Term
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Definition
| Give someone else the right to vote with your shares |
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Definition
intentional: somebody intends to do somebody else harm
negligence: no intent but someone was harmed and they will be rewarded
strict: doesn't matter about intent, if you suffered you are being rewarded |
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Definition
| guy doesn't let girl leave car when she wants to leave |
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Definition
| when you see the fist coming |
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Definition
| unwarranted touching, the kiss |
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Definition
| injury to ones reputation |
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Definition
| through your conduct, you put someone in a position to be mentally unstable/distressed. need outrageous conduct to be liable |
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Definition
| unprivileged entry onto another's property |
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Definition
| property given, but never returned |
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Definition
| intentional concealment of a material fact |
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Definition
| unintentional concealment of a material fact |
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Term
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Definition
3rd party: deceased cannot be defamed
true facts are never defamation, absolute defense
legislator can say anything they want on the floor without being sued
hard for public figures to sue for defamation |
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Definition
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Term
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Definition
| written, published, printed |
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Term
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Definition
| assured to have a privacy component, person who letter is about could contain false info |
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Term
| right of privacy - employer/employee |
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Definition
| in most states, employer does have right to look at what you are doing on your company computer/cellphone |
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Definition
| Warrant must be issued to be tapped and creditors cannot call at certain hours |
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Term
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Definition
duty
breach
proximate cause
injury |
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Term
| Patisgraph vs. Long Island Railroad |
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Definition
gave rise to new theory of the law
societal shift
railroad won 4-3 |
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Term
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Definition
| 3 yrs from the time you find out about injury, don't want cases to hang over. must act in timely fashion |
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Term
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Definition
| people take on jobs knowing the risks. paid to assume the risks and cannot sue |
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Term
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Definition
| only part of the law that can charge contingent fee of 1/3 |
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Term
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Definition
| if you, the party that is suing, contribute to the fault, you will not get any compensation |
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Term
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Definition
if two sides contributed to the accident, the side less at fault can still sue but get less than the amount of negligence they contributed
only works when at 49% at fault or less |
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Term
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Definition
| injured party must be in contractual agreement with accounting firm to get compensation |
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Definition
| newsparer published everyday that has proposed rule changes and allows people to comment on them |
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Definition
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Term
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Definition
| starts at administrative court, if judge rules against, you can go to appellate court |
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Term
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Definition
EPA goes to your firm and says they will not prosecute if you stop 90% of pollution
3rd part can't rely on consent decree to sue |
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Term
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Definition
gov't has power to tell you to stop doing what you are doing. usually used with more extreme defendants.
3rd party can use cease and desist order to help sue. |
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Term
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Definition
ability to seek advisory from administrative agency, should a hypothetical situation come up
not binding, courts could rule differently |
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Term
| FTC has widest and broadest powers of any gov't agency |
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Definition
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Term
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Definition
one person sits on board of competing companies
-cannot have id's in this country
-cannot be vertical either: tires, ford, wheels |
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Term
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Definition
| nobody gives these anymore |
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Term
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Definition
| received when you buy most things |
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Term
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Definition
| unlawful, lure you in and then switch out product |
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Term
consumer credit protection act
(truth lending act) |
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Definition
| tells you interest being changed, issuer must give info to you about your card |
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Term
| fair credit reporting act |
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Definition
| if you are turned down for credit, you are allowed to see the report that was used |
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Term
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Definition
| comes up with your credit score to say interest rate charged |
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Term
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Definition
amount of interest various organizations can charge for lending
-most cards issued out of south dakota, highest interest rate able to be charged
-different organizations charge different rates |
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Term
| equal credit opportunity act |
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Definition
| cannot discriminate (minorities, women). |
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Term
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Definition
| -outlining area that you will not lend to |
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Term
| uniform consumer credit code |
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Definition
| able to reneg door to door sales |
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Term
| factory workers wages are... |
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Definition
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Term
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Definition
| if worker go on strike/threaten to gon on strike, courts can issue injunction forcing them to go back to work |
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Term
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Definition
| list shared with many employers of people likely to organize unions, not hired |
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Term
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Definition
| employees forced to sign contract saying that they will not engage in union activities |
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Term
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Definition
| shut down factory until employees come back to work |
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Term
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Definition
| took away the use of injunctions/labor disputes |
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Term
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Definition
use power under commerce clause to regulate relationships between unions and employers
-establish employee rights
-some prohibited/unfair practices employers could no longer do
-establish administrative agency |
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Term
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Definition
exclude certain employees
-gov't
-agricultural
-managers
congress never fully funded
-doesn't hear as many cases as it probably should |
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Term
| national labor relations board |
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Definition
investigates all unfair labor practice charges
conducts elections to determine whether a union will represent employees
In last 5-10 yrs, unions have had decertification elections
# of union employees increased greatly because of more protection |
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Term
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Definition
| rebalance power, unions had too much |
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Term
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Definition
if strike is going to affect national security, president can send them back to work 80 days cool off period
-could cost votes
-not really used |
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Term
| right to work statuate section 14b |
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Definition
| each state can say whether or not they would like to permit union shops |
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Term
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Definition
| could hire an employee if and only if they are already part of a union, ILLEGAL |
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Term
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Definition
| could hire anybody, but they must join the union in 30 days |
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Term
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Definition
| could hire everyone, no one has to join |
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Term
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Definition
deal with union corruption/how unions operate
-certain financial disclosure
-must have elections for office every so many years |
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Term
| collective bargaining process |
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Definition
-outsiders come and say a union would be better
-authorization cards (30% must sign)
1. union election (must get majority 51% of votes)
-can only happen once a year for elections
-each side no required to negotiate wages/hours/etc.
