mgmt 211 ch 1-14 final

michael milken

"junk bond king" imprisoned for insider trading in 1988

Clean Air Act

(1970) set emission standards for cars and limits for release of air pollutants

Roe v Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Hopwood v. Texas

(1996) Supreme Court case in which 2 white students sued University of Texas School of Law because they were allegedly denied admission because of the school's affirmative action program; challenged the Bakke decision; ONLY APPLIED IN THE 5TH CIRCUIT; SC denied writ

Hopwood v. Texas

(1996) Supreme Court case in which 2 white students sued University of Texas School of Law because they were allegedly denied admission because of the school's affirmative action program; challenged the Bakke decision; use of race even as a means of achieving diversity on college campuses "undercuts the 14th Amendment"

SEC v Howey

(Court Case) Defined a Security as a "contract, transaction, or scheme, whereby a person invests his money in a common enterprise and is led to expect profits sole from the efforts of a promoter or third party."

true

(T/f) SOX is very controversial

true

(t/f) recently, state and local budgets have come under fire and there have been calls to cut back on the power of public sector unions

true

(t/f) workers comp covers employee regardless of fault

Youngstown Sheet & Tube Co. v. Sawyer

*a BIG example of judicial review* President Truman issues executive order, secretary of commerce sawyer ordered teh mill to continue operations by armed forces, owners sued sawyer, supreme court ruled that seizure of the mill was illegal

EEOC v. Sambo's of Georgia

--Restaurant did not hire Sikh who would not remove facial hair --RULING: Restaurant was justified in wanting to have a "clean cut" image for concerns of sanitation and customer reaction

Unadjudicated Insane

-court has not ruled person to be legally insane

adjudicated insane

-court has ruled person to be legally insane

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

marbury v madison

1803 Supreme Court case that established the principle of judicial review

Interstate Commerce Act

1887 law passed to regulate railroad and other interstate businesses, created ICC, *was to prevent railroad trusts*

Fair Labor Standards Act

1938 act which provided for a minimum wage for most Americans, overtime pay, and restrictions on use of child labor

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Equal Pay Act

1963 law that required both men and women to receive equal pay for equal work

Freedom of Information Act

1966 Act allowing citizens to inspect all government records with the exception of classified military or intelligence documents, trade secrets or private personnel files.

Miller v. California

1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)

Religious Freedom Restoration Act

1993 act which forbids any federal agency or state government to restrict a person's free exercise of religion unless the federal government demonstrates that its action 'furthers a compelling government interest'

no formalities, no special requirements to operate

2 advantages of sole proprietorship

elected by people of district, four year term

2 details about state district court judge elections

NASA, EPA

2 ex of independent exec agency

compulsory licensing and fair use

2 exceptions to copyright

spanish american war and the jungle

2 main causes for the shift from caveat emptor to caveat venditor

infringer had access to the original and substantial similarity

2 things you need to prove for infringement of copyright

18 years old, US citizen, does not have ot be attorney

3 characteristics of JP judge

partisan election, four year term, entire county votes

3 details about county judge elections

partisan election, four year term, elected by entire county

3 details of CCAL judge elections

state law varies, some types of businesses cannot be LLCs, newness so legal uncertainties

3 disadvantages of LLCs

unlimited liability, limited to amount of capital owner has, difficult for owner to borrow money

3 disadvantages of sole proprietorship

CPSC, OSHA, EPA

3 examples of socially conscious era AAs

sole proprietorship, partnership, corporation

3 historical types of business organizations

public employee speech, commercial speech, political speech by a business

3 important speech rights to a business

right-to-work laws, free speech, union ulps

3 major provisions of taft-hartley

25 year old, resident of district for two years, practicing lawyer/judge

3 qualifications for state district court judges

lie, practice (turn back odometer), omit key info

3 types of misrepresentation of material facts in fraud

five members, no more than three from same party, seven year staggered terms, only require three members to do business

4 characteristics of the structure of the CPSC

STP, Exxon, Volvo, Doan's

4 corrective advertising cases other than Listerine

abuse or misuse of product, assumption of the risk, comparative negligence, expiration of statute of limitations

4 defenses for Product Liability based on Strict Liability

limits are difficult to enforce, each firm must be constantly monitored, all producers are not equal, finding optimal tax rate is difficult

4 disadvantages of c-and-c

there was a sale, the defect of the product was substantial factor in injury, there was an unreasonable danger, product was defective when it left the manufacturer

4 elements of Product Liability based on Strict Liability

FTC, NLRB, SEC, FCC

4 examples of independent agencies

35 years old, 10 years experiences as attorney, resident of district, NO PRIOR JUDICIAL EXP REQUIRED

4 qualifications for state court of appeals judge

relation of partner to each other, responsibilities, duration, split of profits

4 things in written partnership agreement

jury duty, refuse to disobey law, military service, exercise a right you have

4 times where state courts and leges have been chipping away at the doctrine of "employment-at-will" for public policy

state banks ensured by FDIC, joint stock corps, some foreign entities, insurance companies

4 types of businesses that cannot be LLCs

process, machine, manufacture, composition of matter, or any improvement thereof

4 types of patent categories

based on negligence, based on breach of warranty, based on strict liability, market share liability

4 types of product liability we discussed

revocation, rejection, lapse of time, counteroffer

4 ways to terminate by person

agreement, consideration, capacity, legality, genuine assent

5 general elements of a contract

end of fixed period, occurrence of specified events, action to dissolve by members, LLC has NO members, judicial order

5 reasons for dissolution of LLC

domestic corp, individual shareholders, no more than 100 shareholders, one class of shareholders, shareholders must not be non-resident aliens

5 requirements of S corp

constitutional law, statutory law, executive creation of law, judicial creation of law, administrative law

5 sources of law

contracts that cannot be performed in a year, contracts for sale of goods over $500, transfer of an interest in property, promise to perform the obligations of others, pre nup

5 types of contracts written in writing due to the Statute of Frauds

limited liability, ease of operation, not required to have meetings, flexibility in taxation, flexibility in management, no limit on number/what can be members

6 advantages of LLC

ease of operation, desired length of existence, personal liability, tax consequences, ease of sale, ease of raising capital

6 factors in deciding the type of business entity

requires company to clean up oil spills within twelve miles of the US shore, pay costs, all oil tankers must be double hulled, each tanker owner must establish an oil cleanup contingency plan, Coast Guard certificate, $1 billion cleanup fund

6 provisions of OPA

new evidence, judge erred, misconduct, fraud, clerical error, monetary damage inaccurate

6 reasons for motion for new trial

performance, breach of contract/incomplete performance, discharge by conditional contracts, discharge by agreement, discharge by impossibility, repudiation

6 ways to discharge a contract

specifically legalized unions, collective bargaining, concerted activities, creates NLRB, makes company unions illegal, defines employer ULPs, sets up election of union representation

7 major provisions of Wagner

terms, independently audited statements, short biographies of management, discussion of financial interests of issuer, conflicts of interest, potential risks, status of any lawsuits

7 pieces of info required in registration statement from securities act of 1933

FOIA, Privacy Act 1974, HIPAA, Patriot, Electronic Communications, Children's Online, Financial Services Modernization

7 statutory laws regarding right of privacy that followed griswold v connecticut

virtually all gov employees, railroad and airline workers, domestic servants, ppl employed by parent or spouse, agricultural laborers, supervisors, independent contractors

7 types of ppl that are not protected under NLRA

offer, acceptance, meeting of the minds, consent to terms, executed and delivered, consideration, legality, capacity

8 elements of a texas contract

assault, battery, false imprisonment, IIED, invasion of privacy, defamation, malicious prosecution, fraudulent misrepresentation

8 types of personal intentional torts

Roth v US

A 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."

National Environmental Policy Act (NEPA)

A 1969 U.S. federal act that mandates all federal agencies to submit EIS and also for a Council on Environmental Quality to be created

Regents of the University of California v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.

texas v johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Citizens United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

acquiring company

A company that seeks to acquire another firm.

condition subsequent

A condition in a contract that, if it occurs, operates to terminate a party's absolute promise to perform.

void contract

A contract having no legal force or binding effect.

Collective Bargaining Agreement (CBA)

A contract negotiated by the employer and representatives of the labor union, and it covers issues related to employment. (AKA a labor contract)

executed contract

A contract that has been completely performed by both parties.

voidable contract

A contract that may be legally avoided at the option of one or both of the parties, it is VALID

conditional contract

A contract that one or more parties must perform only under certain conditions.

valid contract

A contract that results when all elements are present, this contract is ENFORCEABLE

unilateral contract

A contract that results when an offer can be accepted only by the offeree's performance. "promise for an act"

option contract

A contract under which the offeror cannot revoke the offer for a stipulated time period (because the offeree has given consideration for the offer to remain open).

Patriot Act

A controversial law overwhelmingly passed by Congress in October 2001, after the terrorist attacks of September 11 on the World Trade Center and the Pentagon. It greatly expanded the power of federal law enforcement authorities to move against suspected terrorists.

Respondeat Superior

A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment.

Anticybersquatting Consumer Protection Act

A federal law outlawing cybersquatting.

judicial activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground.

docket control

A legal-specific term that refers to entering, organizing, tracking, and controlling all the appointments, deadlines, and due dates for a legal organization.

constitutional convention

A meeting in Philadelphia in 1787 that produced a new constitution

compensatory damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

motion for new trial

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.

private nuisance

A nuisance that affects only a single individual or a very limited number of individuals.

offeree

A person to whom an offer is made.

promisor

A person who makes a promise.

offeror

A person who makes an offer.

disclosed principal

A principal whose identity is known to a third party at the time the agent makes a contract with the third party.

Partially Disclosed Principal

A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract.

undisclosed principal

A principal whose identity is unknown by a third person, and the third person has no knowledge that the agent is acting for a principal at the time the agent and the third person form a contract.

federal question

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. provides a basis for federal jurisdiction.

Environmental Impact Statement (EIS)

A report that must show the costs and benefits of major federal actions that could significantly affect the quality of the environment.

mailbox rule

A rule providing that an acceptance of an offer becomes effective on when it has been put in the mailbox IF IT IS PROPERLY COMMUNICATED

interrogatories

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath

request for admissions

A set of statements sent from one litigant to an adversary for the purpose of determining what facts are in dispute and which facts both parties accept as true.

right-to-work laws

A state law forbidding requirements that workers must join a union to hold their jobs.

usury law (idk was a term in his packet)

A state law that sets a maximum interest rate that may be charged for consumer loans.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

derivative action

A suit by a shareholder on behalf of the corporation to enforce a corporate cause of action.

Smith v. Allwright

A supreme court case in 1944 that ruled that it was unconstitutional to deny membership in political parties to African Americans as a way of excluding them from voting in primaries. (declared Texas White Primary unconstitutional)

townshend acts

A tax that the British Parliament passed in 1767 that was placed on leads, glass, paint and tea

market share liability

A theory of product liability under which a court can hold each manufacturer of a harmful product responsible for a percentage of a plaintiff's damages that is equal to the percentage of its market share.

bilateral contract

A type of contract that arises when a promise is given in exchange for a return promise.

Unenforceable Contract

A valid contract RENDERED unenforceable by some statute or law.

implied warranty

A warranty that the law derives by implication or inference from the nature of the transaction or the relative situation or circumstances of the parties.

Written partnership agreement

A written agreement that sets out in detail the rights and obligations of partners in a partnership.

yellow dog contracts

A written contract between employers and employees in which the employees sign an agreement that they will not join a union while working for the company.

excludes, not

ADA (excludes/includes) illegal drug users (and/not) alcoholics

market power

Ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time

Federal Espionage Act of 1996

Act saying the person or entity that stole trade secrets also will be facing criminal liability and owner might be awarded restitution (THIS IS FOR CRIMINAL TORTS)

Silent Spring by Rachel Carson (1962)

Alerted the public of the dangers of pesticide poisoning and environmental pollution in this book. (post WWII)

personal property

All property not classified as real property

Water Quality Act

Amended the Clean Water Act by addressing storm water pollution issues - requires industrial storm water discharges and municipal sewage discharge facilities to acquire permits.

State Implementation Plan (SIP)

An EPA-approved procedure outlining how a state intends to implement, monitor, and enforce the NAAQS

Wheeler Lea Amendment

An act of Congress passed in 1938 that amended section 5 of the FTC Act to read that unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce are declared unlawful.

specific performance

An equitable remedy in which the court orders the contract to be performed as agreed to by the parties.

rescission and restitution

An equitable remedy that annuls a contract and returns the parties to the relationship they had before the contract was made. PAY RESTITUTION IF NECESSARY

condition concurrent

An event that must occur at the same time as another condition in a contract.

hot cargo agreement

An illegal agreement in which employers voluntarily agree with unions not to handle, use, or deal in the nonunion-produced goods of other employers.

Implied Warranty of Merchantability

An implied warranty that a product is fit for the ordinary purpose for which it is used.

superseding cause

An intervening force or event that breaks the connection between a wrongful act and an injury to another; a defense to negligence

quasi contract

An obligation or contract imposed by law (a court), in the absence of an agreement, to prevent the unjust enrichment of one party.

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

detrimental reliance

Another name for Promissory Estoppel

wiley act

Another name for The Pure Food and Drug Act

reserved powers clause (10th amendment)

Any power that is not granted to the national government, or denied to the states, automatically reverts to the states.

Doctrine of Reverse Incorporation

Applies the 14th Amendment to the Federal Government

inside directors

Board members who are part of the company's senior management team

rescission

Both parties agree to terminate the contract without performance, must be supported by consideration (restitution)

care

Business Judgment Rule is used to establish the fiduciary duty of

National Priority List

CERCLA creates this list of sites that are to be given top-priority consideration for removal of hazardous substances and remedial action

common and statutory

Civil Law is a form of ______________ law(s)

establishment clause

Clause in the First Amendment that says the government may not establish an official religion.

make my day laws

Colorado statute that authorizes any degree of force against a trespasser who uses or threatens to use even slight force against the occupant of a home

4th amendment of exclusionary rule

Common law cases such as Brigham City v Stewart, Hudson v Michigan, Georgia v Randolph, and Illinois v Rodriguez chipped away at a person's rights under what amendment?

commercial speech

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

Pregnancy Act of 1978

Congress declared that discrimination because of pregnancy is a form of sex discrimination

Second Continental Congress

Congress of American leaders that first met in 1775, declared independence in 1776, and helped lead the United States during the Revolution.

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

loyalty

Corporate Opportunity Rule is used to establish the fiduciary duty of

professional corporations

Corporations formed by licensed professionals such as physicians, attorneys and insurance agents.

Meritor Savings Bank v. Vinson

Court ruling that first held that sexual harassment violates Title VII of the Civil Rights Act of 1964 regardless of whether it is quid pro quo or hostile environment harassment.

Sindell v. Abbott Laboratories

DES case that established the existence of market share liability

Committee of Unfinished Business

Decided on executive branch and created electoral college

nonattainment areas

Defined by The Clean Air Act as a locality where air pollution levels persistently exceed National Ambient Air Quality Standards, or that contributes to ambient air quality in a nearby area that fails to meet standards.

substituted service

Delivery of process in a method other than personal service (such as by mail or by publication).

$25000 or more

Drug-Free Workplace Act requires business with federal contracts of how much to certify they are maintaining a drug free workplace

Air Quality Control Regions (AQCRs)

EPA subdivides states into _____ and monitors each region to ensure compliance with EPA standards

NOT

Employment Division v Smith ruled that judges (were/weren't) required to engage in a case-by-case assessment of the religious burdens imposed by teh Const

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution

Hill v. Western Union Telegraph

Extremely drunk employee behind counter told lady customer "If you come back here and let me love and pet you, I'll fix your clock" -> sued for ASSAULT --Lost at appellate level b/c he did not act within scope of his employment

constitution courts

Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, &specialized courts such as the U.S. Court of International Trade

federal courts of appeal

Federal courts with mandatory, appellate jurisdiction.

Hart-Scott-Rodino Act

Federal statute requiring notification to government before mergers involving certain amounts or parties

consequential damages

Foreseeable damages that result from a party's breach of contract but are caused by special circumstances beyond the contract itself.

National Ambient Air Quality Standards

Health-based pollutant concentration limits established by EPA that apply to outside air.

US v. Trenton Potteries

Horizontal price fixing. They monopolizes toilet market but says we're not hurting customers, ruled illegal PER SE bc price fixing.

do not suffice

IIMD can only be used in TX when other torts...

failing firm defense

If one of the firms involved in a merger is facing bankruptcy or other circumstances that threaten the firm, the Court will look more favorably upon the merger

Long Arm Jurisdiction

If you are from another State and cause damage to property or injury to a person you can be required to return to the state where you caused the damage/injury to defend yourself, rather than the plaintiff-one who suffered from your conduct to go to your state to sue you.

subjective impossibility

In a contract, a situation in which it would be very difficult for a party to carry out his or her contractual obligations.

intentional torts

Involve harm caused by deliberate action

quasi in rem jurisdiction

Jurisdiction over real or personal property when the lawsuit has to do with personal liabilities not directly associated with the property.

voir dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

amendment

L-G is an ___________ to NLRA

at least one continuing members

LLCs can generally continue as long as they still have...

record keeping, start-up cost or registration fees

LLCs generally involve less

Jimmy Hoffa

Labor leader who build the Teamsters Union. Considered corrupt and was likely killed.

silicone breast implants

Largest class action settlement in history was regarding this

Black's Law Dictionary definition of law

Law is that which is laid down, ordained, or established. A rule or method according to which phenomena or actions coexist or follow each other. That which must be obeyed and followed by citizens, subject to sanctions or legal consequences is a "law"

procedural law

Law that establishes the methods of enforcing the rights established by substantive law. (ex miranda rights)

Nuclear Waste Policy Act of 1982

Law that selects and develops a permanent site of the disposal of nuclear wastes

jim crow laws

Laws designed to enforce segregation of blacks from whites

eugene deb

Leader of the American Railway Union, Head of Socialist Labor Movement, ran for president

Certificate of Dissolution

Legal Document issued by the State, which terminates an LLC

rule of reason, SC reversed and ruled for Leggin

Leggin v PSKS dba Kay's Kloset ruling

without

MACT is set (with/without) regard to economic or technological feasibility

misbranded

Making false or misleading label claims in food and drugs

15

Merck's board was ranked among the top ___ "best boards" by Business Week

Schuette v. Coalition to Defend Affirmative Action

Michigan case dealing with affirmative action that the Supreme Court agreed to accept in March 2013

1/3

NLEA says a "light" or "lite" version of a food has ___/___ fewer calories than a comparable product

40

NLEA says a "low calorie" food has fewer than ___ calories per serving and per 100 grams of food

3

NLEA says a "low fat" food has ___ or less grams of fat per serving per 100 grams of food

Civilian Conservation Corps (CCC)

New Deal program that hired 3 million total unemployed men to work on natural conservation projects

permanent nuisance

Nuisance is permanent and thus fixed, continues indefinitely

$1 billion

OPA sets up $___________ fund for cleanup and compensation

administrative law judge

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

temporary nuisance

Ongoing nuisance that continues to be a nuisance from time to time

Texas White Primary

Only white people could vote in primary election because political parties determined who voted

implicitly

Owner must expressly or _____________ establish that person is a trespasser

Katzenbach v. McClung

Owner of a restaurant refused to seat blacks in violation of the Civil Rights Act of 1964. Result: Discrimination in restaurants posed significant burdens on interstate flow of food and movement of products. - commerce clause

T-H

POTUS has the right to intervene in labor disputes if the nation's security is at risk according to which labor act?

