americans with disability act

The Americans with Disabilities Act of 1990[1][2] (ADA) is a law that was
enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990,
by President George H. W. Bush, and later amended with changes effective
January 1, 2009.[3]
The ADA is a wide-ranging civil rights law that prohibits, under certain
circumstances, discrimination based on disability. It affords similar protections
against discrimination to Americans with disabilities as the Civil Rights Act of
1964,[4] which made discrimination based on race, religion, sex, national
origin, and other characteristics illegal. Disability is defined by the ADA as "a
physical or mental impairment that substantially limits a major life activity."
The determination of whether any particular condition is considered a
disability is made on a case by case basis. Certain specific conditions are
excluded as disabilities, such as current substance abuse and visual
impairment which is correctable by prescription lenses.
foreign corrupt practices act
The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. 78dd-1, et
seq.) is a United States federal law known primarily for two of its main
provisions, one that addresses accounting transparency requirements under
the Securities Exchange Act of 1934 and another concerning bribery of
foreign officials.
securities act
Congress enacted the Securities Act of 1933 in the aftermath of the stock
market crash of 1929 and during the ensuing Great Depression. Legislated
pursuant to the interstate commerce clause of the Constitution, it requires
that any offer or sale of securities using the means and instrumentalities of
interstate commerce be registered pursuant to the 1933 Act, unless an
exemption from registration exists under the law. The 1933 Act was the first
major federal legislation to regulate the offer and sale of securities. Prior to
the Act, regulation of securities was chiefly governed by state laws,
commonly referred to as blue sky laws. When Congress enacted the 1933 Act,
it left in place a patchwork of existing state securities laws to supplement
federal laws in part because there were questions as to the constitutionality
of federal legislation.

scope of jurisdiction with FTC, SEC

Federal Register

The Federal Register (since March 14, 1936), abbreviated FR, or sometimes
Fed. Reg.) is the official journal of the federal government of the United
States that contains most routine publications and public notices of
government agencies. It is a daily (except holidays) publication.The Federal
Register is compiled by the Office of the Federal Register (within the National
Archives and Records Administration) and is printed by the Government
Printing Office.There are no copyright restrictions on the Federal Register: as
a work of the U.S. government, it is in the public domain.
Fair Credit Reporting Act
he Fair Credit Reporting Act (FCRA) is a United States federal law that
regulates the collection, dissemination, and use of consumer information,
including consumer credit information. Along with the Fair Debt Collection
Practices Act (FDCPA), it forms the base of consumer credit rights in the
United States. It was originally passed in 1970, and is enforced by the US
Federal Trade Commission and private litigants.
jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence,
or legal theorists (including legal philosophers and social theorists of law),
hope to obtain a deeper understanding of the nature of law, of legal
reasoning, legal systems and of legal institutions. Modern jurisprudence
began in the 18th century and was focused on the first principles of the
natural law, civil law, and the law of nations
types of damages within a contract
liquidated v. punitive damages
Liquidated damages (also referred to as liquidated and ascertained damages)
are damages whose amount the parties designate during the formation of a
contract for the injured party to collect as compensation upon a specific
breach (e.g., late performance).
Punitive damages or exemplary damages are damages intended to reform or
deter the defendant and others from engaging in conduct similar to that
which formed the basis of the lawsuit. Although the purpose of punitive
damages is not to compensate the plaintiff, the plaintiff will in fact receive all
or some portion of the punitive damage award.
initially selling stock to public
administrative procedural act
The Administrative Procedure Act (APA), is the United States federal law that