1. bargain in good faith (give and take negociation) |
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Term
| fist inside a velvet glove (employer/employee relationship) |
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Definition
employer has certain power over employees -fist
no matter how nice the outside is, you can still take benefits/jobs away as an employer - velvet |
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Term
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Definition
| unfair to discharge or discipline if a person bring matter to the board |
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Term
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Definition
| cannot be fired for telling |
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Term
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Definition
not allowed to have secondary boycotts
-garbage men, conductors, etc. |
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Term
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Definition
| unfair labor practice, union cannot require people be paid for doing no work |
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Term
| public employees cannot strike but are allowed to have unions |
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Definition
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Term
| age discr. employment act |
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Definition
protect 40-70 year olds from being paid less when hired as compared to younger people
-unless legit: girl role in a play, religion |
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Term
| rehabilitation act of 1973 |
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Definition
| do away with discrimination agaist people with dissabilities |
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Term
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Definition
pension/welfare plans
-non discriminatory
-insurance policy protecting pensions from bankruptcy etc.
less than original pension plan |
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Term
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Definition
| try to provide safe working environment |
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Term
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Definition
reduce risk between two parties
buyer-buyers bank-><-sellers bank<--Seller |
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Term
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Definition
ownership of the goods
-allows buyer to review goods before payment is released.
-used for commercial tradings
1. travelers checks |
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Term
| must put in contract you want contract to apply to US law |
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Definition
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Term
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Definition
usually used in franchise agreements
-almost all done in contract
-language
-payment |
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Term
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Definition
| tsunami takes place or something similar, contract is voided |
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Term
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Definition
| building factory in your country and now are subject to whatever changes take place to your jurisdiction |
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Term
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Definition
soveriegns are immune from local jurisdiction of other companies
-if state acted in commercial, they are subject to local courts |
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Term
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Definition
| usually established by 3rd world country (large 3rd world countries) |
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Term
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Definition
| limits the amount of money a company can take out of country x |
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Term
| foreign corrupt practices act |
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Definition
| attempts to limit bribe payments oveseas. facilitating payments are illegal |
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Term
| real estate agents work for sellers |
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Definition
| if you decide to make an offer, your are getting into a contract |
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Term
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Definition
independent appraisal
operating inspection
go to court and find out what other guy paid for the house (stamp tax)
being able to attain a mortgage at 5% or less |
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Term
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Definition
| abstract company hired to make sure the seller really is the owner of the property |
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Term
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Definition
bank runs closing usually
sign various pieces of paper
you get deed
register deed ASAP |
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Term
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Definition
| seller warrants that he is the true owner of the property and he will challenge it |
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Term
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Definition
| selling not willing to defend anything |
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Term
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Definition
| money borrowed to pay for the house |
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Term
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Definition
| buyer responsible for putting down 20% of house, 30 yr mortgage table |
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Term
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Definition
| put down 10% of purchase price, slightly higher interest rate |
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Term
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Definition
| only 5% of purchase price but again higher interest - veterans |
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Term
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Definition
| teasor rate, first 3 yrs 3%, end of 3 years rate usually goes up |
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Term
| can do conventional mortgages for less than 30 yrs now |
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Definition
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Term
| Lawyer hired to represent you in closing |
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Definition
| -whoever registers deed first wins ownership |
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Term
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Definition
| if you die, your wife gets property |
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Term
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Definition
| each tenant has .5 interest in the house , can give to whoever they want |
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Term
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Definition
| left a will in sound body and mind |
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Term
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Definition
| no will (wife gets estate, if children they get half and wife gets half, if no wife/children ancestors up to 5th degree of blood |
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Term
| need at least __ witness for a will to count |
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Definition
2
-cannot par take
-each will cancels out other wills |
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Term
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Definition
| usually the person who draws up the will |
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Term
| every life change means a new will needs to be drawn up |
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Definition
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Term
| the day you have a kid, you should write a will and wills can only be paid out once all your debt is cleared |
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Definition
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Term
| After 2 years of searching, state gets title to your property if no ancestor is found |
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Definition
| state is sole distributor of your will once your debt is paid |
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Term
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Definition
is it new, useful, and non-obvious. your responsibility to proceed against other people using your patent
-17yrs
-when you apply for patent, other people can read and can make it better |
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Term
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Definition
so consumers can recognize quality of goods purchased
-every 10 yrs renew
-your responsibility to enforce |
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Term
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Definition
intellectual property of (author/anyone with art talent
-life of the author +75yrs
-(mickey mouse) |
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Term
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Definition
| certain categories of individuals that can use your product without asking permission (non commercial) |
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