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment

Occupation Safety and Health Act

Passed in 1970, created OSHA, act to protect employees of companies from potential dangers of an unsafe environment that may exist in the workplace, employers must comply with standards established by OSHA

market share

Percentage of the relevant market controlled by the firm

stamp act of 1765

Placed a tax on almost all printed materials in the colonies

eminent domain

Power of a government to take private property for public use.

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

Duty to Cooperate with Agent

Principal has to do what agency relationship requires

Vicarious Liability

Principal is liable for an agent's tortious conduct because of the employment contract between the principal and agent

answer

Procedurally, a defendant's response to the plaintiff's complaint.

relevant market

Product market + geographic market

Age Discrimination in Employment Act

Prohibits discrimination against workers over the age of 40

Civil Rights Act of 1964 Title VII

Prohibits discrimination in privileges of employment based on race, color, religion, sex, or national origin

Council of Institutional Investors (CII)

Promote accountability of corporate executives by monitoring the governance of publicly traded corporations to ensure that their governance structure promotes the interest of shareholders

Soil Conservation Service

Promoted control and prevention of soil erosion, made during New Deal Era

firm concentration

Proportion of the relevant market served by the largest firms in the market

virginia plan

Proposal to create a strong national government in the constitutional convention

fourth amendment

Protects against unreasonable search and seizure

rejection

Refusal by the offeree

challenge for cause

Removal of a prospective juror by showing that he or she has some bias or some other legal disability

preemptory challenge

Removal of a prospective juror without giving any reason.

petition for writ of certiorari

Request to the Supreme Court that it review a lower court case.

Regulation SK

Requirements applicable to the content of the non-financial statement portions of most filings. (???) ask someone ab this

let the master answer

Respondeat superior means:

removal doctrine

Right to have a state suit removed to a federal court if it involves more than $75000 and residents of more than one state

Cuyahoga River

River that in the 1960s carried so much flammable waste that it caught fire.

GAAP

SEC pays a major role in the formulation of what accounting rules

blue sky laws

STATE laws that regulate the offer and sale of securities.

10b-5

Securities Exchange Act of 1934 rule that covers insider trading

EEOC v. Mercy Health Center

Sex discrimination case. Business is allowed to adopt a policy of sex discrimination if it is a bona fide occupational qualification. Absolutely necessary to job (privacy issues, etc)

3 million

Simpson-Mazzoli provided amnesty to how many illegal aliens

district court

State trial courts that hear and decide both civil (high dollar) and criminal (felony) cases.

Hutchinson v. Proxmire

Stated that members of Congress cannot be sued for what they say during sessions or "on the floor"; but they can be sued for libel. (Golden Fleece Award case")

Schechter Poultry v. U.S.

Supreme Court case that ruled the NIRA (National Industrial Recovery Act) unconstitutional because such a reach of power for the President, ppl were worried this would invalidate entire New Deal

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Reichert v. State ex rel McCulloch

Supreme Court of Montana said due process requires recusal when the probability of actual bias on the part of the judge or decision make is too high, aka judge should step down when there is a probability of actual bias

Yakus v US

Supreme Court ruled that delegation of legislation authority was okay as long as there were standards and powers were limited

Caperton v. Massey Coal Company

Supreme Court ruled that elected judges should not rule in cases involving their major backers, Court held that Justice Benjamin (West Virginia) failed to recuse himself and violated the plaintiff's due process under the fourteenth amendment

Shearson/American Express v. McMahon

Supreme Court ruled that if the parties to a law suit had agreed, prior to the dispute arising, to go to arbitration rather than litigation, then the Federal Arbitration Act required them to go to arbitration

Maine v. Taylor

Supreme Court ruled that state law prohibiting the importation of bait from outside Maine was constitutional because the state's economy was largely dependent on the fishing industry

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government. greatly expands power of nat gov.

constitutional law

Supreme law of the land

amendments

T-H and L-G are technically ______________ to Wagner

U.S. v. Standard Oil of New Jersey

THE example for judicial activism in our country's history

amendment

Taft-Hartley is technically an ________ to Wagner

misappropriation

Taking or stealing a secret and using it without the owner's permission

conservation

Teddy Roosevelt was called the _____________ president

Payne v Western

Tennessee Supreme Court case where the rule of "employment-at-will" was expressed

Revised Uniform Limited Liability Company Act of 2006 (RULLCA)

Texas law that made it clear that one member leaving an LLC was not a "terminating event" as long as the other members stay in the LLC

statute

Texas recognizes express warranty by case law and _________

LLPs (1991)

Texas was the first state to have what business entity?

Company Regulations

Texas's name for Operating Agreement

fiduciary duty

That duty owed by an agent to act in the highest good faith toward the principal

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

US v. Lopez

The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone.

Hughes v. Oklahoma

The Court held that the state law, which prohibited transportation of minnows outside the state when the minnows were caught in the state, was a violation of the dormant commerce clause because the real purpose of the statute was to try to make out-of-staters purchase the minnows in the state.

1938

The FTC's authority to regulate unfair or deceptive practices along with antitrust law began in?

formal amendment and judicial interpretation

The U.S. Constitution can be changed by?

fair use

The ability to use a small amount of copyrighted work without permission, but only in certain ways and in specific situations (schoolwork and education, news reporting, criticizing or commenting on something, and comedy/parody).

codification

The act or process of rendering laws in written form

firm concentration and barriers to entry

The big issue is determining which mergers lessen or at least threaten competition and which do not, usually determined by examining

interference with prospective economic advantage

The business intentional tort resulting from the unreasonable interference with another person's business prospects. The interference must involve conduct which is illegal or highly unethical.

contract clause

The clause in the U.S. Constitution that prohibits the government from unreasonably interfering with an existing contract.

connecticut compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives.

separation of ownership and control

The dispersal of ownership among many small shareholders, in which control is largely concentrated in the hands of salaried, professional managers who own little (or no) equity.

direct examination

The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.

Omnibus Transportation Employee Testing Act

The federal law that requires drug (and alcohol) testing of employees in transportation-related occupations, including airline, railroad, trucking, and public transport workers.

HIPAA of 1996

The federal legislation enacted to provide continuity of health coverage, control fraud and abuse in healthcare, reduce healthcare costs, and guarantee the security and privacy of health information

Federal Water Pollution Control Act of 1948

The first federal action regarding water pollution Provided technical assistance but nothing else

venue

The geographical district in which an action is tried and from which the jury is selected.

tradable permits system

The government decides the optimal annual amount of environmental discharge of a particular emission and then permits are distributed based on a percentage of their production or by auction

Consumer Product Safety Improvement Act

The law enacted in 2008 requiring safety testing for children's toys and products, controversial for its impact on small businesses and secondhand stores.

standing to sue

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

beyond a reasonable doubt

The level of proof required to convict a person of a crime in criminal court

federal district courts

The lowest tier of the federal court system and similar to the trial courts that exist in each state

rational basis test

The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is assumed to be constitutional as long as its goals are clearly linked to its means.

rule of fours

The need of 4 justices by secret ballot to grant writ to hear a dispute

appellee

The party opposing the appeal

complaint

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

judicial review

The power to declare an act of Congress, or the president, unconstitutional and thus unenforceable

enumerated powers

The powers explicitly given to Congress in the Constitution.

new jersey plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population

commerce clause

The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.

preponderance of the evidence

The standard of proof in a civil case

Virginia v. Black

This case stated that cross burning was the equivalent of "fighting words", and was thus unconstitutional

Kefauver-Harris Amendment

This requires drug manufacturers to provide proof of safety and efficacy.

tippees

Those who receive "tips" from insiders

$1.1 billion

Total amount paid by Michael Milken

county court at law

Trial courts created by statute to assume the responsibilities of constitutional county courts in counties with larger populations.

taft-hartley (was overridden)

Truman vetoed what act

Griggs v. Duke Power

U.S. case that recognized disparate impact

Drug-Free Workplace Act

U.S. law that requires federal contractors with contracts of $25000 from federal government to certify they are maintaining a drug-free workplace.

Lawrence v Texas

Using right of privacy, struck down Texas law banning sodomy.

Gun Free School Zones Act

Using the commerce clause, congress ordered schools free from guns. DECLARED UNCONSTITUTIONAL IN US V LOPEZ as an unreasonable application of commerce clause

Sunland Inc

Voluntary Recall of almond and peanut butter products after 29 complaints of sick ppl

International Workers of the World

Wanted social unionism - Failed miserably in America - wore Red Sashes (Wobbies)

implied warranty of fitness for particular purpose

Warranty given by seller to buyer that promises goods will meet the buyer's specified needs.

intolerable acts

What the colonists called the Coercive Acts

horizontal market division

When Competitors divide the Market between one another along the basis of Region, Product, or some other term

US copyright office

Where are copyrights registered?

rhode island

Which state did not attend the Constitutional Convention?

general counsel

Who decides what ULPs to prosecute

plessy v ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal (separate but equal case)

Robinson-Patman Act

a 1936 law that makes illegal any price discrimination if it injures competition

Endangered Species Act

a 1973 U.S. act designed to protect species from extinction

Articles of Incorporation and bylaws

a C-Corp is governed under state law by...

dividing states into AQCRs

a SIP is used for (dividing states into AQCRs/acid rain issues)

L-G

a bill of rights for union members was created with the passing of which statutory law passed by congress

first

a business's right of freedom of speech is found in what amendment

mesothelioma

a cancer of the lining of the lungs caused by exposure to asbestos and is usually fatal

short swing profits

a capital gain made by buying and selling the company stock within any six-month period

Fisher v. University of Texas

a case which ruled that strict scrutiny should be applied to determine the constitutionality of a race-sensitive admissions policy.

counterclaim

a claim made to rebut a previous claim.

S corporation

a closely held corporation that meets certain requirements of the IRS to avoid double taxation

Committees of Correspondence (1772)

a colonial network of passing information about british activities throughout the colonies

trade name

a commercial, legal name under which a company does business

target company

a company that another company wants to buy

disparate impact

a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities

condition precedent

a condition that must be fulfilled before a party's performance can be required

pretrial conference

a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial

Partially Executed Contract

a contract at the stage when one party has performed and the other has not

unconscionable contract

a contract that courts refuse to enforce in part or at all because it is so oppressive or manifestly unfair as to be unjust

implied contract

a contract that is inferred from the conduct of the parties

express contract

a contract that is stated orally or written

unliquidated debt

a debt that is disputed because the parties disagree over its existence or amount

default judgment

a decision that the plaintiff wins without trial because the defendant failed to answer in time

conditional (qualified) privilege

a defense in defamation cases affirming that the defendant published in good faith or as part of a duty to publish; it protects the defendant in a case that may otherwise be actionable

affirmative defense

a defense whereby the defendant offers new evidence to avoid judgement

consent decree

a document advertisers sign, without admitting any wrongdoing, in which they agree to stop objectionable advertising

Federal Patent Statute of 1952

a federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement

Federal Arbitration Act

a federal statute that provides for the enforcement of most arbitration agreements

civil theft

a good way to think about conversion is

patent

a grant from the fed gov that gives the applicant the exclusive right to make, use, sell, or allow others to use an invention for 20 years from the date of the filing of the application

70%

a large percentage of cases that go before the NLRB are usually dismissed by the agency. what percentage is this typically for a year?

Montana Wrongful Discharge from Employment Act

a law in the state of Montana outlawing the doctrine of employment at will

Privacy Act of 1974

a law that gives citizens access to the government's files on them

contract

a legal agreement of the parties to do something not obligated to do or to refrain from doing something legally entitled to do

Bona Fide Occupational Qualification (BFOQ)

a legally permissible way in certain situations to be able to discriminate against a protected class based upon creating a business model... a Catholic church can refuse a Rabbi to head the congregation, limited use in US

Limited Liability Limited Partnership

a limited partnership in which the liability of the general partners has been limited to the same extent as in an LLP

justice of the peace court

a low-ranking court with jurisdiction over minor civil disputes and criminal cases

mutual mistake of a material fact

a mistake made by both parties concerning a material fact that is important to the subject matter of a contract

mutual mistake of value

a mistake that occurs if both parties know the object of the contract but are mistaken as to its value

appellant

a person who files an appeal

forum shopping

a practice whereby the plaintiff chooses a court in which to sue because he or she believes the court will rule in the plaintiff's favor

12 months

a provisional registration for a patent will be abandoned if the inventor does not file nonprovisionally within...

Toxic Release Inventory (TRI)

a publicly available database containing information on toxic chemical releases and other waste management activities in the United States.

counteroffer

a rejection of the original offer and the simultaneous making of a new offer

rejoinder

a reply to a reply, especially from the defendant in a legal suit

request for production

a request to an opposing party for documents relevant to the lawsuit

directed verdict

a ruling that the plaintiff has entirely failed to prove some aspect of her case

cross-action

a separate and independent lawsuit brought by the defendant against a plaintiff for some reason arising from the same transaction or event that is the basis for the plaintiff's lawsuit.

Delaware Chancery Court

a special court established in that state to adjudicate corporate governance issues

concurrent opinion

a statement that agrees with the majority opinion, but for a different rationale

wildcat strike

a strike not approved by the strikers' union

Attractive Nuisance Doctrine

a tort rule that imposes liability on a landowner to children who have been attracted onto the landowner's property by an attractive nuisance and who are killed or injured on the property

adversarial system

a trial system that is a contest between opposing sides

proxy

a written authorization for someone to vote on behalf of the person signing it

express warranty

a written explanation of the producer's responsibilities in the event that a product is found to be defective or otherwise unsatisfactory

contractual capacity

ability to understand that a contract is being made and its general meaning

30

about how many states have passed off-duty conduct statutes that prevent firing someone for their legal activities outside work

half

about how many states have passed right to work laws

unliquidated debt

accord and satisfaction can only be used in cases of...

5%

according to Williams Act, any prospective purchase of more than ____ of a company's tock must file a tender offer proposal with the SEC

consulting

accounting firms are forbidden in providing certain types of __________ services to their audit customers

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

act administered by the EPA that gives power over pesticides and related chemicals, says they must be *registered* with EPA before they can be sold

Railway Labor Act

act that provides for railroad worker unions

Landrum-Griffin Act

act that regulates the internal affairs of unions

Toxic Substances Control Act

act that says manufacturers must *test* new chemicals and EPA can limit or prohibit manufacture or sale of toxic substance

constitutional rights

administrative agencies's investigatory powers are limited by

threat of public exposure, fines, court action

administrative tactics of enforcement

has all advantages of partnerships

advantages of an LLP

advisory opinions

advertisers can request these from the FTC as to whether a proposed ad will meet FTC standards

settlement of $206 billion, no more billboards, no cartoons, required corrective ads and stop Joe Camel ads

after Congress told FTC they actually can regulate unfair ads (as opposed to what FTC Improvement said), what did they do to Joe Camel

independent executive agency

agencies that are created like an executive agency but are not placed under a cabinet

executive agencies

agencies that are part of the executive branch, and they usually are placed within the hierarchy of an executive department

Nuclear Regulatory Commission (NRC)

agency charged with insuring safety of nuclear power plants

Agency by Apparent Authority

agency relationship where agent does not have actual authority, but principal can be liable if they know agent is acting on their behalf and they lead a third party to believe the agent can represent them

independent agency

agency that is not under anyone's direct control, created by congress, usually has a board or commission

result

agreed partial performance of a contract

accord

agreement between parties for different performance than required in contract

congress

all powers of an administrative agency are granted to the agency by

20 days

all takeover offers must be put on the table for at least

Hatch-Waxman Act

allowed FDA to approve generic versions of brand-named drugs

Family and Medical Leave Act

allows employees to take up to 12 weeks in a 12-mth period of UNPAID leave

tenth amendment

amendment that says the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Burlington Northern & Santa Fe Railway v. White

an AA and white employee caught doing illegal off-duty conduct, white employee fired, AA stayed on because of quota system. White employee sued and won for reverse discrimination.

quartering act

an act passed by the British that allowed British troops to live in the homes of the colonists

seller, advertiser

an advertisement is considered to be an offer from a _____________ not a _____________ in the realm of contracts law

implied authority

an agent's authority to do things not specifically authorized in order to carry out express authority

resale price maintenance

an agreement between a manufacturer and a distributor on the price at which a product will be resold

Operating Agreement

an agreement that governs the internal affairs of the LLC and relations among the members, managers, and officers

questions of law

an appeal to the US Court of Appeals can only be regarding what?

command-and-control

an approach to protecting the environment that sets strict legal limits and threatens punishment for violations of those limits

proxy contest

an attempt to gain control of a firm by soliciting a sufficient number of stockholder votes to replace existing management

Mitigation of Damages

an equitable remedy requiring a plaintiff to have done whatever was reasonable to minimize the damages caused by the defendant.

reformation

an equitable remedy used when the parties have imperfectly expressed their agreement in writing

OSHA

an example of a dependent agency

Consumer Product Safety Commission

an independent agency of the United States government that sets and enforces product safety standards and collects and disperses information

physical manifestation of harm

an intentional infliction of emotional distress ruling usually requires what

asbestosis

an irreversible thickening of the lung linings and eventually suffocates the victim

intervening illegality

an offer is terminated if the performance of the contract it proposes becomes illegal before the offer is accepted

Homestead Steel Strike

andrew carnegie's chairman cut worker pay by 18% while he wasn't there, built 12ft high fence around plant, hired pinkertons but they didn't get in in time, 9 workers and 7 pinkertons killed, strike broken w pennsylvania militia

10K

annual financial report required by SE Act of 1934

increase

another approach for improving corporate governance and lessening the principal-agent problem is to __________ the number, power, and independence of outside directors on the company's board of directors

federal anti-injunction act

another name for Norris-Laguardia Act

National Labor Relations Act

another name for Wagner Act

Agency by Estoppel

another name for agency by apparent authority

judge-made law

another name for common law

qualified privilege

another name for conditional privilege

Food Additives Amendment

another name for delaney clause

dependent agency

another name for executive agencies

monetary damages

another name for legal remedies

implied-in-law contract

another name for quasi contract

anticipatory breach

another name for repudiation

trade libel

another name for slander of quality

legislative law

another name for statutory law

trust buster act

another name for the Sherman Antitrust Act

trespass to chattel

another name for trespass to personal property

prevent and punish anticompetitive practices

antitrust law is designed to prevent...

barriers to entry

any characteristics of the relevant market that make it particularly difficult for new firms to enter and thereby compete w established firms

advertising

any communication that businesses offer customers in an effort to increase demand for their products

equitable remedies

any form of relief that does not involve a request for monetary damages

food additive

any ingredient that is added to food that was not naturally occurring in the food or that was naturally occurring but was lost during the preparation of the food production process

trademark

any word, name, symbol or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods

complete

anything less than _______ performance is breach of contract

trade secrets

anything the business wants to keep secret from their competitors, such as formulas, customer lists, price lists, research, plans for future, marketing

district court within its jurisdiction

appellate court precedent is only binding on ...

