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Preview of Terms
Duty

A person must meet


certain standards of
conduct to protect
others against
unreasonable risks. A
legal obligation
imposed by gen law or
voluntarily imposed by
the creation of a
binding promise.

Right

Legal right is a
correlative of the term
legal duty. A person
has a legal right if,
upon the breach of te
corresponding legal
duty, that person can
secure a remedy in a
judicial proceeding.

Slight neg

the failure to exercise


great care

Ordinary Neg

the failure to use

ordinary care
Gross Neg

failure to exercise even


slight care or willful
and wanton
misconduct or a
conscious disregard
for the safety of others.

Re Ipsa Loquitor

neg imposed on a
defendant based on a
presumption of neg.
The thing speaks for
itself, rebuttable
presumption that a
defendant was neg.

Neg per se

Negligence shown
through the violation
of a statute or
ordinance. or fails to
act

Actual Cause

the element of the tort


of neg that requires
plaintiff show a
cause/effect rltnship.
"But For" test

Proximate Cause

the neg action that is


close to the resulting
injury or damage.

Affirmative defenses

the defendant raises


one of these defenses
after the plaintiff has
shown a prima facie
case of neg.

And 108 more

Description
Exam II

Preview of Terms
Legislative

makes laws

Executive

Enforces/Administers

Laws
Judicial

interprets

Cases

U.S. v. Nixon...Clinton
v. Jones...Bush v. Gore

Constitutional Judicial
Review

Determining whether
laws/actions violate
the Constitution

Judicial Review

Interpreting
(determining the
meaning of) laws

Interstate Commerce

Commerce between
two or more states

The Commerce Clause

"The Congress shall


have power...to
regulate commerce
with foreign Nations,
and among the several
states..."

Interstate Commerce:
Within a State (Cases)

Wickard v.
Filburn...Heart of
Atlanta Motel v. U.S...
Katzenbach v.
McClung

Guidelines for
Interpreting
Constitutional Rights

1. Constitutional rights
are not absolutes
2. Constitutional
issues involve a
weighing process
between competing
policies
3. Constitutional rights
are variable from time
to time
4. Constitutional rights
protect the minority
from the majority

And 20 more

Description
Legal Environment of Business

Preview of Terms
Chapter 1: Law

...

Law influences...

Creation of a
corporation
Liability of owners
for business debts
Responsibilities of an
employer toward
employees
Use of property
owned by business to
produce product
Income taxes a
business must pay
Liability of owners
for business debts
Impact on business
when one owner dies

Law

Rules and Regulations


established by
government and
applied to people in
order for civilization to
exist

3 Categories of Law

Legislative Law
Judicial
Pronouncements
Procedural Law

Legislative Law

These are laws,


including the federal
Constitution and state
constitutions, that
have been past by
legislative bodies

Judicial
Pronouncements

These are legal


statements made by
courts. They can be
interpretations of
statues, or they can be
based on common law
principles that were
created by the courts
decades or centuries
ago.

Procedural Law

Most often this type is


the product of the
legislative branch,
aimed at determining
how lawsuits are
handled in the courts.
These laws include
maters such as the
rules of evidence and
related issues.
- establishes how
litigation is conducted

Substantive Law

Laws that regulate and


control the rights and
duties of persons and
are used to resolve
disputes

Public Law

Includes those bodies


of law that affect the
public generally:
Constitutional Law
Administrative Law
Criminal Law

Constitutional Law

Refers to the rights,


powers, and duties of
federal and state
governments under
the U.S. Constitution
and the constitutions
of the various states

And 142 more

Preview of Terms
Law

Rules & Regulations


established by
government and
applied to people in
order for civilization to
exist

Legislative Law

laws that have been


passed by legislative
bodies

Judicial

these are legal

Pronouncements

statements made by
courts. They can be
interpretations of
statutes, or they can be
based on common law
principles that were
created by the courts
decades or centuries
ago

Procedural Law

Rules of evidence and


laws that establish the
process by which
litigation is conducted

Substantive Law

laws the regulate and


control the rights and
duties of persons and
are used to resolve
disputes

Public Law

incudes those bodies


of law that affect the
public generally.
Public law may be
further divided into
three general
categories

Constitution Law

concern itself with the


rights, powers and
duties of federal and
state governments
under the U.S.
Constitution and the
constitutions of the
various states.

Administrative Law

concerned with the


multitude of
administrative
agencies, such as the
Federal Trade
Commission and the
National Labor
Relations Board

Criminal Law

consist of statues that


forbid certain conduct
as being detrimental to

the welfare of the state


of the people generally
and provide
punishment for their
violation
Private Law

body of law that


pertains to the
relationships between
individuals in an
organized society

And 70 more

Description
Exam 3

Preview of Terms
Tort

*A civil wrong, other than


breach of contract, for
which the law provides a
remedy in the form of a
lawsuit for money damages

person; property;
intangible
interests

A tort involves a direct


interference with a
______, ________, or
___________________

Battery

Someone physically hurts


you without reason

Negligence

Someone is careless and


hurts you. Fault based.
Ex: running a red light and
causing you physical harm

Theft

Taking something that is


not yours

Tortus

Crooked; twisted

Tort liability

You are responsible to pay


for tort that is committed.
Ex: intentional tort,
negligence, strict liability

Intentional Tort

The act was intended. The


same act may be a tort and
a crime. Fault based.
Ex: assault, battery,
defamation, etc.

Strict liability

Says that even if you did


not intend to commit an
act or weren't careless, you
are still liable. No-fault
based.
Ex: When using explosives,
if someone gets hurt, you
are liable even if you were
careful and did not mean to
hurt anyone

money

*Punishment in intentional
torts is _____

And 52 more

Preview of Terms
contracts

a legally enforceable
agreement; are
subjects of agreements

social agreements

courts do not take


cases

unclean hands
doctrine

if you've done
something wrong,
court will not give you
remedy

pre-nups

must be in writing,
signed and in the
presence of 2
witnesses

essentials of a contract

1. agreement
2. obligation

agreement

manifestiation of
mutual assent, by
words or in writing

- the objective theory


of contracts ("meeting
of the minds")
obligation

legal duty, not a moral


or ethical agreement

express (contract)

agreement manifested
in words (oral or
written)

implied (contract)

agreement manifested
by conduct
(ex. dental
appointment)
- must be implied
reasonably

unilateral (contract)

promise for an act; (ex.


reward for lost dog)

And 43 more

Description
Rubinas

Preview of Terms
Jeffrey Skilling

CEO of Enron

Ken Lay

Founder of Enron

Andy Fastow

CFO of Enron

Black Law's Dictionary

A body of rules of
action prescribed by
the controlling
authority, and having
legal binding force

Law

Rules enacted by a
government authority
that govern individuals
and relationships in
society

Public Law

Enacted by an
authorized
government body

Private Law

Enacted by private
individuals
(EX: a lease
agreement)

Criminal Law

Wrongs against society

Civil Law

Wrongs against
individuals

Substantive Law

Defines the rights and


responsibilities

And 32 more

Preview of Terms
Tort

A civil wrong for which


the law provides a
remedy in the form of
a lawsuit for monetary
damages

What are the 3 types of


tort liability?

intentional tort,
negligence, and strict
liability

Assault

-Assault means threat


-Does not involve
touching
-Apparent ability to
carry out the threat is
required

Battery

intentional touching of
another person
without consent or
justification

What are the three


types of consent?

Express, implied, and


informed

Express consent

consent by words

Implied consent

consent by conduct

Informed consent

i.e., medical
procedures

What tort is involved


in spite cases?

abuse of process

Slander

oral defamation

And 25 more

Preview of Terms
do minors have the
right to disaffirm a
contract?

yes

voidable contracts

social or economic
issues. you have to
prove them.

void contracts

illegal activities; ex:


threats, fraud, mutual
promises to marry

death will cause


disillusion of what?

sole proprietorship,
partnership, limited
partnership, llc, llp

what does the ucc


apply to?

tangible, movable sale


of goods

what does common


law apply to?

lease, mortgage,
easement (right to use
property), loan, roof
repair, anything with
real estate,
insurance/employee
contracts

you and a partner


contributed to a truck
to the partnership,
who owns the truck?

no matter whose name


is on the title of the
truck, it is the
PARTNERSHIP that
owns it

someone offers to sell

yes

his car to you on


friday. is this a valid
offer?
when a counteroffer is
made, is there still a
contract?

no
when a counteroffer is
made, there is no
longer a contract

does the mailbox rule


apply to acceptances
or offers?

acceptances

And 21 more

Description
Business Law Final Exam

Preview of Terms

Types of Contracts:
Bilateral

A promise for a
promise

Types of Contracts:
Unilaterl

A promise for an act


"Whoever mows my
lawn by 5:00 gets an
A"

2 areas of application

Common law: Real


Estate and services
UCC: Goods

Deminimis

Is one part minor to


the other part?

Apportionment

Can you apportion all


or part of the bill?
percentage to each
category

Preponderence

Is it mostly a good or
mostly a service?

