISTING LAWSUIT ex. car wreck, insurance can come in
FOOD AND DRUG ADMINISTRATION (FDA)
ADMINISTERS AND ENFORCES THE FDCA AND OTHER FEDERAL CONSUMER PROTECTION LAWS regulates the act
LAW THAT GOVERNMENTS ENACT TO REGULATE INDUSTRIES, BUSINESSES, AND PROFESSIONALS
ADMINISTRATIVE LAW (REGULATORY STATUTES)
REQUESTS FOR ADMISSIONS:
ADMISSION IS CONSIDERED A "FACT" FOR TRIAL to prove it in court would make them look worse than just admitting it now ex. drug user in past
CABINET-LEVEL FEDERAL DEPARTMENTS:
ADVISE THE PRESIDENT AND ARE RESPONSIBLE FOR ENFORCING SPECIFIC ADMINISTRATIVE STATUTES ENACTED BY CONGRESS • CABINET MEMBERS ARE APPOINTED BY THE PRESIDENT department of state, defense and homeland security get with new president
AGENCY TERMINATION BY OPERATION OF LAW
AGENCY CONTRACT IS TERMINATED IN THE FOLLOWING CIRCUMSTANCES • DEATH OF EITHER THE PRINCIPAL OR AGENT • INSANITY OF EITHER THE PRINCIPAL OR THE AGENT (lose capacity) • BANKRUPTCY OF THE PRINCIPAL NO DUTY TO NOTIFY THIRD PARTIES ABOUT THE TERMINATION - but if by act u must notify
FEDERAL TRADE COMMISSION (FTC):
AGENCY EMPOWERED TO ENFORCE THE FEDERAL TRADE COMMISSION ACT AND OTHER FEDERAL CONSUMER PROTECTION STATUTES enforces the unfair and deceptive practices in Texas called DTPA
EB-1 VISA:
ALLOWS U.S. EMPLOYERS TO EMPLOY IN THE UNITED STATES, FOREIGN NATIONALS WHO POSSESS EXTRAORDINARY ABILITY FOR CERTAIN TYPES OF EMPLOYMENT
UNREASONABLE SEARCH AND SEIZURE:
ANY SEARCH AND SEIZURE BY THE GOVERNMENT THAT VIOLATES THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION • EVIDENCE FROM AN UNREASONABLE SEARCH AND SEIZURE IS INADMISSIBLE IN COURT
RATIONAL BASIS TEST:
APPLIED TO CLASSIFICATIONS NOT INVOLVING A SUSPECT OR PROTECTED CLASS gov has to have rational basis for this discrimination
federal questions case
ARISING UNDER THE U.S. CONSTITUTION, TREATIES, OR FEDERAL STATUTES AND REGULATIONS • • NO DOLLAR-AMOUNT LIMIT ON THESE CASES
UNIFORM COMMERCIAL CODE (UCC) article 2 and 2a
ARTICLE 2 (SALES) AND ARTICLE 2A (LEASES) OF THE UCC GOVERN PERSONAL PROPERTY SALES AND LEASES • INTENDED TO PROVIDE CLEAR, EASY-TO-APPLY RULES THAT PLACE THE RISK OF LOSS OF THE GOODS ON THE PARTY MOST ABLE EITHER TO BEAR THE RISK OR INSURE AGAINST IT
TOXIC SUBSTANCES CONTROL ACT
AUTHORIZES THE EPA TO REGULATE TOXIC SUBSTANCES
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA)
AUTHORIZES THE FEDERAL GOVERNMENT TO DEAL WITH HAZARDOUS WASTES BY CREATING A MONETARY FUND TO FINANCE THE CLEAN-UP OF HAZARDOUS WASTE SITES
is a statute that prohibits deficiency judgments regarding certain types of mortgages, such as those on residential property.
An antideficiency statute
The sale of equipment, automobiles, computers, clothing, and such involve sales contracts subject to which one of the following sources of contract law?
Article 2 of the Uniform Commercial Code
Which of the following establishes a comprehensive, uniform law covering the formation, performance, and default of leases in goods?
Article 2A of the UCC
A seller of goods located in Germany agrees to sell its goods on credit to a buyer located in Singapore but only if the buyer in Singapore submits a letter of credit from a bank guaranteeing payment if the buyer does not pay. This transaction is governed by which of the following?
Article 5 of the UCC
Cambodia is a member nation of a regional association in southeast Asia along with Brunei, Indonesia, and Malaysia, among others. This association cooperates in promoting economic, political, and cultural issues and was founded in 1967. Cambodia is a member nation of the _______________________.
Association of Southeast Asian Nations (ASEAN)
• POM WONDERFUL LLC V. COCA-COLA COMPANY issue
CAN A PRIVATE PARTY BRING AN UNFAIR COMPETITION LAWSUIT UNDER THE LANHAM ACT AGAINST A COMPETITOR THAT CHALLENGES THE TRUTHFULNESS OF A FOOD LABEL?
ILLEGAL SUBJECTS
CANNOT BE NEGOTIATED OR AGREED UPON
intentional torts
CATEGORY OF TORTS THAT REQUIRES THAT THE DEFENDANT POSSESSED THE INTENT TO DO THE ACT THAT CAUSED THE PLAINTIFF'S INJURIES civil side
uncovered conditions
CERTAIN CONDITIONS OF DISABILITY, LIKE TEMPORARY IMPAIRMENTS, AND USERS OF ILLEGAL DRUGS AND ALCOHOL ARE NOT COVERED BY THE ACT
toxic substances
CHEMICALS USED BY AGRICULTURE, INDUSTRY, BUSINESS, MINING, AND HOUSEHOLDS THAT CAUSE INJURY TO HUMANS, BIRDS, ANIMALS, FISH, AND VEGETATION
diversity of citizenship
CITIZENS OF DIFFERENT STATES OR A FOREIGN COUNTRY • DOLLAR AMOUNT OF CONTROVERSY MUST EXCEED AT LEAST $75,000
ACT OF NEGOTIATING CONTRACT TERMS BETWEEN AN EMPLOYER AND THE MEMBERS OF A UNION footbLL Bnned substances and terms for punishment
COLLECTIVE BARGAINING
CONTRACT ENTERED INTO BY AN EMPLOYER AND A UNION DURING A COLLECTIVE BARGAINING PROCEDURE
COLLECTIVE BARGAINING AGREEMENT
PRINCIPAL NOT LIABLE FOR INTENTIONAL TORTS OF AGENTS AND EMPLOYEES THAT ARE
COMMITTED OUTSIDE THE PRINCIPAL'S SCOPE OF BUSINESS
SOURCES OF CONTRACT LAW
COMMON LAW OF CONTRACTS UNIFORM COMMERCIAL CODE (UCC) RESTATEMENT OF THE LAW OF CONTRACTS
UNIFORM COMMERCIAL CODE (UCC)
COMPREHENSIVE STATUTORY SCHEME THAT INCLUDES LAWS THAT COVER ASPECTS OF COMMERCIAL TRANSACTIONS
SUBJECTS OF COLLECTIVE BARGAINING
COMPULUSRY PERMISSIVE ILLEGAL
genuineness of assent
CONSENT OF PARTIES TO CREATE A CONTRACT MUST BE GENUINE • LACKS CONSENT IF OBTAINED BY: • DURESS (gun to head or threat to fire brother) • UNDUE INFLUENCE • FRAUD
TYPES OF UNION ELECTIONS
CONTESTED CONSENT DECERTIFICATION
ELECTRONIC CONTRACT:
CONTRACT FORMED ELECTRONICALLY • COURTS APPLY TRADITIONAL CONTRACT RULES • STATE AND FEDERAL STATUTES ALSO APPLY
COMMON LAW OF CONTRACTS
CONTRACT LAW DEVELOPED PRIMARILY BY STATE COURTS
CHOICE-OF-LAW CLAUSE:
CONTRACT PROVISION THAT DESIGNATES A CERTAIN STATE'S OR COUNTRY'S LAW: • TO BE APPLIED IN ANY DISPUTE CONCERNING NONPERFORMANCE OF THE CONTRACT tx and cali companies negotiate before where Suit would take place and what states law to apply
CONSTRUCTION LIENS ON REAL PR
CONTRACTOR'S STATUTORY LIEN THAT MAKES THE REAL PROPERTY TO WHICH SERVICES OR MATERIALS HAVE BEEN PROVIDED SECURITY FOR THE PAYMENT OF THE SERVICES AND MATERIALS
LOCAL ADMINISTRATIVE AGENCIES:
CREATED BY CITIES, MUNICIPALITIES, COUNTIES, AND LOCAL GOVERNMENT BODIES TO ADMINISTER LOCAL REGULATORY LAW make sure you're in compliance
Under English common law, persons who believed that the decision of a law court was unfair or believed that the law court could not grant an appropriate remedy could seek relief in _____________
Chancery (equity) courts
Business Entities
Corporations are recognized as legal "persons" and enjoy virtually same rights and privileges under our Constitution as natural persons. same rights as people
PERMITS A SECURED LENDER TO RECOVER OTHER PROPERTY OR INCOME FROM A DEFAULTING DEBTOR IF THE COLLATERAL IS INSUFFICIENT TO REPAY THE UNPAID LOAN
DEFICIENCY JUDGMENT
JUDICIAL PROCEDURE • CHOICE OF LAW CLAUSE:
DESIGNATES WHICH NATION'S LAWS WILL BE APPLIED IN DECIDING A DISPUTE ARISING OUT OF THE CONTRACT
• FAILURE TO PROVIDE ADEQUATE INSTRUCTIONS
DETAILED DIRECTIONS FOR SAFE ASSEMBLY AND USE OF A PRODUCT manuals, unclear instructions on how to put bike together and bike pedal comes off and kid is hit
REVERSE DISCRIMINATION
DISCRIMINATION AGAINST A MAJORITY GROUP • MAJORITY GROUP MAY SUE UNDER TITLE VII
GENETIC INFORMATION NONDISCRIMINATION
DISCRIMINATION BASED ON INFORMATION TO DETERMINE A PERSON'S PROPENSITY TO BE STRICKEN BY DISEASES MS , cancer, etc
AIR QUALITY CONTROL REGIONS (AQCRS):
DIVISION OF EACH STATE BY THE EPA TO ENSURE COMPLIANCE
preemption doctrine
DOCTRINE THAT PROVIDES THAT FEDERAL LAW TAKES PRECEDENCE OVER STATE OR LOCAL LAW • CONGRESS MAY EXPRESSLY PROVIDE THAT A FEDERAL STATUTE EXCLUSIVELY REGULATES AN AREA OR ACTIVITY • OR LOCAL GOVERNMENTS ARE GIVEN CONCURRENT POWERS no state laws on certain matters if they want
Partnership Termination
Dissolution: by operation of law or judicial decree. • Partners can Agree to Dissolve. • By Operation of Law: death of a partner, bankruptcy of a partner, bankruptcy of partnership, or Illegality.
The ___________________ is a federal statute that required the Federal Trade Commission (FTC) to create and administer the national do-not-call registry.
Do-Not-Call Implementation Act
You work for a pharmaceutical company that produces a variety of prescription and nonprescription drugs. Your job is to assist in preparing applications for new drugs that are then submitted to the FDA for licensing. The pharmaceutical company you work for must submit applications to the FDA for approval under the ___________________, which gives the FDA broad powers to license new drugs in the United States.
Drug Amendment to the FDCA
DISPARATE-TREATMENT DISCRIMINATION
EMPLOYER DISCRIMINATES AGAINST A SPECIFIC INDIVIDUAL BASED ON THE PERSON'S RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN
DISPARATE-IMPACT DISCRIMINATION
EMPLOYER DISCRIMINATES AGAINST AN ENTIRE PROTECTED CLASS 6'2 required - basically no ladies - unless it applies to the job u need to do
RESPONDEAT SUPERIOR:
EMPLOYER IS LIABLE FOR THE TORTIOUS CONDUCT OF ITS EMPLOYEES OR AGENTS WHILE THEY ARE ACTING WITHIN THE SCOPE OF THE EMPLOYER'S AUTHORITY performing assigned tasks
AMERICANS WITH DISABILITIES ACT
EMPLOYERS AND PROVIDERS OF PUBLIC TRANSPORTATION, TELECOMMUNICATIONS, AND PUBLIC ACCOMMODATIONS MUST ACCOMMODATE INDIVIDUALS WITH DISABILITIES • LIMITS ON EMPLOYER QUESTIONS - LIMITS EMPLOYER'S ABILITY TO INQUIRE ABOUT AN APPLICANT'S DISABILITIES
undue hardship
EMPLOYERS ARE NOT OBLIGATED TO PROVIDE ACCOMMODATIONS THAT IMPOSE AN UNDUE HARDSHIP ON THEM
HIGHLY REGULATED BY FEDERAL AND STATE GOVERNMENTS
EMPLOYMENT
DRUG AMENDMENT TO THE FDCA:
EMPOWERS THE FDA TO LICENSE NEW DRUGS IN THE UNITED STATES LAW REQUIRES THE USERS TO BE PROVIDED WITH: PROPER DIRECTIONS FOR USE(method and duration) ADEQUATE WARNINGS ABOUT RELATED SIDE EFFECTS HAS THE ABILITY TO REVOKE APPROVAL OF PREVIOUSLY LICENSED DRUGS PROHIBITS MANUFACTURE, DISTRIBUTION, OR SALE OF ADULTERATED OR MISBRANDED DRUGS (using for the wrong purpose)
TITLE VII OF CIVIL RIGHTS ACT OF 1964:
ENACTED TO ELIMINATE JOB DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, AND NATIONAL ORIGIN
PROCEDURAL ADMINISTRATIVE LAW
ESTABLISHES PROCEDURES TO BE FOLLOWED BY AN ADMINISTRATIVE AGENCY WHILE ENFORCING SUBSTANTIVE LAWS
SUPREMACY CLAUSE
ESTABLISHES THAT THE U.S. CONSTITUTION, FEDERAL TREATIES, LAWS, AND REGULATIONS ARE THE SUPREME LAW OF THE LAND federal > state • STATE AND LOCAL LAWS THAT CONFLICT WITH VALID FEDERAL LAW ARE UNCONSTITUTIONAL to pass a law it has to be in constitution
CLEAN WATER ACT:
ESTABLISHES WATER QUALITY STANDARDS AND REGULATES WATER POLLUTION • ADMINISTERED BY THE EPA • STATES ARE RESPONSIBLE FOR ENFORCING THE PROVISIONS
major theories of businesses ethics
ETHICAL FUNDAMENTALISM UTILITARIANISM KANTIAN ETHICS RAWLS'S SOCIAL JUSTICE THEORY ETHICAL RELATIVISM all work together
nominal damages
EVEN THOUGH NO FINANCIAL LOSS HAS RESULTED FROM THE BREACH USUALLY AWARDED IN A SMALL AMOUNT, SUCH AS ONE DOLLAR established a breach and done for principal, used to recover attorney fees and such
article II
EXECUTIVE BRANCH • PART OF THE U.S. GOVERNMENT THAT ENFORCES THE FEDERAL LAW
CONTESTED ELECTION
Election for a union that an employer's management contests
CLOSED SHOP
Employer agrees to hire only employees who are already members of a union// most restrictive
UNION SHOP
Employer may hire anyone whether he belongs to a union or not, but the employee must join the union within a certain time period
The _________________________ is a federal statute that protects endangered and threatened species of wildlife.
Endangered Species Act
___________ was law developed by judges who issued their opinions when deciding cases. The principles announced in these cases became precedent for later judges deciding similar cases.
English common law
BREACH OF DUTY OF CARE:
FAILURE TO EXERCISE CARE OR TO ACT AS A REASONABLE PERSON WOULD ACT
OCCUPATIONAL SAFETY AND HEALTH ACT
FEDERAL ACT ENACTED IN 1970 THAT PROMOTES SAFETY IN THE WORKPLACE • ESTABLISHED THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) • IMPOSES RECORD-KEEPING AND REPORTING REQUIREMENTS ON EMPLOYERS • REQUIRES EMPLOYERS TO POST NOTICES IN THE WORKPLACE, INFORMING EMPLOYEES OF THEIR RIGHTS
CONSUMER PROTECTION LAWS:
FEDERAL AND STATE STATUTES AND REGULATIONS THAT: • PROMOTE PRODUCT SAFETY • PROHIBIT ABUSIVE, UNFAIR, AND DECEPTIVE BUSINESS PRACTICES if it is dangerous the gov will come in and make regulations so it is safer ex. carseats make it as safe as possible - could take years to go though court system so agencies do it much faster
SECTION 7 OF THE NLRA
FEDERAL LAW THAT GIVES EMPLOYEES THE RIGHT TO FORM, JOIN, AND ASSIST LABOR UNIONS employees right to organize union
LILLY LEDBETTER FAIR PAY ACT OF 2009
FEDERAL STATUTE THAT PERMITS A COMPLAINANT TO FILE AN EMPLOYMENT DISCRIMINATION CLAIM AGAINST AN EMPLOYER • WITHIN 180 DAYS OF THE MOST RECENT PAYCHECK VIOLATION • CAN RECOVER BACK PAY FOR UP TO TWO YEARS PRECEDING THE FILING OF THE CLAIM, IF SIMILAR VIOLATIONS OCCURRED DURING THE TWO-YEAR PERIOD
BUSINESSES ARE SUBJECT TO SUBSTANTIAL
FEDERAL, STATE, AND LOCAL GOVERNMENT REGULATION basically they have to comply at all the levels
DUTY OF LOYALTY:
FIDUCIARY DUTY OWED BY AN AGENT, NOT TO ACT ADVERSELY TO THE INTERESTS OF THE PRINCIPAL
establishment clause
FIRST AMENDMENT CLAUSE PROHIBITING THE GOVERNMENT FROM EITHER ESTABLISHING A STATE RELIGION OR PROMOTING ONE RELIGION OVER ANOTHER
free exercise clause
FIRST AMENDMENT CLAUSE THAT PROHIBITS THE GOVERNMENT FROM INTERFERING WITH THE FREE EXERCISE OF RELIGION IN THE UNITED STATES limits- no human sacrifice, animal sacrifice debated
• BILL OF RIGHTS
FIRST TEN AMENDMENTS TO THE U.S. CONSTITUTION • GUARANTEES CERTAIN FUNDAMENTAL RIGHTS TO NATURAL PERSONS • main goal PROTECTS FROM INTRUSIVE GOVERNMENT ACTION BY: • FEDERAL GOVERNMENT • STATE GOVERNMENTS (INCORPORATION DOCTRINE) not absolute rights ... there are limits protecting from government not from private employer
CONGRESS OF INDUSTRIAL ORGANIZATIONS (CIO):
FORMED BY JOHN L. LEWIS IN 1935 • IN 1955, THE AFL AND CIO COMBINED TO FORM THE AFL-CIO unskilled labor
The ___________________ is a federal administrative agency empowered to enforce the Federal Trade Commission Act and other federal consumer protection statutes.
Federal Trade Commission (FTC)
The _________________ is a federal statute, enacted in 1914, that creates certain consumer protections, regulates business conduct, prohibits unfair and deceptive practices, and grants certain antitrust powers to the Federal Trade Commission (FTC).
Federal Trade Commission Act (FTC Act)
A drug company, Bad Wolf Incorporated, has developed a new drug to treat the growth of irregular toenails. BW Inc. is preparing to sell this drug to the public but must first submit an application to the FDA containing information about the safety and possible uses of the product. BW Inc. may only sell the drug if the FDA approves the application. BW Inc. must get approval to sell this drug to the public under the ________________.
Food, Drug, and Cosmetic Act (FDCA or FDC Act)
torts
French word for "wrong" • INJURED PARTY BRINGS CIVIL LAWSUIT TO SEEK COMPENSATION FOR A WRONG DONE TO THE PARTY OR TO THE PARTY'S PROPERTY • TORT DAMAGES AVAILABLE AS COMPENSATION FOR INJURIES, PROPERTY DAMAGE, LOST WAGES, ETC. • IF THE VICTIM OF A TORT DIES, BENEFICIARIES CAN BRING A WRONGFUL DEATH ACTION AGAINST DEFENDANT TO RECOVER DAMAGES goal: put you back in the same position you were before the accident
POWER TO REGULATE INTERSTATE COMMERCE DEFINED IN
GIBBONS V. OGDEN (1824): ACTIVITIES THAT "SUBSTANTIALLY AFFECT INTERSTATE COMMERCE."
MEDICINAL DEVICE AMENDMENT:
GIVES THE FDA AUTHORITY TO REGULATE MEDICINAL DEVICES • PROHIBITS MISLABELING OF MEDICINAL DEVICES • FDA IS EMPOWERED TO REMOVE QUACK DEVICES FROM THE MARKET get rich quick
article 2 good vs service
GOODS VERSUS SERVICES • CONTRACTS FOR THE PROVISION OF SERVICES ARE NOT COVERED BY ARTICLE 2
ARTICLE 2
GOVERNS THE SALE OF GOODS personal property but not land and houses
COMMERCE CLAUSE
GRANTS CONGRESS THE POWER TO REGULATE COMMERCE WITH FOREIGN NATIONS, AMONG THE SEVERAL STATES, AND WITH INDIAN TRIBES one of the most powerful laws congress uses to pass laws started off relatively small INTERSTATE - more than one state
APPROPRIATE BARGAINING UNIT (BARGAINING UNIT):
GROUP OF EMPLOYEES THAT A UNION IS SEEKING TO REPRESENT • EMPLOYEES OF SINGLE COMPANY • A GROUP WITHIN A COMPANY (just the janitors) • A GROUP WITHIN AN ENTIRE INDUSTRY (all airline pilots)
Laws that regulate businesses and industries collectively and two examples
General government regulation IRS OSHA (safety of employees in workplace)
FEDERAL ADMINISTRATIVE AGENCIES
HAVE BROAD REGULATORY POWERS OVER KEY AREAS OF THE NATIONAL ECONOMY • CREATED BY THE U.S. CONGRESS • EXAMPLE: U.S. DEPARTMENT OF HOMELAND SECURITY get with new president SEC and federal trade commission
thermal pollution
HEATED WATER OR MATERIAL DISCHARGED INTO WATERWAYS THAT UPSETS THE ECOLOGICAL BALANCE AND DECREASES THE OXYGEN CONTENT SUBJECT TO REGULATIONS affect wildlife
REPLACEMENT WORKERS
Hired on a temporary or permanent basis to take the place of the striking employees
WRITTEN CONFIRMATION RULE:
IF BOTH PARTIES TO AN ORAL SALES OR LEASE CONTRACT ARE MERCHANTS, THE STATUTE OF FRAUDS WRITING REQUIREMENT CAN BE SATISFIED IF: • ONE OF THE PARTIES TO AN ORAL AGREEMENT SENDS A WRITTEN CONFIRMATION OF THE SALE OR LEASE WITHIN A REASONABLE TIME AFTER CONTRACTING • OTHER MERCHANT DOES NOT GIVE WRITTEN NOTICE OF AN OBJECTION TO THE CONTRACT WITHIN TEN DAYS AFTER RECEIVING THE CONFIRMATION
DEFAULT JUDGMENT:
IF THE DEFENDANT FAILS TO FILE AN ANSWER everything is considered true
LIABILITY FOR INTENTIONAL TORTS
INCLUDES ASSAULT, BATTERY, FALSE IMPRISONMENT, AND OTHER INTENTIONAL CONDUCT THAT CAUSES INJURY TO ANOTHER PERSON
• CONCURRING OPINION:
INDIVIDUAL REASONS ISSUED BY A JUSTICE WHO AGREES WITH THE OUTCOME OF A CASE BUT NOT THE REASONS OFFERED BY OTHER JUSTICES
OBJECTIVE THEORY OF CONTRACTS
INTENT TO CONTRACT IS JUDGED BY THE REASONABLE PERSON STANDARD • WORDS AND CONDUCT • SURROUNDING CIRCUMSTANCES • SUBJECTIVE INTENT IS IRRELEVANT (held to reasonable person standard) "ill pay you 10,000 if I make this hole golfing"
article 2 - mixed sale
INVOLVES THE PROVISION OF A SERVICE AND A GOOD IN THE SAME TRANSACTION • ARTICLE 2 APPLIES TO MIXED SALES ONLY IF THE GOODS ARE PREDOMINANTLY PART OF THE TRANSACTION you look for the predominate part ex. elevators come with it but also maintenance services are not covered by UCC
The _____________________ is the judicial branch of the United Nations, located in The Hague, the Netherlands.
