Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Business 1 > Class Notes Exam 1 > Flashcards

Class Notes Exam 1 Flashcards

0
Q

What happens without law

A

Self help, acquire resources based on power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Law

A

Collection of enforceable rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Historical law

A

Based on past experience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Legal realism

A

Law doesn’t exist if not enforced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Rule of law, why is it ideal?

A

Generally and equally applicable set of rules

Ideal because we have special interest groups

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

3rd circuit appellate court on federal system

A

For Pennsylvania, Nj and De

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Criminal law vs. civil law

A

Criminal law- punish and deter

Civil law - provide remedy when someone has been wronged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Statute

A

Penal code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Diversity jurisdiction

A

Go to court when multi state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Venue

A

Where cause of action arises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What suit occurs when person gives trade secrets of a company to a competitor?

A

Tort suit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Ethics

A

Philosophy studies what’s right and wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Morals

A

Values that guide our behavior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does the law incorporate?

A

Ethics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Consequentialism

A

Best benefit for greatest number of people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is important to have occur with management to instill ethical values in company?

A

Top down training of management

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

4 rewards associated with ethical behavior of companies?

A 
1 avoid legal liabilities
2 increase profit
3 satisfy and motivate employees
4 avoid costs of unethical behavior (need for unions and gov.
Regulation)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Testing animals if it benefits people is an example of?

A

Formalist prospect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Personal jurisdiction

A

Power over parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Subject matter jurisdiction

A

Court has power over issues involved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

In a diversity lawsuit when does state law apply? When does federal law apply?

A

State law when substantive

Federal law if procedural

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

You can have a diversity lawsuit when…

A

Company has place of business in same state as plaintiff

But is incorporated in different site

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What court does tort law usually go to?

A

State court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Marbury vs. Madison

A

Federal law giving Supreme court original jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Judicial restraint

A

Look for letter of law and past precedent, decide only issue
Presented

Defer to congress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

The FDA is immune…

A

From being sued usually

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Judicial activism

A

Court should look at law in context

Promote social values

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Litigation

A

Legal process through which parties resolve case using

Formal court proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Standing

A

Plaintiff is harmed so qualifies to file lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Pleadings

A

Complaint, relief party is seeking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Deposition

A

Ask plaintiff what happened

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Stipulation of facts

A

Facts that can be agreed upon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

You can’t use peremptory challenge on basis of…

A

Race

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Opening statement, when is it good?

A

Most significant part of trial b/c jury makes mind up quickly

Good when puts jury in client’s shoes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What does the attorney need to figure out in a trial before anything else?

A

Closing arguement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Res judicata

A

Final decision, can’t be appealed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

ADR, 3 methods

A

1 negotiation
2 mediation
3 arbitration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Negotiation

A

One on one discussion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Rule 11

A

Totally frivolous claims

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Binding arbitration

A

Not subject to court process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

The arbitrator resolves issues inside the…

A

Statute of limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

If arbitration occurs employees must…

A

Sign contract agreeing to arbitration

42
Q

What does taxation give the US authority to do?

A

Be able to borrow from foreign countries

43
Q

What are the 2 main purposes of the constitution?

A

1 establish authority

2 limit power in each branch of government

44
Q

What is the general gist of what article 1: section 8 says?

A

Says what the government can do, gives gov. Powers

45
Q

Interstate commerce clause

A

Power to regulate commerce between states

Ex. Federal gov. Can act when marijuana leaves colorado

46
Q

States can only step in to contracts in…

A

An extreme crisis

Ex. Foreclosing in a severe recession

47
Q

Rights

A

Property

Freedom

48
Q

Privileges

A

Permission

Most rights are actually privileges

49
Q

Why was the constitution drafted?

A

To prevent revolutions in the future

50
Q

4 types of speech not protected?

A

1 speech that starts riots, risk of catastrophe
2 obscenity (ex. Sexual harassment)
3 defamation (making false statements causing injury)
4 fighting words

51
Q

Can a public university limit freedom of speech?

2) can a private university limit freedom of speech?

A

No

2) yes

52
Q

Time, place, manner restriction

A

You can talk about it but not during period with heavy traffic

Ex. No protests during concert because may lead to
Violence

53
Q

14 Ammendment

A

Most important for businesses and human rights

54
Q

What 2 clauses does the 14th Ammendment contain?