Compulsory Licensing

applies to sound recordings, a system allowing copyrighted works to be used without negotiation or consent in exchange for mandatory payment of royalties

"balancing of interests" approach

approach by the courts that allows the state and fed govs to limit the right of free speech when other social values predominate

neither

are conglomerate mergers horizontal or vertical

yes

are employers almost always required to bargain collectively

legal remedies

are equitable or legal remedies more common

no

are equitable remedies available if legal remedies are sufficient

no

are independent contractors protected under Wagner

no

are self-dealing transactions always a violation of the duty of loyalty

broad

are the enabling statutes broad or narrow

NO NO NO

are there punitive damages in contracts

no

are there standards yet for indoor air

yes

are tippees liable

yes

are treaties an example of federal law

no by common law, some states allow by statute

are you allowed to use deadly force to protect your property

no (but its still beneficial)

are you required to give notice after obtaining a copyright

negligence

arises to due failing to use reasonable care

clayton antitrust act

attempted to address many of the holes left by the Sherman and those created by the courts in interpreting it

5 years

auditors are required to keep records for how long

Safe Drinking Water Act (1974)

authorizes EPA to establish national drinking water standards, forbids dumping of wastes into wells used for drinking purposes

per se violations

automatic violations of section 1 of sherman

state

basically the type of law that governs all business entities (to my understanding) is ________ law

no case law, no federal protection

because of the newness of LLCs...

silicone breast implants

best example of FDA's authority over medical devices

Certificate of Organization

birth certificate of the LLC

outside directors

board members who are not employees of the firm

tombstone ads

brief announcements identifying the security and stating its price, by whom orders will be executed, and from whom a prospectus may be obtained

southern

bryan, TX is in what federal district court

intentional interference with contractual relations

business intentional tort where a valid contract between two parties is interfered with by a third party who knew about the contract and induced someone to breach it

disparagement

business intentional torts that is basically business defamation

false advertising

business intentional torts where advertising that is misleading in some important way, including the failure to reveal facts about possible results from using the advertised products

1100

by the time the first cleanup barge arrived to the Exxon Valdez disaster, how many miles of Alaskan coastline was covered in oil

Wagner

called the Magna Carta of the labor movement

Food, Drug, and Cosmetic Act of 1938

came after elixir sulfanilamide issues, greatly expanded the power of the FDA, gave new penalties

yes

can CCAL be original court of juris

yes

can a partnership technically operate with no formalities

yes (as opposed to LP)

can all members take part in management of LLP

yes

can an administrative warrant be waived

yes but rarely

can appeals cases in AL be de novo

vertical market divisions

can be territorial restraints where a manufacturer tells a retailer where they can sell a product such as in a distributorship, or customer restrictions

yes

can consent be implied

yes

can county court be court of original jurisdiction

yes

can failure to speak amount to fraud

yes

can judiciary review agency decision

yes

can municipal bodies also pass statutory laws

yes (but not usually)

can municipal court be a court of record

no

can parties truly discharge in subjective impossibility

no

can private parties file suit under FTCA

no

can something that is public domain be patented

yes (no)

can state law conflict with nat law (does congress always preempt)

no

can teachers go on strike in TX

yes

can the administrator of the EPA be removed by the president

yes but ONLY if the innocent party allows them to

can the breaching party in a repudiation situation change their mind and perform the contract to discharge

worker's comp

can you recover more money taking worker's comp or suing for negligence

Greenman v. Yuba Power

case about shopsmith tool, called for Product Liability based on Strict Liability of tort under the law

US v. Suntar Roofing

case law for horizontal market division

Palsgraf v. Long Island Railroad

case law for proximate cause

Texaco v. Pennzoil

case law of intentional interference with contractual relations

Baxter v. Ford

case law that says Express Warranties are Binding, and Manufacturers are Liable if the Product fails to perform as stated

Henningsen v. Bloomfield Motors

case law, recognized the existence of implied warranty

Citizens United v. FEC

case that changes everything about political speech by a business

marbury v madison

case that established judicial review

macpherson v buick

case that established the idea of Products Liability based on Negligence

ILA v Jacksonville Bulk

case that established what is and what is not a labor dispute

Phipps v Clark Oil

case that made it illegal for employees to be discharged for disobeying the law

NLRB v. Mackay Radio

case that makes it clear that the employer is free to hire permanent or temporary replacement workers (scabs)

gibbons v ogden

case that said in order to fall under commerce clause, a business must "concern itself with more than one state". This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey.

NLRB v. Washington Aluminum

case that said non-union employees were protected under law for concerted activity when the activity was for "mutual aid or protection"

Brunswick v. Pueblo Bowl

case that said only those actions that were anticompetitive fell under antitrust law

NLRB v Babcock

case that says nonemployees are allowed on site (as long as they don't affect productivity) to drum up support for unions

Gitlow v. New York

case where SC made 1st amendment apply to states (communist guy)

NLRB v. Jones and Laughlin Steel Corp.

case where SC said Congress could regulate in areas that have a "serious effect upon interstate commerce". expansion of commerce clause

Texaco v. Hasbrouck

case where he had own tanker truck, cheaper gas could beat competition, disallowed under price discrimination

New State Ice Co. v. Leiberman

case where states are referred to as "laboratories" for national law

McConnell v. FEC

case where the supreme court upheld all major elements of the Bipartisan Campaign Reform Act of 2002, including those permitted regulation of soft money and issue ads. later declared unconst by Citizens United v FEC

PWR Processing

case with "bait and switch" deceptive price advertising

price discrimination

charging different buyers different prices for no reason

commerce clause

chief clause of congressional power to regulate business

john marshall

chief justice of the SC during commerce clause

NCAA v. Board of Regents

cited CBS v BMI, said this was the only way to do business, court disagreed and ruled for the universities

National Resources Defense Council (NRDC)

citizen group that the EPA counts on the pressure polluters

tort

civil wrong other than breach of contract for which the law provides a remedy in the form of damages

specific and preventative, broad and punitive

clayton is _____ and ____ where sherman is _____ and ____

interstate commerce

commerce between states

intrastate commerce

commerce within a state

fundamental rights or suspect classification like race (highest protection)

compelling state interest test is involved in what classification of due process cases

implied contract

contract based on written or oral statements, or employer's past actions, statements, policies and practices

voidable

contract is _________ by child

executory contract

contract not fully performed on both sides

exclusive dealing contract

contracts under which a seller stops a buyer from purchasing the seller's competitors products

nothing

contributory negligence says that if the plaintiff is partially negligent, how much do they recover?

january 1, 1978

copyright act of 1976 gave automatic rights for copyright works after what date

national

copyright law is exclusively ________ law

state

corporate law is ______ law

business judgment rule

corporate officers and directors are held harmless for any decisions they make in good faith, after prudently exercising due care and diligence, even tif those decisions later prove to have been in error

closely held corporation

corporation that is not publicly traded and transfer of shares is limited within a small number of people, must follow corporate structure

where it does business

corporations can be considered 'citizens' of all states where...

Warner-Lambert v. FTC

corrective advertising case, Listerine was ordered to include in its ads that "listerine will not prevent colds", which they had claimed without any proof

loyalty

court are mush less tolerant of deviations from the fiduciary duty of (due care and diligence/loyalty)

Hester v. US

court case that births open field doctrine; authorizes open field searches w/o warrant

Cantwell v. Connecticut

court case that said the right to believe a religion is absolute, but right to practice the religion is not absolute

Heart of Atlanta Motel v. US

court case where SC ruled that federal gov could regulate a motel that was discriminating because interstate travelers would stop there, which affects interstate commerce

Wickard v. Filburn

court case where farmer grew more wheat than allowed because he was being funded by congress. Congress said they could regulate that because even though it was for his personal consumption, it would effect interstate commerce. Expansion of power of the Commerce Clause

in personam jurisdiction

court has territorial jurisdiction over the persons within its area of authority

in rem jurisdiction

court has territorial jurisdiction over the property (tangible and intangible) within its area of authority

Gonzales v O Centro

court held that could drink hallucinogenic tea (even though it was illegal) because of religious purposes (gov did not demonstrate a compelling interest in barring the church)

small claims court (people's court of texas)

court that was merged to the JP court recently because it was basically the exact same thing as the JP court WITHOUT CRIMINAL JURSIDICTION

it can be covered by another tort

courts discourage using IIED if...

$30 bill

courts forced manufacturers to set up trust fund totaling _______ to pay victims of asbestos

Public Company Accounting Oversight Board

created by SOX to establish and enforce ethical auditing standards for auditors of public companies

federal trade commission act

created the FTC and regulated unfair methods of competition and deceptive acts or practices of competition

Energy Reorganization Act of 1974

created the NRC

statutory

criminal law is exclusively ____________ law

trial

culmination of the litigation

Rehabilitation Act of 1973

curb cuts and handicapped ramps and signs are under both the ADA and what other law created by Congress?

immigration act of 1924

curtailed immigrants thus favored American workers, helped toward union movement

federal felony

cybersquatting is now considered to be...

liquidated damages

damages that parties to a contract agree in advance should be paid if the contract is breached

April 19, 1775

date of Lexington and Concord

Brady Handgun Violence Prevention Act

declared to be in part unconstitutional by Printz v US

libel

defamation in written form (or permanently recorded)

Lack of Power in the Industry

defense for mergers, Firms Merging have negligible effect on overall Market and so combining them would not affect Competition

absolute privilege

defense to defamation, says a witness testifying in a court or legislature may never be sued for defamation

poison pill

defense to hostile takeover that is anything that will make if more financially expensive to take control of the company

pac man

defense to hostile takeover that is basically a reverse hostile takeover (you try to take over the hostiles)

white knight

defense to hostile takeover where you get someone else who would be better suited to takeover

scorched earth

defense to hostile takeover where you sell off the portion of the company that the hostiles wanted to someone else (so hostiles don't want you anymore)

contributory negligence

defense to negligence that says failure of a plaintiff to exercise reasonable care for his own protection, which contribute to the injury

comparative negligence

defense to negligence which allows apportionment of liability between plaintiff and defendant, according to degree of responsibility each bears for plaintiff's harm

good faith and artisan's lien

defense to trespass to personal property

anticompetitive practices

deliberate actions by firms to harm their competitors rather than improving their own products and services

marbury was a judge that adams nominated, jefferson wouldn't give him his job, marbury sued

details of marbury v madison

no, it just set overtime pay for over 40 hours

did FLSA create the 40-hr work week?

no, just illegal restraint of trade

did Kraft v McConoughey give ruling that per se illegal?

yes

did george w bush allow dont ask dont tell to remain in place

no

did red m&ms contain red dye no 2

negotiation

discussion aimed at reaching an agreement, done w or without attorneys

slander of quality

disparagement related to false statement about the quality of property

slander of title

disparagement related to false statement of ownership of the business property

yes

do all 50 states have LLC legislation

yes (as opposed to LP)

do all partners have limited liability in an LLP

less

do cars have more or less rights to search and seizure

no

do civil and admin law have a court appointed attorney

more (new board members may feel obligated to the CEO)

do corporations that rely on the CEO to suggest board members have (more/less) of a conflicting interest

no (they will not bail you out of a dumb deal)

do courts generally care about the adequacy of the consideration

no

do federal districts cross state lines

judicial passivism (legislative intent)

do judges usually follow judicial passivism or judicial activism

no

do most business transactions result in litigation

no

do partners in an LLP have to be listed on the registration like the organizers in an LLC

no

do the 12 months for a provisional patent count in the 20 years for a nonprovisonal patent

no

do you have to prove injury to land for trespass to land theory

doctrine of incorporation

doctrine where the courts used the 14th amendment to incorporate many of the other protections afforded by the Bill of Rights so they'll be applicable to the states government

prospectus

document issued to possible buyers of a stocks and bonds outlining the financial condition of the company issuing those securities

yes (bc usually the corporate officials often negotiate with CalPERS before the vote comes around)

does CalPERS usually get what it wants

no

does FDA mandate labeling that a food product has been genetically engineered

yes, USDA

does NLEA apply to solely FDA-regulated foods? and if so, what other agency has voluntarily implemented them

no

does S corp have double taxation

yes

does SC have original court jurisdiction

yes

does TX have right to work laws

no

does TX recognize the tort of interference with prospective economic advantage

yes

does TX recognize the tort of malicious prosecution

no

does TX require privity of contract in express warranty or implied warranty

no

does TX use "reasonable duty"

rejection by offeree

does a counteroffer indicated revocation by the original offeror OR rejection by the original offeree?

no

does an agency relationship have to be in writing according to the Statute of Frauds

yes

does business unionism differentiate between skilled and unskilled laborers within the unionized system?

no

does court of appeals judge need prior judicial experience

no

does fifth amendment (against self-incrimination) apply to corporations

no

does fifth amendment apply to civil cases

no

does giving execs compensation in stock eliminate the principal-agent problem

yes

does going onto the property to improve it count as trespass to real property

no (just that they intended to do the action)

does intentional torts mean that the tort was intending to cause harm

no

does municipal judge need law degree

no

does public/private law have anything to do w publicity

no

does puffery count as fraud

no

does substantial performance discharge the breaching party from the contract

no

does texas have an anti-shoplifting statute

no

does the EPA have a lot of power to set standards

no

does the SEC rate securities

no

does the US believe in comparable worth

no

does the US have a provision for minority unions (unions that support ppl if the majority vote is not won)

no

does the duty of due care and diligence require directors to make the "right" decision

yes

does the fifth amendment provide protection from self incrimination on both the state and federal level

no (just a superior right) (example, lease of an apartment)

does trespass to real property mean you need ownership of the property

tx does, fed doesnt

does tx/fed gov use sunset laws

legal detriment

doing an act one is not legally obligated to do or not doing an act that one has a legal right to do

lawn darts

dubbed by some as the most dangerous toy ever

economic

duress must be more than ________ for it to be considered as affecting a person's ability to real and genuine consent

great strike of 1877 and Pullman strike

during which two strikes did the US army have to intervene?

duty to indemnify

duty of principal to agent that says principal must insure agent losses THAT ARE NOT THE AGENT'S FAULT

restitution

duty to return the object of the contract to the disaffirming party

separate law (in the lege)

each CCAL is created by...

30 days

employees must give how much notice if foreseeable under FMLA

employers

employment-at-will favors (employers/employees)

state common law

employment-at-will is based on what kind of law

registration and disclosure requirements to SEC for insiders

enforcement of 16b is facilitated how

stability, predictability, uniformity

enforcement of the law is the key that leads to what three things

court order

equitable remedies are usually a _______________ to do or not do something

sherman antitrust act

essentially outlawed trusts in the US and empowered the fed gov to break up an existing trust as it saw fit

U.S. v. Standard Oil of New Jersey

establishes the rule of reason, guts sherman

courts

everyone loved FDR except for the

FTC, NLRB, EPA

ex of economy wide regulatory agencies

ford employees boycotting ford's suppliers

ex of secondary boycott

Disney/Ovitz

example for fiduciary duty of due care and diligence dispute

Tidelands Automobile Club v. Walters

example of IIMD ruling in TX

coal industry, western coal has less sulfur dioxide so environmental regs don't hurt them as much

example of political problems in environmental regs

police officer

example of privilege defense

you promise someone a million dollars to a construction project, they start building bc they REASONABLY believe you and you back out

example of promissory estoppel

substantive says you can't murder, procedural determines the prosecution

example of substantive/procedural law in action

seniority system, merit system, differential based on anything other than sex

exceptions to Equal Pay Act

standard oil of california v US

exclusive dealing contracts case that said the company was restricting access in the relevant market

court's charge

explaining the law to the jury which the jury must follow

cartel

extreme example of horizontal restraint of trade

trademark is lost

failing to file the post registration documents for a trademark means

consumers and competitors

false advertising hurts who?

john marshall

father of the american court system

Council on Environmental Quality (CEQ)

federal agency that establishes national policies on environmental quality and then recommends legislation to implement these policies

sin taxes

federal tax on alcohol and tobacco

motion of judgment notwithstanding the verdict (judgment n.o.v.)

filed by losing party, verdict not supported by evidence

$1000 and/or 30 days

fine/jail time for "other users" under FIFRA

$25000 and/or 1 year

fine/jail time for commercial dealer under FIFRA

$50000 and/or 1 year

fine/jail time for producer/registrant under FIFRA

$50000 per day and/or 2 years

fine/jail time for the Noise Control Act

Lexington and Concord

first battles of the Revolutionary War

copyright act of 1790

first creation of copyright law which said what is and is not copyrightable material

Interstate Commerce Commission

first federal administrative agency

east india company and hudson bay company

first major corporations

Norris-LaGuardia Act

first national pro-labor law

River and Harbor Act of 1886

first of Clean Water Acts, it was a permit system to make sure that waterways were navigable

sugar act of 1765

first tax the british put on colonies. put taxes on sugar, wine, coffee, most of the products imported to colonies

municipal courts

first tier of texas trial courts

texas court of appeals

first tier of true state appellate courts

great strike of 1877

first time the army was used to break a strike

federal/state, private/public, civil/criminal, substantive/procedural, equitable/legal

five classifications of law

duty to cooperate, duty to compensate, duty to reimburse, safe work environment, duty to indemnify

five duties of principal to agent

same as fraud

five elements for deceit tort in false advertising

pleadings, discovery, pretrial, trial, appeal

five phases of litigation

copyrights, patents, trademarks, trade names, trade secrets

five types of intellectual property

predictability and uniformity

following precedent leads to what

yes, no (unless disobedience)

for disclosed/partially disclosed principals, is principal liable? is agent liable?

yes

for essential gov workers, is it still illegal to go on strike

yes

for existing plants that are point sources for water pollution, is cost severity and time considered into deciding what type of water control

no

for interference with prospective economic advantage, is an agreement in the form of a contract required

no

for new plants that are point sources for water pollution, is cost severity and time considered into deciding what type of water control

yes (unless agent was outside scope of authority), yes but principal will reimburse as long as within scope of authority

for undisclosed principals, is principal liable? is agent liable?

articles of dissolution

form filed once "winding up is over" to dissolve a LLC

copyright

form of protection for original works of authorship fixed in a tangible medium or that can be reduced to a tangible medium of expression and includes both published and unpublished works

Labor-Management Reporting and Disclosure Act

formal name for L-G

Public Company Accounting Reform and Investor Protection Act

formal name for Sarbanes-Oxley

Immigration Reform and Control Act

formal name for Simpson-Mazzoli

constitution

formal procedures for adopting statutes are set forth where?

