Business Law 11 Flashcards

Terms Definitions
john randolph
makes the offer
act of state
report on manufacturers
Security interest by possession
drew lewis
secretary of transportation
Cyber law torts
- privacy,appropriation, defamation
hartford convention
break the USA (secession)
contract comes to an end.
"the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that he assent to that bargain is invited and will conclude it" [Section 24 of the Restatent (second) of COntracts]
the retroactive approval of an unauthorized transactionprincipal says the agent can go ahead and continue to do what they were doing
a debt not in dispute
liquidated debt
A classification of less serious crimes such as certain traffic offenses.
person receiving the $$ on demand/immediately or on a fixed date
right to enter into another contract in the future
District Courts
trail courts of general jurisdiction that can hear and decide most legal controversies in the federal system
Creation of Corporation
Articles of Incorporationbasics1) name of corporation2)nome of incorporators
Deception of another person to obtain money or property from her
A formal charge is called an indictment issued by a grand jury
types of damages
1. Compensatory (to cover direct losses and costs)
2. Consequential (to cover indirect and foreseeable losses)
3. Punitive (to punish and deter wrongdoing)
4. Nominal (to recognize wrongdoing when no monetary loss is shown
unauthorized means
if method of communication is unauthorized, acceptance is still effective when and if received by the offeror, provided that it is received within the time during which the authorized means would have arrived
to free from an obligation or liability to which others are subject; release:
Procedural Law
consists of all laws that delineate the methods of enforcing the rights established by substantive law
The Supreme Court
Nations highest court whose principal function is to reveiw decisions of the Federal Courts of Appeals and the highest state courts
False Lie
-never TRUE
- places P in false light 
-status was NOT lowered
-less serious
-focus on statement
ex/ supporter of abortion 
Express Condition
Explicitly set forth in language.  No particular form of words is necessary to create an express condition, so long as the event to which the performance of the promise is made subject is clearly expressed. The basic rule applied to express conditions is they must be fully and literally performed before the conditional duty to perform arises. "Usually proceded by words such as "provided that", "if", "while", and "upon".
What is false imprisonment?
Intentional confinement or restraint of another person without their consent
due process clause
Part of the Fifth Amendment. Procedural due process ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair. Substantive due process holds that certain rights, such as privacy, are so fundamental that the government may not eliminate them.
The purpose of criminal law is to compensate injured parties for their losses
A binding agreement created not by explicit language but by the informal words and conduct of the parties
implied contract
Barer Paper
common law
the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law.
Long arm Statute
a courts right to exercise personal jurisdiction over certain out-of-state defendants based on activites that took place within the state
In personam jurisdiction
jurisdiction based on claims against a person, in contrast to jurisdiction over property
lied about age
a minor can under normal circumstances disaffirm their contract even if they have lied about their age
A train's brakes malfunction and it rolls towards maintenance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. Dick is hit by the train and sues the brake's manufacturer. The manufacturer can raise the defense of
assumption of risk.
a decision not to be bound to a contract
Define contributory negligence.
If the plaintiff was also negligent in any manner, he or she cannot recover any damages from the defendent.
what is an award
what the arbitrators decision is called
discharge by operation of law
under some circumstances, contractual duties may be discharged by operation of law: material alteration of contract, running of the relevant statute of limitations, bankruptcy, and impossibility of performance
Option contracts
the promisee has an option to buy something at a later date
criminal statutes may be unconstitutional if they
dont clearly define the criminal behavior
business judgement rule
liability for failure to act in a reasonable fashion. No liability for simple errors in "business judgement"
A person or entity that is not a party to but has rights under a contract made by 2 other parties
third-party beneficiary
what does it mean to reverse
disagree and give new desicion
Rights of Disposition- What is included/what does this mean
1.Custody/possession of body - Actual/Constructive
2.Funeral Arrangements
3.Method of Disposition
4.Type of Services
5.Place of Service
6.Place of Burial/Disposition
7.Decision of Autopsy
conduct of the employee, not involving intential force, is within the scope of employment if it:
a. is of the kind he is employed to perform
b. is actuated at least in part by a purpose to serve the employer
c. occurs substantially within authorized time
d. all of the above
3 Exceptions to mailbox rule

If the acceptance is not properly dispatched, it will not be effective until received by the offeror.
If offeror specifically conditioned the offer on receipt of acceptance, it will not be effective until received by the offeror.
If acceptance is sent after rejection, whichever arrives to offeror first takes effect.
Election of Remedies
- An injured pary may be required to choose between the remedies available to him.
- Money Damages and Restitution are inconsistent with each other
- Specific performance and Restitution are inconsistent with each other
- Money Damages and Specific Performance are consistent and may be sought together
what is recross eximination
when the opposing party has a chance to examine the witness after redirect
what does it mean to be a distinct legal entity?
Any individual, proprietorship, partnership, corporation, association, or other organization that has, in the eyes of the law, the capacity to form an agreement, and the ability to assume an obligation, and to discharge an indebtedness.
A stated set of facts giving rise to a valid lawsuit
Third Party Beneficiary Contracts
- A contract in which a party promises to render a certain performance not to the promisee but to a third person is called a third-party beneficiary contract.
- The third person is not a party and the general rule of law is that a person who is not a party to a contract has no rights in it and therefore cannot enforce its performance
- However, if the parties intended (intention is the only test) to give the third party the right to enforce the contract then he may do so.
Explain the significance of the dormant or negative commerce clause.
When Congress has not acted on particular areas of interstate commerce, the clause is still in effect and any laws that contradict the constitution are invalid.
What are the characteristics of a civil law?
Civil Law1. Both parties may be anybody, including governments, corporations and individuals.2. The loser in a civil case cannot be imprisoned, even if he or she cannot pay the damages.3. Civil law is established both through state and federal statutes and through court decisions.4. In Missouri, the jury decision must be 9-3 for the plaintiff to win. States vary. Federal courts do require an unanimous verdict.5. The burden of proof in a civil trial is “preponderance of the evidence,” which sometimes is defined as “more likely than not.”6. Either party may appeal in a civil case.7. In a civil case, the plaintiff and the defendant may both be found partially right and partially at fault.
in order to bring a class action what must happen
the class must be certified
what does it mean to Tender conforming goods?
make goods available to buyer at seller's place of business, at a reasonable time and in a reasonable way
what are the parties in a appelate level case
appelate and applle or a petitioner and respondent
what ways do cases go to the supreme court
appeal by right and writ of certiorari
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