Term
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Definition
| a doctrine under which a plaintiff may not recover if she knew damages and voluntarily assumed |
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Term
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Definition
| a doctrine under which negligence may be inferred simply because an event occurred "The facts speak for themselves" |
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Term
| Danger Invited Rescue Doctrine |
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Definition
| a person trying to avoid a drunk driver hits someone (the drunk driver is liable) |
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Term
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Definition
1. Valid enforceable contract between 2 parties
2. 3rd party knows the contract exists
3. 3rd party intentionally induces a party to breach the contract |
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Term
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Definition
| wrongfully taking or retaining possession of an individuals person property and placing it in the service of another |
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Term
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Definition
economically injurious falsehoods are made about another product or property
Ex) Slander of Quality, Trade Libel |
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Term
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Definition
| An act or omission without which an event would not have occurred |
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Definition
| legal cause; exists when connection between act and injury is strong enough to justify imposing liability |
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Term
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Definition
| courts granting significant weight to agency judgement, citing agency expertise |
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Term
| Subpoena ad testificandum (to testify) |
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Definition
| a write or order compelling a witness to appear at an agency hearing |
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Term
| Subpoena duces tecum (bring it with you) |
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Definition
| compels an individual to hand over books or documents to an agency |
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Term
| Factors Considered if agency is crossing boundries |
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Definition
1. The purpose of the investigation
2. Relevancy of information being sought
3. Burden of the demand |
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Term
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Definition
Resolution of the dispute through a hearing conducted by the agency
1. Compliant
2. Answer
3. Hearing before ALJ
4. Order of ALJ
5. Appeal to governing board of agency
6. Final Agency Order
7. Appellate Court Review
8. Court Order |
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Term
| Freedom of Information Act (1966) |
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Definition
| requires federal government to disclose certain records upon request |
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Term
| Government in the Sunshine Act (1976) |
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Definition
every position of every meeting to be open to public observation
(Also have to provide meeting schedule) |
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Term
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Definition
| formed to assist the president in carrying out executive function and sub agencies within the cabinet departments |
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Term
| Independent Regulatory Agency |
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Definition
outside the major executive departments (less related to President
Ex) FTC, SEC |
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Term
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Definition
| Whether or not a reasonable person would interpret the conduct as conveying a message |
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Term
| Obscene Speech (Miller v. California) |
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Definition
1. Average person finds it obscene
2. work appeals to prurient sexual desires
3. Work shows offensive sexual conduct
4. Lacks serious literary or artistic merit |
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Term
| Due Process Clause (Procedural) |
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Definition
| decision must be made fairly that is that government must give a person proper notice and opportunity to be heard |
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Term
| Due Process Clause (Substantive) |
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Definition
| limits the governments power in legislative and executive power |
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Term
| Minimal Scrutiny "Rational Basis" |
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Definition
| generally laws regulating economic and Social matters are only regulated by this. Classification is valid if it related to government issues |
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Term
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Definition
Applied in cases involving discrimination based on gender or legitimacy
(Must be substantially related to government issue |
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Term
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Definition
| must be necessary to promote compelling state interest |
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Term
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Definition
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Term
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Definition
| Right to Speedy and Public trial |
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Term
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Definition
| Rights to trail by jury (Criminal cases) |
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Term
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Definition
| Prohibits excessive bails and fines as well as cruel and unusual punishment |
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Term
| Exclusionary Rule "Fruits of the Poisonous Tree" |
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Definition
| all evidence obtained in violation of constitutional rights is excluded from trial |
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Term
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Definition
| fraudulent appropriation of funds or other property by a person to whom funds has been entrusted |
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Term
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Definition
| falsely reporting income that has been obtained through criminal activity |
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Term
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Definition
serious crimes punishable by death
Ex) Rape, Arson, Murder |
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Term
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Definition
| punishable by a fine or incarceration in jail for up to one year |
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Term
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Definition
| traffic or building code violation |
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Term
| Defenses to Criminal Liabilit |
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Definition
Self Defense
Necessity
Insanity
Mistake of Fact
Duress |
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Term
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Definition
Civil- Plaintiff must convince court that is more likely than not plaintiff's allegation is true "Preponderance of Evidence"
Criminal- must prove "Beyond a reasonable doubt" |
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Term
| Criminal Act Requirements |
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Definition
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Term
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Definition
| nonviolent crime committed by individuals or corporations to obtain person or a business advantage |
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Term
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Definition
| distinctive mark, motto, or device or emblem that a manufacturer stamps prints or otherwise affixes to goods so they may be identified |
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Term
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Definition
| grant from the federal government that gives the inventor the exclusive right to a product for 20 years from filing the patent |
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Term
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Definition
| intangible property granted by federal statute to an author or originator |
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Term
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Definition
| owner reports income as personal income |
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Term
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Definition
| one partner ceases association |
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Term
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Definition
| one general partner and one or more limited partners |
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Term
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Definition
legal entity formed in compliance with statutory requirements
Owned by Shareholders
Run by Board of Directors |
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Term
| Limited Liability Corporation |
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Definition
Power to dissociate
Not Right to dissociate |
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Term
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Definition
| rule that immunizes corporate management form loses if done in good faith |
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Term
| Partnership and Sole Proprietorship Taxation |
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Definition
| Passed through and taxed as personal income |
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Term
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Definition
Agreement that can be enforce in court
1. Agreement
2. Consideration
3. Contractual Capacity
4. Legality |
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Term