corporate governance

formulating, overseeing, and monitoring the corporate process to shape its strategiv direction and performance, define its mission and scope, and assess its interactions with affected groups

judiciary act of 1787

found unconstitutional by courts in Marbury vs. Madison, which established judicial review

efficient plants have an incentive to reduce emissions, nonefficient plants have an incentive to adopt tech, society gets a reduction in emissions, permit system produces known amount of emissions

four adv to tradable permits system

drinking water, recreation, propagation of fish and wildlife, agricultural and industrial use

four areas regarding water that the EPA sets standards for

death, temporary partial disabilities, permanent disabilities, medical including prescriptions

four coverage categories of workers comp

ads are tasteless, creates false differences, allocates demand, high expense makes it difficult for new firms

four criticisms of advertising

volume discounts, cost justification, changing conditions, meeting competition

four defenses to predatory pricing

necessities, enlistment in military, marriage contracts, statute (insurance, banking, public transit, student loans)

four exceptions to minors being able to disaffirm contracts

Craft v. McConoughy

four grain merchants case that established antitrust common law

arbitrary or fanciful, suggestive, descriptive, generic

four labels of trademarks

Enron, Worldcom, Tyco, and Adelphia Communications

four major corporate governance scandals in early 2000s

prevent surprise, prepare for trial, preserve evidence, harassment

four purposes of discovery

appeasement, justice, deterrence, social insurance

four purposes of tort law

mistake, fraud, duress, undue influence

four reason that genuine assent might not be genuine

someone dies, subject matter destroyed, intervening illegality, becomes massively commercially impractical

four reasons for objective impossibility

25 year old, lived in county for past two years, practiced law/been judge for last four years, HAVE TO HAVE LAW DEGREE

four requirements of CCAL judge

voting, proxy solicitation, shareholder proposals, derivative actions

four rights of shareholders

med products and tobacco, foods, global ops and policy, ops

four subparts of the FDA

disparagement, false advertising, intentional interference with contractual relations, interference with prospective economic advantage

four types of business intentional torts

substantial fed question, state court in conflict w fed trend, court rules on issue not previously decided, conflict between circuits

four types of cases which usually get to the SC

STDs, sexual misconduct, criminal history, professional abilities

four types of defamation per se

depositions, interrogatories, request for admission, production of documents

four types of discovery

contractual exceptions, state common law (public policy), state statutory law, federal discrimination law

four types of exceptions to employment-at-will

medical costs, temporary payments, death benefits, payment for permanent disability

four types of financial benefits you can get from workers comp

using person's picture or name wo permission, intrusion (wiretapping), public disclosure (publishing credit report), publication that puts ppl in false light

four types of invasion of privacy

self reporting, hearings, subpoena, physical inspection

four types of investigatory powers

motion to dismiss for failure to state claim, summary judgment, challenge venue, temporary order

four types of pretrial motions

tort theories, states, foreign pressure, interest groups

four types of private protection of the environment

price discrimination, exclusionary practices, tying arrangements, mergers

four violation areas of clayton

is the speech legal? is gov interest substantial? does reg of speech directly advance that gov interest? AND does reg of speech go too far than is necessary to advance that gov interest?

four-prong test of commercial speech

Magnuson-Moss Act

gave FTC the power to act against all fraudulent practices and granted FTC power to regulate industry-wide behavior by formulating trade regulation rules

Trademark Law Revision Act

gave business owners the right to treble damages in false comparative advertising and instituted "intent to use" filing

Financial Services Modernization Act of 1999

gave commercial banks the full authority to enter the investment banking and insurance business

Nutritional Labeling and Education Act 1990

gave the FDA explicit authority to require mandatory nutritional labeling on almost all food products and specified what nutrients had to be listed on the labels

Texas Gulf Sulfur Case

geologist fibbed on report showing no value on land so minor investors bailed while major investors knew gold was on land so bought out minor investors

Supreme Court Selection Act of 1988

gives SC the right to almost total discretion over which cases will be accepted for review by the SC

Williams Act

gives SEC most of its control over takeovers

Uniform Trade Secrets Act

gives statutory protection to trade secrets, not very helpful though

Securities Exchange Act of 1934

goal of this law is to provide investor with sufficient information for the investor to decide to sell or hold securities and also to restrict the ability of the use of inside information

OPEC

good international example of a cartel

regulation

governmental interference with private business

substantive law

group of laws that define rights and duties

New England Compounding Center

had to issue a recall on compounding drugs that caused a meningitis outbreak that killed over 50 people and created a new interest in the compounding pharmacies for the FDA

no

has texas accepted the changes on product liability in the restatement (third) of torts

yes

has texas adopted the second restatement of torts

interlocking directorates

having the same people sit on competing corporation's board of directors, restricted by clayton section 8

compelling state interest

highest-level standard. a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently

CBS v BMI

horizontal price fixing --There's no way of knowing how many times a song is sung, etc. --set prices based on a guess --Defense: it's the only way to do it *this is an exception to idea that horizontal price fixing is per se*

Appalachian Coal v US

horizontal price fixing. they used rule of reason even though they shouldn't have. *this is the case that they sweep under the rug* and pretend didn't happen.

executive order

how are executive agencies usually created

state wide partisan elections

how are justice elected for texas supreme court and texas court of criminal appeals

appointed by pres, confirmed by senate

how are ppl put on the NLRB

11 for states, 1 for DC, 1 specialized

how are the federal courts of appeals courts split up

words or actions

how can a minor disaffirm/ratify a contract

with the consent of all LLC members

how can an Operating Agreement be amended

ratify non-agent's actions OR fail to disaffirm them

how can an principal ratify a non-agent's action in an agency by ratification

congress can propose a constitutional amendment

how can congress circumvent a supreme court decision

lock door

how can someone implicitly establish that someone is a trespasser

executive orders, appointment of executive officials, appointment of judges

how can the president (executive) influence law

executive order

how can the president (executive) make law

executive order by Nixon

how did the EPA come to be

pres appoints, senate confirms

how do federal judges get their jobs

administrative warrants

how does OSHA get permission to inspect

opening statements, direct exam by plaintiff, cross exam by defense, re direct, re cross, next witness, plaintiff rests. defense asks for directed verdict, defense presented, defense rests. plaintiff rebuts, defense puts on rejoinder, closing arguments

how does a trial go down

notice of appeal, designation of record, brief filed by appellant/appellee, oral argument, decision

how does an appellate trial go down

they give them money

how does congress ultimately have control over independent agencies

give notice by publishing draft in Fed Reg, formal hearing, agency writes final draft and publishes

how does formal rulemaking work

threatening losing exemption

how does gov keep MLB in check if they are exempt from antitrust law

agency gives notice by posting draft in Fed Reg, public send comments for 30 days, final draft posted in Fed Reg

how does informal rulemaking work

EPA issues complaints, grants a hearing before an ALJ

how does normal procedures of EPA work

by a promise

how does promisee accept a bilateral contract

by performance

how does promisee accept a unilateral contract

from ALJ to administrator of EPA, then federal courts

how does the appeals system work for the EPA

collect authorization cards, petition NLRB to schedule election, down time, election by secret ballot, certify union

how does union representative election process go (start to end)

like sole proprietorship or partnership

how is a closely held corporation operated like

30% of employees sign authorization cards expressing their interest in unionization

how is a union representative election triggered

state statute

how is an LP created

Herfindahl-Hirschman Index (HHI)

how is concentration of market power determined

serving the defendant with a summons

how is in personam jurisdiction accomplished

shareholders elect

how is management decided in a corp

members choose member-managed or manager-managed

how is management decided in an LLC

you have to sell membership back

how is membership normally transferred in an LLC

10 years

how long are registered trademarks good for

12 years

how long did FDA ignore the warning signs about silicone breast implants

20 years

how long did Sonny Bono extend copyrights

140 years

how long did the house of burgesses work

20 days plus next monday

how long do defendants have in TX to answer

1 year

how long do you have after the public begins to use your invention to file a patent application

20 (10 in lower state courts)

how long does a defendant have to respond to being served

3 years

how long is a CBA usually

4 year term

how long is a JP judge term

author's lifetime plus 70 years (plus extra 20 years from sonny bono), or if published 95 years from date or 120 years from creation

how long is a copyright protected

20 years

how long is a patent protected

6 years

how long is a term for tx sc and tx coca judges

10 years

how long is a trademark protected

one day, at least four

how long was the haymarket protest supposed to last, how long did it last

800

how many JP courts in TX

400000

how many british troops were in teh colonies during the rev war

100-150

how many cases a year get to the SC

unlimited

how many challenges for cause can an attorney have

thirteen

how many circuits for the federal courts of appeal

one

how many classes of members can an LLC have

50000

how many colonist soldiers where there in teh rev war

6 out of 98

how many counts did michael milken plead guilty to

three

how many district courts does brazos county have

four

how many districts for federal courts are there in TX

15

how many employees have to be at a company for ADA to apply?

15 full time

how many employees have to be at a company for Title VII to apply?

94, at least one per state

how many federal district courts are there

24 million

how many immigrants came to US from 1870-1920

9 (8 associate justices, 1 chief justice)

how many judges are in the SC

1

how many judges in CCAL

1

how many judges in a county court

normally three judge panel, varies circuit to circuit

how many judges in a federal court of appeals

1

how many judges in state district court

3-13

how many judges in the state courts of appeals

6 or 12

how many jurors in a civil case

9

how many justices are on the tx sc

9

how many justices on the texas court of criminal appeals

6 different on two levels

how many kinds of civil trial courts are there the texas

200

how many known pollutants existing in groundwater

5

how many members are on the panel of the FTC

5

how many national parks did Teddy R create

3-15

how many peremptory challenges can you have in Texas

5

how many ppl on PCAOB

35000 killed and 500000 injured

how many ppl were injured/killed in work-related accidents from 1905-1920

21

how many recognized defenses are there to patent infringement

2 sets of 30

how many sets of questions can you send in interrogatories

450

how many state district courts in TX

40

how many state have adopted the Uniform Trade Secrets Act

14

how many texas courts of appeals

six (LLC, LC, Limited Company, Limited Liability Company, L.L.C., L.C.)

how many ways are there to list LLC in the name

3 billion

how much did Texaco v Pennzoil eventually settle for

$3.2 bill

how much did dow corning offer to settle the breast implants case

$5 mill in actual damages and $20 mill in punitive damages

how much in damages did the jury award in the silicone breast implants class action to a woman who had flu-like symptoms

$7000

how much is a nonserious or serious violation from OSHA

$70000

how much is a repeat or willful violation from OSHA

the amount of their investment

how much is an owner of a corporation liable for

$7000 per day

how much is failure to correct violation from OSHA

$7000 per day

how much is knowingly making a false statement in OSHA records

$250 mil and 12 years

how much money and time on average does it take for a drug to get approved by the FDA

rarely

how often do third parties solicit shareholders proxies

file Articles of Organization with Texas Secretary of State

how to create an LLC

basically the more extensive/detailed/rude it was, the more likely it was conversion

how to tell the difference between conversion and trespass on personal property

it was used to get an injunction to stop unions

how was sherman used by employers to stop unions

they would send case to DOJ for them to sue

how would the EPA bring criminal sanctions against you

trial de novo

if CCAL serves as appellate court, what is the case called

1000, 1000-1800, 1800

if HHI is under _____, merger is usually allowed. if between ____________, merger may be challenged. above _____, merger will probs be challenged.

yes

if a minor misrepresents their age, can they still disaffirm

void

if after adjudicated insane, then enter into contract, that contract is ________

power of attorney

if agency by agreement is in writing, what is it called

most likely no

if agent commits unauthorized torts, is principal liable?

when the offeror receives it

if an acceptance was improperly communicated (ex. w/o a stamp), when has it been legally communicated

YES YES

if an agent engages in negligent actions or criminal activity under the principal's instructions, is principal liable?

four years

if an employee in Montana is wrongfully discharged, they may be rewarded wages and benefits for up to how long?

trial before ALJ who can dismiss the complaint or issue a cease and desist order

if can't agree on a consent decree, what happens next

disparagement

if false advertisement attacks competitor's product, competitor can sue for __________________ of competitor's goods

Lanham Trademark Act

if false advertisement concerns advertiser's own product, they will be liable under what federal act

citizens of two diff states AND amount in controversy must exceed 75000

if federal court is claiming subject matter jurisdiction by diversity of citizenship, what two things have to be in place

voidable

if intoxicated at the time of entering into contract, the contract is __________

strong

if managers believe that their talents will be recognized and rewarded for performing their duties successfully, they will have (strong/weak) incentives to work in the corporation's (and shareholder's) interests

void

if mutual mistake of material fact, what can parties do to contract

does not

if something is posted on the internet, it (does/does not) mean that it is public domain and copyright is irrelevant

extracurricular activites

if students are involved in __________ you can be forced to submit to a drug test

merger would be disallowed as they could help consumers by being potential competitors

if the FTC were to look over this potential merger and base its decision upon the Procter & Gamble v FTC case, what would likely occur regarding this merger?

yes

if the alleged principal ratifies the agent's actions in an agency by ratification, are they liable?

no

if the alleged principal says no to the agent's actions in an agency by ratification, are they liable to the agent's actions?

EEOC

if the comparable worth doctrine were to apply in the US, who would enforce it?

trial de novo

if the county court is an appellate court, what is the trial called

it was ratified after full disclosure to shareholders or by disinterested majority of board

if the court is not convinced that the self-dealing deal is fair, then the deal will only be allowed if

section 7 of clayton

if the gov files suit to block a merger it is usually under

more

if the industry is noncompetitive, then the officers have (more/less) ability to run the company in their own interests, rather than in the interests of the shareholders

highly, less

if the market for its products is (highly/not really) competitive and/or changing, the corporation's officers must continually strive to develop new products, reduce costs, and eliminate waste. in such circumstances, corporate officers have (more/less) ability to act as faithless agents

yes

if the principal says no in an agency by ratification relationship, is the agent bound to the agreement?

underwriter, corporate director, or corporate officer for statutory fraud

if the registration statement contains a material misrepresentation, an investor who suffers a loss may sue who for what

upheld

if the self-dealing is fair to the corporation, it will be (upheld/dismissed)

compelling state interest

if the state of Louisiana passes a law that treats white people one way and AA another, how would the Louisiana gov have to justify the difference (what test)

can go out on strike at any time, employers CANNOT hire replacements

if the strike is about worker safety (ULP), what are two facts about it

timeliness and standing

if you want judicial review of administrative agency, what are the two requirements

insider trading

illegal practice of using special knowledge about a firm for profit or gain

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

wisconsin

in 2012, controversial legislation was enacted in what state reducing the rights of public employee unions in that state

58 cases against 131 individuals/firms

in 2012, how many cases were brought against ppl for insider trading

pullman strike

in Chicago, Pullman cut wages but refused to lower rents in the "company town", Eugene Debs had American Railway Union refuse to use Pullman cars, Debs thrown in jail after being sued, strike achieved nothing, Cleveland sent in fed troops and at least 26 ppl killed

pass directly to shareholders

in S corp, where do profits go

no

in TX do we have the duty to flee

serving to someone over age of 14, nailing to door, publishing in hometown newspaper

in TX, if a judge signs an order authorizing substituted service, then service can be obtained by

information

in US policy towards the capital market, ______ is key

the government's prosecutor

in a criminal case, who is the burden on

adopt technology to eliminate the excess

in a tradable permits system, for pollution above the permit amount what do producers do

the shareholders (not the corp)

in an S corp, who pays taxes

yes

in an agency by apparent authority situation, does alleged principal have to know the agent is acting on their behalf

harm, contact

in battery cases, physical _____ is not required but physical ______ is

limited

in both member and manager managed, members have ________ liability

no

in collective bargaining, does an agreement HAVE TO be reached

quantity

in definite terms and conditions of a contract offer, what is REQUIRED

yes

in disparagement do you have to prove malice

employers

in employer-employee situation, who is liable for the torts of the employee

yes

in respondeat superior, would agent have duty to indemnify principal for torts they commit

yes

in texas, do you have the right to die

14

in the Exxon Valdez disaster, the first cleanup barge did not reach site for ___ hours

deceit

in the case of false advertising, the common law tort of ________ is available to consumers when an advertiser misrepresents the quality of goods and services

featherbedding

in the scenario where a worker isn't doing as much work as they can in order to get their management to bargain with the union, what is this to be considered?

quasi contract

in the situation where Swim tells you to do work and you do it and then he tells you that you needed a permit so he won't pay you, but then the courts order him to pay you anyways, what situation is this?

federal law

includes all laws developed under the authority of the Constitution by Congress, the President, or federal regulations

state law

includes ordinances passed by local governments, laws passed by state legislatures, and the laws created by state regulatory agencies

100

indoor air may be ____ times as polluted as outside

undue influence

influence that is asserted upon another person by one who dominates that person

Ocean Dumping Act

informal name for Marine Protection, Research and Sanctuaries Act

hearsay

information received from other people that one cannot adequately substantiate; rumor.

Ivan Bosky and Peabody Corp

informed on Michael Milliken because the SEC was investigating him for Rule 10b-5

Chiarella v. US

insider trading case where a printer offsite had documents in possession and used info to make lucrative purchases, court found NOT GUILTY of Rule 10b-5 as he didn't have a duty to disclose

60%

institutional investors own ______ of the typcial company listed on the NYSE

battery

intentional act of physical contact or offensive touching of someone else without his or her permission

assault

intentional act placing a person in fear or apprehension of immediate bodily harm or offensive contact

Intentional Infliction of Mental Distress

intentional tort of intentional conduct by a person that is so outrageous that creates severe mental or emotional distress in another

false imprisonment

intentional tort of intentional holding or detaining of a person within boundaries if the person is harmed by such detention

invasion of privacy

intentional tort of invasion of a person's right to solitude, an UNWARRANTED public exposure

defamation

intentional tort of publication of a false statement that tends to injure a person's reputation or goods name causing the public to hold that person up to hate, contempt, or ridicule, or cause him/her to be shunned or avoided

malicious prosecution

intentional tort of wrongful use of legal proceeding, civil or criminal

Fraud

intentional tort where any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

corporate governance

involves constraining and controlling managers of corporations so the corporation is governed in the best interest of the shareholders

deposition

involves the oral testimony of witnesses before the attorneys for the parties and a court reporter

BACT

is BACT or RACT more expensive

LLC

is LLP or LLC more popular

remedial

is NLRA remedial or punitive

yes

is a closely held corporation considered a C corp

no

is a concurrent opinion precedent

no

is a contract required for interference with prospective economic advantage

no

is a county judge required to be an attorney

no

is a provisional patent examined on the merits

prior to SEC approval

is a red herring (prior/after) SEC approval?

if they receive personal benefit from it

is a tipper guilty of 10b-5?

Agency by Ratification

is an agency relationship that is created because the principal approved of an agents unauthorized action after the action occurred.

agency by agreement

is an agency relationship that is created by an oral or written contract between the agent and principal.