A

1 equal protection clause

2 due process

55
Q

What is the main statement of the 14th Ammendment

A

State can’t deprive person of life, liberty and property

Without due process

56
Q

2 kinds of due process

A

1 procedural

2 substantive

57
Q

Due process: procedural

A

Fair proceeding, right of notice

58
Q

Due process: substantive

A

Law limits rights for all people

59
Q

4 examples of fundamental rights?

A

Vote, marry, privacy, travel

60
Q

Strict scutiny

A

Must be compelling state interest in relation to topic

61
Q

Banning same sex couples to marry

A

Fundamental right so shouldn’t judge

Violation of substantive due process or violation of equal
Protection clause

62
Q

If laws are not enforced there’s no issue for the supreme. Kurt because…

A

There’s no standing

63
Q

Executory contract

A

Executed contract

64
Q

4 requirements of binding contract

A

1 agreement
2 consideration
3 capacity to contract
4 legality

65
Q

Agreement

A

Mutual assent to same bargain

66
Q

Consideration

A

Promise

67
Q

Legality

A

Not illegal

68
Q

Common law

A

Precedent of cases that have been passed

69
Q

Contracts: proper formation

A

Definite offer that has been accepted

70
Q

Void

A

No contract at all

71
Q

Avoidable contract

A

Not in effect because of defense

72
Q

A real estate transfer…

A

Must be in writing

73
Q

Can an agreement count if it isn’t read?

A

Yes

74
Q

3 terms of a definite offer?

A

1 serious

2 definite terms

3 communicated to offeree

75
Q

Unjust enrichment

A

Receiving benefits when they weren’t earned and

At expense of other party

76
Q

What must occur in a quasi contract?

A

Exchange of value

77
Q

3 terms of acceptance of contract?

A

1 communication by offeree

2 mirror image rule

3 mailbox rule

78
Q

Considerations 3 things

A

1 Bargained for
2 legal
3 promise except gift

79
Q

Non compete

A

Disfavored as matter of law

Can’t be held after fired

80
Q

Promissory estoppel

A

If you promise someone something they rely upon, even
Though it’s not in the contract it’s enforced

Ex. Employer promises not to fire employee without just cause

81
Q

Estates and trusts are void if…

A

Person signs will who doesn’t have capacity

82
Q

Statute

A

Law passed by legislature

83
Q

Usury

A

Loan sharks, illegal

84
Q

2 common restrictive covenants (workplace)

A

1 confidentiality

2 solicitation

85
Q

Solicitation

A

After fired can’t contract clients

Ex. Before injunction in courts broker can contact
Clients to bring them with

86
Q

Unconscionable

A

So unfair courts won’t enforce contract

Ex. Unconscionable to expect consumers to read online
Contracts

87
Q

Exculpatory clause

A

Attempts to relieve party from liability for torts they commit

Ex. Can’t sue if you get hurt on ski resort, although in high
Case of negligence courts won’t enforce exculpatory clause

88
Q

Contracts are typically enforced in cases of…

A

Mistake or breach

89
Q

To be considered duress in pennsylvania

A

A gun must be pointed to your head

90
Q

3 contracts that must be in writing

A

1 services for one year

2 interests in land

3 promise to pay person’s debt

91
Q

Contracts 4 of rules of interpretation

A

1 plain language
2 common words given ordinary meaning
3 trade words are given meaning in industry
4 vague and ambiguous words interpreted against drafter

92
Q

Parol evidence rule

A

If written agreement anything said before written agreement

Are excluded from interpreting the agreement

93
Q

3 common exceptions to the parol evidence rule

A

1 subsequent oral agreement

2 ambiguity

3 condition precedent

94
Q

Anticipatory repudiation

A

Party doesn’t need to perform if other party stops performing

95
Q

Novation

A

Substitution of 3rd party

96
Q

Accord and satisfaction

A

Agreement to take less and payment of lesser amount

97
Q

Discharge of operation

A

Event hasn’t occurred

98
Q

Force majeurclause

A

Parties agree in advance what occurrences will discharge performance

(ex. Strike)

99
Q

Punitive damages ate never awarded for…

A

Breach of contract

100
Q

Nominal damages

A

Not actually harmed from breach of contract

101
Q

Quantum merit

A

Implied that will be paid from doing work

Ex. Terminated before collecting commission from doing
Major deal with company

102
Q

If a building is built and the plumbing and insulation are poorly done. And the dueling company promises to fix the plumbing and isolation but doesn’t, what legal action can and can’t be taken?

A

Can file in small claims court

Can’t rescind, because they did build the building
Substantial completion of contract

Legal Business 1 (25 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions