Law 2 Flashcards

Terms Definitions
correcting typo's
miles cooper
necessary and proper
contract clause
pro business
citizenship rights
14th amendment
alesander karensky
stay in war
the act of confusing.
Power of Authority
writing express authority
must have: agreement, consideration, capacity, and legalitydoes not necessarily have to be in writingmoney does not have to exchange hands for an enforceable contractsometimes a party may cancel a contract without the consent of the other if there is misrepresentation, breach, etc.
Manufacturing Arrangement
Franchisor provides the franchisee with the technical knowledge needed to manufacture the franchisor's product.
Computer Crime
Check any 1.
___ Computer trespass: Unauthorized USE or ACCESS to a computer.
___ Check 3. Criminal copyright infringement.
1___ There has been a copyright INFRINGEMENT.
2___ The infringement was WILLFUL. 3___ Infringement done for BUSINESS ADVANTAGE or FINANCIAL GAIN.
party who originally  brought the lawsuit
Sherman Act
An 1890 congressional enactment designed to regulate anticompetitive behavior in interstate commerce
what is another names for arbitrator
offense against the public @ large
State prosecutes
Jail time
Adopted by local governments such as towns and counties.
statutes (laws rules or orders) passed by municipal or county governing unites to govern matters not covered by federal or state law.
often dealing with city or county land use (zoning ordinances)
STATE: party who must answer the petitioner's appeal
the settlement of a criminal case, whereby the prosecutor dismisses one charge if the defendant pleads guilty to another charge
Compulsory Arbitration
Arbitration required by statute for specific types of disputes
Performance 2
- The substantial performance doctrine holds that a party who substantially performs his duties under a contract is entitled to substantial performance by the other party
- If the promisor is guilty of a marterial breach of the contract, he has no right to enforce the contract, unless the other party has accepted the defective performance without objection
promissory note which is under a company seal and is a witten contract obligation to pay a sum certain in money to a payee on demand or a fixed future date
Jurisdiction--Long Arm Statute
Exercise out of state defendants
85. A suspect may enter pleas of guilty or not guilty only.
Broad term that includes most forms of theft such as robbery, hijacking, embezzlement and shoplifting, among others.
mutual assent
The element of agreement in the formation of a contract. The manifestation of contract parties' mutual assent to the same bargain is required to establish a contract.
subjective test
taste or fancy (artwork or food)They do not have to pay if not personally satisfied
Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for
an activity in which a woman agrees to give birth to a baby of a mother unable to carry the child
Goal of Labor Law
It is successful collective bargaining: includes wages to be paid to workers, hours to be worked, and other terms and conditions of employment
- When other party fails to perform, the law grants other party secondary rights which are remedial in nature and are to give the injured party a remedy which will as nearly as possible compensate for the loss he has sustained
- In otherwords the law allows him to sue
Forms of remedies:
- Money damages
- Restitution
- Specific performance
conditions subsequent
– when a condition operates to terminate a party’s absolute promise to perform
restraining order
can get against someone if the relationship is considered intimate
Articles of incorporation
an appliacations for incorporations of a business that describes a corporation's organizations
sellers at auctions are generally
making an invitation to offer
Domestic Corporation
A company doing business in its home state (state where it was first incorporated).
Sociological School
Realists/ law is a means of achieving and advancing certain sociological goals/ purpose of law is to shape social behavior
In Pari Delicto
Equally at fault.  Both parties are equally at fault when a contract is written that contains any illegal terms or conditions.  The contract is void and not upheld by the courts.
common law
Judge-made law, that is, the body of all decisions made by appellate courts over the years.
if the ucc does not apply what does
common law
An agreement that a court refuses to enforce because it is fundamentally unfair as a result of unequal bargaining power by one party.
unconscionable contract
Uniform Commericial Code Article 3
What is it & define
Negotiable instruments or commercial paper
Documet that can be transferred from person to person;used as a sub for $$ or instrument of credit--MUST BE IN WRITING
the way in which a thing is composed or made up; makeup; composition:
Certificate of Authority
Permission granted by a state that in which a company wishes to do business outside of its home state.
Digital Electronics, Inc. makes an offer to the owners of National Computer Corporation to buy the entire company. The party with the power to revoke the offer is
Digital Electronics, the offeror, only.
What is Licensing Statutes?
1. Protection of the public2. Raise revenue
A sole proprietorship is
an inincorporated business owned by a single person
A provision in a contract specidfies that a certain dollar amount is to be paid in the event of a future default or breach of contract.
Liquidated Damages (Determined damages)
7. The essential elements of a contract include all but which of the following?A. Legality of objectB. RelianceC. CapacityD. Consideration
B. Reliance
Legality is an essential element of a contract.
exclusionary rule
In a criminal trial, a ban on the use of evidence obtained in violation of the Constitution.
What is a counterclaim
when you have your defendent bring a lawsuit againest a plantiff
Explain the significance of Marbury vs. Madison.
Established the precedent of judicial review. The power of judicial review is not explicitly stated in the constitution.
What are material breaches the seller can commit?
Failure of delivery/delivery of part of goods.
Explain the elements for a prima facie case of conversion.
