Class Notes Exam 1 Flashcards
(103 cards)
0
Q
What happens without law
A
Self help, acquire resources based on power
1
Q
Law
A
Collection of enforceable rules
2
Q
Historical law
A
Based on past experience
3
Q
Legal realism
A
Law doesn’t exist if not enforced
4
Q
Rule of law, why is it ideal?
A
Generally and equally applicable set of rules
Ideal because we have special interest groups
5
Q
3rd circuit appellate court on federal system
A
For Pennsylvania, Nj and De
6
Q
Criminal law vs. civil law
A
Criminal law- punish and deter
Civil law - provide remedy when someone has been wronged
7
Q
Statute
A
Penal code
8
Q
Diversity jurisdiction
A
Go to court when multi state
9
Q
Venue
A
Where cause of action arises
10
Q
What suit occurs when person gives trade secrets of a company to a competitor?
A
Tort suit
11
Q
Ethics
A
Philosophy studies what’s right and wrong
12
Q
Morals
A
Values that guide our behavior
13
Q
What does the law incorporate?
A
Ethics
14
Q
Consequentialism
A
Best benefit for greatest number of people
15
Q
What is important to have occur with management to instill ethical values in company?
A
Top down training of management
16
Q
4 rewards associated with ethical behavior of companies?
A
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
Q
Testing animals if it benefits people is an example of?
A
Formalist prospect
18
Q
Personal jurisdiction
A
Power over parties
19
Q
Subject matter jurisdiction
A
Court has power over issues involved
20
Q
In a diversity lawsuit when does state law apply? When does federal law apply?
A
State law when substantive
Federal law if procedural
21
Q
You can have a diversity lawsuit when…
A
Company has place of business in same state as plaintiff
But is incorporated in different site
22
Q
What court does tort law usually go to?
A
State court
23
Q
Marbury vs. Madison
A
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
