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Intro To Law > Final Study > Flashcards

Final Study Flashcards

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0
Q

Mediation process

A
  1. Intake
  2. Foundation
  3. Communication
  4. Problem solving
  5. Agreement creation
  6. Revisiting/ reflection
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1
Q

Advantages of ADR

A 
Faster 
Cost efficient 
Private/confidential 
Increased control preserve relationships 
Level of satisfaction
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2
Q

Arbitration

A

Parties to dispute submit their differences to a judge or an impartial person

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3
Q

Elements of a contract

A 
Capable parties - reasonable adult 
Mutual assent - agree to same thing 
Offer- clear and definite exchange 
Acceptance - performing conditions  
Consideration- both giving and getting 
Legal subject matter -
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4
Q

Quasi contracts

A

Legal agreement made by court to two parties previously not made formally

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5
Q

Detrimental reliance

A

Relied on a promise of another to your determinant

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6
Q

Assault tort

A

Actions that cause reasonable fear of intimate battery

Actions before battery

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7
Q

Battery tort

A

Intentional or harmful contract

Offensive contact

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8
Q

Trespass tort

A

Personal, real interference or encroachment on property

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9
Q

Conversion tort

A

Interference wig someone else property
Stealing and converting use
Render it unusable

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10
Q

Fraud tort

A

the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right
False claims

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11
Q

Defamation tort

A 
Publishing of a false statement that damage results 
Libel-written 
Slander- spoken 
Has to be false 
Public figure treated different
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12
Q

Defense of tort

A

Consent
Self defense
Assumption of risk
Necessity

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13
Q

Elements of negligence

A 
Duty 
Breach 
Causation
     Intervening event? 
Damage
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14
Q

Employee obligations

A 
Duty of loyalty 
Trade secrets 
Non compete clause 
   Duration 
   Scope
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15
Q

FLSA

A

Fair labor standards act
Max and min hours
Applies to hours employees not salaried

16
Q

FMLA

A 
Family medical leave act 
12 weeks unpaid 
Only applied to company with 50 or more employees 
Have to work for employer for a year
Up to 26 weeks for a serive worker
17
Q

Title 7

A

Race, color, sex, religion, national origin, genetic information
15 or more employees
Cannot hire, fire, or terms of conditions
Harassment

18
Q

Harassment types

A

Quid pro qoo- You do something for me I will do something for you
Hostile work environment- comments, atmosphere, actions, workers can alter environment

19
Q

To prove title 7 violations

A

You are a member of a protected class
You are qualified for position
You have been harmed in some way

20
Q

Defendants response to title 7

A

Non discriminatory reason
Bona fid occupation qualification- trait is necessary for job
Customer preference does not apply

21
Q

Equal Pay Act

A

For men and women to be paid the same:

Skill, effort, responsibilities, and working conditions

22
Q

Americans with Disabilities Act

A 
Capable of doing job with reasonable accommodations
Always free to hire most qualified 
Applies to 15 or more employees 
Does not pose undue hardship 
   Nature and cost of accommodation
   Overall resources of facility 
   Overall resources available 
   Business net income
23
Q

Age discrimination in employee act

A

+40

20 people

24
Q

Differences between civil and criminal

A 
State is an actor 
Private citizen cannot bring charges
Prove beyond reasonable doubt 
Criminal sanctions 
Balance of power
25
Q

Mens rea

A

Criminal intent

State of mind indicating culpability which is required by stature as an element of crime

26
Q

Actus reus

A

Act of committing crime

27
Q

Exclusionary rule

A

Prevents the government from using most evidence gathered I violation of the fourth amendment

28
Q

Ethics 1.1

A

Competence
Lawyers has to have legal knowledge and skill and thoroughness and preparation

duty to consult

Have time to prepare

29
Q

Ethics 1.3

A

Cannot miss deadline, cannot ignore case, can’t take it easy
Have to be cognizant of all case

30
Q

Ethics 1.4

A

Duty to consult
Every decision made by client
If does not follow advice can ask to withdrawal

31
Q

Ethics 1.6

A

Cannot reveal any client confidence

Exceptions

32
Q

1.6 exceptions

A

If client says you can
To prevent death or reasonably certain harm
Secure clients rights
If using your services to commit a crime

33
Q

Ethics 3.1

A

Have duty to only bring things of merit to court

34
Q

Ethics 3.3

A

Candor:the quality of being open, sincere, and honest
Cannot lie
Duty to correct
If client lies lawyer has to take action
Can refuse to offer evidence that reasonable person thinks is false

35
Q

Ethics 7.1,7.3,7.4

A

No advertising in person for monetary gain
If doing for free can do it all you want
Unless another lawyer, family close imitate relationship or former client
Has to be truthful and not misleading

Intro To Law (2 decks)

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