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Definition
Bilateral (Buying a car for $1000)- promise for a promise
Unilateral (Paint House for $1000)-
promise for action |
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Term
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Definition
| fully and explicitly stated in words |
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Term
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Definition
Plaintiff provided service
Plaintiff expected to be paid
Defendant had chance to reject and didn't |
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Term
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Definition
| can be avoided at option of either party |
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Term
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Definition
| cannot be enforced for legal reasons |
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Term
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Definition
| none of the parties have legal obligation |
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Term
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Definition
| withdrawal of an offer by an offerror |
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Term
| Commercial Impracticability |
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Definition
| court may excuse party from contract if it becomes to difficult or costly |
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Term
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Definition
| requires plaintiff to do whatever possible to minimize damages |
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Term
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Definition
1. By Breach
2. By failure of a condition
3. By agreement
4. By performance
5. by operation of law |
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Term
| Remedies available for non-breaching party |
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Definition
1. Damages (compensatory, consequential)
2. Rescission and Restitution
3. Specific Performance
4. Reformation |
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Term
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Definition
| Relationship between 2 parties in which one party agrees to represent or act for another |
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Term
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Definition
| duty created to act on someones behalf |
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Term
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Definition
1. Agency by Agreement
2. Agency by Ratification
3. Agency by Estoppel (if person doesn't deny relationship)
4. Agency by Operation of law |
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Term
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Definition
| principal identity is known to 3rd party at times of deal |
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Term
| Partially Disclosed Principal |
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Definition
| identity is unknown but relationship is known |
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Term
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Definition
| 3rd party doesn't know principal exists |
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Term
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Definition
Offer
Consideration
Acceptance |
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Term
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Definition
| minimum number of members of a body of officials or other group that must be present in order for business to be validly transacted |
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Term
| Piercing the Corporate Viel |
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Definition
| legal decision to treat the rights or duties of a corporation as the rights of its shareholders |
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Term
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Definition
| one who works for and recieves payment from an employer but whose working conditions and methods are not controlled by the employer. Is not an employee but may be an agent |
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Term
| Respondeat Superior "Let the master respond" |
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Definition
| a doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment |
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Term
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Definition
| legal responsibility placed on one person for the acts of another; indirect liability imposed on a super visionary party for the actions of a subordinate because of the relationship between the two parties |
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Term
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Definition
| a form of employment discrimination that results when an employer intentionally discriminates against employees who are members of a protected class |
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Term
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Definition
| a form of employment discrimination resulting from certain employer practices or procedures that although not discriminatory on their face have a discriminatory effect |
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Term
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Definition
| a termination of employmnet brough about by making the employees working conditions so intolerable that the employee reasonably feels compelled to leave |
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Term
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Definition
| in the employment context demands for sexual favors in return for job promotions or other benefits or language or conduct that is so sexually offensive that it creates a hostile working environment |
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Term
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Definition
| information or a process that gives a business an advantage over competitors that do not know the information or process |
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Term
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Definition
| a doctrine providing that the judicial branch of one country will note examine the validity of public acts committed by a recognized foreign government within its own territory |
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Term
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Definition
| the seizure by a government of a privately owned business or personal property for a proper public purpose with just compensation |
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Term
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Definition
| a government taking of privately owned business or personal property without a proper public purpose or an award of just compensation |
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Term
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Definition
| a doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied |
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Term
| Choice of Language Clause |
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Definition
| a clause in a contract designating the official language by which the contract will be interpreted in the event of a future disagreement over the contracts terms |
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Term
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Definition
| clause in a contract designating the law (such as the law of a particular state or nation) that will govern the contract |
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Term
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Definition
| Proof that a shipment has been made |
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Term
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Definition
| a written instrument usually issued by a bank on behalf of a customer or other person in which the issuer promises to honor drafts or other demands for payment by third persons in accordance with the terms of the instrument |
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Term
| Letter of Credit (Chronology) |
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Definition
1. Buyer contracts with the issuer bank to issue a letter of credit, this sets forth the banks obligation to pay on the letter of credit and buyers obligation to pay the bank
2.Letter of credit is sent to seller informing seller that on compliance with the terms of the letter of credit the bank will issue payment for the goods
3. Seller delivers goods to carrier and receives a bill of lading
4. seller delivers the bill of lading to issuer bank and if the document is proper receives payment
5. Issuer bank delivers the bill of lading to the buyer
6. buyer delivers the bill of lading to carrier
7. carrier delivers the goods to the buyer
8. buyer settles with the issuer bank |
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Term
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Definition
| Specifies what a security is and governs the initial sales of stock by business. |
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Term
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Definition
| a written document required by securities laws (1933) that describes the security being sold the financial operations of the issuing corporation and the investment or risk attaching to the security. It is designed to provide sufficient information to enable investors to evaluate the risk involved in purchasing the security |
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Term
| Securities Exempt of Securities Act of 1933 |
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Definition
Government issued securities
Bank and financial institutions
Short term notes |
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Term
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Definition
provides for continuous periodic disclosures of all subsequent trades
(applies to companies that have assets in excess of $10 million and 500 or more shareholders)
Act authorizes the SEC to engage in market surveillance to deter undesirable market practices |
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Term
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Definition
| a rule of the SEC that makes it unlawful in connection with the purchase or sale of any security to make an untrue statement of a material fact or to omit a material fact if such omission causes the statement to be misleading |
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