3 parts to contract:

Offer, Acceptance and


consideration

Under offer, Intent:

At time of offer, you


want to be in contract

Under offer, Content

Identfication of the
parties time for
performance (date)
subject matter of
composed exchange
price I.E. "Paycheck"

Duration of Contract:

The person receiving


the offer must
complete the
acceptance before the
offer expires by the
expiration or
termination by
operation of law, or
acts of the party

And 100 more

Description
These terms are verbatim from the Target Copy from Spring 2013 and include extensive notes

Preview of Terms
No Mens Rea

person is innocent

Insanity

Person is unaware of
their doings

M'Naghten Rule

it is the right/wrong
test that states
whether or not a
person is incapable of
deciding the two due
to mental defects

In a civil case, if the


verdict is 50/50, then

The plaintiff loses

Whom is involved in a
federal case?

USA vs. John Doe

Meaning of
Reasonable Doubt

not a possible,
speculative, or
imaginary doubt. A
reasonable doubt as to
the guilt of the
defendant may arise
from evidence, lack of

evidence, or conflict in
the evidence
In criminal trials, in
order for the
defendant to win,

They must be
completely innocent

Components of Civil
Law

-Wrong against
individual
-Plaintiff vs.
Defendant
-Lawsuit
-"By a Preponderance
of the evidence"
-The person assumes
liability
-Penalty is a fine

Components of
Criminal Law

-Wrong against a
society
-State vs. Defendant
-Prosecution
-"Beyond Reasonable
Doubt"
-The person is guilty
or innocent
-Penalty is fine, jail, or
death

Reardon Case and


Explanation

Reardon robbed a
bank and pleaded not
guilty on the basis of
insanity. He was found
not guilty because the
prescription medicine
he was taking made
him temporarily
insane. He was not
sent to a mental
institution because he
was not a harm to
himself or others at
the time of trial.

And 24 more

Preview of Terms
Tort

is a wrongful act
committed by one

person against another


person or his or her
property - the breach
of a legal duty imposed
by law other than by
contract.
What is the purpose if
tort law?

to compensate
Plaintiffs for their
losses

Types of tort liability

intentional tort, strict


liability, and
negligence

Intentional tort

Based upon the


premise that in a
civilized society one
person should not
intentionally injure
another or his or her
property, and all
persons should
exercise reasonable
care and caution in the
conduct of their
affairs.

Negligence

Failure to do that
which an ordinary,
reasonable, prudent
person would do, or
the doing of some act
that an ordinary,
prudent person would
not do

Strict Liability

Doctrine under which


a party may be
required to respond in
tort damages, without
regard to that party's
fault.

Compensatory
Damages

A sum of money the


court imposes on a
defendant as
compensation for the
plaintiff because the
defendant has injured
the plaintiff by breach

of a legal duty
Economic (Special
Damages)

easily calculated
(medical expenses,
past, present and
future lost wages, loss
of earning capacity,
property

Non-Economic
(General Damages)

Damages for "pain and


suffering."

Punitive Damages

Damages imposed to
punish defendants for
committing
intentional torts and in
some states, in in
negligence if the
defendant's wanton
conduct is "grossly
negligent" (dangerous
negligent conduct) or
actions are "willful and
wanton" and
consciously disregard
the interests of others.

And 14 more

Preview of Terms
Legislative

Makes laws

Executive

Enforces/administers
laws

Judicial

Interprets laws

U.S. v. Nixon

US SUPREME COURT
ruled 9-0 and Nixon
had to give over tapes
and he resigned the
next day

Clinton v. Jones

Bill Clinton was


accused of sexually
harassing one of his
employees SUPREME COURT

made a decision that


he had to take a day or
two off to be
questioned even
though he wanted to
wait
Bush v. Gore

Recount for 2000


election - US
SUPREME COURT
said to stop the
recount

Constitutional Judicial
Review

Determining whether
laws/actions violate
the Constitution

Judicial Review

Interpreting
(determining the
meaning of) laws

INTERstate
Commerce

Commerce between
two or more states

The Commerce Clause

"The Congress shall


have power...to
regulate commerce
with foreign Nations,
and among the several
states..."

And 60 more

Description
Study materials for BUL3310

Preview of Terms

What does the dim inis


test

Is one part of the


contract minor than
the other

Carrier

Look at contract, it will


dictate.
If no description, seller
must get the goods to
the carrier
If it does not specify
then it goes to default

rule where the seller


must get the goods to
the carrier
Uniform Commercial
Code

Covers all goods,


which are considered
moveables. ($500)
Animals, Unborn
Young, oil, gas, crops,
structures to be
removed.

Originality
Requirements of
Copyright

1.Must be an
intellectual endeavor
that is not coped from
others.
2. Exhibit a minimal
amount of creativity

Copyright tests (2)


Section 102

1. Original
2. Fixed in a tangible
medium of expression

Copyright Ownership

-Original
Owner has to be the
author who fixes in a
tangible, medium of
expression and
original
"Work for hire": if you
commission a person,
you own the copyright
not them

Defined Contributory
Plan

Private 401k pension


plan that has strict
guidelines set by
ERISA
-Protected from
creditors
-Can declare
bankruptcy and still be
fine
-The company
matches it

Scope of 2-102
(Requirements under
UCC)

Do parties intend to
contract? Can court
give remedy? If there's

a quantity, it can be
figured out under this
Copyright Defense

The Fair Use Defense:


allows to be used if
they arent trying to
make money off the
specific copyright
1)Purpose and
character of the use
2)Nature of the
copyrighted work
3)amount and
substantiality use in
relation to the whole
4)effect on
market/value of the
work (standpoint on
the negative effect)

Ratification

Occurs when a
principal affirms an
agent's unauthorized
act. Opening a person
mail

And 170 more

Preview of Terms
Employment At-Will
Doctrine

Either party may end


the employment
relationship at any
time for any reason as
long as doing so
doesn't violate the
employment contract
or statute.

Express Agreement of
Employment

An express agreement
of employment for a
set duration of time is
a type of employment
arrangement

Implied Contract
Exception

Occurs where the


employer acts in such
a manner that an
implied contract to
terminate only for

good cause is formed


Tort Exceptions

Some courts have


permitted workers to
sue their employers
under there tort theory
of fraud. Under this
theory an employer
may be held liable for
making false promises
to a prospective
employee if the person
detrimental relies on
the employers
representation by
taking the job

Public Policy

Employees cannot be
fired for filing a
worker's
compensation claim
and specifically for
reporting employer
wrongdoing.
"Whistleblowing"
statutes provide
protecting from
termination for an
employee who reports
alleged wrongdoing by
an employer to a
government agency.

Preview of Terms
Minors and Contracts

A minor generally has


the right to disaffirm
contracts and thus are
voidable at the minor's
option. Minors can
also generally avoid
both executed and
executory contracts for
a reasonable period of
time after majority.

Majority Rule

If a contract is
disaffirmed, the minor
must return
"remaining property"
(if any).

Minority Rule

If a contract is
disaffirmed, the minor
must return ALL
property

Rule with Third-Party


Rights

If a minor sells goods


to an adult, the adult
only obtains a voidable
title to the goods.If a
minor sells his farm to
an adult, who in turn
sells the farm to a
good-faith purchaser
(a buyer who pays
value honestly
believing he or she has
the legal right to
acquire valid title to
the item purchased),
then the minor may
avoid the original
contract and regain
the title to the farm
against the good-faith
purchaser.

Ratification

A contract is ratified
by a minor if the
consideration is
retained for an
unreasonable time
after majority. Some
courts have also found
that ratification can
also result from
acceptance of benefits
incidental to
ownership, such as
rents, dividends, or
interest

Exceptions to
ratification

Some states have


altered this general
rule by statute exceptions include the
purchase of life
insurance and
contracts entered into
with colleges and
universities

Habitual Drunkards

In some states, a court


can adjudge someone
as a habitual
drunkard. If this is the
case, contracts of an
individual that is a
habitual drunkard are
VOID.

Intoxication in Other
Cases

Gives a party the


power of avoidance
only if: 1) he/she is so
intoxicated that
he/she cannot
understand the nature
of the transaction and
2) the other party has
a reason to know that
this is the case.
Contracts entered into
under intoxication are
VOIDABLE, but may
be ratified when the
intoxicated person
regains capacity.

Persons Under
Guardianship

Any contracts of a
person under
guardianship are
VOID and are of no
legal effect.

Contracts of Those
Who Claim Mental
Incompetence

If a person does not


know that a contract is
forming, or is unable
to comprehend the
subject matter of the
contract, its nature,
and probable
consequences, then
the contract is
VOIDABLE.

And 15 more

Preview of Terms
Legislation

Makes Laws
(Congress/state
legislature)

Executive

Enforces/administers
law (governor/admin
agencies/president)

Judicial

Interprets laws
(courts-judges)

US vs Nixon

people broke into


headquarters in
Watergate building
suspicion that
president had
known/approved
wanted tapes but
president said they're
equal and cant have
them. Judicial won
and had the upper
hand of power over
executive.

Clinton vs Jones

File lawsuit but


doesn't want to engage
in litigation until after
president but wanted a
deposition to be
reserved. Supreme
court ruled in favor of
Jones finding the
president subject to
the same laws that
apply to all other
members of our
society.

Bush vs Gore

Fl vote dispute for a


recount- supreme
court decided that no
alternative method
could be established
within the time limit.

Constitutional Judicial
Review

Determining whether
laws/actions violate
the constitution

Judicial Review

Interpreting
(Determining the
meaning) laws

Interstate Commerce

Commerce between 2
states

Commerce clause

power to regulate
commerce with foreign
nations and among
several states
(congress deals with it)

And 58 more

Preview of Terms
Bill of Rights

The first ten


amendments to the
U.S. Constitution.

