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4 Definitions
Preview of Terms
Duty
Right
Legal right is a
correlative of the term
legal duty. A person
has a legal right if,
upon the breach of te
corresponding legal
duty, that person can
secure a remedy in a
judicial proceeding.
Slight neg
Ordinary Neg
ordinary care
Gross Neg
Re Ipsa Loquitor
neg imposed on a
defendant based on a
presumption of neg.
The thing speaks for
itself, rebuttable
presumption that a
defendant was neg.
Neg per se
Negligence shown
through the violation
of a statute or
ordinance. or fails to
act
Actual Cause
Proximate Cause
Affirmative defenses
Description
Exam II
Preview of Terms
Legislative
makes laws
Executive
Enforces/Administers
Laws
Judicial
interprets
Cases
U.S. v. Nixon...Clinton
v. Jones...Bush v. Gore
Constitutional Judicial
Review
Determining whether
laws/actions violate
the Constitution
Judicial Review
Interpreting
(determining the
meaning of) laws
Interstate Commerce
Commerce between
two or more states
Interstate Commerce:
Within a State (Cases)
Wickard v.
Filburn...Heart of
Atlanta Motel v. U.S...
Katzenbach v.
McClung
Guidelines for
Interpreting
Constitutional Rights
1. Constitutional rights
are not absolutes
2. Constitutional
issues involve a
weighing process
between competing
policies
3. Constitutional rights
are variable from time
to time
4. Constitutional rights
protect the minority
from the majority
And 20 more
Description
Legal Environment of Business
Preview of Terms
Chapter 1: Law
...
Law influences...
Creation of a
corporation
Liability of owners
for business debts
Responsibilities of an
employer toward
employees
Use of property
owned by business to
produce product
Income taxes a
business must pay
Liability of owners
for business debts
Impact on business
when one owner dies
Law
3 Categories of Law
Legislative Law
Judicial
Pronouncements
Procedural Law
Legislative Law
Judicial
Pronouncements
Procedural Law
Substantive Law
Public Law
Constitutional Law
Preview of Terms
Law
Legislative Law
Judicial
Pronouncements
statements made by
courts. They can be
interpretations of
statutes, or they can be
based on common law
principles that were
created by the courts
decades or centuries
ago
Procedural Law
Substantive Law
Public Law
Constitution Law
Administrative Law
Criminal Law
And 70 more
Description
Exam 3
Preview of Terms
Tort
person; property;
intangible
interests
Battery
Negligence
Theft
Tortus
Crooked; twisted
Tort liability
Intentional Tort
Strict liability
money
*Punishment in intentional
torts is _____
And 52 more
Preview of Terms
contracts
a legally enforceable
agreement; are
subjects of agreements
social agreements
unclean hands
doctrine
if you've done
something wrong,
court will not give you
remedy
pre-nups
must be in writing,
signed and in the
presence of 2
witnesses
essentials of a contract
1. agreement
2. obligation
agreement
manifestiation of
mutual assent, by
words or in writing
express (contract)
agreement manifested
in words (oral or
written)
implied (contract)
agreement manifested
by conduct
(ex. dental
appointment)
- must be implied
reasonably
unilateral (contract)
And 43 more
Description
Rubinas
Preview of Terms
Jeffrey Skilling
CEO of Enron
Ken Lay
Founder of Enron
Andy Fastow
CFO of Enron
A body of rules of
action prescribed by
the controlling
authority, and having
legal binding force
Law
Rules enacted by a
government authority
that govern individuals
and relationships in
society
Public Law
Enacted by an
authorized
government body
Private Law
Enacted by private
individuals
(EX: a lease
agreement)
Criminal Law
Civil Law
Wrongs against
individuals
Substantive Law
And 32 more
Preview of Terms
Tort
intentional tort,
negligence, and strict
liability
Assault
Battery
intentional touching of
another person
without consent or
justification
Express consent
consent by words
Implied consent
consent by conduct
Informed consent
i.e., medical
procedures
abuse of process
Slander
oral defamation
And 25 more
Preview of Terms
do minors have the
right to disaffirm a
contract?
yes
voidable contracts
social or economic
issues. you have to
prove them.
void contracts
sole proprietorship,
partnership, limited
partnership, llc, llp
lease, mortgage,
easement (right to use
property), loan, roof
repair, anything with
real estate,
insurance/employee
contracts
yes
no
when a counteroffer is
made, there is no
longer a contract
acceptances
And 21 more
Description
Business Law Final Exam
Preview of Terms
Types of Contracts:
Bilateral
A promise for a
promise
Types of Contracts:
Unilaterl
2 areas of application
Deminimis
Apportionment
Preponderence
Is it mostly a good or
mostly a service?
3 parts to contract:
Identfication of the
parties time for
performance (date)
subject matter of
composed exchange
price I.E. "Paycheck"
Duration of Contract:
Description
These terms are verbatim from the Target Copy from Spring 2013 and include extensive notes
Preview of Terms
No Mens Rea
person is innocent
Insanity
Person is unaware of
their doings
M'Naghten Rule
it is the right/wrong
test that states
whether or not a
person is incapable of
deciding the two due
to mental defects
Whom is involved in a
federal case?