International Court of Justice (ICJ; also known as the World Court)
article III
JUDICIAL BRANCH • PART OF THE U.S. GOVERNMENT THAT INTERPRETS THE LAW
QUASI IN REM JURISDICTION:
JURISDICTION THAT ALLOWS A PLAINTIFF WHO OBTAINS A JUDGMENT IN ONE STATE TO TRY TO COLLECT THE JUDGMENT BY ATTACHING THE DEFENDANT'S PROPERTY LOCATED IN ANOTHER STATE attach judgement to property in different state
WERE INSTRUMENTAL IN FORMING POLITICAL PARTIES IN MANY COUNTRIES
LABOR UNIONS
SECTION 8(B) OF THE NLRA
LAW THAT MAKES IT AN UNFAIR LABOR PRACTICE FOR A LABOR UNION TO INTERFERE WITH, COERCE, OR THREATEN EMPLOYEES IN EXERCISING THEIR STATUTORY RIGHT TO FORM AND JOIN UNIONS labor union
foreclosure sale
LEGAL PROCEDURE BY WHICH A SECURED CREDITOR CAUSES THE JUDICIAL SALE OF THE SECURED REAL ESTATE TO PAY A DEFAULTED LOAN taking title of a property
ARTICLE I -
LEGISLATIVE BRANCH • PART OF THE GOVERNMENT THAT MAKES FEDERAL LAWS (congress)
SERVICE OF PROCESS
LET DEFENDANT KNOW PLAINTIFF SERVES DEFENDANT • COPY OF PETITION AND SUMMONS lets the defendant know he is being sued waiver of service (if they already have lawyers and have been discussing it can have them served private processor (have to track them down)
UNIFORM COMMERCIAL CODE (UCC)
MODEL ACT THAT INCLUDES COMPREHENSIVE LAWS THAT COVER MOST ASPECTS OF COMMERCIAL TRANSACTIONS • ALL THE STATES HAVE ENACTED ALL OR PART OF THE UCC AS STATUTES sometimes it is tweaked but most of the UCC is adopted law is created by scholars and legislation chooses if they pass it helps do business across state lines
The is a federal statute enacted in 1935 that establishes the right of employees to form and join labor organizations.
National Labor Relations Act (NLRA; also known as the Wagner Act)
LLC TAXES
No Federal Income Tax for Business but you do have Texas Franchise Tax and the members get hit with the federal income tax
Prior to 1992, your business, based in the northern United States, could not do business with Canadian suppliers because imports were heavily taxed, making the costs an unreasonable burden. After 1992, a new trade agreement reduced tariffs to the point that you were able to start dealing with Canadian suppliers. The trade agreement enacted in 1992 was the ________________________________.
North American Free Trade Agreement (NAFTA)
The ____________________ is a federal statute that requires food manufacturers to disclose on food labels nutritional information about the food.
Nutrition Labeling and Education Act (NLEA)
CLASS ACTION:
OCCURS WHEN A GROUP OF PLAINTIFFS WITH COMMON CLAIMS COLLECTIVELY BRING A LAWSUIT AGAINST A DEFENDANT if only 1 person normally not big enough pay out to get lawyers interested so you get lots of people
DEFECT IN MANUFACTURE:
OCCURS WHEN A MANUFACTURER FAILS TO: ASSEMBLE A PRODUCT PROPERLY TEST A PRODUCT PROPERLY CHECK THE QUALITY OF THE PRODUCT ADEQUATELY ex. ladder breaks bc missing screw, can sue ladder company, distributer or hardware store
SEX-PLUS DISCRIMINATION
OCCURS WHEN AN EMPLOYER DOES NOT DISCRIMINATE AGAINST A CLASS AS A WHOLE BUT TREATS A SUBSET OF THE CLASS DIFFERENTLY - single mom/dad, pregnant
us Supreme Court
OMPOSED OF NINE JUSTICES - NOMINATED BY THE PRESIDENT AND CONFIRMED BY THE SENATE • PRESIDENT APPOINTS: • ONE JUSTICE AS THE CHIEF JUSTICE OF THE SUPREME COURT • THE OTHER EIGHT JUSTICES ARE ASSOCIATE JUSTICES • THE SUPREME COURT IS AN APPELLATE COURT • LOWER COURT RECORDS ARE REVIEWED TO DETERMINE WHETHER ERRORS HAVE BEEN MADE AND WHETHER DECISIONS REQUIRE CHANGES in Washington DC
deposition
ORAL TESTIMONY GIVEN BY A WITNESS in attorneys office
UNEMPLOYMENT COMPENSATION
PAID TO WORKERS WHO ARE TEMPORARILY UNEMPLOYED • EMPLOYERS PAY UNEMPLOYMENT TAXES • TO COLLECT BENEFITS, APPLICANTS MUST BE AVAILABLE FOR WORK • WORKERS FIRED DUE TO BAD CONDUCT OR WORKERS WHO QUIT VOLUNTARILY ARE NOT ELIGIBLE
pleadings
PAPERWORK FILED WITH THE COURT TO INITIATE AND RESPOND TO A LAWSUIT lawsuit doesn't begin until filed with the clerk
LIQUIDATED DAMAGES
PARTIES AGREE IN ADVANCE THAT CERTAIN DAMAGES WILL BE AVAILABLE IF CONTRACT IS BREACHED where damages are hard to prove
e commerce
PARTIES ARE PERMITTED TO OBTAIN WEBSITE DOMAIN NAMES AND CONDUCT BUSINESS ELECTRONICALLY falls in rem of interstate commerce
CONTRACTUAL CAPACITY
PARTIES MUST HAVE CONTRACTUAL CAPACITY FOR THE CONTRACT TO BE ENFORCEABLE AGAINST THEM if you are a minor you need a guardian bc of the mental capacity • LEGAL SUBJECT - SUBJECT OF A CONTRACT MUST BE LAWFUL(can't be drugs) • CONTRACTS TO ACCOMPLISH ILLEGAL OBJECTS OR CONTRACTS THAT ARE AGAINST PUBLIC POLICY ARE VOID(can't do 20 dollars for gallons of milk)
offerree
PARTY TO WHOM AN OFFER IS MADE
petitioner
PARTY WHO APPEALS THE DECISION OF AN ADMINISTRATIVE AGENCY you have to wait till the decision goes through the agency and then file to the federal courts if you do not agree with the decision
plantiff
PARTY WHO FILES (w clerk office) A COMPLAINT (PETITION) • NAMES, FACTS, PRAYER FOR RELIEF(basically asking judge for judgement)
offeror
PARTY WHO MAKES AN OFFER TO ENTER INTO A CONTRACT
article 2 sale definition
PASSING OF TITLE FROM A SELLER TO A BUYER FOR A PRICE
DOCTRINE OF STARE DECISIS
PAST COURT DECISIONS BECOME PRECEDENT FOR DECIDING FUTURE CASES • LOWER COURTS MUST FOLLOW PRECEDENT ESTABLISHED BY HIGHER COURTS
UTILITARIANISM
PEOPLE MUST CHOOSE THE ACTION OR FOLLOW THE RULE THAT PROVIDES THE GREATEST GOOD TO SOCIETY • ORIGINS IN WORKS OF BENTHAM AND STUART • IT HAS BEEN CRITICIZED BECAUSE: • IT IS DIFFICULT TO ESTIMATE THE "GOOD" THAT WILL RESULT FROM DIFFERENT ACTIONS • IT IS HARD TO APPLY • IT TREATS MORALITY AS AN IMPERSONAL CALCULATION run over 1 instead of 20 1 person has cure to cancer - choose them hard to estimate what good takes away humanity
lessee
PERSON WHO ACQUIRES RIGHT TO POSSESSION AND USE OF GOODS UNDER A LEASE using the good
lessor
PERSON WHO TRANSFERS RIGHT OF POSSESSION AND USE OF GOODS UNDER A LEASE owner of the good
STANDING TO SUE:
PLAINTIFF MUST HAVE A STAKE IN THE OUTCOME OF CASE ex. car wreck, brother can't file for you
AIR POLLUTION
POLLUTION CAUSED BY FACTORIES, HOMES, VEHICLES, AND SOURCES THAT AFFECTS THE AIR anything that effects air quality most of the times it falls down to state level: tx - texas commission on environmental quality TCEQ (can see air quality for regions)
land pollution
POLLUTION OF LAND CAUSED BY IMPROPER DISPOSAL OF HAZARDOUS WASTE
FEDERAL GOVERNMENT AND FIFTY STATE GOVERNMENTS SHARE
POWERS
STATE IMPLEMENTATION PLANS (SIP):
PREPARED BY STATES TO MEET THE FEDERAL STANDARD part of NAAQS
TORT LIABILITY OF PRINCIPALS AND AGENTS TO THIRD PARTIES
PRINCIPAL IS LIABLE FOR TORTIOUS CONDUCT OF AGENT ACTING WITHIN THE SCOPE OF AUTHORITY • AGENT IS LIABLE FOR TORTIOUS CONDUCT OF PRINCIPAL ONLY IF AGENT DIRECTLY OR INDIRECTLY, AIDS AND ABETS THE PRINCIPAL'S CONDUCT
AGENCY RELATIONSHIP DUTIES
PRINCIPALS AND AGENTS OWE CERTAIN DUTIES TO EACH OTHER AND ARE LIABLE TO EACH OTHER FOR BREACHING THESE DUTIES • AGENCY LAW ESTABLISHES THE LIABILITY OF PRINCIPALS, AGENTS, AND INDEPENDENT CONTRACTORS FOR SUCH CONDUCT if breach... held liable
GENETIC INFORMATION NONDISCRIMINATION ACT
PROHIBITS DISCRIMINATION AGAINST EMPLOYEES BASED ON GENETIC INFORMATION • PROHIBITS USE OF GENETIC INFORMATION IN MAKING DECISIONS, INCLUDING HIRING, PROMOTING, PROVIDING BENEFITS, ETC. • REMEDIES FOR VIOLATION INCLUDE CORRECTIVE ACTION AND MONETARY FINES
QUALIFIED INDIVIDUAL WITH A DISABILITY
PROHIBITS DISCRIMINATION AGAINST INDIVIDUAL WHO HAS PHYSICAL OR MENTAL IMPAIRMENT THAT LIMITS A MAJOR LIFE ACTIVITY • CAN PERFORM THE BASIC FUNCTIONS OF THE JOB
ENDANGERED SPECIES ACT
PROTECTS ENDANGERED AND THREATENED SPECIES OF WILDLIFE • REQUIRES THE EPA AND THE DEPARTMENT OF COMMERCE TO DESIGNATE CRITICAL HABITATS FOR EACH ENDANGERED AND THREATENED SPECIES • PROHIBITS THE TAKING OF ANY ENDANGERED SPECIES • TAKING - ACT INTENDED TO HARASS, HARM, PURSUE, HUNT, SHOOT, WOUND, KILL, TRAP, CAPTURE, OR COLLECT AN ENDANGERED ANIMAL wanting to build something? gotta look at the specs
EQUAL ACCESS TO JUSTICE ACT:
PROTECTS PERSONS FROM HARASSMENT BY FEDERAL ADMINISTRATIVE AGENCIES
SOCIAL SECURITY:
PROVIDE LIMITED RETIREMENT AND DEATH BENEFITS TO CERTAIN EMPLOYEES AND THEIR DEPENDENTS • RETIREMENT, SURVIVORS, DISABILITY, AND MEDICARE BENEFITS • FAILURE TO SUBMIT TAXES RESULTS IN INTEREST PAYMENTS, PENALTIES, AND CRIMINAL LIABILITY
STATES REQUIRE EMPLOYERS TO:
PURCHASE WORKERS' COMPENSATION INSURANCE • SELF-INSURE BY MAKING PAYMENTS, IF THEY HAVE THE ABILITY TO PAY COMPENSATION CLAIMS
ABNORMAL MISUSE OF A PRODUCT
RELIEVES THE MANUFACTURER OR SELLER OF PRODUCT LIABILITY IF THE PLAINTIFF ABNORMALLY MISUSED A PRODUCT OR MODIFIED OR ALTERED THE PRODUCT AFTER bathsalts had to put warning labels bc people smoking them
FORMATION OF SALES AND LEASE CONTRACTS: OFFER (CONT.) • CONSIDERATION
REQUIRED FOR THE FORMATION OF SALES AND LEASE CONTRACTS • UNDER THE UCC, MODIFICATIONS TO SALES AND LEASE CONTRACTS REQUIRE NO CONSIDERATION • DIFFERENT FROM COMMON LAW RULE • MODIFICATION MUST BE MADE IN GOOD FAITH UCC doesn't require it for modification
DO-NOT-CALL IMPLEMENTATION ACT:
REQUIRED FTC TO CREATE AND ADMINISTER THE NATIONAL DO-NOT-CALL REGISTRY
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
REQUIRES PESTICIDES, HERBICIDES, FUNGICIDES, AND RODENTICIDES TO BE REGISTERED WITH THE EPA • EPA MAY DENY, SUSPEND, OR CANCEL REGISTRATION
PROCEDURAL DUE PROCESS
REQUIRES THE GOVERNMENT TO GIVE A PERSON PROPER NOTICE AND HEARING OF LEGAL ACTION BEFORE DEPRIVING THAT PERSON OF LIFE, LIBERTY, OR PROPERTY
OIL POLLUTION ACT:
REQUIRES THE OIL INDUSTRY TO TAKE MEASURES TO PREVENT OIL SPILLS AND TO RESPOND TO AND CLEAN UP OIL SPILLS
LIABILITY FOR NEGLIGENCE IS BASED ON:
RESPONDEAT SUPERIOR: VICARIOUS LIABILITY
U.S. DEPARTMENT OF AGRICULTURE (USDA):
RESPONSIBLE FOR REGULATING MEAT, POULTRY, AND OTHER FOOD PRODUCTS • HOLDS THE ABILITY TO INITIATE LEGAL PROCEEDINGS AGAINST VIOLATORS usda puts purple sticker on meat usda inspectors at the plant
JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY ACTIONS
REVIEW IS EXPRESSLY PROVIDED FOR IN MANY FEDERAL STATUTES • IN THE ABSENCE OF AN ENABLING STATUTE, THE APA AUTHORIZES JUDICIAL REVIEW OF FEDERAL ADMINISTRATIVE AGENCY ACTIONS
TEXAS IS A
RIGHT TO WORK (DONT NEED A UNION)
EQUAL OPPORTUNITY IN EMPLOYMENT
RIGHTS OF ALL EMPLOYEES AND JOB APPLICANTS • TO BE TREATED WITHOUT DISCRIMINATION • TO BE ABLE TO SUE EMPLOYERS IF THEY ARE DISCRIMINATED AGAINST
UCC STATUTE OF FRAUDS
RULE IN THE UCC THAT REQUIRES ALL CONTRACTS FOR THE SALE OF GOODS COSTING $500 OR MORE AND LEASE CONTRACTS INVOLVING PAYMENTS OF $1,000 OR MORE TO BE IN WRITING
You live in a society in which the moral principles for the entire society were chosen by a group of people under a "veil of ignorance"; that is, when they chose the moral principles that would guide the society, they did not know what their station would be in that society, so, as a group, they chose the fairest possible principles. This society would be a living example of _________________.
Rawls's social justice theory
_____________ is a moral theory asserting that fairness is the essence of justice. This theory says that each person is presumed to have entered into a social contract with all others in a society to obey moral rules that are necessary for people to live in peace and harmony.
Rawls's social justice theory
NATIONAL AMBIENT AIR QUALITY STANDARDS NAAQS
STANDARDS SET BY THE EPA FOR CERTAIN POLLUTANTS THAT PROTECT: • HUMAN BEINGS (PRIMARY LEVEL) • VEGETATION, MATTER, CLIMATE, VISIBILITY, AND ECONOMIC VALUES (SECONDARY LEVEL) (environment) STATES ARE RESPONSIBLE FOR ENFORCEMENT (divided into regions)
PRIVACY ACT:
STATES THAT FEDERAL ADMINISTRATIVE AGENCIES CAN MAINTAIN ONLY INFORMATION ABOUT AN INDIVIDUAL THAT IS ***RELEVANT AND NECESSARY*** TO ACCOMPLISH A LEGITIMATE AGENCY PURPOSE bc hacks
TREATY CLAUSE:
STATES THAT THE PRESIDENT SHALL HAVE THE POWER TO MAKE TREATIES, PROVIDED TWO-THIRDS OF THE SENATORS PRESENT CONCUR often have to do w commerce
SERVICE OF PROCESS:
SUMMONS BEING SERVED ON A DEFENDANT TO OBTAIN PERSONAL JURISDICTION OVER HIM OR HER • PERSONAL JURISDICTION EXISTS OVER A DEFENDANT WHO IS WITHIN THE BOUNDARIES OF THE STATE • A CORPORATION IS SUBJECT TO PERSONAL JURISDICTION IN THE STATE WHERE IT IS INCORPORATED, HAS A PRINCIPAL OFFICE, OR DOES BUSINESS notification that you're being sued
HARASSMENT
SUPERVISORS AND COWORKERS ENGAGING IN CONDUCT THAT IS OFFENSIVE BECAUSE IT IS SEXUALLY, RACIALLY, ETHNICALLY, OR RELIGIOUSLY CHARGED • CLASSIFICATION OF HARASSER • IF AN EMPLOYEE WHO HARASSES ANOTHER EMPLOYEE IS A CO- WORKER: • EMPLOYER IS LIABLE IF IT WAS NEGLIGENT IN CONTROLLING THE WORKING SITUATION just being made feel uncomfrtorbale, doesn't have to be directed to you, can overhear
HEART OF ATLANTA MOTEL V. U.S.
SUPREME COURT PROHIBITED RACIAL DISCRIMINATION IN INTERSTATE COMMERCE owner refused any black people to stay there... used this to pass civil law acts and social injustice
The general partners of Business Ltd, a limited partnership, vote to make Sasha, a limited partner, president of the limited partnership. Sasha accepts, and she therefore has two distinct relationships with the limited partnership: first as an investor and limited partner and second as a manager (president) of the limited partnership. Sasha can lawfully participate in the management of the limited partnership without losing the limited liability shield granted by her limited partner status under which of the following?
Section 303 of the RULPA
One day, you go to your favorite coffee shop (a national chain) and notice that the signage behind the counter has been changed to include calorie counts for all the food and drink items. This change went into effect as a result of ___________________, which is a section of the federal statute that requires restaurants and retail food establishments with 20 or more locations to disclose calorie counts of the items they serve on menus, menu boards, and drive-through menu boards.
Section 4205 of the Patient Protection and Affordable Care Act
Laws that regulate a specific industry or type of business and example
Specific government regulation FCC (fed commun
strict scrutiny test
TEST THAT IS APPLIED TO DETERMINE CONSTITUTIONALITY OF CLASSIFICATIONS BY THE GOVERNMENT BASED ON: suspect class fundamental rights if it passes strict scrutiny you can do it
restitution
THE RETURN OF GOODS OR PROPERTY RECEIVED FROM THE OTHER PARTY TO RESCIND A CONTRACT • IF THE ACTUAL GOODS OR PROPERTY ARE NOT AVAILABLE, A CASH EQUIVALENT MUST BE MADE • RESCISSION AND RESTITUTION RESTORE THE PARTIES TO THE POSITIONS THEY OCCUPIED PRIOR TO THE CONTRACT ex a contract to sell truck (cause it has an issue) and get money back and seller gets car back
CONSTITUTION OF THE UNITED STATES OF AMERICA
THE SUPREME LAW OF THE LAND ANY LAW THAT CONFLICTS WITH IT IS UNCONSTITUTIONAL AND UNENFORCEABLE ESTABLISHES THREE BRANCHES OF GOVERNMENT • ENUMERATES FEDERAL POWERS • RESERVES ALL OTHER POWERS TO STATES • STATES HAVE THEIR OWN CONSTITUTIONS goal: limit federal power
FINANCE LEASE:
THREE-PARTY TRANSACTION CONSISTING OF A LESSOR, A LESSEE, AND A SUPPLIER • LESSOR ACQUIRES TITLE TO THE GOODS OR THE RIGHT TO THEIR POSSESSION AND USE IN CONNECTION WITH THE TERMS OF THE LEASE ex. MRI machines
Your Business Law professor believes that law is "discovered" by humans through the use of reason and choosing between good and evil. She points to the U.S. Constitution as an example of her philosophy. Your professor most likely subscribes to which school of philosophy?
The Natural Law School
_________________ is a federal statute, as amended by the Health Care and Education Reconciliation Act, that is referred to as the Health Care Reform Act. These combined acts mandate that most U.S. citizens and legal residents purchase "minimal essential" health care insurance coverage and provides methods for accomplishing this goal.
The Patient Protection and Affordable Care Act (PPACA)
Which of the following is a model act that establishes uniform legal rules for the formation and enforcement of electronic contracts and licenses?
The Uniform Computer Information Transactions Act
You're considering buying your first home. One of your classmates suggests that the federal government's policy of subsidizing housing provides incentives so that too many homes are built. Your classmate says that, if these laws did not exist, then the free market would determine the exact number of homes that should be built. Your classmate most likely subscribes to which of the following schools of jurisprudential thought?
The law and economics school
is a rule providing that, on the death of a general partner, the deceased partner's right in specific partnership property vests in the remaining partner or partners; the value of the deceased general partner's interest in the partnership passes to his or her beneficiaries or heirs.
The right of survivorship
Jerry has purchased 60 acres of lakefront property in a small town that surrounds the lake. He intends to develop the land by building high-rise condominiums. The high ground on the land is suitable for building, but the rest of the property consists of wetlands and ponds created by water flowing onto the property from the lake. Because the lake flows into the ponds and wetlands, they are considered navigable waters under the Clean Water Act. Jerry decides to secretly ditch and fill the ponds and wetlands so that he can build more condominiums in violation of the Clean Water Act The _______________________ is empowered to report Jerry for criminal proceedings and to bring proceedings against him to correct his illegal act.
U.S. Army Corps of Engineers
Which of the following refers to the federal court system's trial courts of general jurisdiction that decides cases not within the jurisdiction of specialized federal courts?
U.S. District Courts
battle of the forms
UCC RULE STATING THAT IF BOTH PARTIES ARE MERCHANTS, THEN ADDITIONAL TERMS CONTAINED IN THE ACCEPTANCE MAY BECOME PART OF THE SALES CONTRACT IF CERTAIN REQUIREMENTS ARE MET not singing the same contract effective when it is sent
FIRM OFFER RULE:
UCC RULE THAT SAYS THAT A MERCHANT WHO: • MAKES AN OFFER TO BUY, SELL, OR LEASE GOODS • ASSURES THE OTHER PARTY IN A SEPARATE WRITING THAT THE OFFER WILL BE HELD OPEN; THEY CANNOT REVOKE THE OFFER FOR THE TIME STATED OR, IF NO TIME IS STATED, FOR A REASONABLE TIME takes away the merchants right to receive
Law courts:
UNIFORM SYSTEM OF LAW • RELIEF AVAILABLE WAS MONETARY AWARD FOR DAMAGES
Fairness of Law:
US legal system is one of the fairest, most comprehensive and democratic systems. but still has some misuses and oversights
You are the owner of a steam-engine manufacturing company. In recent years, the market for your product has declined, and you must close one of your plants. It is now time to decide whether you should close a plant that has been unprofitable and is located in a small community. ________________ would require you to weigh the benefits to the shareholders from closing the plant against the benefits to the employees, their families, and the community from keeping it open.
