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Contracts, Liability, and Ethics > Exam I > Flashcards

Exam I Flashcards

(98 cards)

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1
Q

Juror

A

Member of Jury

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2
Q

How do architects and engineers get involved in the court system?

A

Expert witnesses, contracts, local rules & regulations

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3
Q

Civil Law

A

Regulates private rights of individuals

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4
Q

Criminal Law

A

Regulates individuals’ conduct to protect public

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5
Q

How does civil law affect construction?

A

Governs contract language
Aids dispute resolution
protects workers, consumers, and homeowners from unethical practices

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6
Q

How does criminal law affect construction?

A

Curtails theft/violence
ensures safety

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7
Q

Main sources of law:

A

Constitutions
Laws by Legislature
Court Decisions by Judiciary

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8
Q

What source of law would provide licensing board regulations and zoning?

A

Laws by legislature

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9
Q

What source of law is a general framework?

A

Constitution

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10
Q

What source of law would provide common laws relating to contracts, torts, property, and crime?

A

Court decisions by Judiciary

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11
Q

Federal laws…

A

Regulate currency, taxes, patents, bankruptcy, construction worksite safety

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12
Q

State laws…

A

Regulate criminal laws
Determine which contracts to enforce
Regulation of who can be a professional (A/E/B)

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13
Q

US Constitution regulates power among:

A

Branches of government (legislative, executive, and judicial)
Federal and state government
All governments and their citizens

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14
Q

If state and federal laws conflict, which trumps?

A

Federal

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15
Q

What is a statue?

A

Law passed by legislature and signed and executed by executive branch

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16
Q

What are some things statues regulate in construction?

A

Who may build a building
What may be built
Where it may be built
Content of contracts
Litigation process

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17
Q

Housing and building codes control:

A

Quality of construction

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18
Q

Licensing and registration laws determine:

A

Who designs and builds

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19
Q

An example of a statue that has been adopted by 50 states is:

A

Uniform commercial code

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20
Q

Uniform Commercial Code:

A

Set of laws governing all commercial transactions in US

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21
Q

Article 2 in the UCC regulates:

A

Sale of materials and supplies in a construction project

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22
Q

What is judicial review?

A

Power of courts to review actions of government entities

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23
Q

3 powers of judicial review:

A

Review of actions by executive and legislative branches
Grant remedies for law violations
Make decisions that establish precedent

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24
Q

What is common law?