Meaning of
Reasonable Doubt
not a possible,
speculative, or
imaginary doubt. A
reasonable doubt as to
the guilt of the
defendant may arise
from evidence, lack of
evidence, or conflict in
the evidence
In criminal trials, in
order for the
defendant to win,
They must be
completely innocent
Components of Civil
Law
-Wrong against
individual
-Plaintiff vs.
Defendant
-Lawsuit
-"By a Preponderance
of the evidence"
-The person assumes
liability
-Penalty is a fine
Components of
Criminal Law
-Wrong against a
society
-State vs. Defendant
-Prosecution
-"Beyond Reasonable
Doubt"
-The person is guilty
or innocent
-Penalty is fine, jail, or
death
Reardon robbed a
bank and pleaded not
guilty on the basis of
insanity. He was found
not guilty because the
prescription medicine
he was taking made
him temporarily
insane. He was not
sent to a mental
institution because he
was not a harm to
himself or others at
the time of trial.
And 24 more
Preview of Terms
Tort
is a wrongful act
committed by one
to compensate
Plaintiffs for their
losses
Intentional tort
Negligence
Failure to do that
which an ordinary,
reasonable, prudent
person would do, or
the doing of some act
that an ordinary,
prudent person would
not do
Strict Liability
Compensatory
Damages
of a legal duty
Economic (Special
Damages)
easily calculated
(medical expenses,
past, present and
future lost wages, loss
of earning capacity,
property
Non-Economic
(General Damages)
Punitive Damages
Damages imposed to
punish defendants for
committing
intentional torts and in
some states, in in
negligence if the
defendant's wanton
conduct is "grossly
negligent" (dangerous
negligent conduct) or
actions are "willful and
wanton" and
consciously disregard
the interests of others.
And 14 more
Preview of Terms
Legislative
Makes laws
Executive
Enforces/administers
laws
Judicial
Interprets laws
U.S. v. Nixon
US SUPREME COURT
ruled 9-0 and Nixon
had to give over tapes
and he resigned the
next day
Clinton v. Jones
Constitutional Judicial
Review
Determining whether
laws/actions violate
the Constitution
Judicial Review
Interpreting
(determining the
meaning of) laws
INTERstate
Commerce
Commerce between
two or more states
And 60 more
Description
Study materials for BUL3310
Preview of Terms
Carrier
Originality
Requirements of
Copyright
1.Must be an
intellectual endeavor
that is not coped from
others.
2. Exhibit a minimal
amount of creativity
1. Original
2. Fixed in a tangible
medium of expression
Copyright Ownership
-Original
Owner has to be the
author who fixes in a
tangible, medium of
expression and
original
"Work for hire": if you
commission a person,
you own the copyright
not them
Defined Contributory
Plan
Scope of 2-102
(Requirements under
UCC)
Do parties intend to
contract? Can court
give remedy? If there's
a quantity, it can be
figured out under this
Copyright Defense
Ratification
Occurs when a
principal affirms an
agent's unauthorized
act. Opening a person
mail
Preview of Terms
Employment At-Will
Doctrine
Express Agreement of
Employment
An express agreement
of employment for a
set duration of time is
a type of employment
arrangement
Implied Contract
Exception
Public Policy
Employees cannot be
fired for filing a
worker's
compensation claim
and specifically for
reporting employer
wrongdoing.
"Whistleblowing"
statutes provide
protecting from
termination for an
employee who reports
alleged wrongdoing by
an employer to a
government agency.
Preview of Terms
Minors and Contracts
Majority Rule
If a contract is
disaffirmed, the minor
must return
"remaining property"
(if any).
Minority Rule
If a contract is
disaffirmed, the minor
must return ALL
property
Ratification
A contract is ratified
by a minor if the
consideration is
retained for an
unreasonable time
after majority. Some
courts have also found
that ratification can
also result from
acceptance of benefits
incidental to
ownership, such as
rents, dividends, or
interest
Exceptions to
ratification
Habitual Drunkards
Intoxication in Other
Cases
Persons Under
Guardianship
Any contracts of a
person under
guardianship are
VOID and are of no
legal effect.
Contracts of Those
Who Claim Mental
Incompetence
And 15 more
Preview of Terms
Legislation
Makes Laws
(Congress/state
legislature)
Executive
Enforces/administers
law (governor/admin
agencies/president)
Judicial
Interprets laws
(courts-judges)
US vs Nixon
Clinton vs Jones
Bush vs Gore
Constitutional Judicial
Review
Determining whether
laws/actions violate
the constitution
Judicial Review
Interpreting
(Determining the
meaning) laws
Interstate Commerce
Commerce between 2
states
Commerce clause
power to regulate
commerce with foreign
nations and among
several states
(congress deals with it)
And 58 more
Preview of Terms
Bill of Rights
The national
government is
composed of three
separate branches: the
executive, the
legislative, and the
judicial branches.