governs the way in which administrative agencies of the federal government

of the United States may propose and establish regulations. The APA also sets
up a process for the United States federal courts to directly review agency
decisions. It is one of the most important pieces of United States
administrative law. The Act became law in 1946.
fiduciary
A fiduciary duty (from Latin fiduciarius, meaning "(holding) in trust"; from
fides, meaning "faith", and fiducia, meaning "trust") is a legal or ethical
relationship of confidence or trust regarding the management of money or
property between two or more parties, most commonly a fiduciary and a
principal. One party, for example a corporate trust company or the trust
department of a bank, holds a fiduciary relation or acts in a fiduciary capacity
to another, such as one whose funds are entrusted to it for investment. In a
fiduciary relation one person, in a position of vulnerability, justifiably reposes
confidence, good faith, reliance and trust in another whose aid, advice or
protection is sought in some matter. In such a relation good conscience
requires one to act at all times for the sole benefit and interests of another,
with loyalty to those interests.
types of restitutions judges can order
accord and satisfaction
Accord and satisfaction is a contract law concept about the purchase of the
release from a debt obligation. The payment is typically less than what is
owed and is not paid by the actual performance of the original obligation. The
accord is the agreement to discharge the obligation and the satisfaction is
the legal "consideration" which binds the parties to the agreement.
If a person is sued over an alleged debt, that person bears the burden of
proving the affirmative defense of accord and satisfaction.
details about statute of frauds
The statute of frauds refers to the requirement that certain kinds of contracts
be memorialized in a signed writing with sufficient content to evidence the
contract.
Traditionally, the statute of frauds requires a signed writing in the following
circumstances:
Contracts in consideration of marriage. This provision covers prenuptial
agreements.
Contracts which cannot be performed within one year. However, contracts of

indefinite duration do not fall under the statute of frauds regardless of how
long the performance actually takes.
Contracts for the transfer of an interest in land. This applies not only to a
contract to sell land but also to any other contract in which land or an interest
in it is disposed, such as the grant of a mortgage or an easement.
Contracts by the executor of a will to pay a debt of the estate with his own
money.
Contracts for the sale of goods involving a purchase price of $500 or more.
Contracts in which one party becomes a surety (acts as guarantor) for
another party's debt or other obligation.
This can be remembered by the mnemonic "MY LEGS": Marriage, one year,
land, executor, goods, surety; or Marriage, one year, land, executor,
guarantor, sale.

tort v. criminal
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil
duty owed to someone else. It is differentiated from a crime, which involves a
breach of a duty owed to society in general. Though many acts are both torts
and crimes, prosecutions for crime are mostly the responsibility of the state,
private prosecutions being rarely used; whereas any party who has been
injured may bring a lawsuit for tort. One who commits a tortious act is called
a tortfeasor. The equivalent of tort in civil law jurisdictions is delict.
Crime is the breach of rules or laws for which some governing authority (via
mechanisms such as legal systems) can ultimately prescribe a conviction.
Individual human societies may each define crime and crimes differently, in
different localities (state, local, international), at different time stages of the
so-called "crime" (planning, disclosure, supposedly intended, supposedly
prepared, incompleted, completed or futuristically proclaimed after the
"crime".
what isn't covered by title VII
Title VII prohibits employment discrimination based on race, color, religion,
sex and national origin.
questions about contracts applying to minors
contracts by minors can be abandoned by either party.

500$ purchases - contract-wise

sale of goods over $500 must be in writing??
strict liability
In law, strict liability is a standard for liability which may exist in either a
criminal or civil context. A rule specifying strict liability makes a person
legally responsible for the damage and loss caused by his or her acts and
omissions regardless of culpability (including fault in criminal law terms,
typically the presence of mens rea). Strict liability is prominent in tort law
(especially product liability), corporations law, and criminal law.
commercial speech
Commercial Speech is speech done on behalf of a company or individual for
the intent of making a profit. It is economic in nature and usually has the
intent of convincing the audience to partake in a particular action, often
purchasing a specific product.
unilateral/bilateral contracts
Contracts may be bilateral or unilateral. A bilateral contract is the kind of
contract that most people think of when they think "contract" and indeed
represents the vast majority of contracts. It is an agreement in which each of
the parties to the contract makes a promise or set of promises to the other
party or parties. For example, in a contract for the sale of a home, the buyer
promises to pay the seller $200,000 in exchange for the seller's promise to
deliver title to the property.
In a unilateral contract, only one party to the contract makes a promise. A
typical example is the reward contract: A promises to pay a reward to B if B
finds A's dog. B is not under an obligation to find A's dog, but A is under an
obligation to pay the reward to B if B does find the dog. The consideration for
the contract here is B's reliance on A's promise or B giving up his legal right
to do whatever he wanted at the time he was engaged in the finding of the
dog.
breach of contract
Breach of contract is a legal cause of action in which a binding agreement or
bargained-for exchange is not honored by one or more of the parties to the
contract by non-performance or interference with the other party's
performance. If the party does not fulfill his contractual promise, or has given
information to the other party that he will not perform his duty as mentioned
in the contract or if by his action and conduct he seems to be unable to
perform the contract, he is said to breach the contract.

puffery
Puffery as a legal term refers to promotional statements and claims that
express subjective rather than objective views, such that no reasonable
person would take them literally.[1] Puffery serves to "puff up" an
exaggerated image of what is being described and is especially featured in
testimonials.
consumer protection
Consumer protection laws are designed to ensure fair trade competition and
the free flow of truthful information in the marketplace. The laws are
designed to prevent businesses that engage in fraud or specified unfair
practices from gaining an advantage over competitors and may provide
additional protection for the weak and those unable to take care of
themselves. Consumer Protection laws are a form of government regulation
which aim to protect the rights of consumers. For example, a government
may require businesses to disclose detailed information about products
particularly in areas where safety or public health is an issue, such as food.
Consumer protection is linked to the idea of "consumer rights" (that
consumers have various rights as consumers), and to the formation of
consumer organizations which help consumers make better choices in the
marketplace.
void, voidable, invaliddifferences betwixt them, etc.
A void contract, also known as a void agreement, is not actually a contract.
A void contract cannot be enforced by law. Void contracts are different from
voidable contracts, which are contracts that may be (but not necessarily
will be) nullified.
procedural v. substantive
Procedural law comprises the rules by which a court hears and determines
what happens in civil lawsuit, criminal or administrative proceedings. The
rules are designed to ensure a fair and consistent application of due process
(in the U.S.) or fundamental justice (in other common law countries) to all
cases that come before a court. The substantive law, which refers to the
actual claims and defenses whose validity is tested through the procedures of
procedural law, is different than procedural law
utilitarianism
Utilitarianism (also: utilism) is the idea that the moral worth of an action is
determined solely by its usefulness in maximizing utility and minimizing
negative utility (utility can be defined as pleasure minus pain, preference
satisfaction, knowledge or other things) as summed among all sentient

beings. It is thus a form of consequentialism, meaning that the moral worth of

an action is determined by its outcome.
civil law v. common law
Civil law, as opposed to criminal law, is the branch of law dealing with
disputes between individuals and/or organizations, in which compensation
may be awarded to the victim. For instance, if a car crash victim claims
damages against the driver for loss or injury sustained in an accident, this will
be a civil law case.[1]
In the common law, civil law is the area of laws and justice that affect the
legal status of individuals. Civil law, in this sense, is usually referred to In the
common law, civil law is the area of laws and justice that affect the legal
status of individuals. Civil law, in this sense, is usually referred to in
comparison to criminal law, which is that body of law involving the state
against individuals (including incorporated organizations) where the state
relies on the power given it by statutory law. Civil law may also be compared
to military law, administrative law and constitutional law (the laws governing
the political and law making process), and international law. Where there are
legal options for causes of action by individuals within any of these areas of
law, it is thereby civil law.

counteroffer, revocation, various responses with contract

third party beneficiary

novation

assignment

concerning how long an offer remains open, what can happen to the offer,
etc.

what would not be considered "the law of the land"

know various constitutional amendments pertaining to biz law

nonconforming goods

venue

administrative remedies

Contracts for the International Sale of Goods