conversion is the exercise of dominion and control over the personal property, rather than the real property of another. This is the tort claim a plaintiff would assert to recover the value of property stolen, destroyed, or substantially altered by the defendent.
what can congress regulate concerning contracts
they can regulate subject matter but they cannot regulate the contract
a pre-trial conferences is set up to
get people to stipulate certain common facts
Requests for modification must be made in 'good faith'...
made in 'honesty in fact' and 'reasonable commercial standards' of fair dealing.
where do we get the basis of this law
for the uniform commercial code
What is the defense of shopkeepers priviledge?
It is the defense that allows a shopkeeper to hold someone for a reasonable amount of time if they are suspected of shoplifting.
Edwin advertises a reward for the return of his lost cat. Fritz, who does not know of the reward, finds and returns the cat. Fritz cannot recover the reward, because
Fritz did not know of the reward when he returned the cat.
how does a state have impersona jurisdiction over you
you have to have some kind of ties or contact with the state
types of remedies
1. specific performance
2. injunction
3. recission
administrative law
rules, orders, and decisions of administrative agencies in order to carry out their duties and responsibilities
executive agencies
1. within exec branch of government
2. at federal level, exec agencies are those within the cabinet departments
EX: food and drug administration within department of health and services
examples of statutory laws
1. citations
2. ordinances
3. uniform laws
procedural law
establishes the methods of enforcing the rights established by substantive law
cost benefit analysis
decision making technique that involves weighing the cost of a given action against the benefits of that action
ethical reasoning
reasoning process in which the individual examines the situation at hand in light of his or her moral convictions or ethical standards
kantian ethics
Immanuel Kant: believed humans are qualitatively different from other physical opjects. therefore a person's thoughts and actions should be respected
civil law
1. rights and duties that exist between persons and between persons and government, and the relief available when a person's rights are violated
2. legal system based on written code of law
reference to a publication in which a legal authority, such as statute or a court decision, or other source can be found
uniform law
model statutes for states to consider adopting
**each state has option of adopting or rejection
religious ethical standards
ten commandmants of the dominate Judeo-Christian tradition
principle of rights
humans have fundamental rights (life, liberty, pursuit of happiness)
- in determining right from wrong person must determine how the decision affects the rights of others
stock option
agreement that grants owner the option to buy a given number of shares of stock, usually within a set period of time
legal positivism
1. applies only to citizens of that nation or society
2. no higher law than a nations positive law
3. no such thing as natural rights
4. law is law and must be obeyed until changed
means given to a party to enforce a right or compensate for the violation of a right
remedies on equity
equity: branch of law, founded in justice and fair dealing
business ethics
what is right and wrong behavior in the business world
elements of fraud
1. material brach of duty
2. that results in detriment to the employer
duty based ethics
derived from truths such as religious percepts and philosophical reasoning
accounting and FCPA
all companies must keep detailed 1. records that accuratley and fairly reflect financial activities
2. accounting systems must provide reasonable assurance that all transactions are accounted for and legal
primary sources of law
1. the US and state constitutions
2. statutes, laws, passed by Congress and by state legislatures
3. regulations created by administrative agencies such as federal Food and Drug Administration
4. case laws (court decisions)
importance of stare decisis
1. helps to be more efficinet
2. makes laws more stable and predictable
binding authority
any source of law that a court must follow when deciding a case
who made uniform law
group of legal scholars, judges, and lawyers formed National Conference of Commissioners on Uniform State Laws
short run profit maximization
increase profits by continuing to sell a product, even though it knows that the product is defective
two basic ethical approaches
1. defines ethical behavior in terms of duties
2. determines what is ethical in terms of consequences of any given action
procedure of Business Process Pragmatism
1. inquiry: understanding of facts
2. discussion: list of action options
3. decision: conscensus plan of action
4. justification: does consensus withstand moral scrutiny?
5. evaluation: do solutions satisfy corporate community and individual values?
most common reason that ethical problems occur in a business
overemphasis on short term profit maximization
2 aspects of stare decisis
1. decisions made by higher court are binding on lower courts
2. court should not overturn its own precedents unless there is strong reason to do so
when lower level employees are not liable for honest services fraud...
1. employer creates paticular goal
2. employer aligns employees interests with employers interest in achieving the goal
3. employer has higher level management sanction improper conduct to reach the goal
legal remedy
elusive or evanescent.
party to an action
unverified, unofficial information gained or acquired from another and not part of one's direct knowledge
w/ no regard or fairness
Executory refers to something incomplete, unfinalized, or yet to be accomplished. For example, an executory contract is one in which all or part of the required performance has not been performed; an executory bequest is a gift under a will which has not been distributed to the beneficiary. In another example, a trust is said to be executory where an additional act is required of the author of the trust himself or by the trustees, to give it its full, effect. In this sense, the trust is executory because rights under the trust have not vested.
to offer or proffer (something).