Each branch of the
government exercises
a check on the actions
of the others.
Commerce Clause
The provision in
Article I, Section 8, of
the U.S. Constitution
that gives Congress the
power to regulate
interstate commerce.
Equal Protection
Clause
Fourteenth
Amendment to the
Constitution that
guarantees that no
state will "deny to any
perosn within its
jurisdiction the equal
protection of the laws."
This clause mandates
that state governments
treat similarly situated
individuals in a similar
manner.
Establishment Clause
Federal Form of
Government
A system of
government in which
the states form a union
and the sovereign
power is divided
between a central
government and the
member states.
Filtering Software
A computer program
that includes a pattern
through which data
are passed. When
designed to block
access to certain Web
sites, the pattern
blocks the retrieval of
a site whose URL or
key words are on a list
within the program.
And 8 more
Preview of Terms
Adjudication
The process of
resolving a dispute by
presenting evidence
and arguments before
a neutral third party
decision maker in a
court or an
administrative law
proceeding.
Administrative Law
Judge
Bureaucracy
A large organization
that is structured
heirarchically to carry
out specific functions.
Delegation Doctrine
A doctrine based on
Article I, Section 8, of
the U.S. Constitution,
which has been
construed to allow
Congress to delegate
some of its power to
make and implement
laws to administrative
agencies. The
delegation is
considered to be
proper as long as
Congress sets
standards outlining
the scope of the
agency's authority.
Enabling Legislation
A statute enacted by
Congress that
authorizes the creation
of an administrative
agency and specifies
the name,
composition, purpose,
and powers of the
agency being created.
Final Order
Initial Order
An agency's
disposition in a matter
other than a rule
making. An ALJ's
initial order becomes
Legislative Rule
Notice-and Comment
Rulemaking
A rule-making
procedure that
involves the
publication of a notice
of a proposed rulemaking in the Federal
Register, a comment
period for interested
parties to express their
views on the proposed
rule, and the
publication of the
agency's final rule in
the Federal Register.
Rulemaking
The process
undertaken by an
administrative agency
when formally
adopting a new
regulation or
amending an old one.
It involves notifying
the public of a
proposed rule or
change and receiving
and considering the
public's comments.
Preview of Terms
Acceptance
A "standard-form"
contract, such as that
between a large
retailer and a
consumer, in which
the stronger party
dictates the terms.
Agreement
A meeting of two or
more minds in regard
to the terms of a
contract.
Assignment
Bilateral Contract
Consideration
Contract
Contractual Capacity
Counteroffer
An offeree's response
to an offer in which the
A contractual promise
to refrain from
competing with
another party for a
certain period of time
and within another
party for a certain
period of time and
within a certain
geographic area.
And 22 more
Preview of Terms
Anticipatory
Repudiation
An assertion or action
by a party indicating
that he or she will not
perform an obligation
that the party is
contractually obligated
to perform at a future
time.
Breach of Contract
Commercial
Impracticability
A doctrine under
which a seller may be
excused from
performing a contract
when a contingency
occurs, the
contingency's
occurrence makes
performance
impracticable, and the
nonoccurrence of the
contingency was a
basic assumption on
which the contract was
made.
Compensatory
Damages
A money award
equivalent to the
actual value of injuries
or damages sustained
by the aggrieved party.
Condition
A possible future
event, the occurence or
nonoccurrence of
which will trigger the
performance of a legal
obligation or
terminate an existing
obligation under a
contract.
Consequential
Damages
Discharge
The termination of an
obligation. It occurs
when the parties have
fully performed their
contractual obligations
or when events,
conduct of parties, or
operation of the law
releases the parties
from performance.
Discharge in
Bankruptcy
Frustration of Purpose
A court-created
doctrine under which a
party to a contract will
be relieved of his or
her duty to perform
A doctrine under
which a party to a
contract is relieved of
his or her duty to
perform when
performance becomes
impossible or totally
impracticable.
And 12 more
Preview of Terms
Browse Wrap Terms
A clause in a contract
designating the law
that will govern the
contract.
Click On Agreement
An agreement that
arises when a buyer
indicates his or her
assent to be bound by
the terms of an offer
by clicking on a button
that says, for example,
"I agree."
Conforming Goods
Cover
A buyer or lessee's
purchase on the open
market of goods to
substitute for those
Destination Contract
A contract in which
the seller is required to
ship the goods by
carrier and deliver
them at a particular
destination. The seller
assumes liability fro
any losses or damage
to the goods until they
are tendered at the
destination specified
in the contract.
Document of Title
Paper exchanged in
the regular course of
business that
evidences the right to
possession of goods.
E-Contract
E-Signature
An electronic sound,
symbol, or process
attached to or logically
associated with a
Preview of Terms
Certification Mark
Cloud Computing
Collective Mark
A mark used by
members of a co-op,
association, or other
organization to certify
the region, materials,
mode of manufacture,
quality, or accuracy of
the specific goods or
services.
