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Flashcards in Class Notes Exam 1 Deck (103)
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Law

Collection of enforceable rules

1

What happens without law

Self help, acquire resources based on power

2

Historical law

Based on past experience

3

Legal realism

Law doesn't exist if not enforced

4

Rule of law, why is it ideal?

Generally and equally applicable set of rules

Ideal because we have special interest groups

5

3rd circuit appellate court on federal system

For Pennsylvania, Nj and De

6

Criminal law vs. civil law

Criminal law- punish and deter

Civil law - provide remedy when someone has been wronged

7

Statute

Penal code

8

Diversity jurisdiction

Go to court when multi state

9

Venue

Where cause of action arises

10

What suit occurs when person gives trade secrets of a company to a competitor?

Tort suit

11

Ethics

Philosophy studies what's right and wrong

12

Morals

Values that guide our behavior

13

What does the law incorporate?

Ethics

14

Consequentialism

Best benefit for greatest number of people

15

What is important to have occur with management to instill ethical values in company?

Top down training of management

16

4 rewards associated with ethical behavior of companies?

1 avoid legal liabilities
2 increase profit
3 satisfy and motivate employees
4 avoid costs of unethical behavior (need for unions and gov.
Regulation)

17

Testing animals if it benefits people is an example of?

Formalist prospect

18

Personal jurisdiction

Power over parties

19

Subject matter jurisdiction

Court has power over issues involved

20

In a diversity lawsuit when does state law apply? When does federal law apply?

State law when substantive

Federal law if procedural

21

You can have a diversity lawsuit when...

Company has place of business in same state as plaintiff
But is incorporated in different site

22

What court does tort law usually go to?

State court

23

Marbury vs. Madison

Federal law giving Supreme court original jurisdiction

24

Judicial restraint

Look for letter of law and past precedent, decide only issue
Presented

Defer to congress

25

The FDA is immune...

From being sued usually

26

Judicial activism

Court should look at law in context

Promote social values

27

Litigation

Legal process through which parties resolve case using
Formal court proceedings

28

Standing

Plaintiff is harmed so qualifies to file lawsuit

29

Pleadings

Complaint, relief party is seeking

30

Deposition

Ask plaintiff what happened

31

Stipulation of facts

Facts that can be agreed upon

32

You can't use peremptory challenge on basis of...

Race

33

Opening statement, when is it good?

Most significant part of trial b/c jury makes mind up quickly

Good when puts jury in client's shoes

34

What does the attorney need to figure out in a trial before anything else?

Closing arguement

35

Res judicata

Final decision, can't be appealed

36

ADR, 3 methods

1 negotiation
2 mediation
3 arbitration

37

Negotiation

One on one discussion

38

Rule 11

Totally frivolous claims

39

Binding arbitration

Not subject to court process

40

The arbitrator resolves issues inside the...

Statute of limitations

41

If arbitration occurs employees must...

Sign contract agreeing to arbitration

42

What does taxation give the US authority to do?

Be able to borrow from foreign countries

43

What are the 2 main purposes of the constitution?

1 establish authority

2 limit power in each branch of government

44

What is the general gist of what article 1: section 8 says?

Says what the government can do, gives gov. Powers

45

Interstate commerce clause

Power to regulate commerce between states

Ex. Federal gov. Can act when marijuana leaves colorado

46

States can only step in to contracts in...

An extreme crisis

Ex. Foreclosing in a severe recession

47

Rights


Property

Freedom

48

Privileges

Permission

Most rights are actually privileges

49

Why was the constitution drafted?

To prevent revolutions in the future

50

4 types of speech not protected?

1 speech that starts riots, risk of catastrophe
2 obscenity (ex. Sexual harassment)
3 defamation (making false statements causing injury)
4 fighting words

51

Can a public university limit freedom of speech?

2) can a private university limit freedom of speech?

No

2) yes

52

Time, place, manner restriction

You can talk about it but not during period with heavy traffic

Ex. No protests during concert because may lead to
Violence

53

14 Ammendment

Most important for businesses and human rights

54

What 2 clauses does the 14th Ammendment contain?

