BUSA Final Exam!!!
IOT
(Internet of Things) refers to a network of physical objects of things that are embedded with electronics, sensors, software, and network creativity. These physical objects can exchange data with each other
Jurisdiction
A courts power to hear a case
identity theft
A crime that involves someone pretending to be another person in order to steal money or obtain benefits
entrapment
A defense requiring proof that the defendant would not have committed the crime but for police trickery.
specific performance
A legal action to compel a party to carry out the terms of a contract during the sale of land or other unique assests
mirror image rule
Acceptance must be precisely the same terms as the offer
Negligence is what type of harm
Accidents
force Majeure
Act of God
Defamation
Act of harming or ruining another's reputation...not defamation of its true
If an administrative agency adjudicates a decision and you don't like it, what do you do?
Appeal it
Why are ethics important?
Builds trust and financial benefits
Substantive due process
Certain rights are fundamental, the govt may not eliminate them
First amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Freedom of speech
What happens if defects not disclosed by Seller
Contract is off
Contributory vs. Comparative Negligence
Contributory negligence: if the plaintiff is even slightly negligent, the plaintiff recovers nothing Comparative negligence- If the plaintiff is slightly negligent, the plaintiff's recovery is reduced (more common)
intro paragraph of contract
Date, effective, insert date of last signing, parties, natures
Palsgraf v. Long Island Railroad
Explosives on train station injure a woman
Purpose of FOIA
Freedom of Info Act to protect us and give us access agencies are using on us
FDA Rules
Have effect of statutes and law
What happens if a minor doesn't ratify later
Have to stick with contract
HIPPA
Health Insurance Portability and Accountability Act protects patients information
Hamer V Sidway outcome
Homer asserts that the promisee, by refraining from the use of liquor and tobacco, was not harmed, but benefited and unless the promisor was benefited, the contract was without consideration. However, it is sufficient that he restricted his lawful freedom of action within certain prescribed limits upon the faith of his uncle's agreement, and now, having fully performed the conditions imposed, it is of no moment whether such performance actually proved a benefit to the promisor, and the court will not inquire into it. Judgment reversed.
Common law
Judge made law that acts in precedent and stare decisis
Statute
Laws that are passed by Congress or legislators
ADR win-win outcome?
Mediation
Misdemeanor vs felony
Misdemeanors are minor crimes that are generally punished through fines, etc rather than jail time. Felonies are more serious crimes that usually require jail time.
Primary methods of ADR
Negotiation, Mediation, Arbitration
How are most cases resolved?
Negotiations
Obscene speech protected by the First Amendment.?
No
What is the purpose of having three branches of government?
No central person has all of the power
Past consideration rule
No consideration
Can congress pass any law it wants?
No! Congress can only do what the Constitution says it can do
Ways we lose privacy
Phishing, Hacking, Malware
Wickard vs Filburn
Regulating the amount of wheat that could be sold. govt can regulate if it has a substantial economic effect on interstate commerce
UCC Damages
Sellers remedies: if buyer breaches a sale of goods contract, there are two remedies Resale goods elsewhere (good faith gets different price) If no resell, the gets the difference. Between contract price and market value of goods Seller may get incidentals but not consequential damages Buyers remedies: if seller breaches contract, buyer can 1. Cover: good faith purchase of goods similar to those in the contract If no cover, then diff between contract price and market value
Miranda rights
Statements must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.
Bill of rights are which amendments?
Ten amendments
When should a contract be in writing?
The deal is crucial to your life or life of your business The terms are complex You do not have an ongoing relationship of trust with the other party
When FOIA should be used
To gain info agencies use
When is assignment of rights prohibited?
When it completely changes the contract
Is burning the flag protected under freedom of speech?
Yes (TX vs Johnson)
Life insurance
You may only take out policy in the life of someone else's if you have an insurable interest in that person
Does a completed act have consideration?
a completed act cannot be basis for consideration
Capacity and violability
a party can get out of the contract
Ethics
a system of right or wrong that says how people should live
nominal damages
a token sum given to plaintiff to show a breach, but no serious damages (moral victory)
How are ambiguities interpreted?
accidentally unclear, parties think it is clear but it is not. Court will construct AGAINST the drafter
sever ability provision
allows legal elements to still be enforced
Offer
an act or statement that proposes definite terms and permits the other party to create a contract by accepting those terms
Assault
an act that makes a person reasonably fear an imminent battery
capacity needs
an adult (18) and a sound mind
Duty to Mitigate Damages
an injured party may not recover for damages they could have avoided with reasonable efforts
Stakeholders
any persons or groups who will be affected by an action: employees, customers
When do Lawyers like to negotiate touchy subjects?
at the beginning
What is the usury result
cannot charge excess interest on loans. If a creditor charges more than the allowable amount, then depending on the state they forgo the illegal interest, all interest, or even the entire loan balance.
Exculpatory clause
contract provision that attempts to release one party from liability in the event the other is injured
usury law purpose
depends on state
Contract title
descriptive
direct damages vs consequential damages vs incidental damages
direct- damages that flow directly from the contract consequential- damages resulting from the unique circumstances of the injured party incidental- relatively minor costs that the injured party suffers when responding to the breach...shipping cost, cost of taxi, miles per gallon, storage costs, advertising costs
Purpose of contract law
enforce agreements made by parties
When an offer terminates
expiration or death
How does EU view privacy rights?
fundamental
How does a minor ratify
guardian consent
Under what circs is intrusion into someone's private life a tort
idk
When is the UCC sale of goods in writing
if sale is over 500 dollars
Pre-existing duty consideration?
if someone provides a service that they are already required to do there is no consideration
What landowner has highest liability?
invitee (public place)
Stare decises and why it was created
let the decision stand...predictability and fairness
strict liability
liability without fault
Contracts that cannot be performed within one year
must be in writing
IF a K is for personal services - like music or art - can it be delegated?
no
if a contract prohibits delegation, can duties be delegated?
no
Can you assign personal injury claims?
no,
Elements of a contract
offer, acceptance, consideration, legality, capacity, consent, writing
Elements
offer- propose a deal acceptance- respond to proposal consideration- bargained for exchange legality- for legal purposes capacity- adult sound of mind consent- not forced or tricked writing- it depends
rejection of an offer
once rejected, rejected immediately terminates offer
Civil case Burden of proof
preponderance of the evidence
original purpose of statute of frauds
prevent lying
Criminal law is
primarily made up of statues passed by congress and state legislatures
Promissory Estoppel
remedy for injured plaintiff who can show: a promise, reasonable reliance and injustice
Larceny
taking personal property that is someone else's with intent to steal
Consideration
the inducement, price, or promise that causes a person to enter a contract and is a basis for the parties exchange
Battery
the intentional touching of another person in a way that is harmful or offensive
Life principles
the rules by which you live your life
revocation
the taking back of an offer by the offeror
what happens to minors if they rescind a contract
they return things and get their money back
Criminal Law and its parties
to prevent certain behavior to protect the public (Government vs defendant)
Why do major companies support ethical behavior?
unethical behavior is expensive...can pay employees less and charge customers more
Tort
violation of a duty imposed by civil law...personal injury, negligence
liquidated damages
when it's difficult or impossible to prove the damages, write in amount into the contract. Must be reasonable
Breach
when one party doesn't follow the contract
Are assigned rights legally enforceable?
yes