Copyright
Cyber Mark
A trademark in
cyberspace.
Cyber Squatting
A doctrine under
which distinctive or
famous trademarks are
protected from certain
unauthorized uses of
the marks regardless
of a showing of
competition or a
likelihood of
confusion.
Distributed Network
Domain Name
Intellectual Property
Property resulting
from intellectual,
creative processes.
Patents, trademarks,
and copyrights.
And 8 more
Preview of Terms
Agency
A relationship between
two parties in which
one party agrees to
represent or act on
behalf of the other.
Apparent Authority
manifestations to a
third party led the
third party to believe
that an agency existed
when it did not.
Disclosed Principal
A principal whose
identity is known to a
third party at the time
the agent makes a
contract with the third
party.
E-Agent
A computer program,
electronic, or other
automated means used
to perform specific
tasks without review
by an individual.
Express Authority
Authority expressly
given by one party to
another.
Fiduciary
Implied Authority
Independent
Contractor
conditions and
methods are not
controlled by the
employer.
Notary Public
A public official
authorized to attest to
the authenticity of
signatures.
And 6 more
Preview of Terms
Employment at Will
A CL doctrine under
which either party may
terminate an
employment
relationship at any
time for any reason,
unless a contract
specifies otherwise.
Minimum Wage
Vesting
Under ERISA, a
pension plan becomes
vested when an
employee has a legal
right to the benefits
purchased with the
employer's
contributions, even if
the employee is no
longer working for this
employer.
Whistleblowing
An employee's
disclosure to govt, the
press, or upper mgmt
authorities that the
employer is engaged in
unsafe or illegal
activities.
State statutes
establishing an admin
procedure for
compensating workers'
injuries that arise out
of their employment,
regardless of fault.
Wrongful Discharge
An employer's
termination of an
employee's
employment in
violation of an
employment contract
or laws that protect
employees.
Preview of Terms
Affirmative Action
Job-hiring policies
that give special
consideration to
members of protected
classes in an effort to
overcome present
effects of past
discrimination.
Bona Fide
Occupational
Qualification
Identifiable
characteristics
reasonably necessary
to the normal
operation of a
particular business.
These include gender,
national origin, and
religion, but not race.
Business Necessity
A defense to
allegations of
employment
discrimination in
which the employer
demonstrates that an
employment practice
that discriminates
against members of a
protected class is
related to job
performance.
Constructive
Discharge
A termination of
employment brought
about by making an
employee's working
conditions so
intolerable that the
employee reasonably
feels compelled to
leave.
Disparate-Impact
Discrimination
A form of employment
discrimination that
results from certain
employer practices or
procedures that have a
discriminatory effect
even if not
discriminatory on
their face.
Disparate-Treatment
Discrimination
A form of employment
discrimination that
results when an
employer intentionally
discriminates against
employees who are
members of protected
classes.
Employment
Discrimination
Treating employees or
job applicants
unequally on the basis
of race, gender, color,
national origin,
religion, age, or
disability; prohibited
by federal statutes.
Protected Class
identifiable
characteristics who
historically have been
victimized by
discriminatory
treatment for certain
purposes.
Seniority System
A system in which
those who have
worked longest for the
company are first in
line for promotions,
salary increases, and
other benefits; they are
also the last to be laid
off if the workforce
must be reduced.
And 2 more
Preview of Terms
Authorization Card
A card signed by an
employee that gives a
union permission to
act on his/her behalf
in negotiations with
management.
Cease-and-Decist
Order
An admin or judicial
order prohibiting a
person or business
firm from conducting
activities that an
agency or court has
deemed illegal.
Closed Shop
Collective Bargaining
including working
hours and workplace
conditions.
Hot-Cargo Agreement
An agreement in which
employers voluntarily
agree with unions not
to handle, use, or deal
in nonunion produced
goods of other
employers.
I-551 Alien
Registration Reciept
I-9 Verification
Lockout
Occurs when an
employer shuts down
to prevent employees
from working. This is
done when the
employer believes a
strike is imminent.
No-Strike Clause
Right-to-Work Law
And 5 more
Preview of Terms
Trademarks and
Trademark Dilution:
protects trademarks at
the federal statutory
level.
Types of trademarks
service marks,
certification marks
and collective marks.
Service marks
Certification marks:
Collective Marks
Mark used by
members of a
cooperative,
association, or other
organization. ex
"fraternity"
Copyright Law
In some cases,
individuals or
organizations can
produce copyrighted
works without paying
royalties to the
copyright holder.
ex song periods "black
and yellow" to "garnet
and gold"
principle of Comity
And 69 more
Preview of Terms
Trial Stage
1. Plaintiff
2. Defendant
4. Third- Party
Defendant
Appeal Stage
1. Appellant
2. Appellee
Joinder Rule
Generalized
Grievances
A) Numerosity
B) Typicality
C) Commonality
D) Adequacy
Jurisdiction types
1. Subject Matter
2. Personal
Jurisdiction
Subject Matter
Jurisdiction
parties.
