Final Exam Flashcards
What are the four elements of a contract?
- legality
- agreement
- consideration
- contractual capacity
5 types of contracts (statute of frauds):
- Land or real estate
- Sale of goods over 500 dollars
- cannot be performed in a year
- collateral
- prenuptials
Classification of tortes:
- intentional
- unintentional (negligence)
- strict or product liability
Elements of negligence:
- duty of care
- breach of duty
- causation
- damages or injury
Burden of proof - criminal:
beyond a reasonable doubt
Burden of proof - civil case:
preponderance of the evidence
There is going to be a breach because the breaching party told you:
anticipatory repudiation
When contract is discharged:
- completed
- material breach
- recission
Difference between legal equity remedies:
- Plaintiffs (injured party initiating the lawsuit)
- Defendants (allegedly caused injury)
What qualifies as freedom of speech?
- symbolic speech, including gestures, movements, articles of clothing
Jurisdictions:
- Jurisdiction over person or property
- Jurisdiction over subject matter
- Original or appellate jurisdiction
- Jurisdiction of the federal courts
- Exclusive verses concurrent jurisdiction
Types of dispute resolutions:
- arbitration
- mediation
- negotiation
Difference between libel and slander:
- Libel –> statement that is written defamation
- Slander –> statement that is oral defamation
What type of intellectual property does a design fall under?
Pictorial, graphic and sculptural works
What constitutes trademark infringement?
unauthorized use of a trademark or service mark on or in connection with goods or services
What is the constitution of robbery?
taking anothers property
What is hacking?
gaining unauthorized data from a computer or another system
What is the definition of duty based ethics?
ethical philosophy rooted in idea that every person has certain duties to others including humans and planets
What is the moral minimum?
minimum level of ethical behavior expected by society, which is usually defined as compliance with law
What is utilitariansim?
determination of which individuals will be affected by action in question
What is a defense to the terms of a contract?
- voluntary consent
- form
What constitutes the consideration?
- a promise to do something that one has no prior legal duty to do
- the performance of an action that one is otherwise not obligated to undertake
- the refraining from an action that one has a legal right to undertake
What is an unconsionable contract?
if a contract is unfair to one party in a way that. suggests abuse during its formation
What is required in a written contract?
- interest in land
- cannot be preformed within a year from the day after the date of the formation
- collateral or secondary contracts
- consideration of marriage
- sale of goods priced at $500 or more