NO NO NO

is breach of contract a tort

civil

is clayton civil or criminal

varies state to state

is contract law uniform or does it vary state to state

minority

is contributory negligence majority or minority rule

yes

is deceptive ads always unfair

no

is due process defined in const

no

is employer usually liable for independent contractor's torts

no

is freedom of speech absolute

no

is harm to the land necessary for trespass to real property

no

is relief offered if mutual mistake of value

less

is right against unreasonable search and seizure of a business more or less protected than an individual

no

is right of privacy specifically recognized in const

no

is section 2 of sherman a legal tool for preventing monopolies BEFORE they arise

no

is shopkeeper's privilege statutory in TX

yes, common law

is shopkeeper's privilege used in TX

no

is state district court appellate

no

is strict liability = absolute liability

yes

is symbolic speech protected

yes

is the intent of civil law to provide remedies for victims of crime

no

is the intent of criminal law to provide remedies for victims of crime

no

is the minimum wage today enough to keep ppl above the poverty line

both

is the principal liable when the agent has actual OR apparent authority

no

is the right to privacy in the constitution

objective

is the standard for contracts subjective or objective

no

is there a jury right in administrative law

no

is there a statutory definition of insider trading

no

is there an absolute right to an attorney if cannot afford one in AL

no

is there any defense to Rule 16b

no

is there treble damages in NLRA

nuisance

is trespass to land or nuisance more common

no

is unfair ads always deceptive

no

is uniform trade secrets act very helpful

Open Fields Doctrine

items in open fields are not protected by the Fourth Amendment and can be taken by an officer without a warrant or probable cause.

mergers

joining two or more companies into one

summary judgment

judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings

whether the statement is made pursuant to official duties and responsibilites

key factor of determining when 1st amendment protects public employee's speech

concentration of market power

key factor to determine whether or not the gov will allow a merger is

haymarket riot

knights of labor planned a one-day strike for May 1 in support of 8 hr workday, one striker was killed, someone threw a bomb at the police, killing 7 and wounding 60, police then fired into the crowd

institutional investors

large, professionally managed providers of capital, such as pension funds, insurance companies, or mutual funds

Texaco v. Pennzoil

largest single tort award in US history (ten billion dollar jury award)

criminal law

law designed to further society's interest in preventing crime and punishing criminals

Texas Limited Liability Company Act

law passed in 1991 that enacted LLC legislation in TX

Sarbanes-Oxley Act

law passed in 2002 to restore trust in the capital market

Federal Trademark Dilution Act

law that allows trademark holders to sue even noncompetitors for blurring and tarnishing a trademark

Food Quality Protection Act 1996

law that changed zero risk standard of the Delaney clause to reasonable certainty of no harm

Trademark Act of 1946

law that created federal trademark law, giving criteria necessary under law

Marine Protection, Research, and Sanctuaries Act of 1972

law that established marine sanctuaries at sea and requires a permit to dump waste into the ocean

private law

law that is between private citizens, gov not involved

statutory law

law that is written down, comes from Congress, texas lege, city council and county gov in some states

public law

law that means the government is involved as a litigator

Securities Exchange Act of 1934

law that regulates the resale of previously issued securities on secondary markets

Simpson-Mazzoli Act

law that required employers to document the citizenship of their employees

Fair Packaging and Labeling Act of 1966

law that said labeling has to be "honest and information", succeeded by NLEA

Sonny Bono Copyright Term Extension Act

law that says author has rights to a copyright 70 years after death, or if published 95 years or 120 years creation

Wagner Act

law that specifically legalizes unions, the pinnacle of the American Labor Movement

3

lawn darts caused at least how many deaths

sunset laws

laws that require periodic review of the agency and may not extend them

blue laws

laws that required some businesses be closed either partially or totally on Sunday, held to be constitutional

samuel gompers

leader of the American Federation of Labor, promoted business unionism

Two Pesos v. Taco Cabana

leading trade dress case

partnership

least favored type of historical business entity

defense

legal justification for the action of the alleged tortfeasor

second restatement of torts

legal treatise that summarizes the general principles of tort law in the US

caveat emptor

let the buyer beware in latin

caveat venditor

let the seller beware in latin

strict liability

liability without fault

strict liability

liability without fault, usually reserved for abnormally dangerous activities

Article 1 Section 8

lists specific powers of Congress

county court

local courts that hear greater crimes than municipal courts and JP

BCRA

lso known as the McCain-Feingold Act - passed in 2002, is an amendment to the Federal Election Campaign Act - the two key aspects of it include banning the spending of soft money and the placing of limits on campaign advertisements

Tennessee Valley Authority (TVA)

made during New Deal Era, helped to control flooding on the Tennessee River with a series of dams. Provided electricity, recreation areas, and drinking water

limited liability

major advantage of a corporation

Executive Order 13087

makes illegal to discriminate against a person based upon sexual preferences at federal level

agents

managers are ______ of members

executive order 11246

mandated affirmative action in employment by companies holding fairly significant gov contracts

corrective advertising

may be required by the FTC for a period of time to explain and correct offending ads

union shop

means if you get the job, you have to join the union

closed shop

means you can't apply for a job until you join the union

CalPERS

member of CII whose goals have been to change corporate charters to promote the interests of shareholders

product market extension merger

merger between two firms that make similar, but not exactly the same, product as the first company

power-buyer defense

merger defense that says a merger that increases concentration to high levels can be defended by showing that the firm's customers are sophisticated and powerful buyers.

horizontal mergers

mergers between firms that compete in the same market

conglomerate (diversification) merger

mergers between firms that operate in distinct and unrelated markets

market extension mergers

mergers between two firms in similar field of business but not in the exact business field

geographic market extension mergers

mergers between two firms in the same product market but not in the same geographic market

Substantial Governmental Interest Test

middle tier of equal protection standards. applies to laws involving gender or legitimacy

reasonable duty

minority rule, Owner would have a duty to warn in certain circumstances.

corporations

most business by volume is conducted by...

monetary damages

most common remedy awarded for breach of contract

compensatory

most common types of damages in contracts cases

civil

most lawsuits encountered in the business community are (criminal/civil) suits

sole proprietorship

most popular form of the historical business entities

social media to comment about conditions at the workplace

most recent application of concerted activities provision

unconditional contract

no added conditions necessary for contract to be valid, must perform under contract

best available

noise polluters must use ______________ technology

legal benefit

obtaining something to which one had no prior legal right

master-servant

old term for employer-employee

sole proprietorship

oldest and simplest form of business organization

75%

on average, women make about ____ of men's salaries

2nd amendment

one of the last amendment made applicable to the state was...

corrective advertising (book question)

one of the major remedies in advertising as we discussed in Volvo is

bait and switch (book questions)

one of the most common types of deceptive price advertising is

property owners

one of the newest areas of asbestos litigation is against...

repudiation

one party in advance of time of performance notifies innocent party that they will not perform under contract

congress

only _______ can extend a copyright

Endangered Species Act

only law that can stop a project dead in its tracks

norris laguardia, wagner, taft-hartley, landrum griffin

order of the big four labor acts

FTC Improvement Act

ordered FTC to focus its energies on deceptive and misleading advertising, not on unfair advertising

england

origin of equitable law

Drug Price Competition and Patent Term Restoration Act of 1984

other name for Hatch-Waxman Act

ocean dumping act

other name for Marine Protection, Research, and Sanctuaries Act of 1972

Labor Management Relations Act (LMRA)

other name for taft-hartley

family corporation, close corporation, privately held corporation

other names for closely held corporation

Norris-LaGuardia Act

outlawed "yellow dog" contracts, made it much more difficult for employers to obtain injunction that would stop strike, but DID NOT directly sanction union nor their activities

members

owners of an LLC

limited partnership

part partnership and part corporation, has two classes of partners (limited and general)

Limited Liability Partnership

partnership in which all partners are limited partners

insurance

partnerships are usually required to have money for what set aside

promisee

party to whom a promise is made

Antiquities Act

passed in 1906, which allows the president to protect areas of scientific or historical interest on federal lands as national monuments

administrative procedures act

passed on 1947, becomes the rulebook for administrative agencies

Declaratory Judgement Act

patent infringers may claim a defense under what

national

patents are exclusively ____________ law

$1000 per barrel or $25000 per day

penalties of OPA

tort reform

people started saying punitive damages violated the 8th amendment, which led to

objective impossibility

performance cannot be done by anyone; generally discharges the promisor

administrative law

perhaps the most important source other than constitutional law of laws affecting the legal environment of business

forum non conveniens

permits a defendant to transfer the case to another geographic location where venue is proper

jurisdiction

power of a court to hear and decide certain types of cases

red herring

pre purchase information prior to being considered a security by SEC to notify potential investors that certain investments may have risk, usually spelled out in red ink

Utah Pie vs. Continental Baking

predatory pricing case under price discrimination found to be illegal but still under rule of reason

Federal Anti-Tampering Act

prevented package tampering and created tamper-resistant packaging regulations

make money

primary purpose of business

proxy

principal method of voting corporate shares in the US

tangible or intangible

profit from insider trading can be

Delaney Clause

prohibits adding cancer causing agents to food

Electronic Communications Privacy Act of 1986

prohibits the interception of information communicated by electronic means

Parol Evidence Rule

prohibits the use of oral evidence or extraneous evidence if contrary to terms of written contract

illusory promise

promise that imposes no obligation on the promisor ("i MIGHT give you my car if you pay me $5000)

nuisance

property intentional tort with any conduct that interferes with enjoyment or use of land

trespass to real property

property intentional tort with any unauthorized physical intrusion or entry upon land where someone else has a superior right to the property

conversion

property intentional tort with illegal, wrongful taking of the property of another that places the property in the service of the trespasser

trespass to personal property

property intentional tort with wrongful invasion of ownership rights in property other than land

Shareholder Proposals

proposals for the corporation given by shareholder to the board. Can be excluded from the proxy if they are frivolous or repetitious.

Clean Water Act

protection of wetlands comes from Army Corps of Engineers under the guidelines of what act?

Whistleblower Protection Act

protects PUBLIC sector employees when they report the employer for an illegal act

Insider Trading Sanctions Act

provides for civil and criminal penalties in federal court for anyone who buys or sells securities while possessing material nonpublic info

Solomon Amendment

provides that educational institutions will lose certain federal funds if they deny military recruiters equal access to other types of recruiters on campus

malice

public figures must show that plaintiff acted with _____________ in defamation cases

public

public records render information _________

Statutes of Frauds

purpose is to prevent fraud by claiming that a contract existed when in fact it did not

prevent acquiring company from pressuring small shareholders and allow shareholders to have sufficient time to judge the offer

purpose of Williams Act requirements is to

reimbursement and restitution

purpose of civil law

First Continental Congress

purpose was to discuss further relations with the mother country

10Q

quarterly report required by SE Act of 1934

great strike of 1877

railroad worker pay gets reduced by another 10%, required workers to stay in company hotels and pay for it. spontaneous strike begins, state militia ordered to pittsburgh, families came out, soldiers used bayonets

economic or social clauses (low end of protection)

rational basis test is involved in what classification of due process cases

serious health condition of child, parent, spouse, themselves; childbirth, adoption, foster care,

reasons to take unpaid leave under FMLA

Taylor Farms Pacific

recall of broccoli due to potential health risks, listeria, no illnesses had been reported

FDR

reg agencies were held to be invalid or at least constitutionally suspect during what president's administration

economy wide regulatory agencies

regulate problems that are not isolated in one particular industry -regulate across industry lines

Resource Conservation and Recovery Act (RCRA)

regulates disposal of NEW hazardous wastes

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Superfund

regulates the cleanup of previously existing even historical hazardous waste sites

securities act of 1933

regulates the initial sale of securities to the public

administrative

regulation is done by __________ law

exculpatory agreement

releases one party from the consequences brought about by wrongful acts or negligence

legal remedies

relief sought from a court, involving monetary damages

8K

required statement of material events by SE Act of 1934

affirmative disclosure order

requires an advertiser to disclose all relevant information about a product, both positive and negative

Know-thy-customer rule

requires brokers to ascertain whether particular investments are appropriate for a client before recommending it to him/her

Oil Pollution Act of 1990 (OPA)

requires company to clean up oil spills within twelve miles of the US shore, pay costs, all oil tankers must be double hulled, each tanker owner must establish an oil cleanup contingency plan

Freedom of Information Act

requires federal agencies to make agency information available to any person, any person can request the records of agency that produced the records

Nutrition Labeling and Education Act

requires food manufacturers and processors to disclose uniform information about serving sizes and nutrients, and establishes standard definitions for various terms like low fat, lean or organic.

Children's Online Privacy Protection Act

requires online services to obtain parental consent before collecting any information from children 12 years old and younger.

Noise Control Act of 1972

requires the EPA to establish noise emission standards that are maximum noise levels below which no harmful effects occur from the interference with speech or other activities

vertical price fixing

resale price maintenance is associated with what area of antitrust issues

winding up

results from dissolution, creditors paid first and owners paid last

5th and 14th

reverse incorporation uses what amendments?

Shopkeeper's Privilege

right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment

regulatory role

role of law in the business world that directs and standardizes business activities

dispute resolution role

role of law in the business world that settles differences between two or more parties

trade regulation rules

rules created by the FTC that are aimed at governing business practices in specific industries, such as used car dealers, telemarketers, or funeral homes

per se illegal

ruling of FTC v SCTLA

service mark

same as trademark, only denotes service, not product

supremacy clause

says Constitution is the supreme law of the land

Medical Devices Amendment of 1976

says FDA got jurisdiction over medical devices

Government in the Sunshine Act

says agencies headed by two or more presidentially appointed people must hold "every portion of every meeting" in the open

disparate treatment

says cannot *intentionally* treat employees differently on the basis of race, religion, sex, color, national origin

Rule 16b

says that any short swing profit by a named insider must be returned to company's treasury

Atlantic Cement Rule

says you must figure in the cost of eliminating the nuisance compared with the benefit to the neighbors when it comes to permanent injunctions

Tyco

scandal - exec of the company (Dennis Kozlowski) went to Italy and hosted a really extravagant birthday party for his wife (which many of coworkers would be at) with company money as well as furnished his apartment there

Adelphia Communications

scandal - family company that was private and went public and still spent money as if it were their own (on dumb crap)

WorldCom

scandal where company was giving out company loans without any intent of getting their money back

texas supreme court and texas court of criminal appeals

second tier of true state appellate courts

Howey test

security is determined by this test

tying arrangements

seller requires a buyer to purchase a "tied" product as a condition of purchasing the desired tying product

articles of corporation

serve as the corporation's private constitution

Consumer Product Safety Act

set up the Consumer Product Safety Commission to encourage safety in product design and better quality control

arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider, BINDING DECISION

7 days

shareholders who agree to sell in a takeover have _______ after the offer expires to withdraw shares from sale

Corporate Opportunity Doctrine

should an officer or a director discover a business opportunity, he or she must first present it to the corporation

congress

since 1937, the court has chosen to defer to _________ in the determination of whether the required substantial effect is present

prohibitions in governmental restrictions in lawyer and doctor advertising

since issuance of four-prong test, most noticeable area of first amendment violations was

fiduciary duty, loyalty, obedience and performance, reasonable care, to account, to notify

six duties of agents to principals

name, duration, purpose, address and name of registered agent, management, organizers

six things the Articles of Organization must include for an LLC

the EPA for not enforcing the law and polluters directly

some statutes allow private citizens to sue who?

duress

someone forces another person to enter into a contract against their will

adulterated

something is in a food or drug that shouldn't be

consideration

something of value exchanged for something else of value

fighting words

speech that directly incites damaging conduct or tend to incite an immediate breach of peace

mother jones

spoke at the haymarket riots, Labor activist who was a member of the Knights of Labor union and who used publicity techniques to create awareness of the plight of mine workers and child laborers.

slander

spoken defamation

labeling standards

standards that require the placement of warning labels on products

performance standards

standards that specify minimum performance criteria, such as the minimum amount a tow bar can safely pull

civil and criminal, appeals from CC CCAL or district, involves fines of over 100, imprisonment, or constitutional issue

state courts of appeals have authority over

McCulloch v. Maryland

state of maryland tried to tax the nat gov's bank in baltimore, US did not pay tax, maryland sued.

administrative agencies or judicial decisions

statutory law cannot come from what

ulps

strikes and lockouts in support of proposals not included under mandatory subjects are considered...

united states v eichman

struck down Federal Flag Protection Act; held that flag burning is expressive speech

gender or legitimacy (intermediate protection)

substantial gov interest test is involved in what classification of due process cases

rational basis test

substantive due process for economic issues

novation

substitutes a new party for one of the original parties in a contract

contract law

system of rules for enforcing promises and breaking promises

unions, Wagner

taft-hartley is all about what ________ can't do, _______ is all about what employers can't do

180 days

ted wants to file a grievance as a union member against his employer for a ulp. ted and the union have approximately how many days to file with the NLRB after the alleged action has occurred

2/3 salary

temporary disability payments are usually worth how much

6 years

term for state court of appeals judge

do not

texas courts (do/do not) favor malicious prosecution cases

abuse of process

texas intentional tort that occurs when a party maliciously misuses or misapplies regularly issued civil or criminal process for a purpose and thereby obtains a result not lawfully warranted

employment-at-will

texas is an _______________________ state which means that often times you may be dealing with an implied contract or no contract at all when it comes to interfering with employment contracts

Texas castle doctrine

texas taw that says you can use deadly force to protect your property

procedural law

the "how to" of the law

substantive

the APA requires that _______________ rules be created by formal procedures

20%

the Bipartisan Commission of Product Safety established that only ____% of product-related injuries were preventable

leaks of either leaded or unleaded gasoline

the Clean Water Act and all acts under its jurisdiction are responsible for all the following except

reverse incorporation

the Equal Protection Clause of the Fourteenth Amendment has been held to apply to the federal government through the Due Process Clause located in the Fifth Amendment; established in Bolling v Sharpe.