Three types of Subject
Matter Jurisdiction in
Federal Court.
1. Federal Question
2. Diversity
3. U.S. Government is
a party.
And 22 more
Preview of Terms
Classification of Law
1.
Substantive/Procedural
2. Criminal/Civil
3. Public/Private
Substantive Law
Classification of law
that creates, defines,
and regulates parties'
rights, duties, and
powers.
Procedural Law
Classification of law
that prescribes the
steps or processes, for
enforcing the right and
duties defined by
substantive law.
Criminal Law
Civil Law
Classification of law
that applies to legal
matters not governed
by criminal law and
that protect rights and
provide remedies for
breaches of duties
owed to others.
Public Law
1. Constitutional Law
2. Administrative Law
3. Criminal Law
Private Law
Examples of Private
Law
1. Contracts
2. Torts
3. Property
Sources of Law
Preview of Terms
CHAPTER 1
CHAPTER 1
Substantive Law
Procedural Law
Common Law
Civil Law
Separation of Powers
function
independently of one
another and that each
branch serves as a
check on the others
Judicial Review
Statute
a law passed by
congress or the
legislative body of a
state
Ordinance
Generally speaking,
the legislative act of a
municipality (A city
council is a legislative
body, and it passes
ordinances that are the
laws of the city.)
Code
A collection or
compilation of the
statutes passed by a
legislative body on a
particular subject
And 31 more
Preview of Terms
Malum in Se
Malum Prohibitum
Prosecution
the criminal
proceedings
Prosecutor
Burden of Proof
it must be beyond a
reasonable doubt
Treason
Felonies
Crimes punishable by
incarceration for more
than 1 year
Misdemeanors
Crimes punishable by
short imprisonment
(less than 1 year) in
local jail
Typical Felonies
aggravated assault,
arson, bribery,
burglary,
embezzlement,
forgery, kidnapping,
larceny (grand),
manslaughter,
mayhem, murder,
price fixing
Typical Misdemeanors
Simple assault,
disorderly conduct,
gambling, larceny
(petty), prostitution
(1st time offense),
public disturbance,
trespass
And 49 more
Preview of Terms
Justicable
Ripeness - an actual
immediate threat of
harm, like
incarceration,
abortion, or the death
penalty.
Abstention - some
Innumerated Rights of
Congress
Preemption
if the federal
government has a law,
it is superior to the
state law (Ex:
homestead exemption
in bankruptcy law)
Dormant Commerce
Clause
when congress is
silent, the states can
regulate if it is nondiscriminatory against
state interests, and it
Types of Freedom of
Speech Exceptions
Restricting Freedom of
Speech
Any restriction in
advance of
publication. Can be
content based - the
government cares
about what you're
saying, must pass the
strict scrutiny test. Can
be content neutral,
where the government
doesn't care about
what you're saying but
has a problem with the
time an location and
the manner
And 60 more
Description
FSU bul3310
Preview of Terms
2 types of prior
restraint
commercial, political,
obscenity
Commercial speech
can be suppressed if it
is false or misleading
political speech
cannot be suppressed
even if it is misleading,
false, or illegal
Obscenity speech
Can be suppressed
know it when you see
it
prior restraint
any government
restriction in advance
of publication
Content Neutral
License
Establishment Clause
the government
smith test
Description
fsu bul3310
Preview of Terms
during Rule making
________ must take
place
Rule making,
enforcement,
adjudication
enabling a legislation
Name, Give it a
purpose, give it
functions, give it
powers
Enforcement
on site inspections,
subpoena of
documents, execution
of search warrants
Adjudication
the process of
resolving a dispute by
presenting evidence
and arguments before
a neutral third party
decision maker in a
court or an
administrative law
preceding (often when
suing a business)
congress enacts a
state
Description
criminal law
Preview of Terms
Miranda rights must
be read inbetween
custody and
Interrogation
5th amendment
Actus Reus
Mens Rea
Three types of
causation
Felonies
1 years or more of
prison time. is based
on the statute
Misdemeanor
Burden of Proof
beyond a reasonable
doubt (dead sure the
person did it)
Exclusionary rule
makes evidence
obtained illegally
invalid in court.
Standing to sue
an individual must
have a sufficient stake
in a controversy before
he or she can bring a
lawsuit. The plaintiff
must demonstrate that
he or she either has
been injured or
threatened with injury
And 5 more
Description
strict and product liability
Preview of Terms
Strict liability
Liability regardless of
fault
chattles
animals wild
animals domestic
foods must be
wholesome and free of
foreign objects
reasonable expectation
test
what is reasonably
expected by the
consumer in the food
as served, not what
might be natural to the
ingredients of that
food prior to
preparation
Preview of Terms
Constitutional
Balancing Tests
If a right is being
impacted by STATE
ACTION (ex. Freedom
of Speech) then a court
must balance the
interests served by the
Action NECESSARILY
RELATES to a
compelling state
interest. Normally
results in government
action begin
UNCONSTITUTIONAL.