Utilitarianism
PAROL EVIDENCE RULE:
WHEN A SALES OR LEASE CONTRACT IS EVIDENCED BY A WRITING THAT IS INTENDED TO BE A FINAL EXPRESSION OF THE PARTIES' AGREEMENT OR CONFIRMATORY MEMORANDUM, THE TERMS OF THE WRITING MAY NOT BE CONTRADICTED BY EVIDENCE OF: • PRIOR ORAL OR WRITTEN AGREEMENT, OR • CONTEMPORANEOUS ORAL AGREEMENT go to court to enforce the contract , nothing prior to official contract the final contract is key and the post contract can be used but none before the official came out
Norway and Mexico have found themselves in a dispute over a possible breach of a trade agreement between the two countries. It was found by a WTO panel that Norway did, in fact, breach the trade agreement, and the WTO dispute settlement body adopted the panel report. Norway disagrees about the application of the law by the panel and dispute settlement body. Norway can appeal to the ____________________ to resolve these issues of law.
WTO appellate body
The ___________________ is a board composed of one representative from each WTO member nation that reviews panel reports.
WTO dispute settlement body
Canada has found itself in a dispute with France over the breach of a trade agreement that the two countries had formed. Canada decides to initiate a proceeding with the World Trade Organization about the breach that is believed to have occurred in their agreement with France. The dispute between Canada and France will be heard first by a three-member __________________.
WTO panel
Which of the following is a form that employers must obtain from every prospective employee, regardless of citizenship or national origin, with supporting documents, that demonstrate whether the prospective employee is either a U.S. citizen or otherwise authorized to work in the country?
a Form I-9 Employment Eligibility Verification
Jo works as a nurse in Union General Hospital in Milwaukee, Wisconsin. She and the other nurses in the hospital do not belong to a union. However, they decide that they would like to join one. Jo and the other nurses would be considered which of the following?
a bargaining unit
Alex, the owner of the new restaurant, Rock & Shore, says to Gemma, a painter, "If you promise to paint my store by July 1, I will pay you $3,000." Alex says, "I promise to do so." If Gemma fails to paint the restaurant, Alex can sue her and recover whatever damages result from her breach of contract. Similarly, Gemma can sue Alex if he refuses to pay her after she has performed as promised. Which of the following was created when Gemma agreed to paint the restaurant?
a bilateral contact
After an arbitration hearing is complete, the arbitrator reaches a decision and issues an award. The parties agree in advance to be bound by the arbitrator's decision and remedy. In this situation, the decision and award of the arbitrator cannot be appealed to the courts. This scenario best describes which of the following?
a binding arbitration
You read a news story about a woman camping in the Sierra Nevada mountains in drought-stricken California. The woman threw a lit match on the ground in the forest and caused a fire. The woman's actions are an example of which of the following?
a breach of the duty of care
Which of the following best describes the Due Process Clause?
a clause that provides that no person shall be deprived of "life, liberty, or property" without due process of the law
You and your twin brother decide to start a carpentry business called Bro & Bro Carpentry. Your business will be a private for-profit corporation whose shares are owned by a few shareholders who are family members, relatives, and friends. Bro & Bro Carpentry is which kind of corporation?
a closely held corporation
Bruno is a programmer at Apple. He is compensated on a salary basis, and he is engaged in the design, development, documentation, analysis, creation, testing, and modification of Apple's systems. Bruno has which of the following exemptions from minimum wage and overtime pay requirements?
a computer employee exemption
A new solar power plant was just built in your neighborhood. The maintenance workers at the plant want to form a union. More than 50% of the workers signed consent cards indicating their desire to form a union. Their employer does not contest the election, but management still wants an election to be held. In this case, the NLRB does not need to supervise the election. What kind of election does the scenario describe?
a consent election
The maintenance workers at your high school want to join a union. Forty percent of the workers sign consent cards indicating joining a union, so the NLRB can be petitioned to investigate and to set an election date. The high school is opposed to the election, so the NLRB is required to supervise it. What kind of election does the scenario describe?
a contested election
Which of the following expressly sets forth the events that allow for continuation of the partnership, the amount to be paid outgoing partners, and other details?
a continuation agreement
Gillian works for a corporation. She was appointed by the board of directors, and she manages day-to-day operations of the corporation. Gillian is which of the following?
a corporate officer
__________- is a document filed by the defendant against the plaintiff to seek damages or some other remedy.
a cross-complaint
Your union has decided to go on strike to protest what it views as unfair labor practices. You don't agree, but you want to support your coworkers. You decide to return to work after joining the strikers for a time. In this scenario, you are an example of which of the following?
a crossover worker
Which of the following is held if some employees no longer want to be represented by a union?
a decertification election
Which of the following is an order issued by a court when it judicially dissolves a partnership, corporation, or other business entity?
a decree of judicial dissolution
A plaintiff files a complaint in the proper court. The court then issues a summons. However, the defendant does not answer the complaint. What is then entered against the defendant?
a default judgement
Canadian Ladder Company designs, manufactures, and sells ladders. While manufacturing a ladder, a worker at the company fails to insert one of the screws that would support one of the steps of the ladder. The ladder is sold to Weingard Distributor, a wholesaler, which sells it to Reynolds Hardware Store, which sells the ladder to Lauren, a consumer. When Lauren is on the ladder painting her house, the step of the ladder breaks because of the missing screw, and Lauren falls and is injured. The missing screw is an example of which of the following product defects?
a defect in manufacture
In the news, you read about consumers who've started suffering injuries and death after visiting a certain grocery store. The authorities track the problem back to a certain salad dressing. The manufacturer of the salad dressing had failed to put tamperproof seals on its salad dressings (i.e., caps that have seals that show whether they have been opened). Thus, a person purchased several bottles of the salad dressing from a grocery store, opened the caps, placed the poison cyanide in the dressings, replaced the caps, and placed the bottles back on the grocery store shelves. In this scenario, the salad dressing manufacturer would be strictly liable for which of the following?
a defect in packaging
Brandon buys a house for $500,000. He puts $25,000 down and borrows $475,000 from a bank, which takes a mortgage on the property to secure the loan. Brandon then defaults, and when the bank forecloses on the property, it is worth only $100,000. There is a deficiency of $375,000 ($475,000 loan − $100,000 foreclosure sale price). The bank can recover the $375,000 deficiency from Brandon's other property, but the bank has to bring a legal action against Brandon to do so. In order to recover the $375,000, the bank needs to receive which of the following?
a deficiency judgment
A contract provision that states that a breaching party is not responsible to pay consequential damages is called .
a disclaimer of consequential damages
In the federal court system's trial courts of general jurisdiction, what is the geographical area served by each court called?
a district
Beth and Tyler file the articles of organization to organize their new LLC in North Carolina. Once their LLC is up and running, it also does business in South Carolina and Georgia. In North Carolina, Beth and Tyler's LLC is considered .
a domestic LLC
A limited liability partnership in the state in which it is organized is called .
a domestic LLP
Charlie works as a programmer for Superstar Games. Charlie's boss at Superstar asks Charlie to drop off a package at a client's office on his way home. On the way to drop off the package, Charlie gets into a car accident and negligently injures a pedestrian. In this example, Charlie's boss is liable to the pedestrian because this was which of the following?
a dual-purpose mission
Michael is a member of a member-managed LLC. While engaging in LLC business, Michael is driving an automobile and accidentally hits Ibrahem, a pedestrian, and severely injures him. Ibrahem sues the LLC and recovers $500,000 in damages. In court, it is determined that Michael was grossly negligent because he was driving 70 miles per hour in a residential 35-miles-per-hour zone. Thus, Michael is liable to the LLC for the $500,000 because he breached .
a duty of care
To meet this duty, the directors and officers must discharge their duties (1) in good faith, (2) with the care that an ordinary prudent person in a like position would use under similar circumstances, and (3) in a manner they reasonably believe to be in the best interests of the corporation. These requirements pertain to which duty of directors and officers?
a duty of care
A duty that a partner owes not to act adversely to the interests of the partnership is which of the following?
a duty of loyalty
A duty that directors and officers have not to act adversely to the interests of the corporation and to subordinate their personal interests to those of the corporation and its shareholders is called .
a duty of loyalty
A fiduciary duty owed by an agent not to act adversely to the interests of the principal is called .
a duty of loyalty
Emily, Emma, Jill, and Diana form the member-managed LLC CooperStreet.com, which is an online marketplace for conflict-free jewelry. Emma secretly starts a competing business selling conflict-free jewelry. Emma is liable for any secret profits she made, and her business will be shut down. In this scenario, Emma has breached .
a duty of loyalty
Jessica, Matt, and Linda form a general partnership to develop real property. Their partnership agreement specifies that acts of the partners are limited to those necessary to accomplish the partnership's purpose. Linda, acting alone, loses $300,000 of partnership funds in commodities trading. Linda is personally liable to the partnership for the lost funds because she breached which of the following duties of general partners?
a duty of obedience
A duty that an agent owes to maintain an accurate record of all transactions undertaken on the principal's behalf is which of the following?
a duty to account
Arielle, who is driving her automobile, is injured when another driver negligently causes an automobile accident. Arielle then hires a lawyer to represent her on a 35 percent contingency-fee basis. If the lawyer wins the case for Arielle or settles the case with Arielle's approval, he will earn 35 percent of whatever is collected from the defendant. If the lawyer does not win or settle the lawsuit, he gets paid nothing. In this scenario, Arielle has which of the following duties?
a duty to compensate
Jack and Jill are partners. Jack learns that a piece of property owned by their general partnership has been polluted by dangerous toxic waste by a local chemical plant. Jack is afraid Jill will be angry, so he decides not to tell Jill of this fact. Jack has breached which of the following duties of general partners?
a duty to inform
A defendant is sued by a plaintiff for engaging in insider trading, in violation of the Securities Exchange Act of 1934, which is a federal statute. The scenario refers to which kind of case?
a federal question case
Which of the following best describes the Truth-in-Lending Act (TILA)?
a federal statute that requires creditors to make certain disclosures to debtors in consumer transactions and real estate loans on the debtor's principal dwelling
Amtrak, a commercial train line, decides to lease a new kind of high-speed train that is manufactured by American Railcar Industries, Inc. To finance the train acquisition, Amtrak goes to National Bank. National Bank purchases the trains from American Railcar Industries, Inc., and National Bank then leases the trains to Amtrak. This is an example of which of the following?
a finance lease
Angelica borrows $500,000 from University Bank to buy her first house. Angelica gives a mortgage to University Bank, making the house collateral to secure the loan. Later, Angelica defaults on the loan. University Bank can then follow applicable state law to sell the house at a judicial sale. If the house sells for $575,000, the bank keeps $500,000 and must remit $75,000 to Angelica. The bank's actions are an example of which of the following?
a foreclosure sale
A clause in an international contract that designates which nation's court has jurisdiction to hear a case arising out of the contract is called .
a forum-selection clause
In a limited partnership, who invests capital, manages the business, and is personally liable for the partnership's debts?
a general partner
You're going on a two-month-long road trip. You decide to give your sister the power to make all decisions on your behalf while you're gone. This power includes the power to purchase or sell stocks or real estate, pursue or defend lawsuits, and to make all other relevant decisions. Which of the following did you confer on your sister?
a general power of attorney
Which of the following is a clause that can be included in the articles of incorporation that permits the corporation to engage in any activity permitted by law?
a general-purpose clause
Ella is headed off to her first year at college. She needs to purchase a new computer and a printer on credit from Computers 'R' Us, an electronics retailer. Computers 'R' Us will not sell the computer and printer to Ella unless she can get someone to guarantee the payment. Ella asks her roommate, Aria, to guarantee the payment. Aria agrees, and she is placed on the credit agreement as a guarantor. Aria is then secondarily liable. This scenario is an example of which of the following?
a guaranty arrangement
In 2012, Mark Zuckerberg made $503,205 as his annual salary. Mark performs office work, engages in management, and has the authority to hire employees. Mark has which of the following exemptions from minimum wage and overtime pay requirements?
a highly compensated employee exemption
Your father owns 20 acres of undeveloped farmland that he inherited. He's not able to care for the property, so he decides to sell it. He finds a buyer, and that purchaser agrees to pay the purchase price in three installments over the next nine months. Your father's agreement is an example of which of the following?
a land sales contract
Which of the following is an agreement by the issuer to pay a sum of money on the receipt of an invoice and other documents?
a letter of credit
An unincorporated business entity that combines the most favorable attributes of general partnerships, limited partnerships, and corporations is called .
a limited liability company (LLC)
Which of the following best defines a foreign LLC?
a limited liability company (LLC) in any state other than the one in which it is organized
A special form of partnership in which all partners are limited partners, and there are no general partners, is called .
a limited liability partnership (LLP)
Meagan has just joined a limited partnership by investing with a capital contribution. However, she is not required to participate in management and is not personally liable for partnership debts beyond her capital contribution. Meagan is which kind of partner?
a limited partner
Which of the following best describes a bond?
a long-term debt security that is secured by some form of collateral
You're following the proceedings of the latest supreme court case. This time, all nine justices hear a case and five of them agree that the petitioner wins. All of these five justices agree that it's because the Equal Protection Clause of the U.S. Constitution was violated. What kind of decision have the justices come to?
a majority decision
Emma, Emily, Diana, and Jill form an LLC. Emily and Emma are named as manager. Emma enters into a contract to purchase goods from a supplier for the LLC. Diana enters into a contract to lease equipment on behalf of the LLC. The LLC is bound to the contract entered into by Emma, but is not bound to the contract entered by Diana. This is because the LLC is which of the following?
a manager-managed LLC
Starbucks contracts with a general contractor to build a new three-story MegaStarbucks that holds space for approximately 1,500 customers. The contract price is $150 million. However, after construction, Starbucks discovers that the completed building cannot support more than 700 customers because the contractor used inferior materials. The defect cannot be repaired without rebuilding the entire structure. Because this is , Starbucks may rescind the contract, recover any money that it has paid to the contractor, and require the contractor to remove the building.
a material breach
Elissa, Lindsey, Amy, Carrie, and Alison form Cooper Square, LLC. Alison contributes $50,000 capital, and the other four members each contribute $10,000. The members are deciding whether to stop selling one of their product lines. Elissa, Amy, and Carrie all vote in favor. Lindsey and Alison are opposed. The product line is discontinued because three members voted in favor and two were opposed. It does not matter that the two members who voted no contributed $60,000 in capital collectively versus the $30,000 in capital contributed by the three members who voted yes. Because each member has equal rights in the management of the business of the LLC, Cooper Square is an example of which of the following?
a member-managed LLC
An arrangement where an owner of real property borrows money from a lender and pledges the real property as collateral to secure the repayment of the loan is called .
a mortgage
A test that determines whether an agent's goal in committing an intentional tort is to promote the principal's business is called .
a motivation test
You would like to start a new company that provides tutoring services in English for students who speak multiple languages. Which of the following types of corporations would be the best fit for your company?
a nonprofit corporation
A principal, Ross Geller, and an agent, Joey Tribbiani, agree that Joey will represent Ross to purchase a business. They also agree that Joey will disclose the existence of the agency and identity of the principal to third parties. Joey finds a suitable business and contracts to purchase the business on behalf of Ross, but Joey then mistakenly signs the contract "Joey Tribbiani, agent," rather than including Ross's name as well. In this scenario, Ross is which of the following?
a partially disclosed principal
Ashley and Anja enter into a partnership for a new business. In their general partnership agreement, they decide to leave out any specifics for when their partnership will be terminated. Ashley and Anja's partnership is an example of which of the following?
a partnership at will
Jack and Ericka enter into a partnership for a new business. In their general partnership agreement, they agree in writing that their partnership will last for six years. At that time, they will reevaluate the partnership. Jack and Ericka's partnership is an example of which of the following?
a partnership for a term
Which of the following is a guarantee given by a limited partner of a limited partnership whereby they guarantee that if the business does not repay a loan or debt or obligation then they will pay the unpaid amount?
a personal guarantee
Which of the following correctly defines a petition for certiorari?
a petition asking the Supreme Court to hear a case
Your Business Law professor is giving a lecture about a former Supreme Court Case. In this case, all nine justices heard a case and five of them agreed that the petitioner won. However, three based their vote on a violation of the Equal Protection Clause and two based their vote on a violation of the Due Process Clause of the U.S. Constitution. What kind of decision did the justices come to?
a plurality decision
Which of the following best defines proximate cause?
a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions
A manufacturing plant in your city discharges gallons of pollutants into the local river each day. The plant is required to monitor its output, keep samples of the discharges, and keep records. The manufacturing plant is an example of ____________________.
a point source od water pollution
Jessie is a lawyer who has her own law firm and specializes in real estate law. Ken, a real estate developer, hires Jessie to represent him in the purchase of land. This is an example of which of the following?
a principal-independent contractor relationship
Sequestering is ___________ .
a process in which jurors are separated from family and others during jury deliberation
Something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product is called___________.
a product defect
Ashley is starting a new corporation called Stars, Inc. on behalf of her client. Ashley is organizing the corporation and starting the corporation herself. She's also working to find investors to finance the corporation. Ashley is which of the following?
a promoter
Which of the following refers to a person who can show that he or she has/is: 1. A physical (physiological) or mental (psychological) impairment that substantially limits one or more of his or her major life activities, such as walking, talking, seeing, hearing, or learning. 2. A history of such impairment, such as cancer. 3. Regarded as having such impairment even if he or she does not have the impairment?
a qualified individual with a disability
Brightscreen Corporation, a technology company, is an employer with 800 employees. A group of Hindu employees requests one day off to observe Diwali, a religious holiday. Brightscreen agrees—with so many employees, it would likely not cause an undue hardship on the employer to get other workers to cover for one day. Brightscreen Corporation has made which of the following?
a reasonable accommodation for religion
In which of the following does a party acknowledge in court that he or she will pay a specified sum of money if a certain event occurs?
a recognizance
An office assistant makes an error when typing a contract, and both parties sign the contract without discovering the error. Later, a dispute over the contract arises and the error is discovered. The court can change the contract to correct the clerical error to read as the parties originally intended. The court's change is an example of which of the following?
a reformation
The board members of Bluegold corporation are meeting to discuss the possibility of the voluntary dissolution of the corporation. The idea for voluntary dissolution is put forward by a member of the board. The idea is seconded by another board member, and then put to the vote of the entire board of directors. The idea passes, and Bluegold corporation is voluntarily dissolved. The vote that authorized the dissolution is called .
a resolution
You're going on a two-month-long road trip. Meanwhile, your house is listed for sale. You decide to give your brother the power to make decisions regarding the selling of your house while you are gone, including accepting offers to sell the house and signing documents and deeds necessary to sell the house. Which of the following did you confer on your brother?
a special power of attorney
The board of directors of National Corporation are considering a merger with another corporation. In this case, the board of directors would call
a special shareholders' meeting
The state of Florida has enacted the Lake Okeechobee Protection Act to protect Lake Okeechobee and the northern Everglades system. This law is an example of which of the following?
a state statute
Barney is a former member of an LLC who has disassociated himself. The LLC would like to give constructive notice of what happened, so they file the appropriate document with the secretary of state. This notice is effective against any person who later deals with Barney, whether the person was aware of the notice or not. This document is called .
a statement of disassociation
The state of New Mexico has a three-year statute of limitations for personal injury actions. On July 1, 2016, Walt negligently causes an automobile accident in Albuquerque, New Mexico, in which Jesse is injured. Jesse has until July 1, 2019, to bring a negligence lawsuit against Walt. If he waits longer than that, he loses his right to sue him. Which of the following does the scenario demonstrate?
a statute of limitations
Shannon owns 10,000 shares (10 percent) of the 100,000 outstanding shares of Greenwhite Corporation. If Greenwhite Corporation declares a dividend of 20 percent, Shannon will receive 2,000 shares. She now owns 12,000 shares—or 10 percent—of a total of 120,000 outstanding shares. Another name for the additional 2,000 shares Shannon received is .
a stock dividend
A cessation of work by union members in order to obtain economic benefits or correct an unfair labor practice is called .
a strike
At a golf tournament, one of the players negligently hits a spectator with a golf ball, knocking the spectator unconscious. While lying on the ground, waiting for an ambulance to come, the spectator is struck by a bolt of lightning and killed. The golfer is liable for the injuries caused by the golf ball. He is not liable for the death of the spectator, however. Which of the following defenses to the imposition of liability did the golfer most likely raise?
a superseding event
A requirement that a greater than majority of shares constitutes a quorum of the vote of the shareholders is called .
a supramajority voting requirement
Sophia, a college student, wants to purchase a new car. She goes to Star One Autos and finds exactly the car she wants, and she wants to finance the car. However, because Sophia is young and doesn't have much of a credit history, Star One Autos will not sell the car to Sophia on credit. Star One Autos requires Sophia to find a co-signer on the purchase and credit contract. Sophia asks her mother Saundra to co-sign on the agreement. If Saundra decides to sign the contract, that contract would be an example of which of the following?
a surety arrangement
Bruno and Nicole are putting together the articles of organization for their new LLC. In the articles of organization, they set for a date for the dissolution of the LLC. The articles of organization include the following language: "This LLC will be dissolved 50 years from the date of filing of the articles of organizations." Bruno and Nicole's LLC can best be described as .
a term LLC
One of your friends tells you a story about a day when one of the Supreme Court justices was ill and couldn't hear a case. Because of this, only eight justices heard the case. The petitioner had already won her case at the U.S. court of appeals. Four justices voted for the petitioner, and four justices voted for the respondent. What kind of decision did the justices come to?
a tie decision
Which of the following best defines the doctrine of res ipsa loquitur?
a tort in which the presumption of negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someone's negligence
Alex, the owner of the new restaurant Rock & Shore, says to Gemma, a painter, "If you paint my shop by July 1, I will pay you $3,000." If Gemma does not paint the shop by July 1, there has been no acceptance, and Alex cannot sue Gemma for damages. If Gemma paints the shop by July 1, Alex owes Gemma $3,000. If Alex refuses to pay, Gemma can sue Alex to collect payment. Which of the following was created when Alex extended the job offer to Gemma?
a unilateral contract
Which kind of contract meets all of the following characteristics? (1) consists of an agreement between the parties, (2) is supported by legally sufficient consideration, (3) is between parties with contractual capacity, and (4) accomplishes a lawful object
a valid contract
Under this test, if an agent commits an intentional tort within during working hours or on the principal's premises, the principal is liable for any injuries caused by the agent's intentional torts. Which test is this?
a work-related test
Khloe wins a $30,000 judgment against Kim. Kim refuses to pay the amount of the judgment to Kim. Khloe can obtain from the court whereby the court directs the sheriff to seize Kim's automobile and other property and have them sold at public auction to satisfy the judgment she owes Khloe.
a writ of execution
orders that wages, bank accounts, or other property of the breaching party that are in the hands of third parties be paid over to the nonbreaching party to satisfy a judgment.
a writ of garnishment
Sophia, a college student, wants to purchase a new car. She goes to Star One Autos and finds exactly the car she wants, and she wants to finance the car. However, because Sophia is young and doesn't have much of a credit history, Star One Autos will not sell the car to Sophia on credit. Star One Autos requires Sophia to find a co-signer on the purchase and credit contract. Sophia asks her mother Saundra to co-sign on the agreement and Saundra does. Saundra, the person who acts as a surety, is commonly called a(n) .
accommodation party
by ratification
acts of the agent are committed outside the scopes of his/her authority principal and third party are not bound by the contract unless the principal ratifies it go buy coke but go to Dif store, if say its okay to ratify
A contract that is either express or implied-in-fact is called an contract.
actual
CREATED BY GOVERNMENTS TO ENFORCE REGULATORY STATUTES
administrative agencies
The U.S. government has created governmental bodies including the Federal Deposit Insurance Corporation (FDIC), the Central Intelligence Agency (CIA), and the Environmental Protection Agency (EPA). These governmental bodies are examples of _____________.
administrative agencies
what is referred as the 4th branch of government
administrative agencies
Extreme Corporation has just failed to file an annual report and did not pay its franchise fee. The secretary of state can now obtain because Extreme Corporation has failed to comply with certain procedures required by law.
administrative dissolution
_________________ is law enacted by governments that regulates industries and businesses and professionals.
administrative law
You are an employee of an administrative agency. Your main responsibility is to preside over administrative proceedings and decide questions of law and fact concerning cases. Your decisions are issued in the form of administrative orders, and these orders become final if they are not appealed. Your title is best described as _________________.