Checks and Balances

The national
government is
composed of three
separate branches: the
executive, the
legislative, and the
judicial branches.
Each branch of the
government exercises
a check on the actions
of the others.

Commerce Clause

The provision in
Article I, Section 8, of
the U.S. Constitution
that gives Congress the
power to regulate
interstate commerce.

Due Process Clause

The provisions of the


Fifth and Fourteenth
Amendments to the
Constitution that
guarantee that no
person shall be
deprived of life,
liberty, or property
without due process of
law. Similar clauses
are found in most state
constitutions.

Equal Protection

The provision in the

Clause

Fourteenth
Amendment to the
Constitution that
guarantees that no
state will "deny to any
perosn within its
jurisdiction the equal
protection of the laws."
This clause mandates
that state governments
treat similarly situated
individuals in a similar
manner.

Establishment Clause

The provision in the


First Amendment to
the U.S. Constitution
that prohibits
Congress from
creating any law
"respecting an
establishment of
religion."

Federal Form of
Government

A system of
government in which
the states form a union
and the sovereign
power is divided
between a central
government and the
member states.

Filtering Software

A computer program
that includes a pattern
through which data
are passed. When
designed to block
access to certain Web
sites, the pattern
blocks the retrieval of
a site whose URL or
key words are on a list
within the program.

Free Exercise Clause

The provision in the


First Amendment to
the U.S. Constitution
that prohibits
Congress from making
any law "prohibiting

the free exercise" of


religion.
Full Faith and Credit
Clause

A clause in Article IV,


Section I, of the U.S.
Constitution that
provides that "Full
Faith and Credit shall
be given in each State
to the public Acts,
Records, and Judicial
Proceedings of every
other State." The
clause ensures that
rights established
under deeds, wills,
contracts, and the like
in one state will be
honored by the other
states and that any
judicial decision with
respect to such
property rights will be
honored and enforced
in all states.

And 8 more

Preview of Terms
Adjudication

The process of
resolving a dispute by
presenting evidence
and arguments before
a neutral third party
decision maker in a
court or an
administrative law
proceeding.

Administrative Law
Judge

One who presides over


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

Bureaucracy

A large organization
that is structured
heirarchically to carry
out specific functions.

Delegation Doctrine

A doctrine based on
Article I, Section 8, of
the U.S. Constitution,
which has been
construed to allow
Congress to delegate
some of its power to
make and implement
laws to administrative
agencies. The
delegation is
considered to be
proper as long as
Congress sets
standards outlining
the scope of the
agency's authority.

Enabling Legislation

A statute enacted by
Congress that
authorizes the creation
of an administrative
agency and specifies
the name,
composition, purpose,
and powers of the
agency being created.

Final Order

The final decision of


an admin. agency on
an issue. If no appeal
is taken, or if the case
is not reviewed or
considered anew by
the agency
commission, the
admin. law judge's
initial order becomes
the final order of the
agency.

Initial Order

An agency's
disposition in a matter
other than a rule
making. An ALJ's
initial order becomes

the final unless it is


appealed.
Interpretive Rule

A rule that simply


declares a policy or
explains the agency's
position and does not
establish any legal
rights or obligations.

Legislative Rule

A rule that affects


substantive legal rights
and carries the same
weight as a
congressionally
enacted statute.

Notice-and Comment
Rulemaking

A rule-making
procedure that
involves the
publication of a notice
of a proposed rulemaking in the Federal
Register, a comment
period for interested
parties to express their
views on the proposed
rule, and the
publication of the
agency's final rule in
the Federal Register.

Rulemaking

The process
undertaken by an
administrative agency
when formally
adopting a new
regulation or
amending an old one.
It involves notifying
the public of a
proposed rule or
change and receiving
and considering the
public's comments.

Preview of Terms
Acceptance

In contract law, the


offeree's notification to

the offeror that the


offeree agrees to be
bound by the terms of
the offeror's proposal.
Adhesion Contract

A "standard-form"
contract, such as that
between a large
retailer and a
consumer, in which
the stronger party
dictates the terms.

Agreement

A meeting of two or
more minds in regard
to the terms of a
contract.

Assignment

The act of transferring


to another all or part
of one's rights arising
under a contract.

Bilateral Contract

A type of contract that


arises when a promise
is given in exchange
for a return promise.

Consideration

The value given in


return for a promise or
a performance.

Contract

An agreement that can


be enforced in court;
formed by two or more
parties, each of whom
agrees to perform or to
refrain from
performing some act
now or in the future.

Contractual Capacity

The threshold mental


capacity required by
the law for a party who
enters into a contract
to be bound by that
contract.

Counteroffer

An offeree's response
to an offer in which the

offeree rejects the


original offer and at
the same time makes a
new offer.
Covenant Not to
Compete

A contractual promise
to refrain from
competing with
another party for a
certain period of time
and within another
party for a certain
period of time and
within a certain
geographic area.

And 22 more

Preview of Terms
Anticipatory
Repudiation

An assertion or action
by a party indicating
that he or she will not
perform an obligation
that the party is
contractually obligated
to perform at a future
time.

Breach of Contract

The failure, without


legal excuse, orf a
promisor to perform
the obligations of a
contract.

Commercial
Impracticability

A doctrine under
which a seller may be
excused from
performing a contract
when a contingency
occurs, the
contingency's
occurrence makes
performance
impracticable, and the
nonoccurrence of the
contingency was a
basic assumption on
which the contract was
made.

Compensatory
Damages

A money award
equivalent to the
actual value of injuries
or damages sustained
by the aggrieved party.

Condition

A possible future
event, the occurence or
nonoccurrence of
which will trigger the
performance of a legal
obligation or
terminate an existing
obligation under a
contract.

Consequential
Damages

Special damages that


compensate for a loss
that is not direct or
immediate. The
damages must have
been reasonably
forseeable at the time
the breach or injury
occured in order for
the plaintiff to collect
them.

Discharge

The termination of an
obligation. It occurs
when the parties have
fully performed their
contractual obligations
or when events,
conduct of parties, or
operation of the law
releases the parties
from performance.

Discharge in
Bankruptcy

The release of a debtor


from all debts that are
provable, except those
specifically excepted
from discharge by
statute.

Frustration of Purpose

A court-created
doctrine under which a
party to a contract will
be relieved of his or
her duty to perform

when the objective


purpose for
performance no longer
exists.
Impossibility of
Performance

A doctrine under
which a party to a
contract is relieved of
his or her duty to
perform when
performance becomes
impossible or totally
impracticable.

And 12 more

Preview of Terms
Browse Wrap Terms

Terms and conditions


of use that are
presented to an
internet user at the
time certain products
are being downloaded
but that need not be
agreed to before being
able to install or use
the product.

Choice of Law Clause

A clause in a contract
designating the law
that will govern the
contract.

Click On Agreement

An agreement that
arises when a buyer
indicates his or her
assent to be bound by
the terms of an offer
by clicking on a button
that says, for example,
"I agree."

Conforming Goods

Goods that conform to


contract specifications.

Cover

A buyer or lessee's
purchase on the open
market of goods to
substitute for those

promised but never


delivered by the seller.
Under the UCC, if the
cost of cover exceeds
the cost of the contract
goods, the buyer or
lessee can recover the
difference, plus
incidental and
consequential
damages.
Cure

Under the UCC, the


right of a party who
tenders
nonconforming
performance to correct
his or her performance
within the contract
period.

Destination Contract

A contract in which
the seller is required to
ship the goods by
carrier and deliver
them at a particular
destination. The seller
assumes liability fro
any losses or damage
to the goods until they
are tendered at the
destination specified
in the contract.

Document of Title

Paper exchanged in
the regular course of
business that
evidences the right to
possession of goods.

E-Contract

A contract entered into


the cyberspace and is
evidenced only by
electronic impulses
rather than a
typewritten form.

E-Signature

An electronic sound,
symbol, or process
attached to or logically
associated with a

record and executed or


adopted by a person
with the intent to sign
the record.
And 23 more

Preview of Terms
Certification Mark

A mark used by one or


more persons, other
than the owner, to
certify the region,
materials, mode of
manufacture, quality,
or accuracy of the
owner's goods or
services.

Cloud Computing

The delivery of users


of on-demand services
from third party
servers over a network.
It is a delivery model.

Collective Mark

A mark used by
members of a co-op,
association, or other
organization to certify
the region, materials,
mode of manufacture,
quality, or accuracy of
the specific goods or
services.

Copyright

The exclusive right of


authors to publish,
print, or sell an
intellectual production
for a statutory period
of time.

Cyber Mark

A trademark in
cyberspace.

Cyber Squatting

The act of registering a


domain name that is
the same as, or
confusingly similar to,
the trademark of

another and then


offering to sell that
domain name back to
the trademark owner.
Dilution

A doctrine under
which distinctive or
famous trademarks are
protected from certain
unauthorized uses of
the marks regardless
of a showing of
competition or a
likelihood of
confusion.

Distributed Network

A network that can be


used by persons
located around the
country or the globe to
share computer files.

Domain Name

The series of letters


and symbols used to
identify site operators
on the internet.

Intellectual Property

Property resulting
from intellectual,
creative processes.
Patents, trademarks,
and copyrights.

And 8 more

Preview of Terms
Agency

A relationship between
two parties in which
one party agrees to
represent or act on
behalf of the other.