Ex. Laws restricting the
right to vote and right
to engage in interstate
commerce. Any law that
may discriminate based
on race, color, or
ethnicity
Intermediate
Scrutiny
Action
SUBSTANTIALLY
relates to an important
state interest. Results
are mixed. Proposed
laws which may
discriminate on basis of
sex or gender as well as
restrictions on
commercial speech.
Rational Basis
Action REASONABLY
relates to a legitimate
state intrest. Usually
results in it being
constitutional.
Proposed laws which
relate to economic
regulation.
1st Amendment
Freedom of Speech
Freedom of Speech
Political Speech
test is applied.
Commercial Speech
Government must
show:
1. Further a substantial
governmental interest
2. the restriction
directly advances that
interest
3. the restriction is no
more extensive than
necessary.
Intermediate Scrutiny
test is applied.
1st Amendment
Prohibits the
government from
punishing someone on
the basis of their
religious beliefs
And 28 more
Preview of Terms
Federal form of
government
Police powers
Separation of national
powers
Legislative branch
makes the laws,
executive branch
enforces them, and
judicial branch
interprets them
The "dormant"
commerce clause
Federal preemption
subject
And 151 more
Preview of Terms
standard of review
-Immediate scrutiny
-Falls within the
protection of the first
amendment
Legal limitations on
commercial speech
Don't market to
children. The
government had a
substantial say in
selling a product and
the speech of product.
Political speech
Subject to strict
scrutiny
Commercial speech
- Consists of
communications primarily advertising
and marketing - made
by business firms that
involve only their
commercial interests.
o Government cannot
regulate on content
but it can regulate the
1.) Time, 2.) Place, 3.)
and manner of speech
o The protection given
to commercial speech
under the 1st
amendment is less
extensive than that
afforded to
noncommercial speech
o A restriction on
commercial speech
will be considered
valid as long as it
meets three criteria:
1. It must seek to
implement a
substantial
government interest
2. It must directly
Due process
Substantive law
Procedural Law
6 Warrant exceptions
Preview of Terms
equal employment
opportunity
commission
created by congress to
administer the
provisions of title vii,
and to investigate
allegations of
discrimination in the
workplace and to
enforce title vii
disparate treatment
discrimination that is
conscious and
intentional
disparate impact
(unintentional
discrimination) the
idea behind this type
of discrimination is
that an employer uses
an employment
practice that has a
disproportionately
adverse effect on one
of the groups
protected by title vii
complaining party
must show a
discriminatory effect
of a specific
employment practice.
4/5 rule
constructive discharge
business necessity
the qualification is
necessary for a worker
to perform a job at the
required level of
competence
religious
discrimination
protects against
discrimination against
applicants and
employees who are at
least 40 year of age
And 6 more
Preview of Terms
contract
legally binding
agreement between 2
or more parties who
agree to perform or to
refrain from
performing some act
now or in the future
offeror
offeree
offer
promise or
commitment to do or
refrain from doing
some specified action
in the future
preliminary
negotiations
offers must be
distinguished from
preliminary
negotiations they are
NOT offers
advertisements
as a general rule,
advertisements are
NOT offers, unless the
offer contains a
definite promise of
something in exchange
for something else and
offers a power of
acceptance upon a
specified person or a
class of persons
social invitations
if a person receives a
social invitation, and
the social event is
canceled, then the
recipient of the
invitation has no legal
remedy
revocation
acceptance
silence as acceptance
And 19 more
Preview of Terms
Susy is the CEO of a C
corporation that is in
serious need of capital.
Which of the following
is a way for the
corporation to raise
capital?
False
True
False
A) A limited liability
company that is
treated as a
partnership.
B) A limited liability
company that is
treated as a regular
corporation.
C) A subchapter S
corporation
D) Either A or C
A) Ease of creation
B) The liability of the
owners
C) Tax considerations
D) The need for capital
E) All of the above
Answer: D) Either A or
C
Business ethics is
important to the
ongoing viability of
any corporation.
True
Preview of Terms
*Agency Law
A legal, consensual
relationship that exists
when one party, the
agent, acts on behalf of
another party, the
principal.
Disclosed Principal
A principal whose
identity is known to a
third party at the time
the agent makes a
contract with the third
party.
Undisclosed Principal
A principal whose
identity is unknown by
a third person, and the
third person has no
knowledge that the
agent is acting for a
principal at the time
the agent and the third
person form a
contract.
-An example would be
a situation where a
wealthy
individual/principal
may not want a third
party to know they are
interested in a land
purchase, so the
wealthy
individual/principal
works through the
agent.
Partially Disclosed
Principal
Agency relationship is
a _____ one.
Fiduciary
Fiduciary Relationship
A relationship of trust
and confidence. Other
relationships outside
of agency are fiduciary
in character, including
priest - penitent,
doctor - patient and
attorney - client.
Respondeat Superior
Rule
Rule: An employer is
liable to third persons
for the torts
committed by
employees within the
scope of their
employment and in
prosecution of the
employer's business.