administrative law judge
In the course of investigating and prosecuting possible violations of a statute, an administrative agency needs to obtain information from the people and businesses under investigation. Sometimes, the required information is not readily supplied. In order to obtain the necessary information for the investigation, an administrative agency can issue a(n) ___________________ to a business or person subject to its jurisdiction.
administrative subpoena
__________________ food is food that consists in whole or in part of any filthy, putrid, or decomposed substance or is otherwise unfit for food.
adulterated
TENDER PERFORMANCE (READY AND ABLE)
aka (READY AND ABLE) not allowed on land so you can't complete the performance
intentional misrepresentation
aka fraud/deceit
settlement conference
aka pretrial hearing
COMPLETE PERFORMANCE
akan (STRICT PERFORMANCE) done everything in the contract
motion for judgement of the pleadings
alleges that if all the facts are presented are taken as true, the party making the motion would win
A visa that allows U.S. employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment is called .
an EB-1 visa
A visa that allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations is called .
an H-1B visa
A buyer offers to purchase 40 pairs of red stilettos from a seller. The seller's red stilettos are temporarily out of stock. The seller sends the buyer 40 pairs of silver stilettos and notifies the buyer that these stilettos are being sent a replacement. The buyer is free either to accept or to reject the silver stilettos. The seller's shipment of nonconforming goods is an example of which of the following?
an accommodation
A formal judicial proceeding in which the court is authorized to (1) review the partnership and the partners' transactions and (2) award each partner his or her share of the partnership assets is called .
an action for an accounting
Legislature enacts a statute ... what happens as a result
an administrative agency is created to administer and enforce the statute
Pam Holden is the receptionist at Grade A Paper Company. Pam works on a salary or fee basis, and her primary duty is to perform office work. Her work also includes the exercise of discretion and independent judgment with respect to matters of significance. Pam has which of the following exemptions from minimum wage and overtime pay requirements?
an administrative employee exemption
Alisa has just joined the faculty at an Ivy League university. As a part of her hiring process, Alisa learns that she does not have to join the union if she does not want to. However, if she doesn't join the union, she must pay a fee to the union. Alisa's university would be considered which of the following?
an agency shop
Which of the following best describes the First Amendment to the U.S. Constitution?
an amendment to the U.S. Constitution that guarantees freedom of speech, freedom to assemble, freedom of the press, and freedom of religion
The defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff is called ______________.
an answer
A breach that occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due is called .
an anticipatory breach
Which of the terms below is often used in addition to the words writing and record and thus recognizes that UCC contracts and other information may be sent or stored by electronic means rather than in tangible writings?
an electronic record
The National Quidditch Association (NQA) is an organization for a sport where the players ride broomsticks. The National Quidditch Players Association, a labor union, represents the players. In the year 2020, after a collective bargaining agreement had expired and the owners and players could not reach an agreement, the NQA owners prevented employees from entering the work because they (reasonably) anticipated a strike. This scenario is an example of which of the following?
an employment lockout
Lindsey works for a textbook publishing company. On her way to a business lunch for her employer, Lindsey is injured in an automobile accident. Lindsey's injury is covered by workers' compensation because her injury is .
an employment-related injury
The United States Forest Service is planning a large-scale timber harvest in a national park in the western United States. It will have significant impacts on the natural environment in the area where the harvest will take place as well as the surrounding areas. As a prerequisite to proposing this legislation, the federal government must prepare ______________________.
an environmental impact system
A professor is covered by her university's workers' compensation insurance. While teaching her class, the professor is injured when the projector screen in her classroom breaks and falls on her head. In this case, the professor's sole remedy is to recover workers' compensation. The professor cannot sue the university to recover damages because workers' compensation is considered .
an exclusive remedy
Your friend Buffy signs a contract to purchase a new BMW automobile from Luxury Motors. She has not yet paid for the car, and Luxury Motors has not yet delivered the car to Buffy. Buffy's contract is an example of which of the following?
an executory contract
You make an verbal agreement to purchase your next-door neighbor's red bicycle. Your agreement is an example of which of the following?
an express contract
The following elements must be established to create a certain type of contract: 1. The plaintiff provided property or services to the defendant. 2. The plaintiff expected to be paid by the defendant for the property or services and did not provide the property or services gratuitously. 3. The defendant was given an opportunity to reject the property or services provided by the plaintiff but failed to do so. These elements are part of which kind of contract?
an implied-in-fact contract
Tom is opening a new nightclub. He hires Andy to work as a fire baton twirler. Tom cannot avoid liability if Andy gets hurt because working with fire is considered .
an inherently dangerous activity
Grace is a professional soccer player. She enters into a ten-year employment contract with a professional soccer team. However, later, Grace breaches the contract and enters into a contract to play for a competing professional soccer team. Here, the first team can obtain to prevent Grace from playing for the other team during the remaining term of the original contract.
an injunction
A member of the board of directors who is also an officer of the corporation is called .
an inside director
Slick is a car salesperson. Tim employs Slick to sell his car and tells Slick that he made sure to repair the car after it was involved in a major accident. However, when Slick goes to sell the car, he intentionally tells the buyer that the car was never involved in an accident. Slick has made/done which of the following?
an intentional misrepresentation
You're observing a case in a state court system. You watch while they review the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial court's decision. No new evidence or testimony is permitted. Which state court system are you observing?
an intermediate appellate court
A printer and a publishing company enter into a contract whereby the printer agrees to ship the printed books out to the publishing company's customers. However, the contract does not specify a shipper. In this case, the seller is obligated to make the shipping arrangements under which of the following types of open terms?
an open delivery term
An agreement entered into among members that governs the affairs and business of the LLC and the relations among members, managers, and the LLC is called .
an operating agreement
Cedar Point, a very popular theme park, wants to open a new location in California but first needs to acquire land for the park. Cedar Point employs Saul Greenman as an agent to work on its behalf to acquire the needed property. They enter into an express agreement that Saul will not tell a third-party seller that Cedar Point is the principal because they suspect that if a seller were aware Cedar Point is the principal, the seller would raise the price of the property. If a seller agrees to sell the needed land and the agent signs his name "Saul Greenman," Cedar Point then becomes which of the following?
an undisclosed principal
Harry is a new partner who's just been admitted to a general partnership. Harry was admitted as a new general partner by investing a $200,000 capital contribution. When he's admitted to the company, the company owes $1 million in debts. If the general partnership goes bankrupt and out of business still owing both debts, Harry is liable for the existing debts and obligations of the partnership only to the extent of his capital contribution ($200,000). What are these existing debts and obligations ($1 million in the scenario) called?
antecedent debts
Agency that arises when a principal creates the appearance of an agency that in actuality does not exist is called .
apparent agency
A nonjudicial, private resolution of a contract dispute is called .
arbitration
Two parties are engaged in a legal dispute. In order to reach a settlement of their dispute, the parties choose an impartial third party to hear and decide the dispute. What kind of alternative dispute resolution does the scenario describe?
arbitration
Janae is a shareholder in Major Corporation. In order to pay for her wedding, Janae sells some of her shares. This scenario demonstrates that corporate shares .
are freely transferable
Ryan and Carly are planning to enter into a limited partnership in which neither the general partners nor the limited partners have personal liability for the debts and obligations of the partnership. They agree that debts of the partnership are solely the responsibility of the partnership, not of the general or the limited partners. In order to organize their partnership under state law, Ryan and Carly need to file with the secretary of state's office.
articles of limited liability limited partnership
Utah Corporation, an LLC, has not been continued, so the LLC is wound up. The assets of an LLC that are being dissolved must be applied to first pay off the creditors; thereafter, the surplus amount is distributed to the members in equal shares, unless the operating agreement provides otherwise. After the dissolution and winding up, Utah Corporation will file _________ with the secretary of state.
articles of termination
A 6-foot-5-inch, 250-pound person makes a fist and threatens to punch a 5-foot, 100-pound person. The threatened person is afraid that he or she will be physically harmed, so that person decides to sue the threatening person to recover damages. Which of the following torts applies to this scenario?
assault
QualityDrugs, a prescription drug manufacturer, warns of the dangerous side effects of taking a prescription drug on the side of each bottle. A user is injured by a disclosed side effect. QualityDrugs is not liable for product liability under which of the following defenses?
assumption of the risk
Which of the following can a defendant use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury?
assumption of the risks
apparent
authority is created when the principal leads a third party to believe that the agent has authority principal and third party are bound to the contract led to believe principal and agent relationship , refer Gardner or something
express
authority is expressly given to the agent by the principal (specifically tell them) principal and third party are bound to the contract written or oral
Massive Corporation, a new company, is working on its articles of incorporation. One of the things the company decides in the articles is the number of shares the corporation is authorized to issue. These shares are called shares.
authorized
crashworthiness doctrine
automobile manuf. are under a duty to design cars to keep in mind of a "second collision" (something in the car that hurts them)
US Law:
based off English common law as well as some Spanish and French civil law influence contiries is business w USA must obey our laws
POM WONDERFUL LLC V. COCA-COLA COMPANY decision
basically coke said that they were selling pomegranate but it was so diluted it was much cheaper than pom wonderful - ruled as unfair competition
At a party a man poisons the drink of his neighbor. The man wants revenge for the hideous color his neighbor painted his house. The neighbor gets very sick and needs to go to the hospital. The sick neighbor can sue the man who poisoned his drink for which of the following?
battery
bilateral treaty
between 2 nations
3 types of treaties
bilateral multilateral convention
An agreement between the parties to a dispute whereby they agree that the decision and award cannot be appealed to the courts is called .
binding arbitration
A burden a plaintiff bears to persuade the trier of fact of the merits of his or her case is called the _________.
burden of proof
administrative agencies
by creating rules and regulation it creates administrative law range from large complex ones to local zoning boards
You've just been elected to the board of directors at Mega Corporation. At your meeting on Thursday, you and the other board members have an agenda to meet to discuss the time and place of the annual shareholders' meeting, how special meetings of shareholders are called, and the required vote necessary to enact a corporate matter. The decisions the board makes about these matters are called .
bylaws
The obligation partners owe to use the same level of care and skill that a reasonable person in the same position would use in the same circumstances is called a duty of/to .
care
Sales transactions in the United States used to be guided by the principle of _______________, or "let the buyer beware."
caveat emptor
Pam and Marian have formed a limited partnership in the state of Massachusetts. Their business does well, and as it continues to expand, they would like to transact business in New Hampshire and Connecticut as well. They file applications with the secretaries of state in New Hampshire and in Connecticut. If their applications conform to those states' laws, Pam and Marian's partnership will be issued a .
certificate of registration
• UNILATERAL CONTRACT
changes when you can sue for breach of contract • OFFEROR'S OFFER CAN BE ACCEPTED ONLY BY THE PERFORMANCE OF AN ACT BY THE OFFEREE promise for performance $100 to mow lawn once lawn is mowed the contract is formed
bilateral contract
changes when you can sue for breach of contract • OFFEROR'S PROMISE IS ANSWERED WITH THE OFFEREE'S PROMISE OF ACCEPTANCE • NO ACT OF PERFORMANCE IS NECESSARY promise for promise promise to pay $100 if they promise to mow the
all the different powers of an administrative agency is the idea of
checks and balances
Your daughter is 14 and wants to apply for a job as a hostess at a local chain restaurant. Your daughter is legally allowed to do so under which of the following?
child labor laws
Three individual employees of Wal-Mart Stores, Inc. brought a lawsuit against Wal-Mart alleging that it systematically engaged in sex discrimination against females in violation of federal employment law. The U.S. Supreme Court refused to grant certification because the class would consist of more than 1.5 million claimants spread over more than 3,400 stores in a multitude of different jobs involving thousands of supervisors over varying time periods. What kind of lawsuit did the three Wal-Mart employees bring?
class action law suit
Which of the following best describes the Privileges and Immunities Clauses?
clauses contained in Article IV of the U.S. Constitution and the Fourteenth Amendment to the U.S. Constitution that prohibit states from enacting laws that unduly discriminate in favor of their residents
Under a(n) , an employer agrees to hire only employees who are already members of a union, and the employer cannot hire employees who are not members of a union.
closed shop
If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this constitutes , in violation of Title VII
color discrimination
A small country in South America has several state-owned enterprises for which it wants to raise capital. It does so by selling 20-year bonds to investors in the United States. Since the bonds are sold to bondholders in the U.S., the government of the South American country is involved in commercial activity in the U.S. If the country defaults and does not pay the bondholders the interest on the bonds, the bondholders can sue the South American country in U.S. court. The exception to the Foreign Sovereign Immunities Act (FSIA) the bondholders could sue under is called the _____________________.
commercial activity
AutoWorld, an automobile manufacturer, produces a car with a hidden defect. Susan purchases the car from an automobile dealer. Susan is later injured in an automobile accident in which the defect is found to be 75 percent responsible for the accident, and Susan's reckless driving is found to be 25 percent responsible. Susan suffers $1 million worth of injuries and recovers $750,000 from the defendants. The scenario is an example of which of the following?
comparative negligence
SalesCorp enters into a written contract to employ Maria as a chief operations officer of the company for two years, at a salary of $20,000 per month. After one year at work, SalesCorp informs Maria that her employment is terminated. This is a material breach of the contract. If Maria is unable to find a comparable job, she can sue SalesCorp and recover the salary for the remainder of her contract as .
compensatory damages
Leslie, an agent, works as a salesperson for Ben, a principal, who owns a furniture carpentry business. Leslie's job is to sell the Ben's furniture to retail shops and other purchasers. While doing so, Leslie also works as a salesperson for a competing furniture seller. This example demonstrates a conflict of interest; Leslie has violated her duty of loyalty because agents are prohibited from .
competing with the principal
Dina, who owns a women's retail store, contracts to purchase a large volume of cocktail dresses from a manufacturer for $75,000. At the time of performance, Dina pays the $75,000. She has performed her obligation under the contract once she tenders the $75,000 to the manufacturer. The manufacturer ships the cocktail dresses to Ashley when required to do so and Ashley accepts the cocktail dresses. This is an example of which of the following?
complete performance
The janitorial staff at your college is in the collective bargaining process. In their first meeting, they decide to negotiate hours and wages. Hours and wages are examples of which of the following?
compulsory subjects
Target, a major retailer, contracts with FlyLite, a major manufacturer of personal flight devices, to purchase one million of the first personal hoverboards produced by FlyLite at $200 per hoverboard. FlyLite plans to sell these hoverboards in its stores nationwide at $500 each, and FlyLite is aware that Target intends to resell the hoverboards. The popularity of the hoverboards guarantees that all those purchased by Target will be sold. However, due to mismanagement, FlyLite breaches this contract and fails to deliver the hoverboards to Target. Target cannot purchase the hoverboards elsewhere because FlyLite holds the copyright and trademark on the hoverboards. Therefore, Target can recover the lost profits on each lost sale as _________ from FlyLite—that is, the difference between the would-be sales price of the hoverboards ($500) and the purchase price of each ($200).
consequential damages
For a contract to be enforceable, something of legal value must be given in exchange for a promise. Money, personal property, real property, provision of services, and the like, qualify as consideration. To which element of an enforceable contract does the scenario refer?
consideration
Notice of the termination of an agency to any third party who has knowledge of the agency but with whom the agent has not dealt is called .
constructive notice
John Smith was the owner of a corporation in 1912 that sold meat products to consumers. However, in order to stretch the supply of his product, he also mixed in other ingredients that were both filthy and unfit for food. In that time, sales transactions were guided by the principle of caveat emptor, or "let the buyer beware," so the responsibility was on the consumer to avoid unsafe products and not on the business to produce safe products. It was in response to this kind of corporate behavior that federal and state governments in the United States enacted a variety of statutes regulating the safety of food, drugs, cosmetics, toys, vehicles and other products, which are collectively referred to as ____________________.
consumer protection laws
A PROMISE OR A SET OF PROMISES FOR THE BREACH OF WHICH THE LAW GIVES A REMEDY OR THE PERFORMANCE OF WHICH THE LAW IN SOME WAY RECOGNIZES A DUTY
contract allows you to now do business w people you don't know bc before it was just a handshake can be very simple or very complex
Liability of principals and agents for contracts entered into with third parties is called .
contract liability
The court can appoint legal guardians or other representatives to handle the affairs of insane persons, minors, and others who cannot appoint agents. With court approval, these representatives can enter into enforceable contracts on behalf of the persons they represent. Those who cannot appoint agents, like those in the scenario, lack __________.
contractual capacity
AutoWorld, an automobile manufacturer, produces a car with a hidden defect. Susan purchases the car from an automobile dealer. Susan is later injured in an automobile accident in which the defect is found to be 75 percent responsible for the accident, and Susan's reckless driving is found to be 25 percent responsible. Which of the following means that Susan, the plaintiff, cannot recover damages from AutoWorld, the defendant?
contributory negligence
Miyu owns preferred stock in Major Corporation. She learns that the corporation's common stock has significantly increased in value, so she changes her preferred stock into common stock. Which kind of preferred stock did Miyu own?
convertible preferred stock
Your mother employs a real estate agent to sell her house. Your mother owes a duty to allow the agent to show the house to prospective purchasers during reasonable hours. Your mother's duty is called a duty to .
cooperate
Sliced Bread Inc. is a corporation based in the United States of America. To improve the society in which it exists, Sliced Bread Inc. pays its fair share of taxes and directs other funds to subsidize schools and help educate children. The actions that Sliced Bread Inc. is taking are an example of the _____________ theory.
corporate citizenship
The True Blue Corporation issues preferred stock that requires the payment of a quarterly dividend of $2.00 per share. The True Blue Corporation falls behind with six quarterly payments—$12.00 per share of preferred stock. The next quarter, the corporation makes a profit of $14.00 per share. The corporation must pay the $12.00 per share of arrearages to the preferred shareholders plus this quarter's payment of $2.00 per share. Thus, the common shareholders receive nothing. Which kind of preferred stock is the True Blue Corporation issuing?
cumulative preferred stock
Suppose Dawn owns 1,500 shares of a corporation. Assume that two directors are to be elected to the board. Dawn can multiply the number of shares she owns (1,500) by the number of directors to be elected (two). She can cast all the resulting votes (3,000) for one candidate or split them among candidates as she determines. This means that, for the corporation in which Dawn owns shares, their articles of incorporation provide for for the election of directors.
cumulative voting
A long-term unsecured debt instrument that is based on a corporation's general credit standing is called a .
debenture
BORROWER IN A CREDIT TRANSACTION
debtor
An instrument that gives a creditor a security interest in the debtor's real property that is pledged as collateral for a loan is called a .
deed of trust
INSTRUMENT THAT GIVES A CREDITOR A SECURITY INTEREST IN THE DEBTOR'S REAL PROPERTY THAT IS PLEDGED AS COLLATERAL FOR A LOAN
deed of trust
One of your former clients publishes an article about you, and it includes the sentence "My lawyer has been disbarred from the practice of law," when you have not been disbarred. Your client could now be sued for which of the following?
defamation of character
SUPERSEDING OR INTERVENING EVENT
defense to negligence AN EVENT FOR WHICH DEFENDANT IS NOT RESPONSIBLE tornado/hurricane , hit someone w golf ball but when unconscious gets struck w lighting , only responsible for ball damages
assumption of risk
defense to negligence DEFENSE THAT A DEFENDANT CAN USE AGAINST A PLAINTIFF WHO KNOWINGLY AND VOLUNTARILY PARTICIPATES IN A RISKY ACTIVITY THAT RESULTS IN INJURY bungee jumping, skydiving, baseball game
CONTRIBUTORY NEGLIGENCE
defense to negligence PLAINTIFF WHO IS PARTLY AT FAULT FOR HIS OR HER OWN INJURIES CANNOT RECOVER AGAINST NEGLIGENT DEFENDANT old speeding and hit someone while they were crossing "do not walk"
COMPARATIVE NEGLIGENCE
defense to negligence • DAMAGES APPORTIONED ACCORDING TO FAULT • PURE COMPARATIVE NEGLIGENCE • PARTIAL COMPARATIVE NEGLIGENCE (TEXAS >50% RULE) new drunk driving but someone walks out in the middle of the highway
The _______________ is a doctrine that says when administrative agency is created, it is delegated certain powers; the agency can use only the legislative, judicial, and executive powers that are delegated to it.
delegation doctrine
Express notice of the termination of an agency that needs to be given to all persons with whom the agent dealt is called .
direct notice
A competitor of Tesla Motors tells a prospective customer that "Tesla cars get terrible gas mileage," when, in fact, he knows the opposite is true. The competitor is likely liable for which of the following?
disparagement
SalesCorp Inc. has an opening for an executive position. SalesCorp Inc.'s job posting for the position includes a rule that all applicants must be at least 5 feet 10 inches tall. This looks like a neutral rule, because it applies to both males and females. However, height is unrelated to the performance of an executive position and eliminates many more females than males from being hired or promoted to an executive position. As a result, SalesCorp Inc.'s rule is an example of sex discrimination, in violation of Title VII.
disparate-impact
A form of discrimination that occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion is called discrimination.
disparate-treatment
Danez, Meghan, and Emily are all members of Poets Speak Out LLC. Each owns a one-third interest in the LLC, and they agree to divide the distributions equally in one-third portions. Danez then sells his one-third interest to Katherine, who is not a member of the LLC. The LLC makes $60,000 in profits. Katherine is now entitled to receive one-third of the distributions ($20,000). In this scenario, Danez has transferred his to Katherine.
distributional interest
Harry, a resident of the state of Massachusetts, is driving his automobile in New York when he negligently hits an automobile driven by Hermione, a resident of the state of California. Mary is injured in the accident. Which of the following terms apply to this scenario?
diversity of citizenship
The _____________________ is a doctrine stating that countries are granted immunity from suits in courts of other countries.
doctrine of sovereign immunity
A limited partnership in the state in which it was formed is called a limited partnership.
domestic
agents duties
duty to account duty to notify duty to perform
principals duties
duty to indemnidy duty to reimburse duty to cooperate duty to compensate
Amanda is a general medical practitioner in a rural area who makes house calls. Amanda is held to the standard of a reasonable general practitioner in rural areas. As an agent, this standard is a part of Amanda's .
duty to perform
Two parties are in a legal dispute. One of the parties registers her dispute with an online service and then notifies the other party by e-mail of the registration of the dispute. The registering party submits an amount she is willing to accept or pay to the other party. The other party is afforded the opportunity to accept the offer. If that party accepts the offer, a settlement has been reached; however, the other party may return a counteroffer. The process continues until a settlement is reached or one or both parties remove themselves from the online process. The scenario best describes which of the following?
e-arbitration
Two parties in a legal dispute sit before their computers and sign on to the website. A chat room is assigned to each party and a neutral third party, and another is set aside for both parties and the neutral third party together. The individual chat rooms are used for private conversations with the neutral third party, and the other chat room is for conversations between both parties and the neutral third party. The scenario best describes which of the following?
e-mediation
CERTAIN POWERS DELEGATED TO THE FEDERAL GOVERNMENT BY THE STATES
enumerated powers
An appellate court reverses a lower court decision because it finds prejudicial evidence was admitted that was obtained through an unconstitutional search and seizure. The scenario is an example of which of the following?
error of law
The CEO of a multinational corporation that produces mouthwash is asked about his philosophies in an interview and states that in his personal and business life, he makes decisions of an ethical nature based on his own opinions of what is right and wrong. The CEO's philosophy can best be described as ___________.
ethical relativism
Federal and state laws prohibit murdering another person. If a person murders another person, then he is violating federal and state laws, and ethics would also prohibit murdering another person. The intertwined nature of ______________ is/are represented by this scenario.
ethics and the law
The _______ is a single monetary unit that has been adopted by many countries of the EU that comprise the eurozone.
euro
A long-arm statute does which of the following?
extends a state's jurisdiction to nonresidents who were not served a summons within the state
USURPING AN OPPORTUNITY
failed to inform of an opportunity
A fast-food restaurant called Paunchy Burger runs an ad campaign in which one of the actresses says that the chain's Mega-Burger, which contains over 2,000 calories, is a "cornerstone of a healthy, balanced diet." The FTC, finding this advertising in violation of Section 5 of the FTC Act, reaches an agreement with Paunchy Burger such that the chain stops running the ads. The Mega-Burger ad is an example of _______________________.