adapting individual or collective patterns of behavior so as to bring them into conformity with patterns provided by a cultural environment
intellectual property
purely intangible personal property that one cannot touch or move.
Using someone's name or likeness without consent for commercial purposes
given, done, bestowed, or obtained without charge or payment; free; voluntary.
debts or pecuniary obligations as opposed to assets; something disadvantageous
something that obstructs or hinders progress.
having committed an offense, crime, violation, or wrong, esp. against moral or penal law; justly subject to a certain accusation or penalty; culpable:
the act or fact of possessing.
the examination before a judicial tribunal of the facts put in issue in a cause, often including issues of law as well as those of fact
an agreement enforceable by law, originally applied to promises under seal; a bond containing a penalty, with a condition annexed for payment of money
characterized by or dealing with coarse or base emotions; earthy; crude:
contingency basis
lawyer gets part of the award
document served to be the defendant that complaint has been filed
not based on subjectiveoffers made in anger, jest, or undue excitement do not meet the intent test b/c a reasonable person would realize that a serious off was not being made
The agreement is accepted by the _____
Commingle means to mix the funds belonging to one party with those of another party. The funds involved are usually held in trust for another, such as funds held for a client or beneficiary. Spouses are allowed to commingle funds by putting money in joint accounts, but may risk turning separate property into community property by doing so. Business partners may legally commingle funds, but a business partner may have to account to the other.
the statement or declaration of a witness under oath or affirmation, usually in court.
first or highest in rank, importance, value
a statement or proposition that seems self-contradictory or absurd but in reality expresses a possible truth
a public officer authorized to hear and decide cases in a court of law; a magistrate charged with the administration of justice.
a written agreement deposited with a third person, by whom it is to be delivered to the grantee or promisee on the fulfillment of some condition
the transference of a right, interest, or title, or the instrument of transfer; a transference of property to assignees for the benefit of creditors
a writing or document executed under seal and delivered to effect a conveyance, especially of real estate
skilled in determining the elements or essential features and critically examine an element or argument
the institution and carrying on of legal proceedings against a person; the body of officials by whom such proceedings are instituted and carried on
such constraint or coercion as will render void a contract or other legal act entered or performed under its influence
true or false? Leasing is the least expensive way to obtain a car
Judicial Branch
One of three branches of the government, in charge of all forms of justice and judging crimes and lawsuits, utilizing a multi-hierarchical system of courts.
Opinion, majority
The equivalent of a “verdict” in an appeal. Must be a majority of justices hearing appeal. Written by one justice
Contract Employment: Contract Theory
some courts, implied employment contract exsists between employer and employee. If fired outsdie terms, action of breach.
ex. employee manual states, as matter of public policy, works only dismissed for good cause. if employe is aware and continues to work. there is an impliked contract based on those terms
Contract calling for an act to be given in the future for a promise
section 16(B)
part of 1934 act: discusses statutory insiders and short-swing profits
an officer having charge of the legal business of a city, town, etc.
to give an inclination or tendency to beforehand; make susceptible
the killing of one human being by another.
a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like
a state or condition of real property in which title is not as yet vested in a known titleholder
to gather or collect, often in gradual degrees; heap up
a call or citation by authority to appear before a court or a judicial officer
the legal seizure and detention of the goods of another as security or satisfaction for debt
to fall helplessly down, end over end, as by losing one's footing, support, or equilibrium; plunge headlong:
to spend or use money, time, etc. extravagantly or wastefully often fol. by away.
Civil Liberties
Rights given to the people by the First Amendment to the Constitution.
How long is the statute of limitation on the disclosure statement after the close of escrow?
Constitutional Right to Privacy
“right to privacy,” not in constitution however Supreme Court has inferred a constitutional right to privacy which started in birth control cases.
Griswald v. Conneticut (1965) - court found right to privacy about reproductive processes
Roe v. Wade: First landmark abortion case.
Justice Blackman said women have a right to control reproductive processes.
If 2 people agree to perform an obligation together
Joint Contract
A codicil is a written supplement to a person's will, which must be dated, signed and witnessed under the same legal rules applicable to the making of the original will, and must make some reference to the will it amends. A codicil can add to, subtract from, revoke or modify the terms of the original will. When the person dies, both the original will and the codicil are subject to the probate process and form the basis for administration of the estate and distribution of the assets of the deceased.
to be able to do, manage, or bear without serious consequence or adverse effect
to put an end to or suppress a nuisance; to annul a writ
burden of proof
the obligation to offer evidence that the court or jury could reasonably believe, in support of a contention, failing which the case will be lost.
an agreement by two or more persons to commit a crime, fraud, or other wrongful act
that which is provided or enacted in a statute, as distinguished from the preamble
involuntary manslaughter
killing with no intent to kill at all, but death was from reckless conduct
Harper v. Poway