The question often
arises as to whether
the employee was
working within the
scope of his/her
employment or not.
The question is a
question of fact to be
decided by the jury.
*Employment Law
Employment At-Will
Doctrine
compensation
And 86 more
Preview of Terms
What does a copyright
provide the owner of
an idea with?
What is a derivative
work?
A framework was
established for the
patent and copyright
system, trademarks,
and are strictly federal
law
Intellectual Capital,
Intellectual Assets,
Intellectual property
What is intellectual
capital?
What presides in
peoples minds, skills,
training, experience,
corporate memory,
etc.
What are considered
intellectual assets?
Prototypes,
documents, ideas,
memos, drawings,
programs
What is intellectual
property?
Information, including
a formula, pattern,
compilation, program,
device, or process that
derives independent
economic value that is
unknown to the
general public
And 42 more
Preview of Terms
What is the Equal
Employment
Opportunities
Commission (EEOC)?
The federal
government agency
mandated to monitor
compliance with and
enforce Title VII (7) of
the Civil Rights of
1964 and other federal
civil rights laws.
and to administrate
this particular area of
the law
-You have to first go
see them and tell them
your case. They are
there to listen to your
case. Then they make a
decision on your case
-Option 1 is they
decide to not take your
case. If this happens,
they will issue you a
right to sue letter. This
letter says that the
EEOC decided not to
sue your case, but they
are going to give you
the right to sue. Now
an attorney will vest
into your case and sue.
The attorney cannot
help you or move
forward without this
letter
-Option 2 is they
decide to take your
case. When the EEOC
wins, you get the
benefits but the
government pays the
tab for the expenses.
This is a great option
because you have the
government on your
side and you make out
very well
What are the two legal
theories that are used
in a civil rights
discrimination case?
-Disparate Treatment:
The plaintiff claiming
such treatment must
prove that his
employer intentionally
discriminated against
him by denying
employment, a benefit,
or privilege (bonus,
promotion) because of
**race, religion,
sex, or national
origin**
-Disparate Impact:
Occurs when you have
a lawsuit that
challenges the testing
and other procedures
that systematically
excludes protected
class members from
certain jobs
What is Disparate
Treatment?
What is Disparate
Impact?
-Disparate Impact
would be if you make a
weight lifting limit for
firefighters. Or
requiring a picture on
an application to see
the color of skin
-Under this situation,
you as the victim do
not have to prove that
this was intentional.
This situation just kind
of happens. It could be
intentional, but you do
not have to prove that
-The plaintiff must
demonstrate the
employment practice,
policy, or rule, caused
statistical
disproportion between
different groups.
*Must do the math to
prove these cases
What are the two main
statutory defenses
against Disparate
Impact? (Two
situations where it is
acceptable)
-Business Necessity:
The employer has to
demonstrate the
challenge practice is a
job related to the
position in question
and consistent with
business necessity if
you're going to
discriminate against
people. Inconvenience
or annoyance will not
work in these types of
scenarios. Ex.) A good
example of this would
be when an investing
firm is hiring college
students, the potential
employee needs to
have a finance degree
because they need to
have some type of
entry level knowledge
before they start the
job.
-Bonifide Occupation
Qualification (BFOQ):
Where an employer
may lawfully hire an
individual based on
the origin of sex,
nationality, or national
origin if one of those
three are absolutely
necessary to the
particular practice.
Ex.) Hiring a member
of clergy (they
obviously need to be of
your religion). You're
not going to hire a
Priest for a Rabi's job.
What are the two parts
to Sexual Harassment
under Employment
Discrimination?
Prohibits age
discrimination against
What is Disability
Discrimination under
Employment
Discrimination?
In order to be disabled
legally, the person
must have a physical
or mental impairment
that substantially
limits one or more of
the persons' major life
activities. They also
must have a record of
such impairment and
must be regarded as
having this
impairment.
Regulated by the
EEOC. Will be
administrated by
them. Will see this
from a customer side.
Not only from
employer to employee.
Customers sue
companies a lot for
this.
-Notable situations
that are not
disabilities:
Kleptomania
Pyromania
Homosexuality
Transsexuality
Gambling
What is Remissible
Exclusion under
Disability
Discrimination under
Employment
Discrimination?
In an employment
area, if an employer
needs to discriminate
based on a disability, it
is allowed if by reason
of disability, they
cannot perform the
essential functions of
the job or the person
proposes risk of safety
and the health of
others
-Can modify schedules
and equipment to help
these people
-But, say you are in a
historic building where
putting in a ramp or
elevator will destroy
the integrity of the
building, they are not
going to make you
change the building
just to hire a disabled
person so that disabled
person can get up the
elevator. This is undue
hardship (an
accommodating action
that places significant
difficulty or expense
on the employer)
And 25 more
Preview of Terms
What is the NorisLaguardia Act (1932)
under Unions under
Federal Labor Laws?
It allowed peaceful
strikes, picketing, and
protests (Because
protests were
originally illegal).
