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