Clayton and FTCA

the FTC usually enforces...

consumer abuse

the FTC's regulation of deceptive advertising is based on the assumption that an information-problem type of market failure results in

12

the OPA requires company to clean up oil spills within ___ miles of the US shore

territorial jurisdiction

the ability of a court to have the power to require a litigant to physically come to court

Pure Food and Drug Act of 1906

the act that prohibited the manufacture, sale, or shipment of adulterated and misbranded food and drugs, result of Spanish-American war and The Jungle

cause in fact

the actual cause of the event, one of two required types of cause for negligence

comparable worth

the argument that jobs should be evaluated and those that are evaluated to be comparable, be paid the same

express authority

the authority of an agent, stated in the document or agreement creating the agency

reasonably necessary

the basic test for judicial review of a CPSC mandatory product safety standard is that the standard must be

law

the collection of rules and regulations that determines how the government will treat its citizens AND how the citizens will treat the government as well as other citizens and the enforcement thereof

Fourteenth Amendment

the constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without DUE PROCESS of law; nor deny to any person within its jurisdiction the equal protection of the laws."

legality

the contract must be for a lawful purpose

subpoena duces tecum

the court command to a witness to produce at trial a certain pertinent document he or she holds

what the agency is trying to do (fine, revoke permit)

the degree of proof in AL depends on what?

corporations

the dominant means by which business activity is organized in the US and most other developed countries

negligence

the failure to exercise due care when there is a foreseeable risk of harm to others

U.S. Court of Appeals for the Federal Circuit

the federal court created in 1982 to judge patent lawsuits

directors and officers

the fiduciary duties of care and loyalty apply to who?

mcculloch v maryland

the first case to show the power of the Necessary and Proper clause

articles of confederation

the first constitution of the United States, had the states being too strong

house of burgesses

the first elected legislative assembly in the New World established in the Colony of Virginia in 1619, representative colony set up by England to make laws and levy taxes but England could veto its legistlative acts.

neutral

the goal of Taft-Hartley is for the gov to be ________ when it comes to unions

complete performance

the great majority of contracts are discharged by

stare decisis

the heart of common law, meaning that previously decided cases should be followed unless there is a good, legal reason to change the previous decision

substantive law

the heart of the law, Law that defines, describes, regulates, and creates legal rights and obligations.

texas supreme court

the highest civil court in Texas; consists of nine justices and has final state appellate authority over civil cases

Texas Court of Criminal Appeals

the highest criminal court in Texas; consists of nine justices and has final state appellate authority over criminal cases

drug effectiveness

the kefauver-harris amendment deals with

civil law

the kind of law that provides remedies for individuals or entities that have been wronged by the other individual

Securities Exchange Act of 1934

the know thy customer rule is part of what law

trademarks

the lanham act covers what type of intellectual property

common law

the law of fiduciary duties is defined by common law or statutory law

chartering

the law of the _______ state governs the internal relations of the firm regardless of which state the firm operates in or the physical location of the headquarters

Promissory Estoppel

the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract

informal

the level of proof is higher in informal or formal rulemaking appeals

product market

the market of interchangeable products

more

the more control the employer has over the employee, the ______ liability they have

administrative law

the most important source of laws affecting business other than the constitution

Martha Stewart

the most publicized insider trading case of the past decade

real property

the name for property that is land and anything attached to it

Rehabilitation Act of 1973

the only law that MANDATES affirmative action, Requires affirmative action in the employment of individuals with disabilities

montana

the only state to provide all employees comprehensive protection from employment-at-will

satisfaction

the performance of an accord

Subject Matter Jurisdiction

the power of a court to hear a particular type of case

police powers

the power of the state to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals, or the promotion of the public convenience and general prosperity, are reserved to the individual states

enumerated

the power to tax is an ___________ power

featherbedding

the practice of negotiating labor contracts that keep unnecessary workers on a company's payroll

litigation

the process of taking legal action

compensatory damages

the purpose of these damages is to make the innocent party whole again (may cover med exp, economic loss, pain and suffering)

securities act of 1933

the purpose of this law is to provide a potential investor with the info to make an informed decision due to disclosure

criminal law

the purpose of this law is to punish criminals

equitable law

the purpose of this was to avoid unjust results from strictly following common law

bylaws

the rules or private laws that regulate and govern the operations of the corporation

substantial evidence test

the standard for appeal when a formal rule-making procedure is used

revocation

the taking back of an offer by the offeror prior to acceptance by offeree

regulatory capture

the theory that industries dominate the agencies that regulate them

at least one customer

the tort of disparagement requires the loss of...

invention of the steam engine and its application to the railroad

the two most important factors motivating the growth of the corporate form of organization

the right to vote in the election of directors and the right to file derivative lawsuits

the two most important rights of shareholders

one trial court level and two appellate levels

the typical state court system has

congress

the ultimate control over regulatory agencies is held by

informal

the vast majority of rulemaking is accomplished through the ___________ process

Intent to Monopolize

the willful acquisition of and/or maintenance of monopoly power

punitive damages

these damages are designed to punish the tortfeasor, awarded when "gross negligence" or "willful and wanton disregard for safety"

administrative law

this law is created by each state which has its own EPA-like agency that creates its own body of law

market for corporate control

this private solution talks about corporate takeover because officers were not acting as faithful agents and so some outsiders think they could run it better

implied covenant of good faith and fair dealing

this type of contractual exception says that year and years of loyal service means you can't fire them without good cause

good intentions, buying stolen goods, mistake

three NONdefenses to conversion

regulation can correct imperfect market, takes burden off three branches, leads to specialization

three benefits of regulation

US v Socony, Arizona v Mariscopa, FTC v SCTLA

three case law for horizontal price fixing

IBM v US, Northern Pacific Railway v US, Datagate v HP

three cases about tying arrangements

live testimony, jury or judge, creates record

three characteristics of civil trial courts

CC, CCAL, district

three courts on second tier of state courts

offers real info, lower consumer cost of searching for goods, allows consumer to make rational choices

three defenses of advertising

consent, privilege, self defense

three defenses to assault and/or battery

assumption of risk, plaintiff's negligence, superseding cause

three defenses to negligence

failing firm defense, lack of power in industry, power-buyer defense

three defenses when gov files Section 7 case against your merger

intent, definite terms and conditions, communication

three elements of an offer

informed action, no conflict of interest, rational basis

three elements of business judgment rule

an investment of money, into a common enterprise, with expectation of profits

three elements of security from Howey test

false statement, broadcasted to third party, harm suffered

three elements to defamation

historical, new deal, socially conscious era

three eras of federal regulatory agencies

NAAQS, state's responsibilities, air pollutants: mobile, stationary, and toxic

three main provisions of CAA

mcculloch v maryland, civil war, civil rights

three major historical events that define the struggle of states rights v nat rights

minimum wage, overtime pay, restrictions on use of child labor

three major provisions of FLSA

liability for short-swing profits, insider trading, reporting requirements

three major provisions of SE Act of 1934

intentional torts, negligence, strict liability

three major types of torts

denial, affirmative defense, countersuit

three possible answers from a defendant

incompetence, employer has financial hardship, insurbordination

three reasons for just cause discharge

breach of fiduciary duty, undermines the public's confidence in the integrity of the public capital market, violation of federal law

three reasons insider trading is wrong

fraud, undue overreaching, waste of corporate assets

three reasons self-dealing deal will be set aside

is illegal, is based on corruption, exceeds the arbitrator's authority

three reasons you can set aside arbitrator's decision

Diet Program Industry, POM Pomegranate Juice, Skechers

three recent deceptive quality claims cases

make outside directors a majority, make chairperson an outside director, audit committee should be only outside directors

three reform proposals that CalPERS normally sponsors

unconditional, unequivocal, legally communicated

three requirements for an acceptance

must win all lawsuits, must prove no probable cause, most prove malicious intent

three requirements of malicious prosecution

file bankruptcy, file claim for worker's comp, file lawsuit

three rights you can exercise that are protected from employment-at-will

unfairness must be substantial, is not outweighed by benefits, some form of seller behavior that unreasonably creates to take advantage of an obstacle to the free exercise of consumer decision-making

three tests for unfair advertising

division of income, how membership is transferred, what happens on dissolution

three things an Operating Agreement should specify

there are adequate market mechanisms to regulate it, market encourages fair advertising to increase good will, competition will regulate

three things ppl who oppose gov regulation of deceptive advertising say

texas court of appeals, texas supreme court, texas court of criminal appeals

three true appellate state courts

selling unregistered pesticides, if the registration has been suspended or cancelled, or false/misleading lable

three types of FIFRA violations

used car, telemarketers, funeral homes

three types of businesses that are commonly subject to trade regulation rules

express contract, implied contract, implied covenant of good faith and fair dealing

three types of contractual exceptions

employer-employee, employer-employee with agency, employer-independent contractor

three types of employments relationships

rescission and restitution, reformation, and specific performance

three types of equitable remedies

compensatory, consequential, and liquidated damages

three types of monetary damages

preliminary negotiations, ads, auctions

three types of nonoffers

cease and desist order, affirmative disclosure order, corrective advertising

three types of remedies available to the FTC

monetary damages, equitable remedies, mitigation of damages

three types of remedies for breach of contract

common law, interpretation of statutes/agency law, judicial review

three ways for judicial creation of law

rescission, novation, accord and satisfaction

three ways to discharge by agreement

intervening illegality, subject matter destroyed, insanity or death

three ways to terminate by law

fully insured

to get a certificate from the US Coast Guard, the owner of tanker must prove...

strict liability

today, _________ is the most common theory of recovery in actions against producers of products that result in injury

is not

trade name protection (is/is not) automatic

state

trade names are governed by ________ law

state

trade secrets are governed by _______ law

federal state

trademark protection is governed by ____________ and _____ law

interpret the law and determine the facts if no jury

two basic functions of a judge

limited liability and no double taxation

two biggest advantages of LLC

Grutter v. Bollinger and Gratz v. Bollinger

two cases involving the University of Michigan and affirmative action, results were confusing

katzenbach v mcclung and heart of atlanta motel v US

two cases that show the connection between the civil rights movement and the commerce clause

US Trust Company of NY v. NJ and Allied Structural Steel v Spannaus

two cases where courts offer protection to businesses due to contract clause

one judge, jury of 12 ppl

two characteristics of federal district courts

two for one, bait and switch

two common deceptive price advertising

necessity, purported owner doesn't actually own

two defenses to conversion

truth and privilege

two defenses to defamation

fair use and parody

two defenses to trademark infringement

trespasser enters to assist someone in danger, or protect property

two defenses to trespass to real property

requires monitoring to insure compliance, permits are licenses to pollute

two disadv to tradable permits system

defendant intruded on plaintiff's solitude AND a reasonable person would be highly offended

two elements to invasion of privacy in TX

vertical mergers

two firms in the same chain of production and distribution combine into one firm, can remove by grouping

performance and risk allocation

two functions of contracts

makes it a felony to "restrain trade" and outlaws attempts to monopolize

two main parts of Sherman

voter confusion, monetary issues

two major TX court system election problems

information collection and dissemination and product safety standards

two major activities of CPSC

holding directors personally liable for errors would make it difficult to attract top quality individuals, those who served on boards might be unwilling to approve any venture in fear of being personally liable

two major policy reasons in support of the business judgment rule

dispute resolution role and regulatory role

two major roles of law in business world

back impairments, emotional or psychiatric impairments

two most common ADA complaints

trespass to land, trespass

two other names for trespass to real property

offer and acceptance

two parts of agreement

motion of judgment notwithstanding the verdict, motion for new trial

two post trial motions

shareholders-board, board-managers

two principal-agent relationships in corporations

selecting the mediator, fee

two problems with mediation

legal responsibilities imposed by common law and statutory law, regulatory constraints imposed by the SEC

two public solutions to the corporate governance problem

unethical or competition leaves them no choice

two reasons for pollution

free exercise clause and establishment clause

two religious protections under first amendment

per se and rule of reason

two rules of antitrust law

what claim is being made, can it be shown to be deceptive

two step process to determining if a deceptive quality claim

disparate treatment and disparate impact

two theories of enforcement under Title VII

compensatory and punitive damages

two types of damages given in tort law

libel and slander

two types of defamation

slander of title and slander of quality

two types of disparagement

personal and property

two types of intentional torts

geographic and product

two types of market extension mergers

provisional and nonprovisional

two types of patent registration

contributory and comparative

two types of plaintiff's negligence

absolute (constitutional) and conditional (qualified)

two types of privilege

between director and corp, between corp with common director

two types of self-dealing

current use and intent to use

two types of trademark filing

termination by person, termination by law

two types of ways to terminate an offer

Dr. Miles Med v John Park, Leggin Creative Leather v PSKS dba Kay's Kloset

two vertical price fixing cases

express or implied authority

two ways to get agency by agreement

member managed, manager managed

two ways to govern an LLC

failing to renew, abandoned by owner for three years, or it becomes generic

two ways trademark protection is lost

constitutional privilege

type of absolute privilege, complete defense against the tort of defamation, as in the speeches of members of Congress

proximate cause

type of cause that says consequences must bear a reasonable relationship to the negligent conduct

public nuisance

type of nuisance that arises from use of land that causes inconvenience or damage to the public

provisional patent

type of patent registration that gives inventors the option of a lower cost first patent filing in the US and parity w foreign applicants

nonprovisional patent

type of patent registration that must include a written document which comprises a description and claims, oath, fee

agency shop

type of state where you have to pay the union a fee, but don't have to join

criminal penalties

under Simpson-Mazzoli, failure to verify that ANY employee is a legal hire results in

50%

under comparative negligence, some states provide that if plaintiff's negligence is greater than ___, then recovery is barred

any purchase of stock, source of funds, reason for purchase

under the SE Act of 1934, insiders must notify SEC on a timely basis about

Section 5

unfair advertising falls under what section of the FTC Act

section 5

unfair advertising falls under what section of the FTC Act

no (not at all)

unions keep pushing congress to repeal section 14 of taft-hartley (RTW laws), are they considering it?

mediation

uses 3rd party to assist settlement, DOES NOT MAKE DECISION

10000 and/or 5 years

violators of securities act of 1933 face what

Sherman

violators of which major antitrust legislation are guilty of felonies

assumption of risk

voluntary exposure to a known risk

yes

was elixir sulfa used in the US

no

was thalidomide used in the US

no (they weren't named insiders)

were Ivan Boesky and Michael Milken found guilty of short-swing profits

malicious prosecution in TX and disparagement

what 2 tort situations require special damages?

defamation of public figures, malicious prosecution, disparagement

what 3 tort situations do you have to prove malice?

price fixing, group boycotts, refusal to deal, and some market divisions

what 4 things are per se illegal under Sherman

create audit committee of outside directors, CEO and CFO must certify certain financial statements, internal controls report in annual report, eliminates company loans to officers and directors

what 4 things did SOX do in regards to publicly traded corps

horizontal price fixing, horizontal market division, horizontal boycott, tying arrangements (technically), vertical boycotts

what 5 types of antitrust areas are the rule of per se

T-H

what act defines closed shop, union shop, agency shop, and open shop?

SA of 33

what act does "red herring" fall under

SE Act of 34

what act does reports like 10K fall under

L-G (think internal issues in the union)

what act makes sweetheart contracts illegal

Food Quality Protection Act

what amended FIFRA

work for parents, paper route, babysitting, child actor, some ag labor

what are 5 jobs kids under 14 can work?

constitutional original juris cases

what are exceptions to Supreme Court Selection Act of 1988

lead, carbon monoxide, ozone, nitrogen oxide, sulfur oxide

what are the "known pollutants"

all producers treated equally and the amount of emissions can be limited directly

what are the 2 advantages of c-and-c

eastern state retail lumber v US, FTC v SCTLA

what are the 2 cases for vertical boycotts

make nutritional labels easy to read and understand, make standardized serving sizes, and standardize language used in food labeling

what are the 3 main goals of NLEA

duty, breach, causation, harm

what are the 4 elements that make up Negligence?

natural monopolies, labor unions, ag cooperatives, state action, foreign trade, baseball, PACs

what are the 7 exceptions to antitrust law

Title VII, ADA, FMLA

what are the acts that requires a certain number of employees for the law to apply?

general counsel's office prosecutes, board serves to hear and decide

what are the broad administrative powers of the NLRB

past losses, permanent damages, permanent injunction (but hard to get)

what are the damages you can receive for nuisance

cost of removal, past losses (maybe injunction)

what are the damages you can receive for trespass to land

same as regular negligence

what are the defenses for Product Liability based on Negligence

same as regular negligence

what are the elements of Product Liability based on Negligence

same as negligence

what are the elements of strict liability

asbestos, mercury, benzene, and radionucleides

what are the examples of toxic air pollutants he wants us to know

race, color, sex, religion, national origin

what are the five protected classes under Title VII

treat contract as breached, wait and see if breaching party changes their mind

what are the innocent party's two choices in a repudiation situation

loss of highway funds, limitation on new sources of pollution

what are the penalties for nonattainment areas

10000 and 10 years

what are the penalties for violation of '34

nonhazard, limited hours, nonschool

what are the restrictions on child labor from 14-15?

nonhazard, unlimited hours, school time

what are the restrictions on child labor from 16-17

lawn darts, thomas the train, buckyballs

what are the three examples of CPSC major recalls

size of company, cost, severity of pollution

what are the three factors for deciding between RACT and BACT for stationary sources of air pollution

rational basis, substantial gov interest, compelling state interest

what are the three levels of protection by the equal protection clause?

sherman, clayton, FTCA

what are the three major antitrust legislations

criminal, civil, and administrative

what are the three types of judicial systems

elect board and approve of fundamental corporate changes (like mergers)

what are the two areas that shareholders can vote on

duty of care and duty of loyalty

what are the two legal duties of directors and officers

primary level- humans, secondary level-vegetation, climate etc

what are the two levels of NAAQS

guilt innocence and punishment

what are the two parts (bifurcated) of a criminal trials

trespass to land and nuisance

what are the two tort theories that courts can enforce when it comes to pollution control

trial courts and appellate courts

what are the two types of courts in the civil system

subject matter and territorial jurisdction

what are the two types of jurisdiction that are required to try a case

featherbedding, secondary boycott, hot cargo agreement, wildcat strike, closed shop

what are the union ULPs under T-H

inherent powers, implied powers, elastic clause

what are three other names for necessary and proper clause

judicial review, judicial interpretation, common law

what are three ways the court system can create law

can file suit against infringers, receive more damages

what are two benefits of registering your copyright

SEC and NLRB

what are two examples of agencies created during the New Deal era

dont ask dont tell (clinton) and affirmative action (johnson)

what are two examples of an executive order

can take NO part in management, no right to see books

what are two limits on limited partners in an LP

adverse publicity and costly

what are two significant consequences of civil cases

affirmative act or not stopping agent from acting negligently

what are two ways a principal can lead a third party to believe the agent can represent them in an Agency by Estoppel situation

new stationary sources of pollution (clean air), new point sources of pollution (clean water), noise control, safe drinking water

what area of environmental law is BACT the control tech

old point sources of pollution (clean water)

what area of environmental law is BPCT the control tech

toxic air pollutants (clean air)

what area of environmental law is MACT the control tech

existing stationary sources of pollution (clean air)

what area of environmental law is RACT the control tech

clayton

what came first, clayton or N-L

individuals, corporations, other LLCs

what can a member of an LLC be

sanction

what can happen is you claim IIED in bad faith

no action, objectionable conditions found, serious objectionable conditions found

what can result from an FDA report

Leggin v PSKS

what case overruled Dr Miles

when they (the courts) were created

what cases a CCAL can hear depends on what

"other users"

what category of FIFRA are farmers under

unions had been messing around with the mafia

what caused the Landrum-Griffin Act

U.S. Supreme Court

what court(s) can review a case from the texas supreme court or court of criminal appeals

texas const

what created county court

texas const

what created the JP courts

enabling statute from congress

what creates an administrative agency and defines its purpose

technology requirements

what defense did IBM claim in IBM v US

Department of Health and Human Services

what department is FDA under currently

state const

what determines the subject matter jurisdiction of a state court

BCRA, Austin v Michigan, McConnell v FEC

what did Citizens United v FEC declare unconstitutional

necessary and proper clause

what did US gov argue in mcculloch v maryland

red sashes

what did Wobbies wear

tenth amendment

what did maryland argue in mcculloch v maryland

25 cents/hr

what did minimum wage start as

nothing

what did palsgraf receive

exxon

what did standard oil of NJ turn into

chevron

what did standard oil of california become

employers can tell employees that the unions are bad, but cannot directly threaten them about it (used to not be able to say anything bad ab them at all)

what did taft-hartley change when it comes to free speech

more taxes, blockade boston harbor, 4000 more troops to boston

what did the coercive acts do

the card was not specific enough to use the tech requirement defense

what did the court say about IBM's claim to tech requirements defense in IBM v US

slave labor act

what did the unions call taft-hartley

intent

what distinguishes monopolies that violate section 2 of sherman and those who dont

regulatory capture

what do industry-specific regulatory agencies often lead to

real property is REQUIRED (land)

what do you keep forgetting is an element of nuisance

2/3 override from both houses

what do you need to override a veto

Certificate of Limited Partnership

what document do you have to file to create an LP

state must identify and develop a plan for major sources, must install pollution control devices

what does CAA say about stationary sources of air pollution

EPA must identify and set standards for their emission

what does CAA say about toxic air pollutants

old hazardous waste

what does CERCLA regard

enhances, does not add

what does Necessary and Proper Clause do to enumerated powers

LAPS test

what does SC use to define obscenity

the defendant must know or should have known that the harm would resuilt

what does TX say ab proximate cause

no strike clause

what does a grievance procedure usually contain regarding strikes

labor arbitration

what does a grievance procedure usually culminate in

"just cause" provision

what does a grievnace procedure usually contain regarding employees being fired

preempt the state law

what does congress do if it wants to enforce concurrent law in the states

admit

what does it means if you fail to deny something in request for admissions

enforces city ordinances (traffic, loud noise), can have criminal authority as well (max is Class C Misdemeanor (MIP, pub intox))

what does municipal court do

what to expect to prove

what does opening statements tell jury

petition

what does plaintiff file to initiate a lawsuit

subject matter

what does property have to be for in rem jurisdiction to be applicable

money, employment, licenses

what does property include in "life, liberty, and property"

felony (criminal), civil 200-as high as necessary (high dollar, family)

what does state district court have authority over

outlaws closed shops

what does taft-hartley say about closed shops

boston tea party

what does tea act of 1773 lead to

does not give them the power but does not prohibit

what does the constitution say about the power of the courts to interpret the constitution

makes it easier to raise capital

what does the limited liability of a corporation lead to

misappropriation

what does the owner of a trade secret sue for when someone steals it

super majority of jury

what does the vote have to be to achieve a verdict in civil court

unanimous verdict of guilty

what does the vote have to be to achieve a verdict in criminal court

legality

what element of a contract involves unconscionable contracts and exculpatory agreements?

