SA Final Flashcards
1
Q
- Jurisdiction
A
- Subject matter
a. State: always
b. Federal: A. Federal Q
OR
B. Diversity:
. Different stat
AND
. > 75,000
AND - Personal Jurisdiction
( States and Federal- sufficient respective contact)
a. lives there
b. harm incurred there
c. contract signed there
d. Defendant have bus there
e. Defendant present there
2
Q
- Stages of a law suit
A
- Pleadings: complaint and answer
a. Serve the supeana:
personally, or sheriff.
b. response:
a. do nothing
b. respond: mail it in
c. counter claim, affirmative defense, motion to dismiss.
- Discovery:
a. Deposition: answer q in front of the court
b. Interrogatory
c. request for documents
d. request for medical exam - Pretrial: narrow the issue and outline the trial
- trial:
jury selection, presentation of cases, closing statement, jury instruction, and discussion and decision - post-trial: when procedural errors are claimed
- appeal
3
Q
- Clauses
A
- Supremacy clause: presumes that Fed law is prevails over States law
- the privileges and immunity clause: all citizens are equal
- Full faith and credit clause: all states recognize the laws of one another.
- commerce law: the source of Fed power- regulated activities that effect interstate commerce
- Dormant commerce Clause: Allow effect on commerce as long as it doesn’t effect other states
- Due process clause: can be deprived from life, liberty, and property w/o due process.
- Equal protection clause: those at the same institution must be treated equally
4
Q
- Bill of Rights
A
.First 10 Amendments
. not absolute and can be amended
. protect you from the Gov.
- Freedom of religion: under establishment clause and Free Exercise clause
- freedom of speech: except defamation and obscenity
Fifth amendment: forbid self-incrimination
5
Q
- Doing business internationally
A
- Importing & Exporting
- Doing direct sales
- Investing in a company abroad
- selling abroad
- producing abroad
- merging
6
Q
- Risks of doing business abroad
A
- Language barrier
- currency barrier
- Not being paid
- Tariffs and quotas
- gov confescation
7
Q
- Forms of intellectual property
A
- Trade marks: as long as they stay in bus.
- service marks: same as 1
- trade name: same as 1
- copy rights: book, life + 70 yrs
- patents: machine, 20 yrs
- trades secrets: formula, as long as they stay secret
8
Q
- Elements of torts
A
- Intent
- Causation
- Damage
- ————– - Assault: immediate, reasonable apprehension, and threat
- Battery: contact
- False imprisonment: confinement
- Emotion distress: extreme conduct
- defecation: false stmt, publication
- Invasion of privacy: intrusion
- appropriation: taking s/o name, using it for profit.
- Fraudulent misconduct: false stmt, justifiable reliance
- interference in contract: contract exist, induced one party to breach.
- interference in bus: relationship exist, interference
- trespass land: invasion of land
- trespass personal property: harmful interference.
- Conversion: taking something
- disparagement of property: false stmt, publication
9
Q
- Elements of Negligence and strict liability
A
- Duty of care
- Breach of duty of care
- Causation
- Damage
- ——— - must be defective
- defendant must be in the business of selling the product
- physical harm
- causation
- product not changed
10
Q
- Types of crimes
A
- Robbery: by force or fear
- Burglary: entering into the dwelling of s/o
- larceny: taking property
- arson: setting fire
- receiving stolen goods
- Forgery
- Obtaining goods by false pretenses: fraudulent misrep.
- embezzlement
- Bribery:
- money laundering
11
Q
- defenses to crimes
A
- insanity
- Infancy
- Intoxication
- Mistake
- Statue of Limitation
- Necessity
- Entrapment and immunity
12
Q
- Right and duties of bailors
A
Rights: 1. have the property protected 2. ... returned 3. ... not altered 4. ... repaired and serviced Duties: 1. compensate the bailee 2. advice the bailee of deflects in property
13
Q
- Rights and Duties of bailee
A
rights:
- Be paid
- can use it
- maintain a lien (Artisan’s lien)
- right to limited liability.
14
Q
- types of bailement
A
- benefit to bailor: liable for Gross negligence
- benefit of bailee: liable for slight negligence
- benefit of both: liable for ordinary negligence
15
Q
- Valid offer requirements
A
- serious intent: no negotiation, opinion, future, ads
- reasonable certain terms
- communication of the offer
16
Q
- Valid acceptance
A
- clear and unequivocal
- must mirror the offer
- must be made in timely manner
- and in appropriate manner.
17
Q
- Termination of offer
A
- revoke
- reject
- counter offer
- death
- laps of time
18
Q
9/12 dicharge (termination) of contract
A
- performance
- frustration of purpose
- unmet conditions
- breach
- agreement to terminate
- by operation of law
19
Q
Statue of fraud (must be written) types
A
- involves land
- can’t be performed in less than a year
- answering the debt of another person
- marriage
- sales of 500+ $
20
Q
right and duties that can’t be transferred
A
rights:
- when law prevents it
- contract prohibits it
- involving personal performance
- will add risk to the obligor
Duties:
- involving personal performance
- contract prohibits it
- requires special skill or and expert
- needed trust and secrecy
21
Q
damages calculation
A
does this put me in the same position I would have been had the contract performed
22
Q
13Agency Liability
A
when employees mess up.
by contract or tort. Agency by estople
They are liable to a tort: as long as they are within the scope of their employment
detour (I’m liable) and frolic (not liable)
23
Q
- unlawful discrimination
A
- title 7: protect discrimination based on: race, color, nationality, religion, gender.
- The Age Discrimination in Employment act: against ppl 40+.
- Americans with disibilities act.
- USERRA Act: against servicemen.
24
Q
Defenses to Discrimination
A
- Necessity
- Bona fide occupational qualification
- Seniority
- Sufficient Sexual Harassment policy
- undue hardship
- Misconduct by employees