false and deceptive advertising
At the grocery store, you notice a new brand of cereal. The front of the box says, "TotallyGood Crunch," and text in a callout reads, "boosts your immune system." Although the cereal contains some vitamins and antioxidants, consuming TotallyGood Crunch won't actually prevent you from becoming ill. The "boosts your immune system" claim on the TotallyGood Crunch box is an example of ___________________.
false and misleading labeling
article 3 of the US constitution
fed gov judicial power is vested in one Supreme Court, authorizes inferior courts
_________________are government agencies created by the U.S. Congress that have broad regulatory powers over key areas of the national economy.
federal administrative agencies
The federal Clean Water Act regulates the quality of water and restricts water pollution. The federal National Labor Relations Act establishes the right of employees to form and join labor organizations. These two acts are both examples of .
federal statutes
Which of the following is a rule that provides that the income and losses of a sole proprietorship, general partnership, limited partnership, limited liability company, limited liability partnership, and S corporation are reported on the owner's personal income tax return?
flow-through taxation
adulterated food
food made with products that aren't what they say they are "filty, putrid or decomposed substance" "unfit for food"
maximizing profits
for the owners to make money aka shareholders
Quality Motor Company is incorporated in California. It conducts business in Oregon, where its headquarters are located, and it distributes vehicles in both California and Oregon, as well as all the other US states. In Oregon, Quality Motor Company would be considered a(n) corporation.
foreign
Giant Corporation Inc. is headquartered in the state of California. California, in order to protect California's ocean shores from pollution, enacts a state law that places a 10% tax on all water bottle sales in the state, whether the water is imported from foreign countries or bottled from a source in the United States. This law does not violate the _______________________ because it does not treat foreign commerce any differently than domestic commerce.
foreign commerce clause
Jill and Anna have formed a limited partnership in the state of Michigan. Their business does well, and as it continues to expand, they would like to transact business in Indiana and Ohio as well. They file an application with the secretaries of state in Indiana and Ohio, and because their application conforms to those states' laws, they are issued a certificate of registration. In Indiana and Ohio, Jill and Anna's partnership would be considered a .
foreign limited partnership
You are a researcher of American television shows and discover that a contentious relationship existed between the FCC and a popular but raunchy television program that aired during the late 1990s. In order to substantiate the claims you make in your research, you require hard proof that the FCC made complaints against the television show. To obtain documents related to these complaints, you could file a request under the __________________.
freedom of information act
Jennifer, a salesperson, is on an assignment for her employer in San Jose, California. She then deviates from her assignment and decides to drive up to San Francisco to meet a friend for lunch. On the way there, Jennifer is involved in an accident. Jennifer's employer would not be liable because Jennifer's negligence actions stemmed from which of the following?
frolic and detour
An agency in which a contracting third party knows (1) that the agent is acting for a principal and (2) the identity of the principal is called a(n) .
fully disclosed agency
A citizen publishes an article in an American magazine criticizing President Obama's use of drones in the Middle East. This is an example of which of the following?
fully protected speech
Cheryl, a female employee at Big Business Corporation, applies for an open management position within the company. The person in charge of the hiring committee calls Cheryl into his office and tells her that he won't be promoting Cheryl because he's concerned that her menstrual cycle will negatively affect her ability to make important decisions. Big Business Corporation's refusal to promote Cheryl in this scenario is an example of which of the following types of discrimination?
gender discrimination
_______________ consists of laws that regulate businesses and industries collectively.
general government regulation
Fred and George are starting a business. They have agreed to enter into the business together. They agree that their business is an association of two or more persons carrying on a business as co-owners for profit. Fred and George are which of the following?
general partners
An association of two or more persons to carry on as co-owners of a business for profit is called a .
general partnership
Because it is a known fact that guns shoot bullets, manufacturers and sellers of guns do not have to place a warning on the barrel of a gun. Which of the following defenses to the imposition of liability would a gun manufacturer most likely use?
generally known dangers
Bobby Newman is the manager at a new technology company. He's in the process of interviewing candidates for a new Program Manager position. He interviews Shannon for the position. After the interview is over, Shannon casually mentions that heart disease runs in her family. Bobby decides not to hire Shannon because he's concerned that she might inherit her family's heart disease and require expensive medical care and extensive time off work. Bobby Newman is engaging in which of the following types of discrimination?
genetic information discrimination
Two parties consent to a contract. However, in court, it's found that one of the parties obtained consent through duress. This scenario exemplifies which of the following defenses to the enforcement of contracts?
genuineness of assent
DEFENSES TO THE ENFORCEMENT OF A CONTRACT
genuineness of assent writing and form
In the year 2090, zombies have become a threat. A weapons manufacturer produces a flamethrower to U.S. Army specifications. However, the weapon is released too soon and is defective and begins to cause injuries. The weapons manufacturer is not liable under which of the following defenses to the imposition of liability?
government contractor defense
Lewd remarks, offensive or sexually or racially oriented jokes, name calling, slurs, intimidation, ridicule, mockery, and insults or put-downs are examples of .
harassment
criminal law:
how individual should act with society
WHEN WILL THE COURTS COME IN
if it is a shockingly bad deal
SELF-DEALING
if they have a personal interest
are subjects of collective bargaining that cannot be discussed by management and labor unions and cannot be included in a collective bargaining agreement.
illegal subjects
ADMINISTERED BY U.S. CITIZENSHIP AND IMMIGRATION SERVICES(USCIS)
immigration law
______ is the act of being sworn in as a juror to hear a case.
impanel
Jamie employs a real estate broker to sell their house. A water pipe breaks and begins to leak water into the house. When Jamie can't be reached, the real estate broker then has the authority to hire a plumber to repair the pipe to stop the water leak. Jamie is responsible for paying for the repairs. The real estate broker has which of the following types of agency?
implied agency
A warranty of an agent who enters into a contract on behalf of another party that he or she has the authority to do so is called .
implied warranty of authority
An equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed is called the doctrine of .
implied-in-law contract
A situation where an agency terminates because a situation arises that makes the fulfillment of the agency out of the question is called termination of an agency by .
impossibility of performance
Information that is learned by an agent that is attributed to the principal is called .
imputed knowledge
To form a corporation, the organizers must follow the requirements set forth by the corporation code of the state in which the corporation is to be incorporated. This process is called .
incorporating a corporation
healthcare reform act
incr the number of persons who have healthcare and provides new protections for the insured to stop from insurance abuses
The right of a partner to be reimbursed for expenditures incurred on behalf of the partnership is called .
indemnification
A principal owes a duty to compensate the agent for any losses the agent suffers because of the principal's conduct. This duty is called a duty to .
indemnify
CONSUMER PRODUCT SAFETY COMMISSION (CPSC): EMPOWERED TO:
independent fed admin agency • ADOPT RULES AND REGULATIONS TO INTERPRET AND ENFORCE THE CPSA • CONDUCT RESEARCH ON THE SAFETY OF CONSUMER PRODUCTS • COLLECT DATA REGARDING INJURIES CAUSED BY CONSUMER PRODUCTS • ISSUE PRODUCT SAFETY STANDARDS FOR CONSUMER PRODUCTS (if they pose unreasonable risk of injury, aka carseats have to withstand certain pressure)
Joshua is a new employee at the headquarters of a company that produces baked goods. Recently, he has noticed a sense of fatigue after work, even though his job is not physically demanding, and he frequently has a headache by lunchtime. Joshua's illnesses at work may be caused by exposure to ___________________.
indoor air pollution (sick building syndrome)
Even though a defendant's negligent act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers ________
injury
defamation of character
intentional torts FALSE STATEMENT(S) MADE BY ONE PERSON ABOUT ANOTHER has to be factual and not an opinion
libel
intentional torts FALSE STATEMENTS THAT APPEAR IN MEDIA and print • PLAINTIFF MUST PROVE THAT: • DEFENDANT MADE AN UNTRUE STATEMENT OF FACT ABOUT PLAINTIFF • STATEMENT WAS INTENTIONALLY OR ACCIDENTALLY PUBLISHED TO A THIRD PARTY made available to third party
TORTIOUS INTERFERENCE WITH A CONTRACT
intentional torts • A KNOWS THAT B & C HAVE A CONTRACT • A INDUCES B TO BREACH THE CONTRACT • C CAN SUE A FOR TORTIOUS INTERFERENCE must prove untrue statement, published to 3rd party, knew statement was not true, made maliciously
false imprisonment
intentional torts • INTENTIONAL CONFINEMENT OR RESTRAINT OF ANOTHER PERSON WITHOUT AUTHORITY OR JUSTIFICATION AND WITHOUT THAT PERSON'S CONSENT BY: • PHYSICAL FORCE • BARRIERS • THREATS OF PHYSICAL HARM • FALSE ARREST locks door w none others locked not obliged to put yourself in danger to escape
• SHOPLIFTING AND MERCHANT PROTECTION STATUTES
intentional torts • MERCHANTS MAY STOP, DETAIN, AND INVESTIGATE SUSPECTED SHOPLIFTERS WITHOUT BEING HELD LIABLE FOR FALSE IMPRISONMENT IF: • THERE ARE REASONABLE GROUNDS FOR SUSPICION • SUSPECTS ARE DETAINED FOR ONLY A REASONABLE TIME • INVESTIGATIONS ARE CONDUCTED IN REASONABLE MANNER common big stores call cops and let them handle it
assault
intentional torts • THREAT OF IMMEDIATE HARM OR OFFENSIVE CONTACT • ANY ACTION THAT AROUSES REASONABLE APPREHENSION OF IMMINENT HARM - ACTUAL PHYSICAL CONTACT IS UNNECESSARY act like you're gonna punch someone, or the threat
Kate is a professional soccer player, and she signs a five-year contract to play soccer for a professional team. Two years into the contract, another professional soccer team, with full knowledge of Kate's contract with the other team, offers Kate twice the amount of money that she is currently making to breach her contract and sign and play with the second soccer team. Kate then breaches her contract and signs to play for the second team. The first team can recover tort damages—including punitive damages—from the second team for the tort of .
interference with contractual relations
_______________ is law that governs affairs between nations and that regulates transactions between individuals and businesses of different countries.
international law
A federal administrative agency has decided to interpret existing statutory language and has issued a statement of policy that details what the agency intends to do in the future. This is an example of an administrative agency issuing a(n) ________________.
interpretive rule
law and ethics
intertwined right and wrong • RULE OF LAW AND RULE OF ETHICS MAY DEMAND THE SAME RESPONSE (stealing) • LAW MAY PERMIT AN ACT THAT IS ETHICALLY WRONG (pollution) • LAW MAY DEMAND CERTAIN CONDUCT, BUT A PERSON'S ETHICAL STANDARDS ARE CONTRARY(stole to prevent someone from dying)
Secretly taking photos of another person with a cell phone camera in a men's or women's locker room constitutes .
invasion of the right to privacy
_____________ is that which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
law
After the Norman Conquest of England in 1066, William the Conqueror and his successors began to replace various local laws with one uniform system of law. To accomplish this, the king or queen appointed loyal followers as judges in all local areas. These judges were charged with administering the law in a uniform manner. What were these courts called?
law courts
sociological school
law is a means of achieving and advancing certain goals "realists", unlikely to adhere to past laws as precedent
command school:
law is a set of rules developed, communicated and enforced by the ruling party, law changes as the ruling class changes
Historical School
law is an aggregate of social traditions and customs developed over centuries
Natural Law school
law is based on what is "correct". emphasizes "moral law theory" (based on morality and ethics), discovered through humans by reasoning and choosing between good and evil
analytical school
law is shaped by logic
critical legal studies school
legal roles are unnecessary and are used as an obstacle by the powerful to maintain the status quo, subjective decisions by judges would be okay
how do administrative agencies work
legislature enacts a statute and the administrative agency administrates it agencies are created to admit statutes and make rules
A(n) is a document that is issued by a bank on behalf of a buyer who purchases goods on credit from a seller that guarantees that if the buyer does not pay for the goods, then the bank will pay the seller.
letter of credit
Liability that is imposed on a party even though he or she has exercised all possible care and has not been at fault for the injuries suffered by the plaintiff is called_________ .
liability without fault
You are about to become a doctor, but before you do, you must send a detailed application to your state's medical regulatory body. The agency also will accept your letters of recommendation. In this instance, you are applying for a(n) _____________ from your state's medical regulatory body to practice medicine.
license
WRITTEN DOCUMENT SIGNED BY A CONTRACTOR, SUBCONTRACTOR, LABORER, OR MATERIAL PERSON, WAIVING HIS OR HER STATUTORY LIEN AGAINST REAL PROPERTY
lien release
Chris and Christie, brother and sister, form C&C, an LLC, to own and operate a business. Each contributes $20,000 capital. While driving around the local community on LLC business, Chris accidentally hits and injures a pedestrian, Angela. Angela can recover damages for her injuries from Chris personally because he committed the negligent act. She can also recover damages from C&C, LLC, because Chris was acting within the scope of ordinary business when the accident occurred. Christie is only liable up to her $20,000 capital. This is because Christie, as a member, has .
limited liability
Fred and Ginger are the limited partners of a limited partnership called Premium Developers, Ltd. Each invests $20,000 in the limited partnership. Premium Developers, Ltd. borrows $1 million from American Bank. After two years, the limited partnership has spent all of its capital, has no assets, and goes bankrupt, still owing American Bank $1 million of unpaid debt. In this case, Fred and Ginger each lose their $20,000 capital investment but are not personally liable for the $1 million debt owed by the limited partnership to American Bank. Fred and Ginger have which of the following?
limited liability
In an LLP, there does not have to be a general partner who is personally liable for the debts and obligations of the partnership. Instead, all partners are limited partners who stand to lose only their capital contribution if the partnership fails. None of the partners is personally liable for the debts and obligations of the partnership beyond his or her capital contribution. This means that all partners in an LLP have .
limited liability
A special type of limited partnership that has both general partners and limited partners, where both the general and limited partners have limited liability and are not personally liable for the debts of the partnership is called a partnership.
limited liability limited
Ryan and Carly are planning to enter into a limited partnership in which neither the general partners nor the limited partners have personal liability for the debts and obligations of the partnership. They agree that debts of the partnership are solely the responsibility of the partnership, not of the general or the limited partners. Ryan and Carly make sure to file the correct documents and pay all the necessary fees. Since all filing documents are correct and the proper fee is paid, the state will issue Ryan and Carly a certificate of .
limited liability limited partnership
State statutes that regulate the formation, operation, and dissolution of a special form of partnership in which all partners are limited partners, and there are no general partners, are called .
limited liability partnership codes
A couple decides to get a divorce. Which state court system would most likely hear the couple's case?
limited-jurisdiction trial court
Pear Smartphones has discovered a new kind of silica, which will make light, inexpensive, virtually unbreakable glass for their phones. Pear Smartphones contracts to purchase the mining equipment necessary to collect the silica from Diggers Inc. The contract states that the equipment is to be delivered by July 1, 2018. The parties know that Pear Smartphones cannot start collecting the silica until it receives this equipment. It is uncertain how much silica the digging will yield. In their contract, the parties agree that Diggers Inc. will pay $20,000 per day for each day after July 1, 2018, that the equipment is not delivered. The potential $20,000/day payment is an example of which of the following?
liquidation damages
The _________________________ is a federal statute that extends limited environmental protection to the oceans.
marine protection, research and sanctuaries act
As a business owner, you believe that your highest responsibility is to gain as much profit as possible. You also believe that the interests of the other constituencies of your business, including the employees and community residents, are not important in and of themselves. Your business subscribes to the ______________ theory of social responsibility.
maximizing profits
SOCIAL RESPONSIBILITY OF BUSINESS
maximizing profits moral Minimum corporate citizenship stakeholder interest
The _________________ is an amendment to the Food, Drug, and Cosmetic Act (FDCA) that gives the Food and Drug Administration (FDA) authority to regulate medicinal devices and equipment (e.g., heart pacemakers, surgical equipment).
medicinal device amendment
As trade developed during the Middle agents, which courts were established to administer rules to solve commercial disputes?
merchant courts
Tom, an agent, works for Jerry, a principal, who owns and operates Luxury Bank, which specializes in serving wealthy clients. Over many years, Luxury Bank has carefully developed a unique and selective list of wealthy individuals that the bank serves or is courting to serve. Tom quits his job at Luxury Bank and is hired by another bank. Tom takes the list of wealthy clients developed by Jerry and discloses the list to his new employer. Tom has violated his duty of loyalty by:
misusing confidential information
A nonbreaching party's legal duty to avoid or reduce damages caused by a breach of contract is called .
mitigation of damages
A plaintiff files a complaint alleging that the defendant breached an oral contract and allegedly owes the plaintiff damages. If the state's statute of limitations requires that a lawsuit be brought within two years from the date that an oral contract was breached and the pleadings show that the lawsuit has been filed after the two-year period has expired, the defendant can make a motion to have the plaintiff's lawsuit dismissed based on the facts alleged in the pleadings. What pretrial motion does this scenario illustrate?
motion for judgment on the pleadings
A _________ asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury.
motion for summary judgment
You are the owner of a factory that emits sulfur oxide into the air in the process of burning coal to fuel production operations. To comply with the Clean Air Act, your state monitors your factory to ensure that pollutant levels do not exceed ______________________.
national ambient air quality standards (NAAQS)
You purchase a cell phone for the first time and receive a new telephone number. After giving your phone number to some national businesses in the course of making purchases, you begin receiving unwanted calls from telemarketers from other businesses at all hours of the day. To stop receiving these telemarketing calls, you should add your phone number to the ______________________.
national do not call registry
A woman buys a motorcycle. While out riding, she is injured in an accident. The accident occurred because a screw was missing from the motorcycle. She sues, and the court finds the manufacturer guilty of failure to exercise due care by failing to assemble a product carefully. The manufacturer is guilty of which of the following?
negligence
Jon is a corporate officer at SuperMassive Corporation. One of Jon's subordinate employees, Greg, is being investigated for embezzlement. Greg is eventually charged. It's then discovered that Jon failed to make a reasonable investigation of Greg's conduct and failed to attend board meetings on a regular basis. Jon is now personally liable for his breach of the duty of care. Jon's breach is called .
negligence
PROXIMATE CAUSE (LEGAL CAUSE):
negligence A POINT ALONG A CHAIN OF EVENTS CAUSED BY A NEGLIGENT PARTY AFTER WHICH THIS PARTY IS NO LONGER LEGALLY RESPONSIBLE FOR THE CONSEQUENCES OF HIS OR HER ACTIONS surgeon going to do surgery gets killed, now can't preform surgery so patient dies
INJURY TO PLAINTIFF
negligence • PERSONAL INJURY OR DAMAGE TO THE PLAINTIFF'S PROPERTY • DAMAGES CANNOT BE RECOVERED IF THE PLAINTIFF SUFFERED NO INJURY • DAMAGES RECOVERABLE DEPEND ON THE EFFECT OF THE INJURY ON THE PLAINTIFF'S LIFE OR PROFESSION athlete vs mcdonalds worker, VALUE on someones life
Your city has an ordinance that places the responsibility for fixing public sidewalks in residential areas on the homeowners whose homes front the sidewalks. One of your neighbors failed to repair a damaged sidewalk in front of his home. A pedestrian walking a dog trips and breaks her leg because of the unrepaired sidewalk. When she decides to sue, the injured pedestrian does not have to prove that the homeowner owes the duty because the statute establishes that. Which of the following special negligence doctrines applies to the injured pedestrian's case?
negligence per se
Checks, drafts, notes, and certificates of deposit are special forms of contracts recognized by the UCC. They require a special form and language for their creation and must meet certain requirements for transfer. These are examples of which of the following types of formal contracts?
negotiable instruments
Two parties are engaged in a legal dispute. In order to reach a voluntary settlement of their dispute, the parties decide to engage in discussions to try to reach an agreeable solution. During the proceedings, the parties usually make offers and counteroffers to one another. The parties or their attorneys also may provide information to the other side in order to assist the other side in reaching an amicable settlement. What kind of alternative dispute resolution does the scenario describe?
negotiation
Damages awarded when the nonbreaching party sues the breaching party even though no financial loss has resulted from the breach are called________damages.
nominal
_____________ are geographical areas that do not meet established air quality standards.
nonattainment areas
After an arbitration hearing is complete, the arbitrator reaches a decision and issues an award. The decision and award of the arbitrator can be appealed to the courts. This scenario best describes which of the following?
nonbinding arbitration
INSTRUMENT THAT EVIDENCES A BORROWER'S DEBT TO THE LENDER
note obligations under mortgage
duty to notify
notify of issues, concerns and products that come up
Speech that (1) appeals to the prurient interest; (2) depicts sexual conduct in a patently offensive way; and (3) lacks serious literary, artistic, political, or scientific value is called speech.
obscene
how the interaction of a contract goes
offeror(truck) makes an offer the the offeree(for money) and they have to power to accept it and therefore create a contract
You are the owner of several oil tankers as part of your business, Transit Inc. As the owner of the oil tankers, it is your responsibility to prove that your tankers are fully insured to cover any liability that could occur in the event of an oil spill. In 2014, you phased out several older oil tankers so that all of the tankers owned by your company would have double hulls by 2015. The measures you have taken ensure that Transit Inc. complies with the ____________________.
oil pollution act
An agency in which a contracting third party knows that the agent is acting for a principal but does not know the identity of the principal is called a(n) .
partially disclosed agency
Furniture Now is a store that rents furniture to low-income individuals, and these individuals take title to the furniture after having paid the cost of the furniture (which is often overpriced with high interest rates). Hazel, an elderly low-income person, has rented and purchased a living room set, a dining room set, and a bedroom set from Furniture Now. Hazel rents an HD television from Furniture Now and signs a contract that states that if Hazel falls more than three months behind in her television payments, Furniture Now can recover all of the furniture she had previously purchased from the store as liquidated damages. Because the actual damages are clearly determinable in advance and the liquidated damages are excessive and unconscionable, this liquidated damages clause would be considered a .
penalty
duty to perform
perform assigned tasks
The engineers at a new app company have decided to join a union. At one of their bargaining meetings, they negotiate for the size and composition of the supervisory force and the location of their offices. These discussion items are examples of which of the following?
permissive subjects
A party who appeals the decision of an administrative agency is called the ___________.
petitioner
Which of the following is a doctrine that says if a shareholder dominates a corporation and uses it for improper purposes, a court of equity can disregard the corporate entity and hold the shareholder personally liable for the corporation's debts and obligations?
piercing the corporate veil
TABC
places that sell alcohol
Executive power
power of the administrative agency Granted to administrative agencies to investigate and prosecute possible violations of statutes, administrative rules, and administrative orders
license
power of the administrative agency Permission that an administrative agency grants to persons and businesses to conduct certain type of commerce or professions
Procedural due process
power of the administrative agency Requires the respondent to be given proper and timely notice of the allegations or charges against him or her and an opportunity to present evidence on the matter
Administrative subpoena
power of the administrative agency Order that directs the subject of the subpoena to disclose the requested information
judicial authority
power of the administrative agency To adjudicate cases in an administrative proceeding acts like a court, this happens when agency serves a complaint on someone in the agency
Interpretive rule making
power of the administrative agency interpret statutes Issued by an administrative agency that interprets existing statutory language
• DELEGATION DOCTRINE:
power of the administrative agency • WHEN AN ADMINISTRATIVE AGENCY (not all the same) IS CREATED, IT IS DELEGATED CERTAIN POWERS • AGENCY CAN USE ONLY THE LEGISLATIVE, JUDICIAL, AND EXECUTIVE POWERS THAT ARE DELEGATED TO IT
The Roja Corporation has 100,000 outstanding shares, and RJ owns 10,000 shares (10 percent). Roja plans to raise more capital by issuing another 100,000 shares of stock. RJ must be offered the option to purchase 10,000 of the 100,000 new shares before they are offered to the public. If he does not purchase them, and all of the shares are sold, his ownership in the corporation will be diluted from 10 percent to 5 percent. RJ must be offered the option to purchase a percentage of the new shares under which of the following?