1 equal protection clause

2 due process

55

What is the main statement of the 14th Ammendment

State can't deprive person of life, liberty and property
Without due process

56

2 kinds of due process

1 procedural

2 substantive

57

Due process: procedural

Fair proceeding, right of notice

58

Due process: substantive

Law limits rights for all people

59

4 examples of fundamental rights?

Vote, marry, privacy, travel

60

Strict scutiny

Must be compelling state interest in relation to topic

61

Banning same sex couples to marry

Fundamental right so shouldn't judge

Violation of substantive due process or violation of equal
Protection clause

62

If laws are not enforced there's no issue for the supreme. Kurt because...

There's no standing

63

Executory contract

Executed contract

64

4 requirements of binding contract

1 agreement
2 consideration
3 capacity to contract
4 legality

65

Agreement

Mutual assent to same bargain

66

Consideration

Promise

67

Legality

Not illegal

68

Common law

Precedent of cases that have been passed

69

Contracts: proper formation

Definite offer that has been accepted

70

Void

No contract at all

71

Avoidable contract

Not in effect because of defense

72

A real estate transfer...

Must be in writing

73

Can an agreement count if it isn't read?

Yes

74

3 terms of a definite offer?

1 serious

2 definite terms

3 communicated to offeree

75

Unjust enrichment

Receiving benefits when they weren't earned and
At expense of other party

76

What must occur in a quasi contract?

Exchange of value

77

3 terms of acceptance of contract?

1 communication by offeree

2 mirror image rule

3 mailbox rule

78

Considerations 3 things

1 Bargained for
2 legal
3 promise except gift

79

Non compete

Disfavored as matter of law

Can't be held after fired

80

Promissory estoppel

If you promise someone something they rely upon, even
Though it's not in the contract it's enforced

Ex. Employer promises not to fire employee without just cause

81

Estates and trusts are void if...

Person signs will who doesn't have capacity

82

Statute

Law passed by legislature

83

Usury

Loan sharks, illegal

84

2 common restrictive covenants (workplace)

1 confidentiality

2 solicitation

85

Solicitation

After fired can't contract clients

Ex. Before injunction in courts broker can contact
Clients to bring them with

86

Unconscionable

So unfair courts won't enforce contract

Ex. Unconscionable to expect consumers to read online
Contracts

87

Exculpatory clause

Attempts to relieve party from liability for torts they commit

Ex. Can't sue if you get hurt on ski resort, although in high
Case of negligence courts won't enforce exculpatory clause

88

Contracts are typically enforced in cases of...

Mistake or breach

89

To be considered duress in pennsylvania

A gun must be pointed to your head

90

3 contracts that must be in writing

1 services for one year

2 interests in land

3 promise to pay person's debt

91

Contracts 4 of rules of interpretation

1 plain language
2 common words given ordinary meaning
3 trade words are given meaning in industry
4 vague and ambiguous words interpreted against drafter

92

Parol evidence rule

If written agreement anything said before written agreement
Are excluded from interpreting the agreement

93

3 common exceptions to the parol evidence rule

1 subsequent oral agreement

2 ambiguity

3 condition precedent

94

Anticipatory repudiation

Party doesn't need to perform if other party stops performing

95

Novation

Substitution of 3rd party

96

Accord and satisfaction

Agreement to take less and payment of lesser amount

97

Discharge of operation

Event hasn't occurred

98

Force majeurclause

Parties agree in advance what occurrences will discharge performance

(ex. Strike)

99

Punitive damages ate never awarded for...

Breach of contract

100

Nominal damages

Not actually harmed from breach of contract

101

Quantum merit

Implied that will be paid from doing work

Ex. Terminated before collecting commission from doing
Major deal with company

102

If a building is built and the plumbing and insulation are poorly done. And the dueling company promises to fix the plumbing and isolation but doesn't, what legal action can and can't be taken?

Can file in small claims court

Can't rescind, because they did build the building
(Substantial completion of contract)