new deal

what era were the initial federal laws regulating the issuance of securities passed

stock market crash of 1929

what event led to federal laws and regs on the securities market

trade names and trade secrets

what form of intellectual property is protected only under state law or common law?

supply and demand, cost of technology, demand for product and number of permits issued

what four factors affect the price of the permit

state lege

what gov body is in charge of tort reform

sons of liberty

what group of colonists burned the colonial governor's home and threatened tax agents of british gov

virginia, pennsylvania, antifederalists (thomas jefferson)

what group of people were against the ratification of the constitution

federalists (james madison, john jay, alexander hamilton)

what group of people were for the ratification of the constitution

all 5 companies signed consent decrees

what happen in the cases about Diet Program Industries in Deceptive Advertising

POM was barred from making their statement about being effective in treatment of disease

what happened in the case of POM and deceptive advertising

had to pay $40 mill in refunds

what happened in the case of Skechers and deceptive advertising

obama overruled it and placed an executive order that allows gays to serve openly in the military

what happened to dont ask dont tell

declared unconstitutional

what happened to first round of FLSA

expired after 30 years, elixir sulfanilamide, food drug and cosmetic act

what happened to pure food and drug act

a few economic leaders met in annapolis to call a meeting of the states (annapolis convention)

what happened when ppl started to realize AOC were bad

creditors paid first, owners paid last

what happens during winding up

criminal violations

what happens from OSHA if willful violation resulting in death

union cannot take part in collective bargaining process, have to stay away for a year

what happens if union loses representative election

pay costs

what happens if you lie during requests for admissions

they switch

what happens to the parties in a counteroffer

first they are mailed, but if no answer, personal service required

what happens when a defendant is served

reverses jury verdict

what happens when motion of judgment notwithstanding the verdict is agreed by judge

published

what has to happen to an appellate opinion for it to be considered for precedent

dietary supplement

what industry did nutrition labeling and education act have a big impact on

allows for mandatory retirement at 65 for executive positions

what is a big exception to ADEA

corporation

what is a c corp

car dealerships (you don't want three Ford dealerships in one town)

what is a good example of vertical market division being legal (vertical territorial restraint)

price of the contract

what is a good way to think about consideration

membership is not readily transferable

what is a huge difference between corp and LLC

its not automatic (copyrights are)

what is a major difference between patents and copyrights

the shareholders must first make a formal demand upon the directors that the corporation pursue remedies

what is a major prerequisite for a derivative suit

walmart

what is a major union organizing target today

the public disclosure of a private fact

what is a necessary element for an action for the invasion of privacy

products must be exactly the same

what is a requirement of market share liability

injunction

what is a very common equitable remedy

Boston

what is an example of a city that has established a living minimum wage

texas

what is an example of a state that use 50% rule

fedex driver

what is an example of an independent contractor that is not protected under NLRA

SEC

what is an example of an industry-specific regulatory agency

airlines (they can make you sign it because you have no other choice, but if they are grossly negligent, they will usually be held liable because it was exculpatory)

what is an example of when a liability release for gross negligence might be considered an exculpatory agreement

hang gliding (because it is an inherently dangerous activity)

what is an example of when a liability release for gross negligence would not be considered an exculpatory agreement

Disclosure Act

what is another name for Securities Exchange Act of 1934

implied-by-fact contract

what is another name for an implied contract

advertising

what is best example of commercial speech

state statute

what is closely held corp created under

federal trade commission act

what is considered to be the "catch-all law" of antitrust legislation

no claim or oath

what is difference between nonprovisional and provisional patents when it comes to what you file

head of exec agency is usually accountable to a cabinet member

what is main diff between exec and independent exec

limited liability

what is major advantage of a Professional Corporation

jury and witnesses

what is not a part of civil appeals court that was in the trial court

jail/incarceration

what is not a purpose of tort law

asbestos

what is one of the costliest and longest running torts in history

proxy solicitation

what is one of the few areas of internal corporate affairs regulated by FEDERAL securities laws

Section 2a of Clayton (Robinson-Patman Act) (price discrimination)

what is one of the most controversial areas of antitrust law

texas does not allow defamation of dead people (statutory law)

what is one thing ab TX and defamation

compensate officers and board with stock instead of salary

what is one way to align financial interests of execs and shareholders

pres appoints, senate confirms, serve for life

what is process for getting judges on a constitutional court

varies state to state. RI appoints for life, TX elects

what is process for getting judges on a state court

wages (so is a mandatory bargaining topic)

what is profit sharing plans synonymous to in this class?

annual fee and annual report, register with appropriate state official

what is required for the creation and duration of an LLP

rule of reason

what is rule for horizontal exchanges of information

per se

what is rule for horizontal market division

involve a federal question, diversity of citizenship

what is subject matter jurisdiction for federal courts

outlawed yellow dog contracts

what is the BIG thing that norris-laguardia did

new hazardous waste

what is the RCRA regarding

2 years

what is the Statute of Limitations for nuisance in TX?

S-A war and The Jungle, Pure Food and Drug Act, Dept of Chem renamed to FDA, elixir sulfa, Food Drug and Cosmetic Act, Delaney Clause, K-H amendment, Fair Packaging and Labeling Act, Medical Devices Amendment, NLEA, FQPA

what is the basic FDA timeline (11 events)

to maximize the value of their stock

what is the basic goal of shareholders in a corporation

reasonable cause (not probable cause)

what is the basis for a warrant in administrative law

management

what is the big difference between LLCs and Corps

at least the same as CC, may also have family juris and higher dollar civil

what is the case matter juris of CCAL

US v Socony Vacuum

what is the case with famous footnote 59

same as municipal court

what is the criminal jurisdiction of JP courts

200-10000

what is the dollar amount for civil cases in CC

200-100000

what is the dollar amount for civil cases in CCAL

200-10000

what is the dollar amount for civil cases in JP

defendant intended to induce reliance

what is the element of fraud that you keep forgetting

must be offensive to the ordinary person

what is the element of invasion of privacy that you keep forgetting

genuine and real asset, undue influence

what is the element that TV evangelists tend to lack in their "contracts" and what part of that element specifically?

merck

what is the example he keeps using for a good corporate governance

malpractice of other attorneys

what is the exception of limited liability in a Professional Corp

eastland

what is the exception to the rule that state courts of appeals are in major metropolitan areas

lanham act

what is the federal law that governs trademark

tort liability for those responsible

what is the fine/jail time for CERCLA

civil- $50000 and/or 1 year, injunction, and revoke or suspend permit

what is the fine/jail time for the Marine Protection, Research and Sanctuaries Act

civil- $25000 criminal- $50000 per day and/or two years, CAN BE DOUBLE FOR REPEAT OFFENDERS

what is the fine/jail time for the Resource Conservation and Recovery Act

municipal and JP

what is the first tier of trial courts in Texas

misbranded and adulterated food and drugs

what is the focus of the Wiley Act

stare decisis

what is the heart of common law

trial courts and appellate courts

what is the hierarchy of the criminal court system

texas law said cant burn flag, supreme court said unconstitutional (during reagan administration), bush called for constitutional amendment, congress passed another law, supreme court called unconstitutional, another amendment failed

what is the journey of flag burning law

one judge in trial court, multiple judges in appellate

what is the judge situation in the criminal court hierarchy

"beyond the bounds of decency"

what is the key phrase when it comes to IIMD

grievance procedures

what is the key provision of a CBA

they are STIPULATED in the contract

what is the key to liquidated damages

FTC v. Indiana Federation of Dentists

what is the leading case in the area of horizontal exchange of info

competition

what is the lifeblood of capitalism

A trial court determines facts, while an appellate court ensures that the lower court correctly applied the law to those facts.

what is the main diff between trials and appeals courts

enforcement

what is the main job of most agencies

initial sellers of securities must file registration statement with SEC

what is the main provision of securities act of 1933

it can cover small dollar civil cases

what is the major diff between JP and municipal courts

must follow all steps of the complicated corporate structure

what is the major disadv of closely held corporations

double taxation

what is the major disadvantage of corporations

labor market

what is the market for executive talent synonymous to

10000

what is the max dollar amount in a JP civil case

breach of contract

what is the most common form of lawsuit filed in the American court system

business decisions like mergers (but closing plants counts)

what is the most common topic that isn't allowed under good faith bargaining?

some form of seller behavior that unreasonably creates to take advantage of an obstacle to the free exercise of consumer decision making

what is the most controversial of the three tests for unfair advertising

intent

what is the most important element of disparate treatment

common law

what is the most important legal parameter product liability

bayer aspirin

what is the most well-known case of losing a trademark to it becoming generic

USPTO

what is the national office in charge of trademarks

municipal court

what is the only TX court that is normally appointed

"its the only way to do business"

what is the only exception to the per se rule for horizontal price fixing

its relatively new

what is the only one real disadvantage to LLCs

US v. Trenton Potteries

what is the original case to say horizontal price fixing is per se illegal?

they have enforcement power in and of themselves

what is the power that sets apart regulatory agencies from other branches of gov

to allow interested parties the opportunity to be heard when agencies are proposing to adopt rule that will have an impact on their lives

what is the primary goal of the APA

automobiles

what is the primary mobile source of pollution

administrative agencies

what is the primary tool for gov regulation

appellant gives notice to trial court, record is sent to appellate court, appellant and appellee send in briefs, oral arguments, decision

what is the process of a civil appeals case

same as the process to certify the union as representative

what is the process to decertify the union

2/3 civil, 1/3 criminal

what is the proportion of civil to criminal cases in state district courts

Sugar Act, Stamp Act, Stamp Act Congress, Townshend Act, boycotted tea, Tea Act, Boston tea party, Coercive Acts, First Continental Congress, Lexington and Concord, Second Continental Congress, victory, AOC, Shay's Rebellion, Annapolis convention, Constitutional Convention

what is the quick history timeline of the american colonies (16 events)

employee must have been with the company for at least 12 months and have worked 1250 hours

what is the requirement on how long the employee must have been working to be protected by FMLA

unions are among the most highly regulated private organizations in the country

what is the result of L-G

board is free to do as it pleases

what is the result of separation of ownership and control if left unchecked

each county must have one and only one

what is the rule about the number of county courts

rule of reason

what is the rule for exclusive dealing contracts

per se

what is the rule for horizontal boycotts

per se

what is the rule for horizontal price fixing

rule of reason

what is the rule for mergers

per se with a twist, and the twist is that its rule of reason

what is the rule for tying arrangments

per se

what is the rule for vertical boycotts

rule of reason

what is the rule for vertical market divisions

rule of reason

what is the rule for vertical price fixing

stores have recalled them, importer refuses to cooperate

what is the status of the buckyball recall

five years

what is the statute of limitations under Insider Trading Sanctions Act

reporting for the public good

what is the test to see if you are protected by the Whistleblower Protection Act

Texas Commission on Environmental Quality (TCEQ)

what is the texas equivalent to the EPA

six months

what is the time period on short-swing profits?

administrative warrant

what is the usual type of required warrant for a business

disposal of nuclear wastes

what is the very controversial part of the NRC

they recognize the difference between a temporary and permanent nuisance

what is unique ab TX when it comes to the tort of nuisance

texas requires special damages

what is unique about texas when it comes to the elements of malicious prosecution

independent agency

what kind of AA is CPSC

US district court

what kind of court would the FTC go file an injunction with in the case of advertising that needs to be removed immediately?

treble damages

what kind of damages can you by punished with for insider trading

monetary damages

what kind of damages can you get if you are victim of trespass to personal property

majority decision

what kind of decision from the appellate courts sets legal precedent

state law

what kind of law is LLP under

state

what kind of law is drug testing

state

what kind of law is workers comp

state law (meaning states DO NOT have to enact right-to-work laws if they don't want to)

what kind of laws are right-to-work laws

unlimited liability, fiduciary duty to limited partners

what kind of liability do general partners have in an LP

limited liability

what kind of liability to limited partners have with LP

monetary and equitable remedies

what kind of remedies can you get as a victim of nuisance

double taxation

what kind of tax structure is closely held corps under

majority rule basis

what kind of vote is required to have the union as sole representative (what percentage of ppl have to vote yes)

Clean Air Act

what law concerns itself with 'known pollutants'

Clean Air Act

what law deals with specific standards to prevent acid rain

clayton

what law exempts unions from antitrust law

Securities Exchange Act of 1934

what law regulates the manner in which proxies are solicited

Clayton and Capper-Volstead Act

what laws exempt ag cooperatives

River and Harbor Act, Federal Water Pollution Control Act, and Water Quality Act

what laws make up the Clean Water Act

tylenol cyanide poisonings

what led to federal anti-tampering act

congress not allowing saccharin to be banned by delaney clause

what led to nutrition labeling and education act

thalidomide issues

what led to the Kefauver-Harris amendment

Exxon Valdez disaster

what led to the OPA

appeals from first tier, criminal (Class A and B misdemeanors), civil (200-10000), juvenile matter, probate jurisdiction

what matter does county court authority extend to

returned to company's treasury

what must happen if any corporate insiders enjoy short swing profits

oversees hiring and performance of outside auditors (as opposed to managers), auditors report to audit committee about any disagreements with managers

what new things about audit committee where put in place by SOX

conduct of the party, words spoken or written, and circumstances surrounding the transaction

what objective factors are considered when talking about contracts

Lanham

what other act besides the FTC Act would allow a private company to sue under a bait and switch situation?

fifth amendment

what part of const allows for eminent domain

Bureau of Consumer Protection

what part of the FTC is charged with regulating unfair and deceptive advertising

99%

what percent of EEOC cases are settled through ADR?

8%

what percent of private sector workers are in a union

38%

what percent of public sector workers are in a sector

90%

what percentage of antitrust law are private lawsuits

90%

what percentage of civil cases settle prior to trial

lanham act

what piece of legislation establishes a plan for action for false advertising

the party in power (dems) picked up more seats in Congress during the off year election, first time in history for this to happen (FDR and pro union measures were extremely popular)

what random fact occurred in 1934 that was first time in american history to happen

negligence

what requires cause in fact and proximate cause as elements

capital punishment

what requires the highest amount of due process

rule of reason

what rule does Swim consider IBM v US to be

statute

what sets forth venue rules

preponderance of the evidence

what standard of proof are torts measured to

Kansas

what state is blue sky laws "based" off of

California

what state were the federal environmental laws modeled after

new automobiles must meet air quality control standards, regulates fuel and fuel additives, service stations are controlled

what the the three areas under mobile sources of air pollution that CAA emphasizes

common law of contracts and torts or statutory law

what three ways can consumers gain remedies from false advertising

Gov in Sun and FOIA

what two acts show the basic theory that better regulations will result from increased accountability of bureaucrats

financial affairs of labor unions and election of union officers

what two areas is L-G supposed to regulate

pesticides and landfills

what two main things is the Safe Drinking Water Act concerned will contaminate the water

GE and Honeywell, UPS and the Netherlands

what two mergers has the EU blocked recently

gave business owners the right to treble damages and instituted "intent to use" filing

what two things did Trademark Law Revision Act do

cause in fact and proximate cause

what two types of causation are generally required to maintain an action for negligence

car dealerships and liquor stores

what two types of establishments still follow Blue Laws

RACT and BACT

what two types of pollution control devices are for stationary sources

procedural and regulatory

what two types of rules does informal rulemaking make?

performance and labeling standards

what two types of standards can the CPSC issue if testing reveal there is a product is hazardous

CCAL and district

what two types of state trial courts have the possibility of being specialized

revocation and lapse of time

what two types of termination of an offer by person would an option contract be relevant to?

colors and sounds

what two weird things can be trademarked

independent executive agency

what type of agency is the EPA

monetary and equitable

what type of damages can be used for conversion charges

majority decision

what type of decision from the appellate courts sets forth the court's legal rationale for their decision

race discrimination

what type of discrimination was the main focus of Title VII

secret ballot

what type of election is it for union representation

public sector

what type of employees are protected by the Whistleblower Protection Act

all public sector employees, private sector employees if 50 or more

what type of employees are protected under FMLA

government workers or private workers if business has 50 or more employees

what type of employees does FMLA apply to?