Apparent Authority

Authority that is only


apparent, not real. A
person may be deemed
to have had the power
to act as an agent for
another party if the
other party's

manifestations to a
third party led the
third party to believe
that an agency existed
when it did not.
Disclosed Principal

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

E-Agent

A computer program,
electronic, or other
automated means used
to perform specific
tasks without review
by an individual.

Equal Dignity Rule

A rule stating that


express authority
given to an agent must
be in writing if the
contract to be made on
behalf of the principal
is required to be in
writing.

Express Authority

Authority expressly
given by one party to
another.

Fiduciary

A person having a duty


created by his or her
undertaking to act
primarily for another's
benefit in matters
connected with the
undertaking.

Implied Authority

Authority not created


by an explicit oral or
written agreement but
by implication.

Independent
Contractor

One who works for,


and receives payment
from, an employer but
whose working

conditions and
methods are not
controlled by the
employer.
Notary Public

A public official
authorized to attest to
the authenticity of
signatures.

And 6 more

Preview of Terms
Employment at Will

A CL doctrine under
which either party may
terminate an
employment
relationship at any
time for any reason,
unless a contract
specifies otherwise.

Minimum Wage

The lowest wage,


either by government
regulation or union
contract, that an
employer may pay an
hourly worker.

Vesting

Under ERISA, a
pension plan becomes
vested when an
employee has a legal
right to the benefits
purchased with the
employer's
contributions, even if
the employee is no
longer working for this
employer.

Whistleblowing

An employee's
disclosure to govt, the
press, or upper mgmt
authorities that the
employer is engaged in
unsafe or illegal
activities.

Worker's Comp Laws

State statutes
establishing an admin
procedure for
compensating workers'
injuries that arise out
of their employment,
regardless of fault.

Wrongful Discharge

An employer's
termination of an
employee's
employment in
violation of an
employment contract
or laws that protect
employees.

Preview of Terms
Affirmative Action

Job-hiring policies
that give special
consideration to
members of protected
classes in an effort to
overcome present
effects of past
discrimination.

Bona Fide
Occupational
Qualification

Identifiable
characteristics
reasonably necessary
to the normal
operation of a
particular business.
These include gender,
national origin, and
religion, but not race.

Business Necessity

A defense to
allegations of
employment
discrimination in
which the employer
demonstrates that an
employment practice
that discriminates
against members of a
protected class is
related to job
performance.

Constructive
Discharge

A termination of
employment brought
about by making an
employee's working
conditions so
intolerable that the
employee reasonably
feels compelled to
leave.

Disparate-Impact
Discrimination

A form of employment
discrimination that
results from certain
employer practices or
procedures that have a
discriminatory effect
even if not
discriminatory on
their face.

Disparate-Treatment
Discrimination

A form of employment
discrimination that
results when an
employer intentionally
discriminates against
employees who are
members of protected
classes.

Employment
Discrimination

Treating employees or
job applicants
unequally on the basis
of race, gender, color,
national origin,
religion, age, or
disability; prohibited
by federal statutes.

Prima Facie Case

A case in which the


plaintiff has produced
sufficient evidence of
his or her conclusion
that the case can go to
a jury; a case in which
the evidence compels
the plaintiff's
conclusion if the
defendant produces no
evidence to disprove it.

Protected Class

A class of persons with

identifiable
characteristics who
historically have been
victimized by
discriminatory
treatment for certain
purposes.
Seniority System

A system in which
those who have
worked longest for the
company are first in
line for promotions,
salary increases, and
other benefits; they are
also the last to be laid
off if the workforce
must be reduced.

And 2 more

Preview of Terms
Authorization Card

A card signed by an
employee that gives a
union permission to
act on his/her behalf
in negotiations with
management.

Cease-and-Decist
Order

An admin or judicial
order prohibiting a
person or business
firm from conducting
activities that an
agency or court has
deemed illegal.

Closed Shop

A firm that requires


union membership by
its workers as a
condition of
employment.

Collective Bargaining

The process by which


labor and
management negotiate
the terms and
conditions of
employment,

including working
hours and workplace
conditions.
Hot-Cargo Agreement

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

I-551 Alien
Registration Reciept

Proof that a noncitizen


has obtained
permanent residency
in the U.S.; the socalled green card.

I-9 Verification

A form from the Dept.


of Homeland Security,
U.S. Citizenship and
Immigration Services,
used for employment
elligibility verification.

Lockout

Occurs when an
employer shuts down
to prevent employees
from working. This is
done when the
employer believes a
strike is imminent.

No-Strike Clause

The previous collective


bargaining agreement
between a union and
an employer may have
contained a clause in
which the union
agreed not to strike.

Right-to-Work Law

A state law providing


that employees are not
to be required to join a
union as a condition of
obtaining or retaining
employment.

And 5 more

Preview of Terms
Trademarks and
Trademark Dilution:

Trademarks are source


indicators and must be
distinctive. ex
"starbucks" "Kermit
the frog"

The Lanham Act

protects trademarks at
the federal statutory
level.

Types of trademarks

service marks,
certification marks
and collective marks.

Service marks

trademark that is used


to distinguish the
services (rather than
the products) of one
person or company
from those of another.
ex "Delta"

Certification marks:

Used by one or more


persons, other than
the owner, to certify
the region, materials,
mode of manufacture,
quality, or other
characteristics of
specific goods or
services. ex "Good
housekeeping Seal of
Approval"

Collective Marks

Mark used by
members of a
cooperative,
association, or other
organization. ex
"fraternity"

Copyright Law

Protects original work


that is "fixed" in a
durable medium of
expression. Copyrights
are given for the life of
the author plus 70
years for works

created after January


1, 1978.
ex musicians and
autors
Fair Use Exception

In some cases,
individuals or
organizations can
produce copyrighted
works without paying
royalties to the
copyright holder.
ex song periods "black
and yellow" to "garnet
and gold"

principle of Comity

Principle where one


nation will defer and
give effect to the laws
and judicial decrees of
another country as
long as they are
consistent with the law
and policy of the
accomodating nation.

Act of state doctrine

Provides that the


judicial branch of one
country will not
examine the validity of
public acts committed
by a recognized foreign
government within the
latter's own territory.

And 69 more

Preview of Terms
Trial Stage

1. Plaintiff
2. Defendant
4. Third- Party
Defendant

Appeal Stage

1. Appellant
2. Appellee

Joinder Rule

All persons may join in


one lawsuit as
plaintiffs if the cause

of action arises out of


the same transaction
or series of
transactions and
involve common
questions of law and
fact. In addition,
additional parties may
be added by the
Plaintiff and
Defendant who are
necessary to a
complete
determination of the
lawsuit.
Standing to Sue

1. Plaintiff must have


been or will be directly
and personally injured
by the Defendant's
action.
2. There must be some
threatened or actual
injury resulting from
the Defendant's action.
3. Generalized
Grievances

Generalized
Grievances

Harm alone does not


typically grant
standing to sue!

Class Action Suits

Person files suit on his


or her own behalf and
on behalf of all
persons who may have
a similar claim.

Class Action Suits


Requirements

A) Numerosity
B) Typicality
C) Commonality
D) Adequacy

Jurisdiction types

1. Subject Matter
2. Personal
Jurisdiction

Subject Matter
Jurisdiction

The ability of a court


to resolve a
controversy between

parties.
Three types of Subject
Matter Jurisdiction in
Federal Court.

1. Federal Question
2. Diversity
3. U.S. Government is
a party.

And 22 more

Preview of Terms
Classification of Law

1.
Substantive/Procedural
2. Criminal/Civil
3. Public/Private

Substantive Law

Classification of law
that creates, defines,
and regulates parties'
rights, duties, and
powers.

Procedural Law

Classification of law
that prescribes the
steps or processes, for
enforcing the right and
duties defined by
substantive law.

Criminal Law

Applies to acts that


society deems so
harmful to the public
welfare that
government is
responsible for
prosecuting and
punishing the
perpetrators.

Civil Law

Classification of law
that applies to legal
matters not governed
by criminal law and
that protect rights and
provide remedies for
breaches of duties
owed to others.

Public Law

Bodies of law that

affect the public


generally.
Examples of Public
Law

1. Constitutional Law
2. Administrative Law
3. Criminal Law

Private Law

Law that pertains to the


relationships between
individuals in an
organized society.

Examples of Private
Law

1. Contracts
2. Torts
3. Property

Sources of Law

Common Law and Civil


Law.

And 111 more

Preview of Terms
CHAPTER 1

CHAPTER 1

Substantive Law

laws that regulate and


control the rights and
duties of persons and
are used to resolve
disputes.

Procedural Law

Laws that establish the


process by which
litigation is conducted

Common Law

That body of law


deriving from judicial
decisions

Civil Law

a system of law based


on legislation or case
as in the European
system of codified law.

Separation of Powers

The doctrine that the


legislative, executive,
and judicial branches
of government

function
independently of one
another and that each
branch serves as a
check on the others
Judicial Review

the power of courts to


declare laws and
executive actions
unconstitutional

Statute

a law passed by
congress or the
legislative body of a
state

Ordinance

Generally speaking,
the legislative act of a
municipality (A city
council is a legislative
body, and it passes
ordinances that are the
laws of the city.)