preemptive rights
PARTY WHO EMPLOYS ANOTHER PERSON TO ACT ON HIS OR HER BEHALF
principal (employer)
relationships between principal , agent, and third party
principal and agent - have an agency contract (oral or written) agent and third party - contract on behalf of principal principal and third party- principal has obligation to perform contract
The _______________ is a federal act that states that federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose.
privacy act
You are the head of the Federal Communications Committee (FCC), the federal agency that regulates interstate and international communications by radio, television, wire, satellite, and cable. In the course of regulating interstate and international communications, your agency must follow certain procedures. _______________ is law that establishes the procedures the FCC must follow in the course of performing its regulatory duties.
procedural administrative law
The Consumer Product Safety Commission (CPSC) has issued a requirement for infant bedside sleepers that requires them to have a minimum side height to ensure that infants cannot climb out of the sleepers. This requirement is one example of a _________________.
product safety standard
forbearance
promise to not do something, big for competing
A corporation formed to meet a specific governmental or political purpose is called a corporation.
public
A corporation that has many shareholders and whose securities are often traded on national stock exchanges is called a .
publicly held corporation
An automobile manufacturer realizes that one of its models of vehicles has a defect in the braking mechanism. The automobile manufacturer does not notify the owners of this type of vehicle of the defect and someone is injured because of the defect. The automobile manufacturer will most likely be assessed _____________ for its callous disregard for the safety of the public.
punitive damages
COMPETING WITH PRINCIPAL
purchase land for themselves then sell it to them for a higher price
REAL PROPERTY FINANCING
purchase of Realestate (land,house)
Platinum Drilling Company (PDC), a master liability partnership, is a natural gas extraction company. In PDC, its public investors are the limited partners. PDC pays its investors at an amount stated in the investment contract, similar to interest payments on bonds. These payments are called .
quarterly required distributions
Sometimes, a plaintiff who obtains a judgment against a defendant in one state will try to collect the judgment by attaching property of the defendant that is located in another state. This is permitted under which of the following?
quasi in rem jurisdiction
A corporation has 30,000 shares outstanding. A shareholders' meeting is duly called to amend the articles of incorporation, and 16,050 shares are represented at the meeting. A is present because a majority of the shares entitled to vote are represented.
quorum
Bluegold Corporation has a job opening for its chief financial officer (CFO) position. The employer receives applications for this position from many persons, including Marvin McCoy, who is an African American. Marvin is the best-qualified applicant for the job. Marvin receives a job rejection via e-mail, but he is accidentally copied on a long e-mail chain. In the e-mail chain, one of the Bluegold employees who interviewed Marvin writes that he doesn't want to have one of "those people" in a management position, and others in the chain agree. Because Bluegold corporation chose not to hire McCoy because of his race, the company has engaged in , in violation of Title VII.
race discrimination
After the defendant's attorney completes his or her questions, the plaintiff's attorney can ask questions of the plaintiff's witness. What part of the trial process does the scenario describe?
re-direct examination
Halle was just hired by a new programming company. Halle uses a wheelchair for mobility. On her first week of work, Halle has trouble getting up to her office, which is on the 30th floor, because there is a lack of wheelchair ramps. Halle is reprimanded for her tardiness. The programming company has failed to provide which of the following?
reasonable accommodation for disability
A written document filed by a lender or trustee with the county recorder's office that is proof that a mortgage or note secured by real property has been paid, is called a .
reconveyance
SuperMega Corporation issues preferred stock. This quarter, the current interest rate fell below the dividend rate of the preferred shares. SuperMega Corporation then buys back the preferred stock. SuperMega Corporation issues which kind of preferred stock?
redeemable preferred stock
Unless otherwise agreed, the principal owes a duty to pay back the agent for expenses incurred by the agent on behalf of the principal. This duty is called a duty to .
reimburse
are workers who are hired by a company to take the place of the striking employees.
replacement workers
A rule stating that an employer is liable for the tortious conduct of its employees or agents while they are acting within the scope of the employer's authority is called .
respondeat superior
The return of goods or property received from the other party to rescind a contract is called .
restitution
A method for determining whether a product's design is defective by requiring a court to consider the gravity of the danger posed by the design, the likelihood that injury will occur, the availability and cost of producing a safer alternative design, the social utility of the product, and other factors is called _________ .
risk-utility analysis
Penelope Greenwald is a member of a staff that administers the day-to-day operations of the United Nations. She works primarily in New York, and ultimately reports to the secretary-general. Penelope is a member of the __________________.
secretariat
The _________________ heads the Secretariat of the United Nations.
secretary-general
Christina purchases an automobile from a car dealership. She borrows part of the purchase price from a lender. The lender requires Christina to give it a security interest in the automobile to secure the loan. Christina's loan is an example of which of the following?
secured credit
France is a permanent member nation of a council that is primarily responsible for maintaining international peace and security and has the authority to use armed force. The council that France is a permanent member of is called the UN ___________________.
security council
A real estate agent who is employed to purchase real estate for a principal cannot secretly sell his or her own property to the principal. This is an example of the fact that agents are generally prohibited from undisclosed .
self-dealing
Federico is a partner in a general partnership that is looking for a new office space for their expanding business. Federico owns a desirable building that would perfectly fit the partnership's needs. Without disclosing that he's the owner, Federico sells his building to the partnership. Federico's actions are an example of which of the following breaches of loyalty?
self-dealing
Mark works for Ericsson Corporation, a corporation that has superstores that sell a wide range and large inventory of home goods. Mark's job is to locate future sites for Ericsson stores. Mark finds a piece of real estate that would make a great site for an Ericsson store. Mark tells his friend Joel to purchase the property from its current owner, which Joel does. Mark makes a secret agreement with Joel to split the profits when Joel sells the property to Ericsson. Without disclosing his interest in the property, Mark recommends the site to Ericsson, which then purchases the property from Joel. Joel then splits the profits with Peter. This is an example of which of the following breaches of the duty of loyalty?
self-dealing
The process of serving a summons on a defendant to obtain personal jurisdiction over him or her is called ______
service of process
Bobby Newman is the manager at a new technology company. He's in the process of interviewing candidates for a new Program Manager position. When interviewing Lauren, he finds out that she has a young daughter. Bobby decides not to hire Lauren because he doesn't want to hire women with children because he thinks children are a distraction to working mothers. Bobby Newman is engaging in which of the following types of discrimination?
sex-plus discrimination
Nicole is an employee at a large technology company. After each meeting, one of Nicole's managers shakes every person's hand as they leave the conference room. However, the manager pinches Nicole's bottom as she leaves. This has happened on more than one occasion, and Nicole is afraid to report the manager because he is her superior. Nicole could file a claim against her manager for which of the following?
sexual harassment
MacGregor's Saddle Corporation owns a factory that dumps thousand of gallons of hazardous waste into a river near a town called Heartlake. The waste has a negative effect on the homeowners, farmers, and others who use the river's waters in Heartlake. ____________ requires MacGregor's Saddle Corporation to consider the consequences that dumping this hazardous waste will have on the people of Heartlake in addition to the bottom line.
social responsibility
Your sister is in law school. She believes that laws that prohibit discrimination for potential LGBTQ employees best reflect what laws are supposed to do—shape the way we behave. Your sister most likely subscribes to the of ___________ jurisprudence.
sociological school
A is a form of business in which the owner is actually the business; the business is not a separate legal entity.
sole proprietorship
PROFESSIONAL MALPRACTICE
special negligence • LIABILITY OF A PROFESSIONAL WHO BREACHES HIS OR HER DUTY OF ORDINARY CARE • ALSO KNOWN AS A BREACH OF REASONABLE PROFESSIONAL STANDARD lawyer fails to file document, doctor leaves something inside patient
GOOD SAMARITAN LAW
special negligence PROTECTS MEDICAL PROFESSIONALS WHO STOP AND RENDER EMERGENCY FIRST AID don't want doctor to not help bc negligence
ATTRACTIVE NUISANCE DOCTRINE:
special negligence TORT RULE THAT IMPOSES LIABILITY ON A LANDOWNER TO CHILDREN WHO: • ATTRACTED TO THE LANDOWNER'S PROPERTY BY AN ATTRACTIVE NUISANCE ARE KILLED OR INJURED ON THE PROPERTY most common, swimming pool, need fence
You just got hired at a new radiology lab. Around the new building, you notice postings about OSHA standards. They appear to set maximum exposure levels for hazardous chemicals and regulate the location of machinery in the lab. These standards are called .
specific duty standards
The Federal Energy Regulatory Commission (FERC) is the U.S. federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates. FERC is an example of an administrative agency that administers __________________ laws.
specific government regulation
On November 1, Dwight enters into a contract to purchase a house from Jim for $650,000. The closing date is set for December 1. On December 1, Dwight brings the money to the closing, but Jim does not appear at the closing and thereafter refuses to sell the house to Dwight. In this case, because each piece of real estate is considered unique, Dwight can bring an action of against Jim and obtain a court judgment ordering Jim to sell the house to Dwight.
specific performance
A corporation called JamPants Inc. overextended its business and must now close one of the plants where its product is manufactured. The leadership has settled on the smallest and least-profitable plant, which is located near the town of Atwood. Under the _____________ theory, the leadership of JamPants Inc. must consider the effects that closing the plant will have on the current employees and local community, as well as shareholder interests.
stakeholder interest
steps of a administrative agency decision
starts at admin. law judge(ALJ) federal admin agency then either the US district court or US court of appeals depending on the federal law in question then the US Supreme Court
Michigan's Department of Environmental Quality is responsible for regulating the land, waterways, and other environmental issues in the state of Michigan. Michigan's Department of Environmental Quality is an example of a ________________.
state administrative agency
The plaintiff is injured by a defective product on May 1, 2016. The plaintiff must sue the defendant by May 1, 2018. However, after that date, the plaintiff loses his right to sue the defendant. This is an example of which of the following?
statute of limitations
A statute that limits the seller's liability to a certain number of years from the date when the product was first sold is called _________.
statute of repose
three categories of clean water act
storm ground drinking they look for thermal pollution as well
A system in which each shareholder votes the number of shares he or she owns on candidates for each of the positions open is called .
straight voting (noncumulative voting)
Which doctrine holds that (1) there are certain activities that can place the public at risk of injury even if reasonable care is taken and that (2) the public should have some means of compensation if such injury occurs?
strict liability
Mark Zuckerberg contracts with A-1 Construction Co. to have A-1 construct a new school building for $100 million. The architectural plans call for installation of three-ply windows in the building. A-1 constructs the building exactly to plan except that it installs two-ply windows. A-1's two-ply windows are an example of which of the following?
substantial performance
A woman purchases a brand-new Prius. She decides that she'd like to take the Prius offroading, so she then replaces the tires with large off-road tires. The first time she takes the Prius out, the tires cause the car to roll over, injuring her passenger. The manufacturer of the Prius is not liable under which of the following defenses to the imposition of liability?
supervening event
An unconditional and absolute offer by a contracting party to perform his or her obligations under a contract is called .
tender of performance
is a situation where an agency terminates because of the occurrence of any of the following circumstances: 1. The death of either the principal or the agent 2. The insanity of either the principal or the agent 3. The bankruptcy of the principal 4. The outbreak of a war between the principal's country and the agent's country
termination of an agency by operation of law
highest criminal court
texas court of criminal appeals final court in tx
highest civil court
texas supreme court final court in tx
gross negligence example
texting and driving and you kill someone
You and your client decide that her case is eligible and should be heard by the U.S. Supreme Court. You receive a writ of certiorari. What does this document mean?
that the Supreme Court will review your client's case
Steve, who is 56 years old, applies for an open position as superintendent at Crystal Springs Golf Course. Steve meets the job requirements of having a college degree and prior experience as a superintendent and is otherwise qualified for the job. However, the employer refuses to hire Steve because of his age and hires someone who is 30 for the job. In this scenario, Crystal Springs Golf Course has violated which of the following?
the Age Discrimination in Employment Act
Which of the following is a labor organization that was formed in 1886 to which only skilled craft workers such as silversmiths and artisans were allowed to belong?
the American Federation of Labor (AFL)
Which of the following imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate physically challenged individuals?
the Americans with Disabilities Act
______________________ was an oil spill that occurred in the Gulf of Mexico from an oil rig owned by BP p.l.c. (formerly British Petroleum) that spilled 5 million barrels of oil over a 5,000-mile area of the Gulf of Mexico. This was the largest oil spill in U.S. history.
the BP oil spill
finance lease example
the Boeing is the seller and sells the plane to the city bank who is the purchaser/lessor the city bank then makes a please with jet green airways who is the lessee and makes lease payments to the city bank Boeing would deliver the airplane to jet green airways
When submitting each annual and quarterly report, the CEO and chief financial officer (CFO) of a public company must file a statement. This statement certifies that the signing officer has reviewed the report; that, based on the officer's knowledge, the report does not contain any untrue statement of a material fact or omit to state a material fact that would make the statement misleading; and that the financial statement and disclosures fairly present, in all material aspects, the operation and financial condition of the company. This report is called .
the CEO and CFO certification
The year is 1935, and a new labor organization has just been formed. You are an unskilled worker, and you're excited because you're now permitted to join the new organization. Which labor organization can you now join?
the Congress of Industrial Organizations (CIO)
A federal law that permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended is which of the following?
the Consolidated Omnibus Budget Reconciliation Act
Your 15-year-old sister is tired of having to borrow cash from your parents to go to the movies with her friends. Your sister doesn't have a job, but she decides to sign up for a credit card. A company called Credit4U issues her a card. Credit4U has violated which of the following?
the Credit Card Accountability Responsibility and Disclosure Act of 2009
Rashena is a Muslim American woman who wears a hijab. She travels for her work frequently. On one of her long flights, the flight attendants are passing out credit card applications. Rashena decides to take one and to apply for a new credit card that will help her earn free airline miles. Later, she receives notice that she's been rejected for the credit card, although her credit is excellent. At the bottom of the notice, someone has written "Go back to your country, Muslim." The credit card company has violated which of the following?
the Equal Credit Opportunity Act (ECOA)
Which of the following is the federal administrative agency that is responsible for enforcing most federal antidiscrimination laws?
the Equal Employment Opportunity Commission (EEOC)
Which of the following clauses prohibits state, local, and federal governments from enacting laws that classify and treat "similarly situated" persons differently?
the Equal Protection Clause
A federal act enacted in 1938 to protect workers that prohibits child labor and spells out minimum wage and overtime pay requirements is called .
the Fair Labor Standards Act
Which of the following gives consumers the right to obtain one free credit report once every 12 months from the three nationwide credit reporting agencies (Equifax, Experian, TransUnion)?
the Fair and Accurate Credit Transactions Act
You are an employee of a large food manufacturing company that produces products under many different brands. In the course of the ethics training you are required to undergo as an employee of the company, you learn about various federal laws governing your industry. You also learn that your company has breached several of those laws. You may sue the company on behalf of the federal government under _______________.
the False Claims Act (Whistleblower Statute)
Ian's daughter Aria was born 6 weeks premature. Ian is able to take four weeks of paid leave from his job to help care for his wife and newborn daughter. Ian's leave is covered by which of the following?
the Family and Medical Leave Act
To collect benefits under , unemployed applicants must be able to work and be available for work and seeking employment.
the Federal Unemployment Tax Act
Melissa's mother has multiple sclerosis, a genetic disease. During a job interview, Melissa offhandedly mentions her mother's disease. The interviewer tells her manager about this fact, and the manager decides not to hire Melissa because they are afraid Melissa might contract her mother's illness, thus requiring her to take large periods of time off work for recovery and treatment. The interviewer and manager have violated which of the following?
the Genetic Information Nondiscrimination Act (GINA)
Rosie Riveter is a woman hired by Large Business Corporation as an employee. During a 36-month period, Large Business Corporation engages in pay act violations and underpays Rosie each pay period. Rosie files a claim within 30 days after the date of the last paycheck violation. Large Business Corporation is found to have violated the law during the three-year period, so Rosie can recover back pay for the two years preceding the date of the last paycheck violation. In this scenario, Rosie was allowed to file her employment discrimination claim and receive back pay under which of the following?
the Lilly Ledbetter Fair Pay Act of 2009
The adjunct (part-time) faculty members at your university decide they need a union. One of their options is to join the local Service Employees Union. The faculty members hold a vote to decide whether they wish to be represented by that local union. Which of the following would oversee the election?
the National Labor Relations Board (NLRB)
Saundra, a 30-year-old college graduate, goes on a job interview for an open position at a company. The interviewer asks Saundra if she plans on having children and if that would affect her ability to come to work every day or to perform her duties. The interviewer is also concerned that having children would affect her ability to travel on company business. Saundra tells the interviewer that she has not decided whether she will have children yet. The company refuses to hire Susan because she is a woman who might have children. This is a violation of which of the following?
the Pregnancy Discrimination Act
In most states, the formation, operation, and termination of limited partnerships are regulated by .
the Revised Uniform Limited Partnership Act (RULPA)
A federal statute that establishes rules to improve corporate governance, prevent fraud, and add transparency to corporate operations is called .
the Sarbanes-Oxley Act (SOX) of 2002
The Patent and Trademark Office has made a decision about the legality of a newly invented hoverboard. However, some are beginning to question this decision. In which federal court system would the Patent and Trademark Office's decision be reviewed?
the U.S. Court of Appeals for the Federal Circuit
Which of the following best defines federalism?
the U.S. form of government in which the federal government and the 50 state governments share powers
A seller orally agrees to sell her couch to a buyer for $650. When the buyer tenders the purchase price, the seller asserts the Statute of Frauds and refuses to sell the couch to him. The seller is correct. The contract must be in writing to be enforceable because the contract price for the couch exceeds $499.99. Under which of the following rules is the seller correct?
the UCC Statute of Frauds
The name of the U.S. Senate and the U.S. House of Representatives jointly is ._____________
the US Congress
A model act that includes comprehensive laws that cover most aspects of commercial transactions is called .
the Uniform Commercial Code (UCC)
A model act that permits a new form of entity called a limited liability limited partnership (LLP) wherein all of the partners are provided limited liability is called .
the Uniform Limited Partnership Act (2001; also known as re-RULPA)
In certain circumstances, the UCC permits an acceptance of a sales contract to contain additional terms and to act still as an acceptance rather than a counteroffer. This is known as which of the following?
the additional terms rule
The formal documents that must be filed at the secretary of state's office of the state of organization of an LLP to form the LLP are called .
the articles of limited liability partnership
Allison and Andy are partners of a limited partnership, AACorp. They draft an agreement that sets forth their rights and duties as partners and the terms and conditions regarding the operations, termination, and dissolution of the partnership. AACorp's agreement is called .
the articles of limited partnership
Johanna and Tom want to start a limited liability company in Michigan. They put together the necessary paperwork, and they file it with the secretary of state of Michigan. The existence of their LLC begins when their paperwork is filed. The filing of this paperwork by the secretary of state is conclusive proof that the organizers have satisfied all the conditions necessary to create the LLC. The paperwork that Johanna and Tom file is called .
the articles of organization
You read a news story about a man who left an abandoned refrigerator in his backyard. A neighbor child wandered into the man's yard and, while playing, got trapped in the refrigerator. The child was stuck inside for several days, and was severely malnourished once rescued. The man who left the refrigerator in his yard is liable under which of the following?
the attractive nuisance doctrine
When merchants negotiate sales contracts, they often exchange preprinted forms. These "boilerplate" forms usually contain terms that favor the drafter. Thus, an offeror who sends a standard form contract as an offer to the offeree may receive an acceptance drafted on the offeree's own form contract. This scenario raises important questions about whether there is a contract and, if so, what its terms are. Which UCC rule helps merchants to resolve this impasse?
the battle of the forms
Persons who are elected by the shareholders that make policy decisions concerning the operation of a corporation are called .
the board of directors
After conducting considerable research and investigation, the directors of a major automobile company, American Car Company, decide to produce a large volume of diesel cars. Four years later, when the diesel cars are introduced to the public for sale, few of them are sold because of the public's interest in buying electric and hybrid vehicles due to the increasing environmental damage of pollutants and an increase in gasoline prices. Because this was an honest mistake of judgment on the part of corporate management, American Car Company's judgment is shielded by .
the business judgment rule
Chris works as a high school teacher. His home is 15 miles from the school. Chris leaves his home one morning and is driving to work when his negligence causes an automobile accident in which several pedestrians are injured. In this example, Chris is personally liable for his negligence, but the school is not liable because of which of the following?
the coming and going rule
Where does the federal government get its powers from
the constitution
Nicole Nguyen is an investor and a limited partner in a limited partnership, Business Ltd. At some time after she becomes a limited partner, Nicole thinks that the general partners are not doing a very good job managing the affairs of Business Ltd, so she participates in the management of Business Ltd. While she is doing so, a bank loans $10 million to Business Ltd, believing that Nicole is a general partner because of her involvement in the management of the limited partnership. Despite Nicole's help, Business Ltd then defaults on the $10 million loan owed to the bank. Under , Nicole will be treated as a general partner and will be held personally liable for the loan, along with the general partners of the limited partnership.
the control rule
Occasionally, the express terms of a written contract are not clear on their face and must be interpreted. In such cases, reference may be made to certain sources outside the contract. Which source considers the conduct of contracting parties in prior transactions and contracts?
the course of dealing
Occasionally, the express terms of a written contract are not clear on their face and must be interpreted. In such cases, reference may be made to certain sources outside the contract. Which source considers the previous conduct of contracting parties concerning the contract in question?
the course of performance
Superior Motors, Inc., an automobile manufacturer, just released its new hybrid car. However, several consumers are then injured in accidents when their bodies strike something inside their own automobile in what is commonly referred to as the "second collision." Superior Motors' new design fails to protect occupants from foreseeable dangers caused by a second collision. Superior Motors, Inc. is liable for its consumers' injuries under which of the following?
the crashworthiness doctrine
parties to a mortgage
the creditor mortgagee (lender) loans the funds and the owner-debtor mortgager (borrower) says back the mortgage in security interest in real property
Your uncle was a welder on Ford Motor Company's automobile assembly line. When he tells you stories about his time on the line, he mentions that he was employed to perform a physical task but was not given authority to enter into contracts. Your uncle's relationship with Ford Motor Company is best described as .
the employer-employee relationship
I am one branch of the federal government, and I was established by Article II of the U.S. Constitution. I consist of the president, who is selected by the Electoral College (whose representatives are appointed by state delegations), and the vice president. I am responsible for enforcing federal law. Which branch of the federal government am I?
the executive branch
_______________ permits private parties to sue companies for fraud on behalf of the government.
the false claims act (whistleblower statute)
On August 1, Tesla Motors offers to sell a Model S to Sara for $80,000. Tesla Motors signs a written assurance to keep that offer open to Sara until September 15. On September 10, Tesla Motors sells the car to another buyer. On September 15, Sara tenders $80,000 for the car. Tesla Motors is liable to Sara for breach of contract under which of the following?
the firm offer rule
Rob, a worker in a factory, reports for work and is walking toward his workstation when he slips in a puddle of water leaking from one of the machines and breaks his arm. This would be a violation of the OSHA .
the general duty standard
Brandon is injured in an automobile accident and is unconscious in his car alongside the road. Doctor Beth Kay, who is driving by the scene of the accident, stops, pulls Brandon from the burning wreckage, and administers first aid. In doing so, Beth negligently breaks Brandon's shoulder. Because Beth's negligence is ordinary negligence, she is not liable to Brandon. Which of the following protects Beth from liability?
the good samaritan law
You are a person with a chronic illness that requires expensive monthly treatments. You will require these treatments for the rest of your life. Before 2010, your insurance company had a cap on the lifetime amount in benefits that it would pay. This meant that at some point in the future, your insurance company would stop paying benefits and you would become responsible for paying the entire cost of your treatments. After 2010, the situation changed and your insurance provider was no longer able to impose this cap. Under ______________________, insurers are prohibited from imposing lifetime limits on the payment of benefits.
the health care reform act
Which of the following best defines false imprisonment?
the intentional confinement or restraint of another person without authority or justification and without that person's consent
Which of the following tests is applied to determine the constitutionality of classifications based on a protected class other than a suspect class or a fundamental right (e.g., gender)?
