Exam - 2 Flashcards
(26 cards)
Discuss a scenario using the overall rule of employment law
Employment is “at will” of both the employer and employee
What does Title VII protect employees on?
Race, Sex, Religion
Disparate Impact
Unintentional negative effect that comes from an intended neutral policy or rule
(height requirment on ride)
Disparate Treatment
Discrimination that occurs when an individual is treated differenlty (Race)
What is the difference between Disparate Treatment and Disparate Impact?
The difference lies in the intention of the behavior
Discuss the date of a check
A check can not be cashed without the correct date
Check pt.2
A check 90 days past due is considered as overdue
Discuss the two numerical values on a check and which gets paid
A numerical value and written value are provided by the check-maker. If the two values are different, the written value is what gets paid.
Four elements of a gift
*Donor’s Immediate intent to transfer
* Donor’s Delivery
* Donee’s acceptance
* No strings attached
What is fee absolute simple?
Full interest is in land
What is life estate and remainderman?
A life interest and the eventual fee simple owner. Upon death, a remainderman receives the estate
What is partition action?
Ability to get court order on your interest in the land
Who has the liability in a tenant area?
The landlord has liability in common areas, latent defects, and public use
Discuss general rules and exceptions to the liability
The tenant throws a party which results in damage to the common areas.
Explain UCC as it relates to contracts
Deals with:
* Merchants - routinely deal in this type of good
* Goods - $500 or over
* Signed by defendant (normally)
* Parties intend to contract
Explain K=A+O+C
Contract = Offer+Acceptance+Consideration
The offer is the offeror or offeree. The acceptance comes from the offeree. The consideration in the items being exchanged (such as socks for a mug)
What is Uniform Commercial Code (UCC)?
Governs transactions of goods and tangible objects,
What is Common Law?
Governs transactions involving real estate, services, employment, insurance, and intangible assets
Give two examples of capacity issues related to a valid contract
Being a minor and under the influence of substances
Name two contracts that must be in writing
Land and agreement to repay a debt
Is the international court of law/justice important?
No, it has only seen 200 international cases in 70 years
Name and explain four choices related to international contracts
Choice of law: which nations law governs the contract
* Choice of forum: the location where the case will be heard
* Choice of language: the language of the contract
* Choice of currency: the currency the contract would be exchange
Explain Cap and Trade
Government sets a limit (cap) on the total amount of pollution allowed, then issues permits (allowances) to companies that can be bought and sold
Why did Trump refuse to join the Paris Accord?
It would undermine and disadvantage the US economy
