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Legal Environment of Business > SA Final > Flashcards

SA Final Flashcards

1
Q
  1. Jurisdiction
A
  1. Subject matter
    a. State: always
    b. Federal: A. Federal Q
    OR
    B. Diversity:
    . Different stat
    AND
    . > 75,000
    AND
  2. 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
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2
Q
  1. Stages of a law suit
A
  1. 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.

  1. Discovery:
    a. Deposition: answer q in front of the court
    b. Interrogatory
    c. request for documents
    d. request for medical exam
  2. Pretrial: narrow the issue and outline the trial
  3. trial:
    jury selection, presentation of cases, closing statement, jury instruction, and discussion and decision
  4. post-trial: when procedural errors are claimed
  5. appeal
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3
Q
  1. Clauses
A
  1. Supremacy clause: presumes that Fed law is prevails over States law
  2. the privileges and immunity clause: all citizens are equal
  3. Full faith and credit clause: all states recognize the laws of one another.
  4. commerce law: the source of Fed power- regulated activities that effect interstate commerce
  5. Dormant commerce Clause: Allow effect on commerce as long as it doesn’t effect other states
  6. Due process clause: can be deprived from life, liberty, and property w/o due process.
  7. Equal protection clause: those at the same institution must be treated equally
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4
Q
  1. Bill of Rights
A

.First 10 Amendments
. not absolute and can be amended
. protect you from the Gov.

  1. Freedom of religion: under establishment clause and Free Exercise clause
  2. freedom of speech: except defamation and obscenity

Fifth amendment: forbid self-incrimination

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5
Q
  1. Doing business internationally
A
  1. Importing & Exporting
  2. Doing direct sales
  3. Investing in a company abroad
  4. selling abroad
  5. producing abroad
  6. merging
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6
Q
  1. Risks of doing business abroad
A
  1. Language barrier
  2. currency barrier
  3. Not being paid
  4. Tariffs and quotas
  5. gov confescation
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7
Q
  1. Forms of intellectual property
A
  1. Trade marks: as long as they stay in bus.
  2. service marks: same as 1
  3. trade name: same as 1
  4. copy rights: book, life + 70 yrs
  5. patents: machine, 20 yrs
  6. trades secrets: formula, as long as they stay secret
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8
Q
  1. Elements of torts
A
  1. Intent
  2. Causation
  3. Damage
    - ————–
  4. Assault: immediate, reasonable apprehension, and threat
  5. Battery: contact
  6. False imprisonment: confinement
  7. Emotion distress: extreme conduct
  8. defecation: false stmt, publication
  9. Invasion of privacy: intrusion
  10. appropriation: taking s/o name, using it for profit.
  11. Fraudulent misconduct: false stmt, justifiable reliance
  12. interference in contract: contract exist, induced one party to breach.
  13. interference in bus: relationship exist, interference
  14. trespass land: invasion of land
  15. trespass personal property: harmful interference.
  16. Conversion: taking something
  17. disparagement of property: false stmt, publication
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9
Q
  1. Elements of Negligence and strict liability
A
  1. Duty of care
  2. Breach of duty of care
  3. Causation
  4. Damage
    - ———
  5. must be defective
  6. defendant must be in the business of selling the product
  7. physical harm
  8. causation
  9. product not changed
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10
Q
  1. Types of crimes
A
  1. Robbery: by force or fear
  2. Burglary: entering into the dwelling of s/o
  3. larceny: taking property
  4. arson: setting fire
  5. receiving stolen goods
  6. Forgery
  7. Obtaining goods by false pretenses: fraudulent misrep.
  8. embezzlement
  9. Bribery:
  10. money laundering
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11
Q
  1. defenses to crimes
A
  1. insanity
  2. Infancy
  3. Intoxication
  4. Mistake
  5. Statue of Limitation
  6. Necessity
  7. Entrapment and immunity
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12
Q
  1. 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
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13
Q
  1. Rights and Duties of bailee
A

rights:

  1. Be paid
  2. can use it
  3. maintain a lien (Artisan’s lien)
  4. right to limited liability.
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14
Q
  1. types of bailement
A
  1. benefit to bailor: liable for Gross negligence
  2. benefit of bailee: liable for slight negligence
  3. benefit of both: liable for ordinary negligence
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15
Q
  1. Valid offer requirements
A
  1. serious intent: no negotiation, opinion, future, ads
  2. reasonable certain terms
  3. communication of the offer
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16
Q
  1. Valid acceptance
A
  1. clear and unequivocal
  2. must mirror the offer
  3. must be made in timely manner
  4. and in appropriate manner.
17
Q
  1. Termination of offer
A
  1. revoke
  2. reject
  3. counter offer
  4. death
  5. laps of time
18
Q

9/12 dicharge (termination) of contract

A
  1. performance
  2. frustration of purpose
  3. unmet conditions
  4. breach
  5. agreement to terminate
  6. by operation of law
19
Q

Statue of fraud (must be written) types

A
  1. involves land
  2. can’t be performed in less than a year
  3. answering the debt of another person
  4. marriage
  5. sales of 500+ $
20
Q

right and duties that can’t be transferred

A

rights:

  1. when law prevents it
  2. contract prohibits it
  3. involving personal performance
  4. will add risk to the obligor

Duties:

  1. involving personal performance
  2. contract prohibits it
  3. requires special skill or and expert
  4. 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
  1. unlawful discrimination
A
  1. title 7: protect discrimination based on: race, color, nationality, religion, gender.
  2. The Age Discrimination in Employment act: against ppl 40+.
  3. Americans with disibilities act.
  4. USERRA Act: against servicemen.
24
Q

Defenses to Discrimination

A
  1. Necessity
  2. Bona fide occupational qualification
  3. Seniority
  4. Sufficient Sexual Harassment policy
  5. undue hardship
  6. Misconduct by employees

Legal Environment of Business (3 decks)

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