the intermediate scrutiny test
I am one branch of the federal government, and I was established by Article III of the U.S. Constitution. I am responsible for interpreting the U.S. Constitution and federal law. I consist of the Supreme Court and other federal courts. Which branch of the federal government am I?
the judicial branch
discovery
the most expensive part deposition interrogations request for admissions production of documents
Which of the following says that the intent to contract is judged by the reasonable person standard and not by the subjective intent of the parties?
the objective theory of contracts
During which part of the trial process does an attorney usually summarize the main factual and legal issues of the case and describe why he or she believes the client's position is valid?
the opening statement
Which of the following best describes pleadings?
the paperwork that is filed with the court to initiate and respond to a lawsuit
Jon is buying a new car, and he decides to sell his old car to his friend Greg. Greg and Jon enter into a contract that states that Greg will purchase Jon's old car for $7,000. This contract is intended to be a final expression of the parties' agreement. However, after Greg tenders the $7,000, he and Jon get into an argument over the car's price. Jon claims that, prior to the contract, Greg verbally agreed to actually pay $8,000 for the car. Jon's claim would be inadmissible in court under which of the following?
the parol evidence rule
Michele Yee has been hired as the president of Bad Wolf corporation. As president, Michele has the authority to enter into major contracts on the corporation's behalf. Michele's relationship with the Bad Wolf corporation is best described as .
the principal-agent relationship
Your friend needs to make a little extra money. She contracts with a romance novel ebook publishing company as a freelance copyeditor for their books. Your friend's relationship with the ebook publishing company is best described as .
the principal-independent contractor relationship
The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful. The reason is that older members of society have earned this right during the course of their lifetimes. This scenario most likely passed which of the following standards of review for deciding whether the government's treatment of people violates Equal Protection Clause?
the rational basis test
Which of the following is a right that allows the mortgagor to redeem real property after default and before foreclosure?
the right of redemption
Meg, Jo, Beth, and Amy form a general partnership. As a group, they contribute $300,000 in the following amounts: Meg, $170,000; Jo, $70,000; Beth, $50,000; and Amy, $10,000. Although the capital contributions of the partners differ significantly, each of the four partners has an equal say in the business. This equal say refers to which of the following rights of general partners?
the right to participate in the management
Fred, George, Ron, and Ginny form a general partnership. They each contribute capital to the partnership in the following amounts: Fred, 20 percent; George, 20 percent; Ron, 10 percent; and Ginny, 50 percent. The partnership makes $500,000 profit for the year. Although the capital contributions of the partners differ significantly, each of the four partners receives $125,000 of the profits. All four partners receive $125,000 of the $500,000 in profits due to which of the following?
the right to share in the profits
The Supreme Court, over years of making decisions involving the Equal Protection Clause, has held that the government can treat people or businesses differently from one another if the government has sufficient justification for doing so. The Supreme Court has adopted three different standards of review for deciding whether the government's different treatment of people or businesses violates or does not violate the Equal Protection Clause. A government rule that prohibited people of color from receiving government benefits, such as Medicaid, would violate which of the following standards of review?
the strict scrutiny test
An implied covenant under which the parties to a contract not only are held to the express terms of the contract but also required to act in "good faith" and deal fairly in all respects in obtaining the objective of the contract is called .
the tort of bad faith
corporate citeznship
theory of social responsibly stating that businesses have a responsibility to do good owe a duty to subsidize schools and help educate kids
Jolt Electric Inc. is an electric utility plant in your area. Recently, it has been noted by researchers that unprecedented numbers of fish have been dying in the river adjacent to the utility plant, and the die-off is causing a ripple effect in the local ecosystem. The fish die-off in the river adjacent to Jolt Electric Inc. could be caused by ___________________ pollution from the plant.
thermal
flow of federal courts
top: supreme court circuit of courts appeals us district courts
In the course of running your manufacturing company, which produces a wide range of household cleaners, your team discovers a new chemical that seems to be quite effective when used as a cleaning agent. Before you can market this chemical to the public, you must test the chemical to determine its effects on human health and the environment and report the results to the EPA under the ______________________.
toxic substances control act
A _________ is an agreement between two or more nations that is formally signed by an authorized representative of each nation and ratified by each nation.
treaty
The state of Arizona attempts to enter into a treaty with the country of Canada that would reduce trade barriers between Arizona and Canada. This treaty would be a violation of the _______________, which gives the federal government the power to enter into treaties with foreign nations, but not the states.
treaty clause
fiduciary
trust or obligation
A contract in which the essential elements to create a valid contract are met but there is some legal defense to the enforcement of the contract is called a(n) contract.
unenforceable
In the search for a mortgage agreement to purchase your first home, you visit a mortgage lender, Big Mortgages Inc. The representative puts you in a high-pressure situation and uses extremely aggressive sales tactics, including telling you that no one else will give you a mortgage, and if you leave, you will never be able to purchase a home. Eventually convinced, you to take out a much larger mortgage than you can afford based on your income and other expenses. Overly aggressive sales tactics are an example of ___________________.
unfair and deceptive practices
Shares of master limited partnerships whose interests are traded on organized securities exchanges are called .
units
Tom opens a clothing store called "Rent-a-Shirt" and operates it as a sole proprietorship. Tom files the proper statement and publishes the necessary notice of the use of the trade name. Tom contributes $15,000 of his personal funds to the business and borrows $200,000 from a bank in the name of the business. After several unsuccessful months, Tom decides to close the business. At the time it is closed, the business has no assets, owes the bank $200,000, and owes other debts of $20,000. Tom, the sole proprietor, has liability to pay the bank and all the debts of the sole proprietorship from his own assets.
unlimited personal
Your friend runs into a crowded theater and yells "fire!" when there is no fire. You're embarrassed for your friend because you know this is an example of .
unprotected speech
Mickey borrows $5,000 from Minnie. Minnie lends the money to Mickey without taking an interest in collateral for the loan. Minnie is relying on Mickey's credit standing when she makes the loan. Minnie's loan to Mickey is an example of which of the following?
unsecured credit
misappropriation of the right to publicity
use ur face on a billboard to represent product with out consent
IRAC method:
used to examine a law case basic steps : KEY FACTS AND ISSUES RULES (WHAT LAWS GOVERNS THIS MATTER?) APPLICATION (HOW DO THE RULES OF LAW APPLY TO THESE FACTS?) CONCLUSION (DECISION OR VERDICT)
April, an agent, works for a principal, Andy, who is in the business of real estate development. Andy is looking for vacant land to purchase to develop. A third party who owns and wants to sell his vacant land tells April about the availability of the land. April, without informing Andy, purchases the land for her own use. This is a violation of April's duty of loyalty because agents cannot .
usurp an opportunity
Alisa, Alex, and Ari are general partners who own the general partnership Office Space Associates, which develops and builds commercial real estate projects such as office buildings, warehouses, and such. One day, a person who owns a piece of vacant real estate goes to Alisa and offers to sell the real estate to the general partnership. Alisa notices the real estate's excellent price, so she purchases the real estate for herself and does not bring the opportunity to the partnership. Alisa has done which of the following?
usurped a partnership opportunity
Tereza works as the president of Yappy.com, a company that develops and sells smartphone apps and games. Charlie, an expert programmer and a gamer who does not work for Yappy.com, develops a productivity app called Check. Charlie takes his app to Tereza and offers the game to her as president of Yappy.com. Instead of bringing the opportunity to Yappy.com's board of directors, Tereza pays Charlie's asking price and purchases Check for herself. Tereza then leaves Yappy.com and forms her own company to distribute the Check app. Tereza has committed which of the following breaches of the duty of loyalty?
usurping a corporate opportunity
A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside is called ___________ .
venue
Custom Management Corporation employs Elaina as its marketing manager. Elaina is driving her automobile to attend a meeting with a client on behalf of Custom Management. On her way to the meeting, Elaina is texting and not paying attention and is involved in an automobile accident. Several people are seriously injured because of Elaina's negligence. In this example, Elaina is personally liable to the injured parties. In addition, Custom Management Corporation is liable as the principal because Elaina was acting within the scope of her employment when she caused the accident. Custom Management Corporation is liable under which of the following?
vicarious liability
________________ are areas that are inundated or saturated by surface water or groundwater that support vegetation typically adapted for life in such conditions.
wetlands
moral minimim
what they owe society, not to hurt it and fix if dangerous
In strikes, individual union members go on strike without proper authorization from the union.
wildcat
The process of liquidating a partnership's assets and distributing the proceeds to satisfy claims against the partnership is called .
winding up
Which of the following is the process of liquidating the assets of a business and distributing the proceeds to satisfy claims against the business?
winding up
Leonora Parks is the head of an organization that is an agency of the United Nations. It is the responsibility of her agency to provide money to developing countries. Under her leadership, the agency has funded thousands of projects for humanitarian purposes and relieved poverty in countries around the world. Leonora Parks is the head of the _______________.
world bank
Edward convinces Bella to invest in his company selling vacuum cleaners door to door. Bella then discovers Edward's business wasn't legal and that she invested in fraudulent investment scheme. Bella sues Edward for fraud. Because it may take more than one year before the case is heard, Bella is afraid that Edward will transfer any money or property he has to avoid having to pay a judgment if he loses at trial. Bella can immediately make a motion to the court to have the court issue , which would order the seizure of Edward's property, pending the outcome of the lawsuit.
writ of attachment
Beth wins a $40,000 judgment against Jill. Jill then refuses to pay the amount of the judgment to Beth. Jill currently works for Hilltop University. Thus, after receiving this writ of garnishment, Hilltop University must deduct the amount of the garnishment from Jill's wages before she is paid and remit this amount to Beth until the judgment is paid. Beth is able to obtain a postjudgment ________ from the court whereby the court orders Hilltop University to pay 25 percent of Jill's weekly disposable earnings (after taxes) directly to Beth.
writ of garnishment
The rule is a UCC rule that provides that if both parties to an oral sales or lease contract are merchants, the Statute of Frauds writing requirement can be satisfied if (1) one of the parties to an oral agreement sends a written confirmation of the sale or lease within a reasonable time after contracting and (2) the other merchant does not give written notice of an objection to the contract within 10 days after receiving the confirmation.
written confirmation
Barney and Robin are members of a term LLC. In their operating agreement, they agreed that the LLC would be dissolved on December 1, 2020. On April 1, 2015, Barney withdraws from the LLC. Barney is now liable to the LLC and to the other members for any damages caused by his .
wrongful disassociation
Jill, Emily, Emma, and Diana form a general partnership called "A Plus Linens" to operate an upscale women's clothing store. The partnership has a stated term of four years. After one year, Emma decides to quit the partnership. Because Emma has the power to quit the partnership, the four-partner partnership dissolves when she does quit. However, because Emma does not have the right to quit the partnership, her action causes the of the partnership.
wrongful dissolution
Your father employs a licensed real estate agent to sell your family's house. The agency contract gives the agent an exclusive listing for four months. After one month, your father unilaterally terminates the agency. The agent can no longer act on behalf of your father. Because your father did not have the right to terminate the contract, however, the agent can sue him and recover damages (i.e., lost commission) for which of the following?
wrongful termination
Corporations
• A corporation is a creature of statute, an artificial "person." • Corporations can have one or more shareholders, comprised of natural persons or other businesses. • A corporation is a legal "person", has similar rights and privileges as a natural person
EMPLOYER LOCKOUT
• ACT OF AN EMPLOYER TO PREVENT EMPLOYEES FROM ENTERING THE WORK PREMISES WHEN THE EMPLOYER REASONABLY ANTICIPATES A STRIKE • IF AN EMPLOYER REASONABLY ANTICIPATES A STRIKE BY SOME OF ITS EMPLOYEES, IT MAY PREVENT THOSE EMPLOYEES FROM ENTERING THE PLANT OR PREMISES opposite of strike
FALSE AND DECEPTIVE ADVERTISING
• ADVERTISING IS FALSE AND DECEPTIVE UNDER SECTION 5 OF THE FTC ACT IF IT: • CONTAINS MISINFORMATION OR OMITS IMPORTANT INFORMATION THAT IS LIKELY TO MISLEAD A REASONABLE CONSUMER • MAKES AN UNSUBSTANTIATED CLAIM ex. fried chicken is part of a healthy diet
treaty
• AGREEMENT BETWEEN TWO OR MORE NATIONS THAT IS FORMALLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH NATION AND RATIFIED BY EACH NATION
STRIKES
• CESSATION OF WORK BY UNION MEMBERS IN ORDER TO OBTAIN ECONOMIC BENEFITS OR CORRECT AN UNFAIR LABOR PRACTICE • UNION MEMBERS REFUSE TO WORK DURING A STRIKE
FEDERAL GOVERNMENT HAS THE POWER TO REGULATE THREE TYPES OF COMMERCE
• COMMERCE WITH NATIVE AMERICAN TRIBES • FOREIGN COMMERCE • INTERSTATE COMMERCE - COMMERCE THAT MOVES BETWEEN STATES OR THAT AFFECTS COMMERCE BETWEEN STATES
SARBANES-OXLEY ACT
• COMPANIES MUST DISCLOSE WHETHER THEY HAVE A CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS • COMPELLING PUBLIC COMPANIES TO ACT ETHICALLY IN DEALINGS WITH SHAREHOLDERS, EMPLOYEES, AND OTHER CONSTITUENTS • MAKES CERTAIN CONDUCTS ILLEGAL AND ESTABLISHES CRIMINAL PENALTIES FOR VIOLATIONS came bc of ethical decisions created principles and made laws people had to follow so now criminal side instead of just ethical side
• TYPES OF PERFORMANCES
• COMPLETE PERFORMANCE (STRICT PERFORMANCE) • SUBSTANTIAL PERFORMANCE (MINOR BREACH) • MATERIAL BREACH (INFERIOR PERFORMANCE) • TENDER PERFORMANCE (READY AND ABLE)
PRODUCT LIABILITY: STRICT LIABILITY • CHAIN OF DISTRIBUTION
• COMPRISES OF: • MANUFACTURERS • DISTRIBUTORS • WHOLESALERS AND RETAILERS • LESSORS • SUBCOMPONENT MANUFACTURERS • ALL PARTIES IN THE CHAIN OF DISTRIBUTION OF A DEFECTIVE PRODUCT ARE STRICTLY LIABLE FOR THE INJURIES IT CAUSES product consumers/injured party ex. Firestone tires on explorers make the car flip. could sue ford or firestone
WHAT IS THE LAW?
• CONSISTS OF RULES THAT REGULATE CONDUCT OF INDIVIDUALS, BUSINESSES, AND OTHER ORGANIZATIONS IN SOCIETY • INTENDED TO PROTECT PEOPLE AND THEIR PROPERTY FROM UNWANTED INTERFERENCE FROM OTHERS • FORBIDS INDIVIDUALS FROM ENGAGING IN CERTAIN UNDESIRABLE ACTIVITIES
FORMATION OF SALES AND LEASE CONTRACTS: ACCEPTANCE
• CONTRACT CREATED WHEN AN OFFEREE SENDS ACCEPTANCE TO THE OFFEROR, NOT WHEN THE OFFEROR RECEIVES IT • THE UCC PERMITS ACCEPTANCE BY ANY REASONABLE MANNER OR METHOD OF COMMUNICATION
void contract
• CONTRACT THAT HAS NO LEGAL EFFECT • NEITHER PARTY IS OBLIGATED TO PERFORM • NEITHER PARTY CAN ENFORCE THE CONTRACT drugs or public policy
SOCIAL RESPONSIBILITY OF BUSINESS
• CORPORATIONS AND BUSINESSES SHOULD ACT WITH AWARENESS OF THE CONSEQUENCES AND IMPACT THAT THEIR DECISIONS WILL HAVE ON OTHERS • CORPORATIONS AND BUSINESSES ARE CONSIDERED TO OWE SOME DEGREE OF RESPONSIBILITY FOR THEIR ACTIONS increasing - becoming more bc social media and going viral more technology creates more eithical problems aka self driving cars which way to hit and shit on who the car should choose to kill when human drives it is instantaneous reaction
• Partnership Buy‐Sell Agreements.
• Contract that determines in advance of an 'event', how remaining partners will buy‐out partners' interest. normally if in case of partners death
Dissolution of an LLC • Winding Up.
• Controlled by Operating Agreement • After all assets are sold, proceeds distributed to pay creditors, then capital contributions, then remaining $ distributed pro‐rata.
• PACKAGING DEFECT
• DEFECT THAT OCCURS WHEN A PRODUCT HAS BEEN PLACED IN PACKAGING THAT IS INSUFFICIENTLY TAMPERPROOF • CONTAINERS SHOULD: • BE TAMPERPROOF • CLEARLY INDICATE WHEN TAMPERED WITH • DEFECTIVE PACKAGING SUBJECTS ALL IN THE CHAIN OF DISTRIBUTION TO STRICT LIABILITY tampered w
ASSUMPTION OF RISK
• DEFENDANT MUST PROVE THAT THE PLAINTIFF: • KNEW AND APPRECIATED THE RISK • VOLUNTARILY ASSUMED THE RISK know baseball could hit you, but maybe not if a bat hits you or player fights you
TASKS OF EIS
• DESCRIBE THE AFFECTED ENVIRONMENT • DESCRIBE THE IMPACT OF PROPOSED FEDERAL ACTION ON THE ENVIRONMENT • IDENTIFY AND DISCUSS ALTERNATIVES TO THE PROPOSED ACTION (another way w less effect??) • LIST RESOURCES TO BE COMMITTED TO THE ACTION • CONTAIN COST-BENEFIT ANALYSIS OF THE PROPOSED ACTION AND ALTERNATIVE ACTIONS adds costs can be applied to states
DEFENSES TO A TITLE VII ACTION
• EMPLOYERS CAN SELECT EMPLOYEES BASED ON MERIT, WHICH INCLUDES WORK, QUALIFICATION, ETC. • EMPLOYERS MAINTAIN SENIORITY SYSTEM THAT REWARD LONG- TERM EMPLOYEES can be more male if at a loading doc and carrying 100 lbs
SCOPE OF COVERAGE OF TITLE VII • APPLIES TO:
• EMPLOYERS WITH 15 OR MORE EMPLOYEES • ALL EMPLOYMENT AGENCIES • LABOR UNIONS WITH FIFTEEN OR MORE MEMBERS • STATE AND LOCAL GOVERNMENTS AND AGENCIES • FEDERAL GOVERNMENT EMPLOYMENT PROHIBITS DISCRIMINATION IN HIRING, PROMOTION, COMPENSATION, DISMISSAL, WORK RULES, ETC. still can't be a racist **** if u have less than 15 employees
HISTORY OF AMERICAN LAW
• ENGLISH SYSTEM OF LAW WAS ADOPTED AS A SYSTEM OF JURISPRUDENCE IN EARLY AMERICAN COLONIES
RAWLS'S SOCIAL JUSTICE THEORY (CONT.) • MAJOR CRITICISMS OF THIS THEORY
• ESTABLISHING THE BLIND "ORIGINAL POSITION" FOR CHOOSING MORAL PRINCIPLES IS IMPOSSIBLE IN THE REAL WORLD • MANY PERSONS IN SOCIETY WOULD CHOOSE NOT TO MAXIMIZE THE BENEFIT TO THE LEAST ADVANTAGED PERSONS IN SOCIETY
PRODUCT LIABILITY: NEGLIGENCE • FAILURE TO EXERCISE DUTY OF CARE INCLUDES
• FAILING TO ASSEMBLE A PRODUCT CAREFULLY • NEGLIGENT PRODUCT DESIGN • NEGLIGENT INSPECTION OR TESTING OF A PRODUCT • NEGLIGENT PACKAGING • FAILURE TO WARN OF THE DANGEROUS PROPENSITIES OF A PRODUCT
EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA)
• FEDERAL ACT DESIGNED TO PREVENT FRAUD AND OTHER ABUSES ASSOCIATED WITH PRIVATE PENSION FUNDS • EMPLOYERS ARE SUBJECTED TO RECORD-KEEPING AND DISCLOSURE REQUIREMENTS • PROVIDES FOR VESTING
FAIR LABOR STANDARDS ACT (FLSA)
• FEDERAL ACT ENACTED IN 1938 TO PROTECT WORKERS • PROHIBITS CHILD LABOR AND SPELLS OUT MINIMUM WAGE AND OVERTIME PAY REQUIREMENTS • CHILD LABOR • THE FAIR LABOR STANDARDS ACT FORBIDS: • USE OF OPPRESSIVE CHILD LABOR • SHIPPING OF GOODS PRODUCED BY BUSINESSES THAT USE OPPRESSIVE CHILD LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
• FEDERAL ADMINISTRATIVE AGENCY THAT IS EMPOWERED TO ENFORCE THE OCCUPATIONAL SAFETY AND HEALTH ACT • EMPOWERED TO ADOPT RULES AND REGULATIONS TO INTERPRET AND ENFORCE THE ACT • ADOPTED THOUSANDS OF REGULATIONS TO ENFORCE THE SAFETY STANDARDS ESTABLISHED BY THE ACT saftey guidelines covers fast types of businesses certify letters and guidelines interpret and enforces
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
• FEDERAL LAW THAT PERMITS EMPLOYEES AND THEIR BENEFICIARIES TO CONTINUE THEIR GROUP HEALTH INSURANCE AFTER AN EMPLOYEE'S EMPLOYMENT HAS ENDED • EMPLOYER MUST NOTIFY COVERED EMPLOYEES OF THEIR RIGHTS UNDER COBRA • GROUP RATE PREMIUM SHOULD BE PAID TO CONTINUE COVERAGE
FOREIGN SOVEREIGN IMMUNITIES ACT (FSIA)
• GOVERNS SUITS AGAINST FOREIGN NATIONS THAT ARE BROUGHT IN FEDERAL OR STATE COURTS IN THE UNITED STATES • IF THE FOREIGN COUNTRY HAS WAIVED ITS IMMUNITY, EXPLICITLY OR BY IMPLICATION
INTERMEDIATE APPELLATE COURTS
• HEAR APPEALS FROM TRIAL COURTS • REVIEW TRIAL COURT RECORD TO DETERMINE IF: • ERRORS HAVE OCCURRED DURING TRIAL THAT REQUIRE REVERSAL OR MODIFICATION OF DECISION • NO NEW TESTIMONY OR EVIDENCE PERMITTED • DECISIONS ARE APPEALABLE TO THE STATE'S HIGHEST COURT
FORUM SELECTION CLAUSE AND CHOICE OF LAW
• ISSUES THAT COME UP WHEN PARTIES FROM DIFFERENT STATES OR COUNTRIES HAVE A LEGAL DISPUTE OVER: • WHICH JURISDICTION'S COURT WILL BE USED • WHICH JURISDICTION'S LAWS APPLY TO A CASE
Directors and Officers • Business Judgment Rule.
• Immunizes a director or officer from liability from bad decisions. • Court will not require directors or officers to manage "in hindsight." • As long as decision was reasonable, informed, made in good faith and in the best interests of the corporation, BJR will apply.