Code

A collection or
compilation of the
statutes passed by a
legislative body on a
particular subject

And 31 more

Preview of Terms
Malum in Se

Crimes that are wrong


by nature (ex: murder,
rape)

Malum Prohibitum

Crimes that are


created by legislature
(ex: bribes, gambling)

Prosecution

the criminal
proceedings

Prosecutor

the attorney who


represents the people

Burden of Proof

criminal cases require

it must be beyond a
reasonable doubt
Treason

Levying way against


US or "aid and
comfort" to enemy

Felonies

Crimes punishable by
incarceration for more
than 1 year

Misdemeanors

Crimes punishable by
short imprisonment
(less than 1 year) in
local jail

Typical Felonies

aggravated assault,
arson, bribery,
burglary,
embezzlement,
forgery, kidnapping,
larceny (grand),
manslaughter,
mayhem, murder,
price fixing

Typical Misdemeanors

Simple assault,
disorderly conduct,
gambling, larceny
(petty), prostitution
(1st time offense),
public disturbance,
trespass

And 49 more

Preview of Terms
Justicable

Whether or not the


court can hear the
case.

What makes a case


justicable?

Ripeness - an actual
immediate threat of
harm, like
incarceration,
abortion, or the death
penalty.
Abstention - some

undecided state laws


that need to be figured
out before we can get
to the constitutional
questions.
Mootness - if their
decision was moot or
would be moot, it
doesn't belong in the
supreme court.
Political Questions you won't get the
answer first, the
decision before the
question.
Standing - some kind
of harm that is
redressable
Separation of Powers

Executive branch handles foreign


policies
Legislative branch makes the laws
Judicial branch interprets the laws

Innumerated Rights of
Congress

Tax and Spend Clause


- congress is given the
right to levy and raise
taxes and spend it as
they see fit. (who, how,
why people get taxed)
Commerce Clause congress reserves the
right to regulate
foreign aid and
interstate commerce

Preemption

if the federal
government has a law,
it is superior to the
state law (Ex:
homestead exemption
in bankruptcy law)

Dormant Commerce
Clause

when congress is
silent, the states can
regulate if it is nondiscriminatory against
state interests, and it

passes the less


restrictive means test
(whether or not it is
the best/easiest way),
whether it creates an
undo burden, must
pass the balance test state interests versus
interstate commerce
Privileges and
Immunities Clause

Does not apply to


corporations or aliens,
a person from one
state cannot be
discriminated against
based on economic
rights. Ensures when
you go to another state
you can be treated
medically despite your
insurance

Types of Freedom of
Speech Exceptions

Commercial situations that can be


misleading or
abdicates something
illegal
Political - protected
even if it is misleading
or abdicates
something illegal,
most likely protesting
a law
Obscenity - can be
banned, hard to figure
out, I'll know it when I
see it but I can't
describe it

Restricting Freedom of
Speech

Vagueness - you must


be specific if you're
going to ban
something
Overbreadth - you
can't go beyond what
is necessary

Prior Restraint Restricting Freedom of


Speech

Any restriction in
advance of
publication. Can be
content based - the

government cares
about what you're
saying, must pass the
strict scrutiny test. Can
be content neutral,
where the government
doesn't care about
what you're saying but
has a problem with the
time an location and
the manner
And 60 more

Description
FSU bul3310

Preview of Terms
2 types of prior
restraint

Content neutral, and


License

The 3 types of speech

commercial, political,
obscenity

Commercial speech

can be suppressed if it
is false or misleading

political speech

cannot be suppressed
even if it is misleading,
false, or illegal

Obscenity speech

Can be suppressed
know it when you see
it

prior restraint

any government
restriction in advance
of publication

Content Neutral

when the government


doesn't care about
what you say and do

License

When the government


looks at what you're
going to say

Establishment Clause

the government

cannot promote one


religion over another
Free exercise clause

gives you the right to


promote any religion
as you see fit

smith test

the motivation of the


law to interfere with
religion (you cannot
smoke peyote just
because it is your
religion)

Description
fsu bul3310

Preview of Terms
during Rule making
________ must take
place

Notice and comment

the three functions of


administrative
agencies

Rule making,
enforcement,
adjudication

enabling a legislation

Name, Give it a
purpose, give it
functions, give it
powers

Enforcement

on site inspections,
subpoena of
documents, execution
of search warrants

Adjudication

the process of
resolving a dispute by
presenting evidence
and arguments before
a neutral third party
decision maker in a
court or an
administrative law
preceding (often when
suing a business)

federal always trumps

congress enacts a

state

federal statute with


intent to preempt state
law, conflict between
federal and state law,
compliance with both
is impossible, federal
law contains a barrier
to state regulations,
congress legislation
occupies the entire
field, state law is an
obstacle

Description
criminal law

Preview of Terms
Miranda rights must
be read inbetween

custody and
Interrogation

5th amendment

privilege against self


incrimination

Actus Reus

the guilty act (pulling


the trigger)

Mens Rea

the guilty mind

Three types of
causation

Hastening the intent,


Transferred intent,
Intervening acts of a
3rd person

Felonies

1 years or more of
prison time. is based
on the statute

Misdemeanor

1 year or less or a fine

Burden of Proof

beyond a reasonable
doubt (dead sure the
person did it)

Exclusionary rule

makes evidence
obtained illegally
invalid in court.

Standing to sue

the requirement that

an individual must
have a sufficient stake
in a controversy before
he or she can bring a
lawsuit. The plaintiff
must demonstrate that
he or she either has
been injured or
threatened with injury
And 5 more

Description
strict and product liability

Preview of Terms
Strict liability

Liability regardless of
fault

chattles

anything that is yours


but not land

animals wild

you are completely


liable for at all times

animals domestic

the one bite rule

foreign natural test

foods must be
wholesome and free of
foreign objects

reasonable expectation
test

what is reasonably
expected by the
consumer in the food
as served, not what
might be natural to the
ingredients of that
food prior to
preparation

Preview of Terms
Constitutional
Balancing Tests

If a right is being
impacted by STATE
ACTION (ex. Freedom
of Speech) then a court
must balance the
interests served by the

federal or state statue


and the nature of the
right that is being
denied
Strict Scrutiny

Action NECESSARILY
RELATES to a
compelling state
interest. Normally
results in government
action begin
UNCONSTITUTIONAL.
Ex. Laws restricting the
right to vote and right
to engage in interstate
commerce. Any law that
may discriminate based
on race, color, or
ethnicity

Intermediate
Scrutiny

Action
SUBSTANTIALLY
relates to an important
state interest. Results
are mixed. Proposed
laws which may
discriminate on basis of
sex or gender as well as
restrictions on
commercial speech.

Rational Basis

Action REASONABLY
relates to a legitimate
state intrest. Usually
results in it being
constitutional.
Proposed laws which
relate to economic
regulation.

1st Amendment

Freedom of Speech

Freedom of Speech

Not Absolute (Ex.


Cannot yell "Fire" in a
movie theater

Political Speech

government must show


a compelling
governmental purpose
for restrict political
speech. Strict Scrutiny

test is applied.
Commercial Speech

Government must
show:
1. Further a substantial
governmental interest
2. the restriction
directly advances that
interest
3. the restriction is no
more extensive than
necessary.
Intermediate Scrutiny
test is applied.

"Congress shall make


no law respecting an
establishment of
religion, or
prohibiting the free
exercise thereof."

1st Amendment

Free Exercise Clause

Prohibits the
government from
punishing someone on
the basis of their
religious beliefs

And 28 more

Preview of Terms
Federal form of
government

The states form a


union and sovereign
power is divided
between a central
authority and the
states

Relation between state


and federal powers

Neither the national


government nor a state
government is
superior to the other
except for within areas
of the constitution

Police powers

The states hold the


right to regulate
private activities to
protect or promote the

public order, health,


safety, morals, and
general welfare
The privileges and
immunities clause

Each state must


provide the citizens of
other states the same
privileges and
immunities it provides
its own citizens

Full faith and credit


clause

Property and contract


rights established by
law in one state must
be honored by other
states

Separation of national
powers

Legislative branch
makes the laws,
executive branch
enforces them, and
judicial branch
interprets them

The commerce clause

The constitution gives


congress power to
regulate commerce
among the states,
today the national
government can
regulate every
commercial enterprise
in the US

The "dormant"
commerce clause

When state laws


impinge on interstate
commerce, courts
balance the state's
interest in regulating a
certain matter against
the burden on
interstate commerce

When federal and state


laws are in direct
conflict

The state law is


rendered invalid

Federal preemption

The federal law takes


precedence over a
state law on the same

subject
And 151 more

Preview of Terms
standard of review

-Immediate scrutiny
-Falls within the
protection of the first
amendment

Legal limitations on
commercial speech

Don't market to
children. The
government had a
substantial say in
selling a product and
the speech of product.