A

Judge-made law

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25
3 main levels of federal court system:
Disctrict courts Circuit courts of appeals US supreme court
26
3 main levels of state court system:
Trial courts Appeallate courts Supreme court
27
What is litigation?
Process of settling a dispute in a court
28
In order to resolve a dispute in the court system, litigant must file a claim called:
Lawsuit
29
The jury's decision on a lawsuit is called:
Verdict
30
The court's ruling on a lawsuit is called:
Judgement
31
What are the two options a litigant can ask for to have their lawsuit resolved?
A judge or 12-person jury
32
This court is a 3-judge panel and issues an opinion
Appellate court
33
Who is appellant?
Party disagreeing with the judgement
34
Who is respondent?
Party wanting to uphold the trial court decision against the appellant
35
What were some difficulties with litigation during covid?
Challenges of virtual representation of clients Delay of jury trials
36
What are ethics?
Morals and customs of conduct
37
When does a profession need to be recognized by the state?
When public's health, safety, and welfare is involved
38
Are registered engineers charged with upholding laws and rules? If so which ones?
Yes, ones that include professional conduct and ethics
39
What are some ethical situations engineers and people in construction face?
Professional responsibility Moral upbringing Sound judgement vs financial or political pressure Safeguard reputation Avoid conflicts of interest
40
What is moral authority?
Ability to think independently and rationally about ethics
41
Briefly describe Agnew case study
He was a civil engineer and lawyer, who became county executive. He gave an edge to firms who paid him for receiving contracts. Parties who paid him served prison terms, he served probation
42
What is a contract?
Binding agreement, usually between 2 parties
43
What is contract of adhesion?
A contract in which one of the parties has disproportionate bargaining power
44
What is an example of contract of adhesion?
Electricity. You may not like the bill but there's no other options
45
List some of the parties engineers make contracts with:
Clients Consultants Employees Landlords Seller of Goods
46
List some of the parties contractors make contracts with:
Clients Subcontractors Suppliers Employers and employees Engineering consultants Insurance and bonding companies
47
What are some things that make a contract legally enforceable?
Offer & Acceptance Consideration Certainty Legality Legal Capacity Free Consent
48
What is promisor?
Party making the promise
49
What is promise?
Party to whom the promise is made
50
What is offeror?
Party making the offer
51
What is offeree?
Party to whom offer is made
52
What is offer in contract formation law?
An offer with terms that when accepted by offeree, creates a legally enforceable contract
53
What is counteroffer?
Offer terminating original offer
54
What is mutual assent?
Meeting of the minds; each party agrees on the same thing
55
What is contract consideration?
Something of legal value is given in exchange for a promise
56
What is bargaining?
Exchange of promises of obligations
57
Do courts examine the fairness of a bargain?
No
58
What are some common forms of consideration?
Tangible payment Performance of an act
59
What are some things that make a contract unenforceable even if there's an offer, acceptance, and consideration?
Fraud Mistake Unconscionability Economic Duress
60
What is unconscionability?
So unfair or one-sided that it shocks the conscience of judge
61
What is economic duress?
1 party exerts pressure beyond permissible bargaining, other party agrees b/c there's no other choice
62
What is a unilateral contract?
A one-to-all contract Ex: X promises reward to anyone who will find his lost wallet
63
What is a bilateral or unilateral contract?
Promise by one party exchanged for promise by another party Ex: sales of goods contract
64
3 most common business association types in construction industry:
Sole Proprietorship Partnership Corporation
65
What is sole proprietorship?
1 person business
66
What are some business association types other than the most common 3?
Limited liability Joint ventures Unincorporated Associations
67
What is a partnership?
2+ Persons are co-owners of business
68
What are some qualities of sole proprietorship?
Informal creation and operation Liable personally for all debt Taxes on sole proprietor's income Discontinues upon death
69
What governs the rights and duties of partners in a partnership?
Uniform partnership act
70
(True/False) General partnership allows creditors to go after individual assets of any of the partners
True
71
(True/False) Limited partners added to raise capital but do not participate in management and are personally liable for debts
False, not liable
72
What could end a partnership?
Death of a partner Bankruptcy Withdrawal from the partnership Court order
73
Corporations are created by:
Contracts
74
Corporations are legal entities, which means they can:
Take, hold, or convey property Sue or be sued Managed by a board of directors Profits and losses within the name of corp.
75
(True/False) Intermingling personal money with corporation's money can pierce the corporate veil (someone can get through to the shareholder)
True
76
What two types of taxes do corporations pay?
Income tax on money earned Shareholders pay income tax on dividends
77
Are non-profit corporations tax exempt?
Yes
78
What is a limited liability company (LLC)?
Hybrid of corps and partnerships; has pass-through income tax benefits of partnership, and has limited liability protections of a corp
79
What is limited liability partnership (LLP)?
liability only of the LLP, not the joint and several liability of partners in a partnership
80
What is a joint venture?
2+ entities who associate, usually for 1 specific project
81
What is the most common way joint ventures are structured?
One firm assumes management role, rest provide financial support
82
How are profits and losses shared in a joint venture?
Based upon percentage of partnership
83
What is the purpose of agency law?
Ensures third parties will be able to contract through an agent, and it will be enforceable
84
What / Who is a fiduciary?
A person or an organization making financial decisions on behalf of another, obligated to act in their best interest
85
What is a fiduciary relationship?
One party places trust and confidence in another who is to act for the benefit of the other
86
Actual authority
Principal to make the authority of agent clear to third parties
87
Apparent authority
Principal manifests to third parties that agent has authority (Business cards, forms, stationary, etc.)
88
How can an authority be terminated?
specific period of time consent to terminate b/w principal and agent
89
What is a dispute?
Disagreement between two parties
90
A breach of contract claim includes:
Formation of contract Breach of contract Causation Damages
91
What is a breach of contract?
Failure to perform in the time or manner required
92
What needs to be proven for a breach of contract case to not be dropped?
Causation Can be proven through daily reports, logs, etc.
93
What are the possible judgements that a court could order if a party prevailed in a lawsuit?
Monetary awards Specific performance Injunction Mechanic's Lien
94
What is a mechanic's lien?
Guarantee of payment to builders, contractors, and construction firms
95
What could a party pay in damages?
Actual costs Overhead Profit Attorney and expert fees
96
Tort Law
Civil wrong against another party, outside of contract
97
What are some example situations where tort law would be applicable?
Injured workman on site Damage to adjacent property Automobile accident
98
What are the three main functions of tort law?
Compensate injured victims Deter unsafe behavior Punish wrongful acts

Contracts, Liability, and Ethics (9 decks)

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