Nick Fortune Business Law 230 September 30, 2007 Case Brief United States Court of Appeals, 4th Circuit, 1999 173 F.3d 933. Hooters of America a Georgia Corporation Plaintiff-Appellant, v. Annette R. Phillips, an individual a Resident of South Carolina, D
Chapter 3 Outline
Jurisdiction- power of a court to hear a dispute and to speak the law into a
controversy and render a verdict that is legally binding on the parties to the
Exclusive- only one court has the power to hear the
Lucy v Zehmer
Parties: Plaintiffs Lucy
Legal Claim or Defense:
Lucy met with Zehmer at Zehmers business to inquire about buying the Ferguson farm from
him. Lucy had a few drinks and some with Zehmer while they had conversation. Zeh
Administrative Agencies (Ch. 6)
The practical significance of administrative law- Administrative law is created by
administrative agencies which regulate many areas of our government, community, and
o Administrative Agencies Exist at all level
Chapter 12 Torts
The basis of tort law: wrongs and compensation
1) The purpose of tort law- the purpose of tort law is to provide remedies for acts that
cause physical injury or interfere with physical security and freedom of movement.
Chapter 20- Agency
Agency relationships- the term fiduciary is at the heart of agency law.
o Employer-Employee relationships- normally, all employees who deal with third parties
are deemed to be agents.
o Employer-independent contractor relationshi
Alternative and Online Dispute Resolution (CH. 3)
Alternative Dispute Resolution (ADR):
Negotiation- process in which parties attempt to settle their dispute informally, with ot
without attorneys to represent them.
o Attorneys frequently advise
Chapter 9 Formation of traditional and E-contracts
An overview of contract law
o Sources if Contract law- the common law governs all contracts except when it has been
modified or replaced by statutory law, such as the Uniform Commercial Code(UCC), or by
Chapter 21 Employment Relationships
Employment at will- under this doctrine, either party may terminate the employment
relationship at any time and for any reason, unless doing so violates an employees statutory or
Business Ethics (Ch.4)
Ethics- study of what constitutes right or wrong behavior. Has to do with the fairness,
justness, rightness or wrongness of an action.
Business ethics- typically looks at the decisions businesses
Watch the video at https:/www.youtube.com/watch?v=oS_GDpZM3ak. Write a 1
to 2 page paper (double spaced) identifying examples in the documentary of THREE
separate doctrines, concepts, laws, or theories addressed in Chapter 13 of our
AoL Student Workshops
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Chapter 21 Outline
Employment at will: Either party may terminate at any time for any reason, unless
contract provides to the contrary
1. Contract Theory
2. Tort Theory
3. Public Theory
4. Wrongful Discharge
1. Require 60 days of noti
Chapter 19 Outline
Classification of Corporations:
Domestic- home state
Foreign- formed in one state and doing business in another
Alien- formed in one country and doing business in another
Public- formed by government to meet political purpose
Ethics is the study of right and wrong behavior; whether an action is fair,
right or just.
In business, ethical decisions are the application of moral and ethical
principles to the marketplace and workplace.
Why Is Studying Business Ethic
Chapter 17 & 18 Outline
Advantages of Sole Proprietorship:
Disadvantages of Sole Proprietorship:
1. Personal Asset Risk
2. Lack of Continuity
Partnership- an association of two or more person to carry on as co-owners a
Chapter 6 Administrative Agencies
The Practical Significance of Administrative Law
Administrative law is created by administrative agencies which regulate many areas of
our government, community, and businesses.
A significant cost of doing business requir
Chapter 9 Formation of Traditional and E-Contracts
Overview of Contract Law
Sources of Contract Law.
Common Law for all contracts except sales and leases.
Sale and lease contracts - Uniform Commercial Code (UCC).
Definition of a Contract.
Chapter 13 Outline
Product Liability based on:
1. Negligence Based on a manufacturers breach of the reasonable standard of care
No privacy of contract required
2. Misrepresentation Must have been made knowingly or with reckless disregard for safety
Chapter 12 Outline
To provide remedies for the violation of various protected interests
Damages in Tort Actions
1. Compensatory- a money award equivalent to the actual value of injuries or
damages sustained by the aggrieved
2. Punitive- money da
Chapter 20 Outline
Criteria used by courts:
1. How much control does the employer exercise over the details of work?
2. Is the worker engaged in an occupation or business distinct from that of the
3. Is the work usually done under the employers
Chapter 18- Limited Liability business forms
The Limited Liability Company- is a hybrid that combines the limited liability aspects of a
corporation and the tax advantages of a partnership.
o The nature of the LLC
Chapter 13- Strict Liability and product liability
o Abnormally Dangerous Activities- strict liability damages proximately caused by an
abnormally dangerous, or ultra-hazardous, activity is one application of strict liabi
Chapter 22- Employment Discrimination
Title VII of the civil rights act of 1964-prohibits job discrimination against employees, applicants,
and union members.
o The Equal Employment Opportunity Commission- monitors compliance w
Chapter 21: Employment Relationships
1.) Employment at Will
Is where either party may terminate the employment relationship at any time
and for any reason, unless doing so would violate the provisions of an
employment contract or a statut
Chapter 13 Strict Liability and Product Liability Outline Holly Gaines
1.) Strict Liability
A. Prima facie- is Latin for at first sight Legally, it refers to a fact that is
presumed to be true unless contradicted by evidence.
B. Strict liability for damag
Outline Chapter 22 Holly Gaines
1. Title Seven of the Civil Rights Act of 1964- Its amendments prohibit job
discrimination against employees, applicants, and union members on the basis of
race, color, national origin, religion, and gender at any stage of
Nick Fortune October 22, 2007 Business Law 230 Chapter 6 Outline Agency Creation and Powers Congress cannot oversee actual implementation of all laws it enacts so it must delegate these tasks to others especially when highly technical areas, such as air a
Russell Gabriel Turning Pts In American History Tuesday Thursday 9:30am The Supreme Court ruling in 1896 in Plessey v. Ferguson that separate facilities for whites and blacks were constitutional encouraged the passage of discriminatory laws that wiped out
Palfreman, Jon. Review of Policy Research; Jan2006, Vol. 23 Issue 1, p23-43, 21p. 17 Apr. 2006. <http:/search.epnet.com/login.aspx? direct=true&db=aph&an=19826508> Advanced technologies like nuclear power and looming environmental threats such as global c