Political speech

Subject to strict
scrutiny

Commercial speech

- Consists of
communications primarily advertising
and marketing - made
by business firms that
involve only their
commercial interests.
o Government cannot
regulate on content
but it can regulate the
1.) Time, 2.) Place, 3.)
and manner of speech
o The protection given
to commercial speech
under the 1st
amendment is less
extensive than that
afforded to
noncommercial speech
o A restriction on
commercial speech
will be considered
valid as long as it
meets three criteria:
1. It must seek to
implement a
substantial
government interest
2. It must directly

advance that interest


3. It must go no
further to accomplish
its objective
Equal protection
clause

- The provision in the


14th amendment in
the Constitution that
guarantees that no
state will "deny to any
person within its
jurisdiction the equal
protection of laws." If
the government wants
to treat you differently
they have to have a
valid reason, but it
mandates that the
state governments
treat similarly situated
individuals in a similar
manner.
- (Example:
Koramatsu soldiers
were treated
differently because of
the way they looked)
- Has to go through
intermediate scrutiny where regulation is
substantially related to
the interest

Due process

The provisions of the


5th and 14th
amendments to the
Constitution that
guarantee that no
person shall be
deprived of life,
liberty, or property
without due process of
laws. State must
respect all of the legal
rights that are owed to
a person
It comes from the 5th
amendment and the
14th amendment.
o The 5th amendment
deals with procedural
law

o The 14th amendment


deals with substantive
law
Procedural due
process

you get the charges,


reasonable hearings,
and an opportunity to
appeal the decision

Substantive law

Rules that define the


manner in which the
rights and duties of
individuals come with
respect to each other.
-Government weighs
interests in the rights
of the individual
-Government has to
show compelling
interest, take action ,
and carry out a
rational-relationship
test

Procedural Law

-Rules that define the


manner in which the
rights and duties of
individuals may be
enforced.
-Get notice of the
charges, reasonable
hearing, and an
opportunity to appeal
decision

6 Warrant exceptions

-Stop and frisk (known


as a terry stop)
-Search incident to
arrest
-Consent (search your
car, you can say yes or
no)
-Plain view/sight (if
the officer goes into
your house and sees
marijuana in the open)
-Automobile (since
they can disappear
quickly)
-Hot
pursuit/disappearing

evidence (if they hear


you flushing drugs
down the toilet, you're
trying to get rid of the
evidence)
And 69 more

Preview of Terms
equal employment
opportunity
commission

created by congress to
administer the
provisions of title vii,
and to investigate
allegations of
discrimination in the
workplace and to
enforce title vii

disparate treatment

discrimination that is
conscious and
intentional

disparate impact

(unintentional
discrimination) the
idea behind this type
of discrimination is
that an employer uses
an employment
practice that has a
disproportionately
adverse effect on one
of the groups
protected by title vii

prima facie case

complaining party
must show a
discriminatory effect
of a specific
employment practice.

4/5 rule

under this rule, if the


selection rate for
members in a
protected class is less
than 4/5th the
selection rate for those
in the majority, there
is evidence of
disparate impact

constructive discharge

title vii violaton where


an employer causes
the employee's
working conditions to
be so intolerable that a
reasonable person in
the employee's
position would feel
compelled to quit

business necessity

the qualification is
necessary for a worker
to perform a job at the
required level of
competence

bona fide occupational


qualification

where a particular trait


is essential to a job
(race, color, and
national origin can
never be BFOQ)

religious
discrimination

title vii prohibits an


employer from
discriminating based
on an individual's
religious beliefs,
practices, and
observances

adea act of 1967

protects against
discrimination against
applicants and
employees who are at
least 40 year of age

And 6 more

Preview of Terms
contract

legally binding
agreement between 2
or more parties who
agree to perform or to
refrain from
performing some act
now or in the future

offeror

person who gives the


offer

offeree

person who receives


the offer

offer

promise or
commitment to do or
refrain from doing
some specified action
in the future

preliminary
negotiations

offers must be
distinguished from
preliminary
negotiations they are
NOT offers

advertisements

as a general rule,
advertisements are
NOT offers, unless the
offer contains a
definite promise of
something in exchange
for something else and
offers a power of
acceptance upon a
specified person or a
class of persons

social invitations

if a person receives a
social invitation, and
the social event is
canceled, then the
recipient of the
invitation has no legal
remedy

revocation

an offeror may revoke


the offer at any time
before the offer
accepts

acceptance

voluntary act by the


offeree that shows
assent (agreement) to
the terms of an offer

silence as acceptance

the general rule is that


mere silence of the
offer does not amount
to acceptance of an
offer

And 19 more

Preview of Terms
Susy is the CEO of a C
corporation that is in
serious need of capital.
Which of the following
is a way for the
corporation to raise
capital?

A) Sell common stock


B) Sell preferred stock
C) Sell bonds in the
corporation
D) All of the above

Common stock refers


to stock that generally
gives the stockholder
priority over preferred
stockholders.

False

Ned is the director of


All Metals
Corporation. All
Metals has entered
into a contract with
Allied Fabricators to
have a prototype built.
Ned is a shareholder of
Allied Fabricators.
Ned has duty to
disclose his
relationship with
Allied Fabricators to
All Metals and vice
versa.

True

Joe and Doug have


started an internet
retail business
together. They have
both pooled their
money and time in
developing and
creating the business
and it's website. The
type of business Joe
and Doug have created
is a sole
proprietorship.

False

Suzy and Amy would

A) A limited liability

Answer: D) All of the


above

like to start an ebusiness selling


handbags and shoes.
They would like to be
protected from
personal liability and
also would like the tax
advantage of paying
company taxes as
individuals rather than
paying corporate
taxes. What type of
business entity should
they form?

company that is
treated as a
partnership.
B) A limited liability
company that is
treated as a regular
corporation.
C) A subchapter S
corporation
D) Either A or C

Which of the following


is a factor to be
considered in
determining the type
of business form to
choose?

A) Ease of creation
B) The liability of the
owners
C) Tax considerations
D) The need for capital
E) All of the above

Answer: D) Either A or
C

Answer: E) All of the


above
Joe and Sam entered
into a contract.
Pursuant to the
contract Joe was to fix
Sam's roof and Sam
was to pay Joe
$500.00. Joe fixed the
roof, but, Sam never
paid the $500.00. Joe
want's his money but
doesn't want to file
suit against Sam. What
can Joe and Sam do
instead?

A) Mediate the matter


B) Seek arbitration
C) Attemp negotiation
D) All of the above

Joe agreed to pay


$50.00 per credit hour
as tuition to attend
school at a local
university. When it
came time to actually
pay, Joe failed to do
so. Which of the
following best defines
Joe's action in not
paying his tuition?

Joe is in breach of his


agreement with the
university.

Answer: D) All of the


above

Which of the following


contracts must be in
writing to be
enforceable?

A contract for the


purchase of a house.

Business ethics is
important to the
ongoing viability of
any corporation.

True

Preview of Terms
*Agency Law

A legal, consensual
relationship that exists
when one party, the
agent, acts on behalf of
another party, the
principal.

Disclosed Principal

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

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.
-An example would be
a situation where a
wealthy
individual/principal
may not want a third
party to know they are
interested in a land
purchase, so the
wealthy
individual/principal
works through the
agent.

Partially Disclosed
Principal

Where a third party


knows an agent
represents a principal,
but does not know the
identity of the
principal.

Agency relationship is
a _____ one.

Fiduciary

Fiduciary Relationship

A relationship of trust
and confidence. Other
relationships outside
of agency are fiduciary
in character, including
priest - penitent,
doctor - patient and
attorney - client.

Respondeat Superior
Rule

Rule: An employer is
liable to third persons
for the torts
committed by
employees within the
scope of their
employment and in
prosecution of the
employer's business.
The question often
arises as to whether
the employee was
working within the
scope of his/her
employment or not.
The question is a
question of fact to be
decided by the jury.

*Employment Law

Large area of law


which covers all of the
aspects of the
employer and
employee relationship;
consists of thousands
of laws; includes many
laws enacted to protect
workers

Employment At-Will
Doctrine

Employee can quit at


any time for any

reason, and the


employer can
terminate the
employee at any time
for any reason (unless
violating a contract or
statute)
Pay and Benefits

compensation

And 86 more

Preview of Terms
What does a copyright
provide the owner of
an idea with?

The right to reproduce


the work, to adapt the
work, to distribute
copies, perform the
work, and/or display
the work publicly

What is a derivative
work?

A work based on one


or more preexisting
works that is recast
(allocated),
transformed, or
adapted

What does it mean for


an invention to be
non-obvious?

There must be no prior


art and the differences
must not be
incremental, radical
(wide-ranging), or a
combination

What was established


in US Constitution
Article 1 Section 8?

A framework was
established for the
patent and copyright
system, trademarks,
and are strictly federal
law

What are the three


steps of knowledge
flow?

Intellectual Capital,
Intellectual Assets,
Intellectual property

What is intellectual
capital?

What presides in
peoples minds, skills,
training, experience,

corporate memory,
etc.
What are considered
intellectual assets?

Prototypes,
documents, ideas,
memos, drawings,
programs

What is intellectual
property?

The legal rights that


provide a company
with the ability to
exclude others and to
collect fees from that
knowledge

Who governs trade


secrets?

Uniform Trade Secret


Act (UTSA)

What defines a trade


secret?

Information, including
a formula, pattern,
compilation, program,
device, or process that
derives independent
economic value that is
unknown to the
general public

And 42 more

Preview of Terms
What is the Equal
Employment
Opportunities
Commission (EEOC)?

The federal
government agency
mandated to monitor
compliance with and
enforce Title VII (7) of
the Civil Rights of
1964 and other federal
civil rights laws.

What are the details of


the Equal Employment
Opportunities
Commission (EEOC)?

-You are not given the


right to sue on your
own
-In a civil rights
situation, the EEOC
has the rights to sue,
not you personally
-They have the right
under the law to
pursue any legal action

and to administrate
this particular area of
the law
-You have to first go
see them and tell them
your case. They are
there to listen to your
case. Then they make a
decision on your case
-Option 1 is they
decide to not take your
case. If this happens,
they will issue you a
right to sue letter. This
letter says that the
EEOC decided not to
sue your case, but they
are going to give you
the right to sue. Now
an attorney will vest
into your case and sue.
The attorney cannot
help you or move
forward without this
letter
-Option 2 is they
decide to take your
case. When the EEOC
wins, you get the
benefits but the
government pays the
tab for the expenses.
This is a great option
because you have the
government on your
side and you make out
very well
What are the two legal
theories that are used
in a civil rights
discrimination case?

-Disparate Treatment:
The plaintiff claiming
such treatment must
prove that his
employer intentionally
discriminated against
him by denying
employment, a benefit,
or privilege (bonus,
promotion) because of
**race, religion,
sex, or national
origin**

-Disparate Impact:
Occurs when you have
a lawsuit that
challenges the testing
and other procedures
that systematically
excludes protected
class members from
certain jobs
What is Disparate
Treatment?

The plaintiff claiming


such treatment must
prove that his
employer intentionally
discriminated against
him by denying
employment, a benefit,
or privilege (bonus,
promotion) because of
**race, religion,
sex, or national
origin**
- ^ These are the only
four categories that are
covered at this point in
time
-In order to win one of
those cases you must
have two parts:
1. The US systematic
proof test has to be
done and satisfied.
You have to be a
member of the class of
persons under Title 7
(If you're a male, you
have to be filing as a
male)
2. You also have to be
denied a position or a
benefit sought that you
were qualified and
available for

What is Disparate
Impact?

Occurs when you have


a lawsuit that
challenges the testing
and other procedures
that systematically
excludes protected
class members from
certain jobs

-Disparate Impact
would be if you make a
weight lifting limit for
firefighters. Or
requiring a picture on
an application to see
the color of skin
-Under this situation,
you as the victim do
not have to prove that
this was intentional.
This situation just kind
of happens. It could be
intentional, but you do
not have to prove that
-The plaintiff must
demonstrate the
employment practice,
policy, or rule, caused
statistical
disproportion between
different groups.
*Must do the math to
prove these cases
What are the two main
statutory defenses
against Disparate
Impact? (Two
situations where it is
acceptable)

-Business Necessity:
The employer has to
demonstrate the
challenge practice is a
job related to the
position in question
and consistent with
business necessity if
you're going to
discriminate against
people. Inconvenience
or annoyance will not
work in these types of
scenarios. Ex.) A good
example of this would
be when an investing
firm is hiring college
students, the potential
employee needs to
have a finance degree
because they need to
have some type of
entry level knowledge
before they start the
job.
-Bonifide Occupation

Qualification (BFOQ):
Where an employer
may lawfully hire an
individual based on
the origin of sex,
nationality, or national
origin if one of those
three are absolutely
necessary to the
particular practice.
Ex.) Hiring a member
of clergy (they
obviously need to be of
your religion). You're
not going to hire a
Priest for a Rabi's job.
What are the two parts
to Sexual Harassment
under Employment
Discrimination?

-Quid Pro Quo: Direct


correlation in terms of
sexual harassment.
When persons get job
opportunities, salary
increase, in return for
sexual favors or sexual
relations
-Hostile Environment:
This is where there is a
workplace that is
permeated with
discrimination,
intimidation, ridicule,
and insult. Where
someone feels so
uncomfortable that it
alters the conditions to
the person's
employment. Has to
be sexual in nature.
Has to be in an
environment. Ex.)
Grabbing a waitresses
rear end or a man
having naked
calendars when
women have to be
around them (happens
at construction sites a
lot)

What is the Age


Discrimination Act

Prohibits age
discrimination against

(Specifically the Age


Discrimination and
Employment Act
(ADEA) of 1970) under
Employment
Discrimination?

age 40 or older. At 40,


you are now a
protected class
member. *Only applies
to
employers/companies
that affect interstate
commerce and must
employ at least 20
employees.
Many employers prior
to this Act thought to
get rid of senior
employees that make a
lot of money and
replace them with
younger employees
who you can pay less.
This isn't good anyway
because you lose
knowledge from older
employees

What is Disability
Discrimination under
Employment
Discrimination?

In order to be disabled
legally, the person
must have a physical
or mental impairment
that substantially
limits one or more of
the persons' major life
activities. They also
must have a record of
such impairment and
must be regarded as
having this
impairment.
Regulated by the
EEOC. Will be
administrated by
them. Will see this
from a customer side.
Not only from
employer to employee.
Customers sue
companies a lot for
this.
-Notable situations
that are not
disabilities:
Kleptomania

Pyromania
Homosexuality
Transsexuality
Gambling
What is Remissible
Exclusion under
Disability
Discrimination under
Employment
Discrimination?

In an employment
area, if an employer
needs to discriminate
based on a disability, it
is allowed if by reason
of disability, they
cannot perform the
essential functions of
the job or the person
proposes risk of safety
and the health of
others
-Can modify schedules
and equipment to help
these people
-But, say you are in a
historic building where
putting in a ramp or
elevator will destroy
the integrity of the
building, they are not
going to make you
change the building
just to hire a disabled
person so that disabled
person can get up the
elevator. This is undue
hardship (an
accommodating action
that places significant
difficulty or expense
on the employer)

And 25 more

Preview of Terms
What is the NorisLaguardia Act (1932)
under Unions under
Federal Labor Laws?

It allowed peaceful
strikes, picketing, and
protests (Because
protests were
originally illegal).

What is the Wagner


Act (1935) under
Unions under Federal

Established an
employee bill of rights
to form unions and the

Labor Laws?

right of the union to


collect bargain on half
of the employee and
allowed to call a strike.

What is the TaftHartley Act (1947)


under Unions under
Federal Labor Laws?

It told the unions how


to act and what their
practices were.

What is the LandrumGriffin Act (1959)


under Unions under
Federal Labor Laws?

Established an
employee bill of rights
and union reporting
requirements to stop
corruption.

Who and what is


covered under the
National Labor
Relations Act (NLRA)
under Federal Labor
Laws?

Anyone involved in
interstate foreign
commerce will be
covered under the
NLRA (Which is
everyone basically)
-Nonprofits? Yes
-Supervisors? Section
VII (7) grants the
rights only to
employees, not
supervisors even if
they are a member of
the union. Supervisors
cannot participate in
union activities at all
including vote in the
union elections even if
they are in the union.
Anyone who has the
authority to hire,
suspend, lay off,
promote, discharge,
discipline, or direct
employees, or to
recommend such
actions, is a supervisor
-Independent
Contractors? Not
covered under the
NLRA
-Agricultural
Laborers? Not covered
under the NRLA

What is the
Representative Union
Election Procedure
under the Federal
Labor Law?

*This is a very
democratic process
-Have to have the right
to unionize. Are the
people similarly
situated? Do they do
the same things?
(Secretaries are not
allowed to form a
union because they are
privileged to the
management
information of their
company)
-Employees have to
select a union. Union
organizers are a highly
dangerous job because
they go into places
where companies don't
want a union and they
try to get them into the
union
-Petition, cards, &
vote. In general, you
have to have 30% of
the people to vote on
whether they want the
union or not
-Election conducted by
the National Labors
Relations Board
(NLRB). They will
watch what's going on.
Is the union being
coercive of the
employees? Are they
being coercive towards
management votes?
NLRB is looking for
these coercive
techniques on both
sides and situations
like this. They then
count the votes and
decide whether the
union should be in
place

-Certification. Once it
is voted yes, they will
certify them. This
cannot be contested
for at least another 12
months
What kinds of strikes
are permissible under
the Federal Labor
Laws?

-Economic Strikes:
When employees are
not able to negotiate
acceptable terms. They
strike. They can get
their job back in this
process.
Unique characteristics:
-The employer may
hire replacements for
the striking workers
(replacement workers
are called scabs. The
word scabs is a
derogatory term)
-Employer need not
re-hire worker unless
the departure of a
replacement worker
Ex.) Athletic Teams
Strikes (NFL)
-Unfair Labor
Practices: When the
union feels the
employer is not
bargaining in good
faith. In this situation,
the workers have the
right to reinstate other
forms of positions. You
are guaranteed your
position back.

What is an Economic
Strike under the
Federal Labor Laws?

When employees are


not able to negotiate
acceptable terms. They
strike. They can get
their job back in this
process.
Unique characteristics:
-The employer may
hire replacements for
the striking workers

(replacement workers
are called scabs. The
word scabs is a
derogatory term)
-Employer need not
re-hire worker unless
the departure of a
replacement worker
Ex.) Athletic Teams
Strikes (NFL)
What are Unfair Labor
Practice Strikes under
the Federal Labor
Laws?

A strike formed
because the union
feels the employer is
not bargaining in good
faith. In this situation,
the workers have the
right to reinstate other
forms of positions. You
are guaranteed your
position back.

What kinda of strikes


are illegal under the
Federal Labor Laws?

-Organizational Strike:
Strike for the purpose
of organizing the
labor. All of the
employees walk off to
organize a labor union
(to organize the nonunion employees)
-Recognitional Strike:
Strike to make
employees engage in
any kind of work
stoppage. Want
recognition of the
unions' power. If
nurses strike, and you
have to pay other
nurses overtime, the
employer will probably
sue the union for the
overtime costs (comes
from union dues). A
recognitional strike
will win that type case
concerning overtime
costs
-Secondary Boycott:
When you have some

main organization that


contracts out services.
Company A loses the
contract and Company
B comes in but does
not hire Company A's
employees. Those
employees of
Company A cannot
picket or boycott or
cause problems for
Company B because
their problem is with
Company A who lost
the contract
And 27 more

Preview of Terms
International Online is
an internet service
provider. One of it's
subscribers posted a
defamatory comment
regarding another
subscriber on its site
and as a result
defamed subscriber
filed suit against the
other subscriber and
IO. The Court had to
determine whether the
case against IO could
proceed. What is the
answer?

A) Pursuant to the
CDA IO is protected
and the case against it
must be dismissed.

State long arm statutes


permit states to obtain
personal jurisdiction
over non-resident
defendants regardless
of the case facts

B) False

Freedom of speech is
the least prized
freedom that
Americans possess

B) False

According to Chief

A) True

Justice Marshall's
decision in Marbury v.
Madison, the judicial
department's duty is,
in essence, "to say
what the law is. . ."
A court must have
both subject matter
jurisdiction and
personal jurisdiction
in order to hear and
rule on a case

A) True

What are the three


types of jurisdiction?

D) Subject matter,
personal and in rem

It is a common law
doctrine under which
judges are obligated to
follow the precedents
established in prior
decisions

C) What is stare
decisis?

Which of the following


is an example of
unprotected speech?

A) "I'm going to beat


you to a pulp with this
metal bat."

Sid while driving his


automobile down the
street failed to observe
a stop sign hitting
Jane who was legally
crossing the street at
the time. What type of
tort did Sid commit?

C) Unintentional tort

According to the
Commerce Clause,
only the national
government has the
power to regulate
interstate commerce,
and, that power
includes regulating
intrastate commerce
when it has an affect
on interstate
commerce.

A) True

Preview of Terms

Susy is the CEO of a C


corporation that is in
serious need of capital.
Which of the following
is a way for the
corporation to raise
capital?

A) Sell common stock


B) Sell preferred stock
C) Sell bonds in the
corporation
D) All of the above

Common stock refers


to stock that generally
gives the stockholder
priority over preferred
stockholders

B) False

Ned is the director of


All Metals
Corporation. All
Metals has entered
into a contract with
Allied Fabricators to
have a prototype built.
Ned is a shareholder of
Allied Fabricators.
Ned has duty to
disclose his
relationship with
Allied Fabricators to
All Metals and vice
versa.

A) True

Joe and Doug have


started an internet
retail business
together. They have
both pooled their
money and time in
developing and
creating the business
and it's website. The
type of business Joe
and Doug have created
is a sole
proprietorship.

B) False

Suzy and Amy would


like to start an ebusiness selling
handbags and shoes.
They would like to be
protected from

A) A limited liability
company that is
treated as a
partnership.
B) A limited liability
company that is

Answer: D) All of the


above

personal liability and


also would like the tax
advantage of paying
company taxes as
individuals rather than
paying corporate
taxes. What type of
business entity should
they form?

treated as a regular
corporation.
C) A subchapter S
corporation
D) Either A & C

Which of the following


is a factor to be
considered in
determining the type
of business form to
chose?

A) Ease of creation
B) The liability of the
owners
C) Tax considerations
D) The need for capital
E) All of the above

Answer: Either A & C

Answer: E) All of the


above
Joe and Sam entered
into a contract.
Pursuant to the
contract Joe was to fix
Sam's roof and Sam
was to pay Joe
$500.00. Joe fixed the
roof, but, Sam never
paid the $500.00. Joe
want's his money but
doesn't want to file
suit against Sam. What
can Joe and Sam do
instead?

D) All of the above

Joe agreed to pay


$50.00 per credit hour
as tuition to attend
school at a local
university. When it
came time to actually
pay, Joe failed to do
so. Which of the
following best defines
Joe's action in not
paying his tuition?

B) Joe is in breach of
his agreement with the
university.

Which of the following


contracts must be in
writing to be
enforceable?

B) A contract for the


purchase of a house.

Business ethics is
important to the
ongoing viability of
any corporation.

True

Description
employment environment

Preview of Terms
American Rule

relationship that can


be severed at any time
by either party without
cause

employees not subject


to the american rule

public employees and


contractual employees

judicially created
exceptions to the
american rule

wrongful discharge,
public policy, torts,
contracts

Fair labor standards


act

no limit on hours
worked, you must be
paid minimum wage,
no child labor, all
employees covered

what is an example of
a defined contribution
plan?

401k

What 3 requirements
must be met to receive
unemployment
insurance?

Involuntary
termination, able and
availble to work, must
be seeking
employment

What 4 situations
would be seen as
acceptable to take
advantage of the
family medical leave
act?

birth of a child,
adoption of a child,
care of someone, own
severe illness

BUL3310 Test 1
Created by zhj08 on July 12, 2012

152 terms

ch 21 and 23 bul3310 Final exam


Created by sam_harper3 on December 8, 2014

7 terms

BUL3310 Chapter 9 Vocab.


Created by Jonp123 on April 7, 2014

32 terms

bul3310 exam 2 ch 6
Created by sam_harper3 on October 26, 2014

6 terms

BUL3310 Chapter 23 Vocab.


Created by Jonp123 on April 17, 2014

15 terms

BUL3310 Chapter 20 Vocab.


Created by Jonp123 on April 17, 2014

16 terms

BUL3310 Chapter 22 Vocab.


Created by Jonp123 on April 17, 2014

12 terms

BUL3310 Chapter 21 Vocab.


Created by Jonp123 on April 17, 2014

6 terms

BUL3310 Chapter 10 Vocab.


Created by Jonp123 on April 7, 2014

22 terms

BUL3310 Chapter 11 Vocab.


Created by Jonp123 on April 10, 2014

33 terms

BUL3310 Final Exam


Created by Faison_Mitchell on December 7, 2013

180 terms

BUL3310 Chapter 14 Vocab.


Created by Jonp123 on April 10, 2014

18 terms

bul3310 exam 2 ch5


Created by sam_harper3 on October 25, 2014

11 terms

bul3310 test 4
Created by mgl11 on December 11, 2012

53 terms

bul3310 final questions


Created by kathryn_conrad on April 22, 2013

31 terms

BUL3310 Exam 2
Created by katie_watson5 on October 1, 2013

34 terms

BUL3310 TEST 2
Created by kgh11 on October 11, 2013

24 terms

BUL3310 Chapter 5 Vocab.


Created by Jonp123 on March 3, 2014

18 terms

BUL3310 Test 1
Created by mikem1242 on September 22, 2014

41 terms

BUL3310-Exam 2
Created by ndellarocco on October 7, 2014

59 terms

BUL3310 Exam 2
Created by jt_zamecnik on October 26, 2014

38 terms

contract law part 3 fsu bul3310


Created by sam78 on December 10, 2013

25 terms

BUL3310 - Quiz 1 (Ch.1-6) Study Guide


Created by bucsgirl24 on December 7, 2014

10 terms

BUL3310 Chapter 14
Created by felsteinberg on December 6, 2014

52 terms

BUL3310 Final Exam


Created by kathrynnicole4 on December 8, 2013

5 terms

BUL3310 Chapter 23
Created by Carly_Trocchia on December 7, 2014

37 terms

BUL3310 Chapter 22
Created by Carly_Trocchia on December 7, 2014

35 terms

BUL3310 fsu exam 1


Created by kathrynconrad on February 27, 2013

42 terms

BUL3310
Created by rachel_everette on October 23, 2014

70 terms

BUL3310
Created by anw10g on November 12, 2012

62 terms

BUL3310 Exam 1 Vocab


Created by apocalyptic6 on September 27, 2012

80 terms

BUL3310-04
Created by mjk10 on February 27, 2012

30 terms

BUL3310 Exam 1 Review


Created by lmr12 on September 21, 2014

121 terms

bul3310 exam 2 ch13


Created by sam_harper3 on October 26, 2014

6 terms

BUL3310 Exam 2
Created by felsteinberg on October 27, 2014

161 terms

BUL3310 Lecture 4
Created by lmr12 on September 16, 2014

32 terms

BUL3310 Final Exam


Created by guitar10 on May 1, 2014

79 terms

BUL3310 Exam 2
Created by Andrew_Michols on October 27, 2014

79 terms

Bul3310
Created by garret_hinton on May 1, 2013

110 terms

BUL3310 Final Exam


Created by brianna_mcmann on December 6, 2014

96 terms

BUL3310 Advanced Business Law Quiz Study Guide


Created by bucsgirl24 on November 29, 2014

10 terms

BUL3310 - Quiz II (Chapters 8-11, 19-22 )


Created by bucsgirl24 on December 7, 2014

10 terms

BUL3310-Exam 3
Created by Ulysses5 on April 1, 2013

35 terms

BUL3310 Exam 2
Created by cd11h on October 16, 2013

70 terms

BUL3310 Chapter 6 Vocab


Created by Jonp123 on March 4, 2014

11 terms

bul3310 exam 2 ch7


Created by sam_harper3 on October 26, 2014

15 terms

BUL3310
Created by dmayer92 on February 26, 2014

68 terms

bul3310
Created by kristinkintz on November 13, 2014

29 terms

bul3310
Created by Club_Volleyball on November 6, 2014

16 terms

Bul3310 Summer2011 Test 2


Created by Youngbloodfsu on July 18, 2011

118 terms

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