BACT

what type of environmental controls are required by the Safe Drinking Water Act of 1974?

trademark

what type of intellectual property is the Anticybersquatting Consumer Protection Act regarding

state law

what type of law has been allowing teachers, librarians, and other state and local employees to unionize

common law and state law

what type of law is contracts law

meat and meat products bc under dept of ag

what type of products are exempt from FDA law and why

sunset laws (state)

what type of reform of agencies does not apply to the federal agencies?

procedural rules and regulations

what type of regulatory rules do the courts give the closest scrutiny

hazardous industries or emergent circumstances

what type of situations do not require a warrant

zero risk standard

what type of standard did the delaney clause set

express warranty under UCC

what type of statutory remedies are there for consumers for false advertising

current use filing

what type of trademark filing requires teh registrant to prove they have used the mark in commerce

intent to use

what type of trademark filing requires the product to not currently be in commercial use

executive and independent executive

what types of agencies can the president remove the head at will

statutory damages and attorney's fees

what types of damages/fees do you forfeit if your copyright is not registered when you sue

state statutory law and common law

what types of law make up contracts law

texas and many other states used to say that if a member of the LLC died, the LLC was dissolved (then had to form a new LLC)

what used to be a major problem with LLCs

employment-at-will

what used to be the american employment "policy" in the 1800s

residence of the defendant

what usually determines venue

voluntary action by the company

what usually results from "objectionable conditions" being found by the FDA

FDA sends warning letter giving notice of possible enforcement steps that could be taken

what usually results from "serious objectionable conditions" being found by the FDA

trying to screw w the courts

what was FDRs response to Schechter v US

Indiana Federation of Dentists rule was illegal based on rule of reason

what was FTC v Indiana Federation of Dentists ruling

violation of 10b-5

what was Michael Milken guilty of

Dept of Ag

what was Pure Food and Drug Act and the FDA ORIGINALLY under

public reaction to sherman & rule of reason

what was a big issue in 1912 presidential race

lifting taxes except on tea

what was british response to boston massacre

coercive acts

what was british response to boston tea party

tea act of 1773

what was british response to committees of correspondence

townshend acts

what was british response to stamp act congress

First Continental Congress

what was colonists response to coercive acts

boycotting tea

what was colonists response to townshend acts

send 20,000 more troops to boston, label all delegates as traitors

what was king's response to second continental congress

all the states

what was necessary for AOC to be ratified

3/4 states

what was necessary for the constitution to be ratified by the states

New England Compounding Center

what was one of the deadliest medical outbreaks in US history

limit power of unions

what was purpose of taft-hartley

she lost at appellate level bc she sued the company, and not him. if she would have sued him she would have one (he was outside the scope of his employment, not the company's fault)

what was result of hill v western union telegraph

court held buick was liable even though they didn't manufacture the faulty wheel, they negligently used it

what was result of macpherson v buick

taft-hartley act

what was result of unions' actions during WWII

per se illegal

what was ruling of Dr Miles Med v John Park

per se illegal

what was ruling of US v Socony-Vacuum

per se illegal

what was ruling of US v Suntar Roofing

per se illegal

what was ruling of arizona v maricopa

1500 farmers (whose farms were foreclosed) raid the federal arsenal, was stopped by privately funded force

what was shays rebellion

Elixir Sulfanilamide

what was the Food Drug and Cosmetic Act a result of

spanish-american war and The Jungle

what was the Pure Food and Drug Act the result of

National Pollutant Discharge Elimination System (NPDES)

what was the River and Harbor Act replaced by

didn't do anything about anticompetitive practices

what was the big problem with sherman

directly outlawed anticompetitive practices

what was the biggest step forward in the clayton act

was basically antifreeze, over 100 died, result was Food Drug and Cosmetic Act

what was the deal w elixir sulfanilamide

lead paint

what was the deal with thomas the train engine

Brown v. Board of Education

what was the defining moment of the beginning of the Civil Rights Movement

EPA

what was the first act dealing with discrimination at the federal level?

macpherson v buick

what was the first case outside of food and drug to hold a manufacturer liable

wyoming

what was the first state to have LLCs in the US

stamp act congress (1765), 9/13

what was the first unified meeting of the colonies, and how many attended

one house, supreme court appointed by congress

what was the gov like under NJ plan

one house, no president, no national courts

what was the gov like under the AOC

National Industrial Recovery Act (NIRA)

what was the law that was the precursor to the FLSA that was declared unconstitutional?

john rockefeller's standard oil trust

what was the original target of antitrust law

vetoed by Truman, overridden

what was the path of Taft-Hartley in Congress

certain contracts must be in writing

what was the result of statute of frauds

Consumer Product Safety Act

what was the result of the Bipartisan Commission of Product Safety

not guilty

what was the ruling of Chiarella v US

per se (with a twist)

what was the ruling of IBM v US

30%

what was the unemployment rate in the Great Depression

10th amendment

what was used by Maryland as defense in McCullough

sunland inc, taylor farms pacific, new england compounding center

what were his three examples of recent FDA recalls

caveat emptor becomes caveat venditor

what were the legal implications of second restatement of torts

unity in colonies, king rejected demands

what were the results of the first continental congress

Body Wise, Enforma, Sagee USA

what where the three other cases about deceptive advertising in dietary supplements industry

fed gov will enforce

what will happen if states don't enforce NAAQS

1927

what year the FDA take over regulation of the Pure Food and Drug Act?

1970

what year was the EPA created

yellowstone in 1872

what/when was first national park

judicial passivism

when a judge Follows legislative intent

hung

when a jury cannot decide the case

predatory pricing

when a manufacturer sells its product for a lower price in one geographic area to drive the competition out of business in that geographic area and then raises the price once the competition is removed, major type of price discrimination

disaffirmance

when a minor voids a contract

filling, dredging, or draining

when a wetland is identified, the owner cannot do what

en banc

when an appellate court that normally sits in panels sits as a whole

Unfair labor practice (ULP)

when an employer interferes with employees in the exercise of their rights to form labor unions and engage in collective bargaining

trade dress

when an infringer steals the entire inherent distinctive look of a competitor, form of trademark

blurring

when an unrelated product uses your trademark

connecticut in 1837

when and where was the first general incorporation law enacted

when they are worried the advertising will be over by then and it will be especially harmful to the public

when can the FTC sue in US District Court seeking an injunction

precedent

when court follows stare decisis doctrine

2010

when did RULLCA go into effect

long shore men

when did bush sr step in for national peril

coal industry

when did carter step in for national peril

american airlines pilots

when did clinton step in for national peril

steel industry

when did eisenhower step in for national peril

long shore men

when did nixon step in for national peril

when madison introduced 12 amendments

when did north carolina ratify the constitution

great depression

when did ppl realize that the laissez-faire attitude around employers and unions was no longer the way to go bc it wasn't fair

air traffic controller

when did reagan step in for national peril

when the bill of rights was ratified and GW had been pres for a year

when did rhode island ratify the constitution

after federalists agreed to include personal freedom and states rights

when did virginia and new york agree to ratify the constitution

after creditors but before general partners

when do limited partners get paid in dissolution of an LP

pleadings

when do pretrial motions occur

amount in controversy exceeds 20 and involves common law claim

when do you get a jury in federal civil court

wages, hours, and other conditions of employment

when does NLRA mandate good faith bargaining

pretrial phase

when does alternate dispute resolution come into play in a trial

pretrial phase

when does docket control occur

when nuisance is discovered

when does two-year statute of limitations period begin for a permanent nuisance

every time there is a new violation

when does two-year statute of limitations period begin for a temporary nuisance

unwanted

when in comes to invasion of privacy, unwarranted does not mean _____________

if they know agent is acting on their behalf and they lead a third party to believe the agent can represent them

when is a principal liable in an Agency by Estoppel situation

after closing arguments

when is courts charge delivered

the EU

when it comes to international regulation, who has been particularly aggressive to US businesses in recent years

sweetheart contract

when labor officials and negotiators secretly make a deal with management to the disadvantage of the workers whom the labor officials are supposed to represent

tarnishing

when someone uses your trademark in a negative fashion

symbolic speech

when symbols or signs are used as a means of expression

tender offer

when the acquiring company offers more than face value for stock attempting to purchase a controlling interest in the target company

Agency by Operation of Law

when the law imposes on a principal the consequence of an agency that was not otherwise accepted, usually in an emergency or other unusual situation

modify

when the majority decision agrees with lower court but modifies rulings in some way

affirm

when the majority decision agrees with the lower court

reverse

when the majority decision disagrees with lower court

remand

when the majority decision finds error and send case back to trial court to retry the case within the guidelines set by the appellate court

lapse of time

when the offeree fails to accept by a deadline defined in the offer or after a reasonable period of time

national peril

when the president has the right to intervene in labor disputes of nationally perilous situations

yes

when there is a material breach, is the nonbreaching party discharged from the contract

voidable, are

when unadjudicated insane returns to sanity, the contract is ______ and they (are/are not) liable for restitution

under gitlow v NY

when was Doctrine of Incorporation born

1790

when was first patent act passed by congress

1990

when was the most recent amendment of CAA passed

1935-1941 (after Wagner)

when was there a sharp increase in unionization

first half of 20th century

when were industry-specific regulatory agencies the predominant form of regulation

the 1920s (bc no one needed unions then, life was good)

when were yellow dog contracts popular

cooling off period

when workers in a critical industry return to their jobs while the union and management continue negotiations for 60 days, *mandated by president*

if partner was directly involved or had knowledge or done by somebody under your direct control

when would a partner potentially have liability in an LLP for another partner's actions

if agent acted outside of scope of authority

when would a principal not be contractually liable in an undisclosed situation?

if suppliers try to help ford break the strike

when would the ally doctrine come into play in the Ford secondary boycott example

alignment of financial interests

when you align the financial interests of the executive officers and the board members with that of the shareholders

mid 1800s with Thoreau

when/who did ppl begin to call attention to pollution

boston in 1652 with public water supply system

where could you begin environmental history began

Wiley's Bureau of Chemistry, was simply transformed (no single law created)

where did FDA come from

Germany

where did LLCs begin

chicago

where did haymarket riots happen

Martinsburg, WV

where did the great strike of 1877 start

wisconsin

where did workers comp begin

court of appeals

where do appeals from CC and CCAL go

CC or CCAL (de novo)

where do appeals from JP court go

federal court of appeals

where do appeals from NLRB go

court of appeals

where do appeals from state district court go

court of appeals

where do appeals from state district court go (except capital murder cases w death penalty)

court of criminal appeals

where do death penalty cases go straight to

the agency board and then the US Court of Appeals

where do you appeal AL cases to

USPTO (United States Patent and Trademark Office)

where do you register a patent

CC or CCAL (de novo)

where does an appeal from municipal court go

14th amendment

where does const give us due process by state gov

area outside city limits

where does the JP court cover

new orleans

where does the US Court of Appeals sit that includes TX federal courts

5th amendment

where does the const give us due process by nat gov

self-reporting

where does the information from TRI come from

from taxes on potentially hazardous waste products

where does the money for the Superfund come from

english common law

where does the tort of intentional interference with contractual relations come from

within city limits

where is the municipal court's authority limited to

exclusionary practices

where one firm is given the exclusive right, to the exclusion of others, to buy, sell, or trade another's product

friendly offer

where the acquiring company has asked the target board of directors and they have agreed to endorse the takeover and recommend its acceptance by the shareholders

unfriendly offer

where the board of the target company refuses the bid from the acquiring company

federalism

where the national gov is given powers by the Constitution while reserving other powers to the states

Alaska

where was the Exxon Valdez disaster

CC and CCAL

which Texas appellate court is not a true appellate court in that the trial is a retrial of the case

RCRA

which act can the fine/jail time be double for repeat offenders

T-H

which act created the Federal Mediation and Conciliation Service?

wagner

which act created the NLRB

River and Harbor Act of 1886

which act created the tradable permits system

T-H (was overruled)

which act did Truman veto

wagner

which act governs the election of a labor union for employees of a company

l-g

which act governs the election of union leaders within the union

Clean Air Act

which act is concerned about indoor pollution (radon gas)

ILA v Jacksonville Bulk

which act or case gave the rationale for the definition of "legal dispute" to be enhanced?

immigration act of 1924

which act pushed for unionization before the big 4 acts

clayton

which act restricts interlocking directorates

Omnibus Transportation Employee Testing Act

which act says post accident drug test possibly being mandatory

Nixon

which administration did NEPA pass under

5th

which amendment is eminent domain from

1st

which amendment is the establishment clause from

4th

which amendment is the exclusionary rule from

LLP

which business entity was first "created by professional accountants"

interference with prospective economic advantage

which business intentional tort does TX not recognize

Leggin Creative Leather Products v. PSKS

which case changed vertical price fixing from per se to rule of reason

Greensman v Yuba Power

which case is an example of Product Liability based on Strict Liability

Burlington Northern & Santa Fe Railway v. White

which case is regarding reverse discrimination?

equal protection clause

which clause has three levels of protection: rational basis, substantial gov interest, compelling state interest

upper 10%

which employees can be denied the benefit of FMLA

FLSA, FMLA, Rehabilitation Act of 1973

which employment discrimination laws are under the Dept of Labor Wages and Hours Division

EPA, Title VII, ADEA, ADA

which employment discrimination laws are under the EEOC

historical

which era was the FDA created in

fifth

which federal circuit of appeals is TX in

Title VII for disparate treatment

which federal law requires an employer to give a nondiscriminatory reason for rejection of an applicant as an element of the case

tradable permits

which is preferred by environmentalists: c-and-c or tradable permits

commerce clause

which is the most important clause in const as far as business is concerned

material breach

which is worse: substantial performance or material breach

Insider Trading Sanctions Act

which law allows for treble damages for insider trading

NEPA

which law create the Council on Environmental Quality

NLEA

which law determines what is "fresh" in terms of food products?

Safe Drinking Water Act

which law is concerned about landfills and pesticides contaminating water

none, it is VOLUNTARY by the gov

which law is the Toxic Release Inventory under

Clean Air Act

which law mandates SIPs

NEPA

which law requires EISs

Food Quality Protection Act

which law says sellers must provide brochures to the public on the use of a pesticide

NLEA

which law says the the USDA still regulates meat/poultry

Toxic Substances Control Act

which law says you have to test chemicals before they can be sold

Clean Air Act

which law talk about fuel/fuel additives and service stations

Clean Air Act

which law talks about primary/secondary levels of protection

haymarket riots

which major riot did the knights of labor "never recover from"

47th

which number state was TX to recognize IIED

article ii

which part of const talks about the executive branch

3 (quartering), 5 (grand jury), 7 (jury trial in civil cases)

which parts of bill of rights do NOT apply to states through doctrine of incorporation

truman

which president integrated and racially mixed the military in 1948 by exec order

deterrence

which purpose of tort law is the term "least-cost avoider" associated with

per se

which rule of antitrust law says cause is irrelevant

Tyco

which scandal is associated with a "thousand dollar shower curtain"

section 7

which section of Wagner legalizes unions

delaware

which state dominates corporate law?

New Hampshire

which state was 9th to ratify the constitution

southern and western states

which states have been passing right to work laws

colorado, NY, ND, CA

which states protect "legal recreational activities"

homestead steel

which strike did pinkertons kill workers so they went back to work

Homestead Steel Strike

which strike involved Pinkertons

pullman strike

which strike required US army intervention

homestead steel

which strike was against andrew carnegie's company

pullman strike

which strike was the railway workers sympathy strike

small claims court and CCAL

which texas courts were created by the texas lege

trespass to real property

which tort is "reasonable duty" and attractive nuisance doctrine related to

RCRA criminal and Noise Control

which two laws are "and/or two years"

New York and virginia

which two major states that made up 40% population did not ratify the constitution initially

copyrights and patents

which two types of intellectual property are protected by Article 1 Section 8 of the constitution

economy wide

which type of agency has the greatest impact on the overall legal environment of business, industry-specific or economy wide

proximate cause

which type of causation for negligence limits the other

quasi in rem

which type of jurisdiction have state courts historically abused, therefore subject to close federal scrutiny

corporation

which type of law is more consistent: corporation or LLC?

descriptive

which type of trademark do we usually find fair use claims

copyrights and patents (but copyrights keep getting extended by congress)

which types of intellectual property can you not renew

trademarks (and so probably trade names and trade secrets too)

which types of intellectual property is renewable

torts and contracts of other attorneys

while Professional Corp does not give limited liability in cases of malpractice, it does in cases of

DOJ (and FTC)

who administers the Clayton act

the US Coast Guard

who administers the OPA

directors, officers, and 10% shareholders

who are named "insiders" (would be under jurisdiction of 16b)

ppl that are creating the LLC

who are the organizers of an LLC

individuals, health professionals, industry member

who can report a violation to the FDA

NLRB

who conducts elections regarding the certification of unions as exclusive reps of the workers

judge

who conducts voir dire in federal court

attorneys

who conducts voir dire in texas courts

the lege

who created the county court at law

EPA and Commerce Department

who designates critical habitats for each endangered species

texas lege

who designates if a municipal court is a court of record

Secretary of Interior

who determines if a species is endangered or threatened

ohio supreme court

who dissolved standard oil trust

corporate officer (who will vote in favor of the board)

who do shareholders typically delegate their proxy to

FTC board, then US Court of Appeals

who do you appeal to after ALJ

Texas Secretary of State

who do you file a Certificate of Limited Partnership with

Complaint Coordinator

who do you file an FDA complaint with

Army Corps of Engineers

who do you have to get a permit from to mess with wetlands

employers with 15 or more employees

who does ADA apply to

officers and directors, NOT 10% SHAREHOLDERS

who does Corporate Opportunity Doctrine apply to?

employers

who does S-M go after

employers with 15 or more employees

who does Title VII apply to

plaintiff

who does closing arguments last

plaintiff

who does opening statements first

USDA and EPA

who does the FDA share the responsibility of regulating pesticides with?

mergers over $70 mil in value

who does the Hart-Scott-Rodino apply to

all named insiders (directors, officers, 10% shareholders)

who does the short swing profits rule apply to

electric generating plants

who does thermal pollution typically target

people in the precincts

who elects JP judges

shareholders

who elects the board of directors

FTC or DOJ

who enforces clayton

DOJ

who enforces sherman

state government

who enforces the NAAQS

henry lee of virginia

who entered a resolution calling for independence

SEC

who is in charge of enforcement of SE Act of 1934

Equal Employment Opportunity Commission

who is in charge of enforcing Title VII on a federal level

Civil Rights Division of the Texas Workforce Commission

who is in charge of enforcing Title VII on a state level in Texas

Dept of Labor, Wages and Hour Division

who is in charge of enforcing the FLSA

each partner

who is liable for taxes in partnership

the corporation and the owners

who is taxed in a corporation

educators

who is the main benefactor of the fair use doctrine

walmart

who is the nation's largest private sector employer

the person that can be served in the LLC

who is the registered agent in an LLC

LBJ

who issued Executive Order 11246

clinton

who issued executive order 13087

george washington

who led the constitutional convention

the board of directors

who often plays an important role in a tender offer

dept of labor

who oversees L-G act

the owner

who pays taxes in a sole proprietorship

knights of labor

who planned the haymarket protest

National Labor Relations Act

who regulates labor unions

senator kennedy

who sponsored L-G

cruise ships

who tends to violate the Ocean Dumping Act the most

city officials

who usually appoints the municipal judges

former slaves

who was 14th amendment originally intended for

insurance industry

who was majorly pushing for tort reform

kennedy

who was the first president to get the opportunity to enforce L-G?

grover cleveland, no

who was the only dem president during the time of the strikes and was he a friend to labor

ads targeted at children, funeral directors, and used car dealers

who were the first targets of unfair advertising (pre FTC Improvement Act)

nat gov

who win mcculloch v maryland

james madison

who wrote the virginia plan

the colonists

whose expense was the quartering act at

arthur andersen and enron

why are accounting firms forbidden in providing certain types of consulting services to their audit customers

they were greedy during WWII

why did public opinion turn against unions after 1941

8hr workday

why did the knights of labor plan the haymarket protest

take advantage of limited liability

why do closely held corporations utilize the corporate form

handled in other law

why is foreign trade exempt from antitrust law

the texas state const

why is the texas court system so complex

french and indian war caused british to raise taxes on colonists because they paid for protection

why were ties to the crown weakening with the colonists

costly

why would someone not want to do depositions

drastically

worker's comp varies (minimally/drastically) from state to state

regardless of fault

workers comp covers employee...

free riders

workers who were against the union so don't join, but still get some of the benefits

do not have privacy rights in regards to work property, unless computer owned by employee

workplace privacy rights

no

would right-to-work considerations be included in a CBA

infringement

wrongful taking or using Intellectual Property without permission or compensation to the rightful owner

cannot

you (can/cannot) change your mind about wanting arbitration

you know the answer the witness will give

you should only ask a question in a trial that begins with "why" when

Dirks case and test

• Dealt with issue of tippees in relation to insider trading • *Defines insider trading*