SEXUAL HARASSMENt
• LEWD REMARKS, TOUCHING, INTIMIDATION, POSTING OF INDECENT MATERIALS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE • SEXUAL HARASSMENT THAT CREATES A HOSTILE WORK ENVIRONMENT VIOLATES TITLE VII • SAME-SEX HARASSMENT ALSO VIOLATES TITLE VII • EMPLOYER MAY DEFEND BY PROVING THAT: • HE/SHE EXERCISED CARE TO PREVENT AND CORRECT ANY SUCH BEHAVIOR • PLAINTIFF-EMPLOYEE FAILED TO TAKE ADVANTAGE OF PREVENTIVE OR CORRECTIVE OPPORTUNITIES PROVIDED BY EMPLOYER
PRETRIAL LITIGATION PROCESS
• LITIGATION: PROCESS OF BRINGING, MAINTAINING, AND DEFENDING A LAWSUIT • PLEADINGS • DISCOVERY • PRETRIAL MOTIONS • SETTLEMENT CONFERENCE 93-95% settled before this
AGENCY CAN BE TERMINATED BY THE FOLLOWING ACTS:
• MUTUAL ASSENT OF THE PARTIES (both agree to terminate) • IF A STATED TIME HAS LAPSED • IF A SPECIFIED PURPOSE IS ACHIEVED (get coke, assignment complete) • OCCURRENCE OF A STATED EVENT • NOTICE OF TERMINATION (notify third parties, so no issue) there is a duty to notify third parties about the termination
limited liability partnership
• Must File with Sec of State • Tax - Fed and Texas • Liability - Partner not liable personally unless were directly involved in the tort, direct supervision, or had knowledge
SOURCES OF TORT LIABILITY FOR PRINCIPALS AND AGENTS
• NEGLIGENCE • INTENTIONAL TORTS • MISREPRESENTATION
three types of product liability
• NEGLIGENCE • MISREPRESENTATION • STRICT LIABILITY
mitigation of damages
• NONBREACHING PARTY HAS A DUTY TO AVOID OR REDUCE DAMAGES CAUSED BY A BREACH OF CONTRACT
IMMIGRATION REFORM AND CONTROL ACT(IRCA) REQUIRES THE EMPLOYER TO:
• OBTAIN A COMPLETED FORM I-9 FOR EVERY EMPLOYEE • EXAMINE EVIDENCE OF EMPLOYEE'S IDENTITY • THE IRCA IMPOSES CRIMINAL AND FINANCIAL PENALTIES ON EMPLOYERS WHO KNOWINGLY HIRE UNDOCUMENTED WORKERS
dischargers are required to
• OBTAIN PERMITS • KEEP RECORDS • MAINTAIN MONITORING EQUIPMENT • KEEP SAMPLES OF DISCHARGE
PRODUCT LIABILITY: MISREPRESENTATION • INTENTIONAL MISREPRESENTATION
• OCCURS WHEN A SELLER OR LESSER: • FRAUDULENTLY MISREPRESENTS THE QUALITY OF A PRODUCT • CONCEALS A DEFECT IN IT • RECOVERY IS LIMITED TO PERSONS WHO WERE INJURED BECAUSE THEY RELIED ON THE MISREPRESENTATION ex. car bought from couple and lied about it being in a wreck, sue sales not manuf. ex. target says u can use blender in the pool, sue target
agreement
• OFFER BY OFFEROR AND ACCEPTANCE BY OFFEREE • MUTUAL ASSENT free will, no force offer and acceptance
voidable contract
• ONE OR BOTH PARTIES HAVE OPTION TO VOID THEIR CONTRACTUAL OBLIGATIONS • IF A CONTRACT IS VOIDED, BOTH PARTIES ARE RELEASED FROM THEIR CONTRACTUAL OBLIGATIONS minor; can give wrecked truck back for original price
mediation
• PARTIES CHOOSE A NEUTRAL THIRD PARTY TO ASSIST THEM • SETTLEMENT IS REACHED THROUGH INTERMEDIATION • MEDIATOR MEETS WITH PARTIES IN SEPARATE ROOMS • DOES NOT MAKE JUDGMENT OR ISSUE AWARD • AFTER DISCUSSING FACTS OF THE CASE WITH BOTH SIDES, THE MEDIATOR ENCOURAGES SETTLEMENT OF THE DISPUTE AND TRANSMITS SETTLEMENT OFFERS TO EACH OTHER finds common grown, asks why, gets them off anchor points
ARBITRATION
• PARTIES CHOOSE NEUTRAL THIRD PARTY TO HEAR EVIDENCE AND TESTIMONY AND DECIDE THE DISPUTE • COMMON IN COMMERCIAL AND INTERNATIONAL DISPUTES • AFTER AN ARBITRATION HEARING IS COMPLETE: • ARBITRATOR MAKES A DECISION AND ISSUES AN AWARD • ARBITRATION CAN BE BINDING OR NONBINDING • ARBITRATION CLAUSE: REQUIRES DISPUTES ARISING OUT OF THE CONTRACT TO BE SUBMITTED TO ARBITRATION more formal, acts like judge w o jury, can work together to pick arbitrator, can be someone from your industry
negotiation
• PARTIES ENGAGE IN DISCUSSIONS TO TRY TO REACH A VOLUNTARY SETTLEMENT • MAY TAKE PLACE AT ANY LEVEL OF LITIGATION • PARTIES MAKE OFFERS AND COUNTEROFFERS TO ONE ANOTHER • SETTLEMENT-AGREEMENT - VOLUNTARILY ENTERED INTO BY THE PARTIES TO A DISPUTE ON REACHING AN AGREEMENT
INDEPENDENT CONTRACTOR
• PERSON WHO CONTRACTS WITH ANOTHER TO DO SOMETHING FOR HIM WHO IS NOT CONTROLLED BY THE OTHER NOR SUBJECT TO THE OTHER'S RIGHT TO CONTROL WITH RESPECT TO HIS PHYSICAL CONDUCT IN THE PERFORMANCE OF THE UNDERTAKING • PRINCIPAL IS NOT LIABLE FOR THE TORTS OF ITS INDEPENDENT CONTRACTORS dont get provided benefits, employment taxes and decreases liability
• WORKERS' COMPENSATION INSURANCE COVERS:
• PHYSICAL INJURIES • STRESS • MENTAL ILLNESS THAT IS EMPLOYMENT RELATED
CASE 1.1: MORAL THEORY OF LAW AND ETHICS
• POM WONDERFUL LLC V. COCA-COLA COMPANY
FORMATION OF SALES AND LEASE CONTRACTS: OFFER (CONT.) • OPEN TERMS
• PRICE • PAYMENT • DELIVERY • TIME • ASSORTMENT courts can come in and fill in the gaps
LIABILITY FOR INDEPENDENT CONTRACTOR
• PRINCIPAL IS NOT LIABLE FOR THE TORTS OF ITS INDEPENDENT CONTRACTORS • INDEPENDENT CONTRACTORS ARE PERSONALLY LIABLE FOR THEIR OWN TORTS • PRINCIPAL CAN AUTHORIZE AN INDEPENDENT CONTRACTOR TO ENTER INTO CONTRACTS • PRINCIPAL IS NOT LIABLE ON THE CONTRACT, IF THE INDEPENDENT CONTRACTOR ENTERS A CONTRACT WITHOUT THE PRINCIPAL'S AUTHORITY indy. contractor is personally liable unless they enter into a contract if you hire the plumber to do a home... you are liable for that plumber
AGE DISCRIMINATION IN EMPLOYMENT ACT
• PROHIBITS AGE DISCRIMINATION PRACTICES: • AGAINST EMPLOYEES WHO ARE 40 YEARS AND OLDER • IN ALL EMPLOYMENT DECISIONS, INCLUDING HIRING, PROMOTIONS, COMPENSATION, ETC. • WITH REGARD TO EMPLOYEE BENEFITS • PERMITS AGE DISCRIMINATION WHERE BFOQ IS SHOWN (pilots)
PROTECTION FROM RETALIATION
• PROHIBITS EMPLOYERS FROM RETALIATING AGAINST EMPLOYEE FOR: • FILING A CHARGE OF DISCRIMINATION • PARTICIPATING IN A DISCRIMINATION PROCEEDING • ACTS OF RETALIATION INCLUDE DISMISSING, DEMOTING, HARASSING, ETC.
REGULATION OF COSMETICS • FDA REQUIREMENTS
• PROPER LABELING • DISCLOSURE OF INGREDIENTS • DISPLAY OF WARNINGS IF CARCINOGENIC(cause cancer) OR DANGEROUS TO HEALTH FDA PROHIBITS MANUFACTURE, DISTRIBUTION, OR SALE OF ADULTERATED OR MISBRANDED COSMETICS • FDA HAS THE ABILITY TO REMOVE FROM COMMERCE ANY COSMETICS THAT CONTAIN UNSUBSTANTIATED CLAIMS "makes you younger" ordinary household soap is exempt
EQUAL PAY ACT
• PROTECTS BOTH SEXES FROM PAY DISCRIMINATION BASED ON SEX • PROHIBITS DISPARITY IN PAY FOR JOBS THAT REQUIRE: • EQUAL SKILL • EQUAL EFFORT • EQUAL RESPONSIBILITY • SIMILAR WORKING CONDITIONS women's national soccer team
Fiduciary Duties.
• Partners are fiduciaries and general agents of one another and the partnership. • Breach and Waiver of Fiduciary Duties. • Partner may be able to subject partnership to tort liability. • If partner acts within scope of authority, partnership is bound.
• Agency Concepts and Partnership Law:
• Partnerships are governed by common law and statutory laws. • Partners are agents and fiduciaries of each other. • In the absence of a partnership agreement state statutes govern the partner rights
Corporate Earnings and Taxation
• Profits can either be kept as retained earnings or passed on to the shareholders as dividends. • Corporate Taxation: can be taxed twice, first to corporation, then to shareholders via dividends.
PROPERTY RIGHTS OF PARTNERS
• Property acquired by the partnership remains partnership property. • An individual partner has no right to sell, mortgage, or transfer partnership property. • Use or possess property on behalf of the partnership. • Assign her right to her share of the profits to another to satisfy individual debt.
The Nature and Classification of Corporations • Classification of Corporations.
• Public and Private Corporations. • Nonprofit Corporations. (no money to stockholders but not always charity) • Close Corporations • Shares held by few shareholders. • More informal management, similar to a partnership. • Shareholder Agreement to Restrict Stock Transfers. often family
• TESTS USED TO DETERMINE WHETHER A DUTY OF CARE WAS OWED:
• REASONABLE PERSON STANDARD • REASONABLE PROFESSIONAL STANDARD
EUROPEAN UNION (EU)
• REGIONAL INTERNATIONAL ORGANIZATION THAT COMPRISES OF COUNTRIES OF EUROPE • CREATED TO PROMOTE: • PEACE AND SECURITY • ECONOMIC, SOCIAL, AND CULTURAL DEVELOPMENT Britain is trying to exit
SUBSTANTIVE DUE PROCESS
• REQUIRES GOVERNMENT STATUTES, ORDINANCES, REGULATIONS, OR OTHER LAWS TO BE CLEAR ON THEIR FACE AND NOT OVERLY BROAD IN SCOPE • TESTED USING A REASONABLE PERSON'S UNDERSTANDING OF THE LAW • LAWS FAILING THE TEST ARE DECLARED VOID FOR VAGUENESS
FDCA PROHIBITS:
• SHIPMENT, DISTRIBUTION, OR SALE OF ADULTERATED FOOD • FALSE AND MISLEADING LABELING
INTERNATIONAL LAW has no
• SINGLE LEGISLATIVE SOURCE • SINGLE WORLD COURT RESPONSIBLE FOR INTERPRETATION • WORLD EXECUTIVE BRANCH TO ENFORCE INTERNATIONAL LAW hard to enforce
PRODUCT DEFECTS
• SOMETHING WRONG, INADEQUATE, OR IMPROPER IN THE MANUFACTURE, DESIGN, PACKAGING, WARNING, OR INSTRUCTIONS ABOUT A PRODUCT • INJURED PARTY MUST FIRST SHOW THAT THE PRODUCT THAT CAUSED THE INJURY WAS SOMEHOW DEFECTIVE TO RECOVER FOR STRICT LIABILITY • INJURED PARTY DOES NOT HAVE TO PROVE WHO CAUSED THE PRODUCT TO BECOME DEFECTIVE
FOREIGN SOVEREIGN IMMUNITIES ACT (FSIA) commercial activity exception
• STATES THAT A FOREIGN COUNTRY IS SUBJECT TO LAWSUIT IN THE UNITED STATES IF IT: • ENGAGES IN COMMERCIAL ACTIVITY IN THE UNITED STATES • CARRIES ON SUCH ACTIVITY OUTSIDE THE UNITED STATES BUT CAUSES A DIRECT EFFECT IN THE UNITED STATES
RECORDING STATUTE
• STATUTE THAT REQUIRES A MORTGAGE OR DEED OF TRUST TO BE RECORDED IN THE COUNTY CLERK'S OFFICE OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED • PUBLIC RECORD • GIVES POTENTIAL LENDERS, PURCHASERS NOTICE OF CLAIMS AGAINST PROPERTY
PICKETING
• STRIKERS WALKING IN FRONT OF THE EMPLOYER'S PREMISES, CARRYING SIGNS ANNOUNCING THEIR STRIKE
TYPES OF OSHA STANDARDS specific duty standards
• Set safety rules for specific equipment, procedures, types of work, unique work, conditions, and so on latters, cords, etc
consideration
• THE PROMISE MUST BE SUPPORTED BY BARGAINED-FOR CONSIDERATION THAT IS LEGALLY SUFFICIENT • EXAMPLE - MONEY, OBJECT, SERVICES, FORBEARANCE
PRIORITY OF LAW
• THE U.S. CONSTITUTION AND TREATIES TAKE PRECEDENCE OVER ALL OTHER LAWS • FEDERAL STATUTES TAKE PRECEDENCE OVER FEDERAL REGULATIONS • VALID FEDERAL LAW TAKES PRECEDENCE OVER CONFLICTING STATE OR LOCAL LAW • STATE CONSTITUTIONS RANK AS THE HIGHEST STATE LAW • STATE STATUTES TAKE PRECEDENCE OVER STATE REGULATIONS • VALID STATE LAW TAKES PRECEDENCE OVER LOCAL LAWS
NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)
• TREATY THAT HAS REMOVED OR REDUCED TARIFFS, DUTIES, QUOTAS, AND OTHER TRADE BARRIERS AMONG THE UNITED STATES, CANADA, AND MEXICO • COUNTRY CAN REIMPOSE TARIFFS IF AN IMPORT SURGE FROM ONE OF THE OTHER NATIONS HURTS ITS ECONOMY OR WORKERS • SPECIAL PROTECTION FOR FAVORED INDUSTRIES wanted to promote economic growth, can raise tariffs if needed
FEDERAL - US DISTRICT COURTS, how many total
• TRIAL COURTS OF GENERAL JURISDICTION EMPOWERED TO: • IMPANEL JURIES • RECEIVE EVIDENCE • HEAR TESTIMONY • DECIDE CASES • AT LEAST ONE DISTRICT COURT IN EACH STATE • DISTRICT: GEOGRAPHICAL AREA SERVED BY EACH COURT 94 total, heavily populated states have more than 1 typical court proceedings
SECONDARY BOYCOTT PICKETING
• TYPE OF PICKETING IN WHICH A UNION TRIES TO BRING PRESSURE AGAINST AN EMPLOYER BY PICKETING THE EMPLOYER'S SUPPLIERS OR CUSTOMERS • LAWFUL ONLY IF IT IS PRODUCT PICKETING, THAT IS, PICKETING AGAINST THE EMPLOYER'S PRODUCT • ILLEGAL, IF DIRECTED AGAINST THE NEUTRAL EMPLOYER
Corporations
• Taxes (Double Taxation) (pay taxes both at corporate and shareholders pay as dividends) • Business Federal Income Tax and then individual taxed on dividends • Texas Franchise Tax • Liability - Shareholders are well protected (Must Pierce the corporate veil-- if shareholder treats it like its own personal accounts)
DIGITAL LAW
• The electronic age arrived before new laws were written that were specific for this environment • Courts have applied existing laws to the new digital environment by requiring interpretations and applications • Congress has enacted new federal statutes to regulate the digital environment
How to Choose an Entity
• Type of Business • How many Owners and Types • Goal for the Business • More Capital • Exit Strategy (public??) • Owner Buyout • Professionals - Accountant, Attorney, etc.
SPECIAL FEDERAL COURTS • LIMITED JURISDICTION
• U.S. TAX COURT • U.S. COURT OF FEDERAL CLAIMS • U.S. COURT OF INTERNATIONAL TRADE • U.S. BANKRUPTCY COURT • U.S. COURT OF APPEALS FOR THE ARMED FORCES • U.S. COURT OF APPEALS FOR VETERANS CLAIMS (specialized knowledge)
NO-STRIKE CLAUSE
• UNION AGREES IT WILL NOT STRIKE DURING AN AGREED-UPON PERIOD OF TIME • EMPLOYER AND A UNION CAN AGREE IN A COLLECTIVE BARGAINING AGREEMENT THAT THE UNION WILL NOT STRIKE DURING A PARTICULAR PERIOD OF TIME 2-5 years or could be during busy season
E-DISPUTE RESOLUTION
• USE OF ONLINE ALTERNATIVE DISPUTE RESOLUTION SERVICES TO RESOLVE A DISPUTE • ELECTRONIC ARBITRATION • REQUIRES THE REGISTERING PARTY TO SUBMIT AN AMOUNT THAT THE PARTY IS WILLING TO ACCEPT OR PAY TO THE OTHER PARTY IN THE ONLINE ARBITRATION • ELECTRONIC MEDIATION • MEDIATOR ENGAGES IN AN ONLINE CONVERSATION WITH BOTH PARTIES
UNION MAY DISCIPLINE MEMBERS FOR:
• WALKING OFF THE JOB IN A NONSANCTIONED STRIKE • WORKING FOR WAGES BELOW UNION SCALE • SPYING FOR AN EMPLOYER • ANY OTHER UNAUTHORIZED ACTIVITY THAT HAS AN ADVERSE ECONOMIC IMPACT ON THE UNION
exceptions to the sunshine act
• WHERE A PERSON IS ACCUSED OF A CRIME • CONCERNING AN AGENCY'S ISSUANCE OF A SUBPOENA • WHERE ATTENDANCE OF THE PUBLIC WOULD SIGNIFICANTLY FRUSTRATE THE IMPLEMENTATION OF A PROPOSED AGENCY ACTION • CONCERNING DAY-TO-DAY OPERATIONS
FACTORS FOR INDEPENDENT CONTRACTOR STATUS
• WHETHER THE WORKER IS ENGAGED IN A DISTINCT OCCUPATION OR AN INDEPENDENTLY ESTABLISHED BUSINESS; DEGREE OF SKILL • WHETHER THE PRINCIPAL SUPPLIES THE TOOLS AND EQUIPMENT FOR WORK • LENGTH OF TIME THE AGENT HAS BEEN EMPLOYED BY THE PRINCIPAL • AMOUNT OF TIME THAT THE AGENT WORKS FOR THE PRINCIPAL • METHOD OF PAYMENT, WHETHER BY TIME OR BY THE JOB • WHETHER THE WORKER HIRES EMPLOYEES TO ASSIST HIM OR HER • WHETHER THE EMPLOYER HAS THE RIGHT TO CONTROL THE MANNER AND MEANS OF ACCOMPLISHING THE DESIRED RESULT not one thing means "for sure"
CORPORATION DIRECTORS AND OFFICERS
•A corporation is governed by a board of directors elected by shareholders. •Individual directors are not corporate agents, only the board can act as an agent and bind the corporation. • A director can also be a shareholder, especially in closely‐held corporations. • Few qualifications are required for directors. • Directors appointed at the first organizational meeting. • Term is usually one year • Quorum(majority) to make decisions
Shareholders
•Acquisition of shares grants an equitable ownership interest in a corporation. •Shareholders generally have no right to manage the daily affairs of the corporation, but do so indirectly by electing directors.
partnerships
•Two or more individuals form a business • Why? 1. To get extra "capital" (Money for Business) 2. One partner has an expertise in the field or they complement each other's skills •No State Filing requirement, but they should file a d.b.a. and have partnership agreement • Taxes • Same general principles as the Sole Proprietorship. When the profit is made by the business, the business is not taxed by the federal income tax or by the Texas Franchise tax. • When the partners receive their cut of the profits, their personal income is federally taxed not good for liability of general partnership If any of the partners or any employees of the business commit a tort in which the GP becomes vicariously liable, then the plaintiff can drain the GP's funds and then go after each and every partner "jointly and severally"
The Federal Communications Commission (FCC) regulates radio, television, and cable stations. Under its powers, the FCC has regulated the use of offensive language on television by limiting such language to time periods when children would be unlikely to be watching (e.g., late at night). This is an example of which of the following?
limited protected speech
FOURTEENTH AMENDMENT:
due process STATE AND LOCAL GOVERNMENT ACTION • THE GOVERNMENT IS NOT PROHIBITED FROM TAKING A PERSON'S LIFE, LIBERTY, OR PROPERTY • BUT THE GOVERNMENT MUST FOLLOW DUE PROCESS IN ORDER TO DO SO
what amendment is equal protection
14th
EQUAL PROTECTION CLAUSE
A CLAUSE THAT PROVIDES THAT A STATE CANNOT DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAWS • LAWS CANNOT CLASSIFY AND TREAT SIMILARLY SITUATED PERSONS DIFFERENTLY • ARTIFICIAL PERSONS, SUCH AS CORPORATIONS, ARE ALSO PROTECTED • DOES NOT MAKE THE CLASSIFICATION OF INDIVIDUALS UNLAWFUL
Sole Proprietorship
One person is the owner of the business. No State Filing requirement, but they should file a d.b.a. (file locally) Taxes (Good organization for tax purposes) no Busi tax Any money the "business" makes is not taxed by the Texas Franchise tax or the Federal income tax. The owner of the business has to pay federal income taxes on the income he personally makes (like every individual does). Liability (Not good organization for liability purposes) If the "business" (meaning the owner or his employees) commits a tort. The business's assets can be drained AND the injured plaintiff can also go after the owner personally. simplest business
WICKARD V. FILBURN
SUPREME COURT EXPANDED COMMERCE CLAUSE TO NOT JUST PURELY INTERSTATE BUSINESSES BUT ALSO INTRASTATE put a quota on wheat - production from his more than quota on wheat he used it and never sold it and left his property... so not interstate but this case he would have had to buy it and it would influence the price so in essence ... they expanded it to any commerce kinda fought the fine
The judicial branch has authority to examine the acts of the other two branches of government and determine whether those acts are constitutional. The president has veto power over bills passed by Congress. The House of Representatives has the power to impeach the president for certain activities, such as treason, bribery, and other crimes. The Senate has the power to try an impeachment case. These are all examples of which characteristic of the U.S. government?
checks and balances
unprotected speech
dangerous "FIRE" fighting words (insisting of violence almost immediately ... call for violence... hate speech and white supremacy ok bc not immediate violence in-sighted) child porn (now virtual reality problems)
A New West Texas city ordinance makes it illegal for persons to wear "clothes of the opposite sex." This ordinance was ruled unconstitutional as void for vagueness because a reasonable person could not clearly determine whether his or her conduct violates the law. Under which category of due process would this law have been ruled unconstitutional?
substantive due process
two major issues
tax and liability
limited protected speech
offensive speech commercial speech (advertising... cigarettes Joe Cool the camel influencing kids... said nah.... exposed women poster (not at kids place but okay ay bar) speech is protected but limits can be placed...
State real property laws, personal property laws, and state environmental laws are enacted under .
police power
POWER THAT PERMITS STATES AND LOCAL GOVERNMENTS TO ENACT LAWS TO PROTECT OR PROMOTE THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE
police power exception is the dormant clause
fully protected speech
political speech flag burning
In the year 2075, the South Oregon state government brings a criminal lawsuit against a defendant for the alleged commission of a crime but does not provide the defendant with a proper hearing (a trial). Under which category of due process would this law be ruled unconstitutional?
procedural due process
States enact laws that provide for the formation and regulation of partnerships and corporations. Cities adopt zoning laws that designate certain portions of the city as residential areas and other portions as business and commercial areas. Which of the following gives the state the power to adopt and enact these laws?
reserved powers
The federal government can enact a law that forbids another country from doing business in the United States if that country engages in activities that are not condoned by the United States. A state, however, cannot enact a law that forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state. Under which law is the above scenario true?
the Foreign Commerce Clause
The state of New South Dakota, responding to fears from voters, wants to enact a law that prohibits churches, synagogues, mosques, and temples. Which clause would New South Dakota's proposed law violate?
the Free Exercise Clause
Partnership Termination • Winding Up and Distribution of Assets
• After dissolution, partnership continues to wind up the partnership affairs. • Partners have no authority except to: • Complete transactions already begun. • Collect and preserve partnership assets, discharge liabilities, and provide an accounting.
SHAREHOLDERS POWERS
• Approving all fundamental changes to the corporation. • Amending articles of incorporation or bylaws. • Approval of mergers or acquisition. • Sale of all corporate assets or dissolution. • Shareholders also elect and remove the board of directors.
Corporate Governance
• Shareholders, Members, Owners • Board of Directors, Managers • Officers, President, Secretary • Employees structure of corporate or business entity