Fact Summary: •(Harper)kid wears an anti-homosexuality t-shirt. School made him remove it.

Holding: Poway

Issues: First amendment

Reasoning: Said harper failed to prove the school violated his free speech, His t-shirt collided w
Fact Summary: •(Harper)kid wears an anti-homosexuality t-shirt. School made him remove it.

Holding: Poway

Issues: First amendment

Reasoning: Said harper failed to prove the school violated his free speech, His t-shirt collided with rights of other students.
Definition - Quantum meruit
An equitable remedy which does not arise out of a contract, but is independent of it. party may recover under quantum meruit only when there is no express contract covering the services or materials furnished.
Et Uxor
Et uxor is a Latin term meaning "and wife". It also commonly abbreviated as et ux.
to lay down or assume as a fact or principle; postulate
Power of an Attorney: General
Permitting the agent to transact all business for the principal
3 Requirements for a Valid Offer
Must be definite
Must be seriously intended
Communicated to offeree
A non-licenced person can only receive a fee for what?
protect the law and power of judge
U.S. v. Dickinson / Dickinson rule
Taking security interest in domestic relations matters
L may take obtain a security interest to secure his fee IF: 1)retainer provides that SI can be sought; 2)NOTICE provided to other spouse;3)Ct approval. BUT L can't FORECLOSE on mortg on consenting spouse's PRIMARY marital residence while still titleholder
what are the five basic precepts of christian law?
1.the source of all divine law is the character of God 2. the moral order proceeds out of the character of God 3. we are created in the image of God and therefore have significance 4. when Jesus Christ took human form, human life took on even greater significance 5. someday Jesus will judge the whole human race according to a universal standard of good and evil
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