Established an
employee bill of rights
to form unions and the
Labor Laws?
Established an
employee bill of rights
and union reporting
requirements to stop
corruption.
Anyone involved in
interstate foreign
commerce will be
covered under the
NLRA (Which is
everyone basically)
-Nonprofits? Yes
-Supervisors? Section
VII (7) grants the
rights only to
employees, not
supervisors even if
they are a member of
the union. Supervisors
cannot participate in
union activities at all
including vote in the
union elections even if
they are in the union.
Anyone who has the
authority to hire,
suspend, lay off,
promote, discharge,
discipline, or direct
employees, or to
recommend such
actions, is a supervisor
-Independent
Contractors? Not
covered under the
NLRA
-Agricultural
Laborers? Not covered
under the NRLA
What is the
Representative Union
Election Procedure
under the Federal
Labor Law?
*This is a very
democratic process
-Have to have the right
to unionize. Are the
people similarly
situated? Do they do
the same things?
(Secretaries are not
allowed to form a
union because they are
privileged to the
management
information of their
company)
-Employees have to
select a union. Union
organizers are a highly
dangerous job because
they go into places
where companies don't
want a union and they
try to get them into the
union
-Petition, cards, &
vote. In general, you
have to have 30% of
the people to vote on
whether they want the
union or not
-Election conducted by
the National Labors
Relations Board
(NLRB). They will
watch what's going on.
Is the union being
coercive of the
employees? Are they
being coercive towards
management votes?
NLRB is looking for
these coercive
techniques on both
sides and situations
like this. They then
count the votes and
decide whether the
union should be in
place
-Certification. Once it
is voted yes, they will
certify them. This
cannot be contested
for at least another 12
months
What kinds of strikes
are permissible under
the Federal Labor
Laws?
-Economic Strikes:
When employees are
not able to negotiate
acceptable terms. They
strike. They can get
their job back in this
process.
Unique characteristics:
-The employer may
hire replacements for
the striking workers
(replacement workers
are called scabs. The
word scabs is a
derogatory term)
-Employer need not
re-hire worker unless
the departure of a
replacement worker
Ex.) Athletic Teams
Strikes (NFL)
-Unfair Labor
Practices: When the
union feels the
employer is not
bargaining in good
faith. In this situation,
the workers have the
right to reinstate other
forms of positions. You
are guaranteed your
position back.
What is an Economic
Strike under the
Federal Labor Laws?
(replacement workers
are called scabs. The
word scabs is a
derogatory term)
-Employer need not
re-hire worker unless
the departure of a
replacement worker
Ex.) Athletic Teams
Strikes (NFL)
What are Unfair Labor
Practice Strikes under
the Federal Labor
Laws?
A strike formed
because the union
feels the employer is
not bargaining in good
faith. In this situation,
the workers have the
right to reinstate other
forms of positions. You
are guaranteed your
position back.
-Organizational Strike:
Strike for the purpose
of organizing the
labor. All of the
employees walk off to
organize a labor union
(to organize the nonunion employees)
-Recognitional Strike:
Strike to make
employees engage in
any kind of work
stoppage. Want
recognition of the
unions' power. If
nurses strike, and you
have to pay other
nurses overtime, the
employer will probably
sue the union for the
overtime costs (comes
from union dues). A
recognitional strike
will win that type case
concerning overtime
costs
-Secondary Boycott:
When you have some
Preview of Terms
International Online is
an internet service
provider. One of it's
subscribers posted a
defamatory comment
regarding another
subscriber on its site
and as a result
defamed subscriber
filed suit against the
other subscriber and
IO. The Court had to
determine whether the
case against IO could
proceed. What is the
answer?
A) Pursuant to the
CDA IO is protected
and the case against it
must be dismissed.
B) False
Freedom of speech is
the least prized
freedom that
Americans possess
B) False
According to Chief
A) True
Justice Marshall's
decision in Marbury v.
Madison, the judicial
department's duty is,
in essence, "to say
what the law is. . ."
A court must have
both subject matter
jurisdiction and
personal jurisdiction
in order to hear and
rule on a case
A) True
D) Subject matter,
personal and in rem
It is a common law
doctrine under which
judges are obligated to
follow the precedents
established in prior
decisions
C) What is stare
decisis?
C) Unintentional tort
According to the
Commerce Clause,
only the national
government has the
power to regulate
interstate commerce,
and, that power
includes regulating
intrastate commerce
when it has an affect
on interstate
commerce.
A) True
Preview of Terms
B) False
A) True
B) False
A) A limited liability
company that is
treated as a
partnership.
B) A limited liability
company that is
treated as a regular
corporation.
C) A subchapter S
corporation
D) Either A & C
A) Ease of creation
B) The liability of the
owners
C) Tax considerations
D) The need for capital
E) All of the above
B) Joe is in breach of
his agreement with the
university.
Business ethics is
important to the
ongoing viability of
any corporation.
True
Description
employment environment
Preview of Terms
American Rule
judicially created
exceptions to the
american rule
wrongful discharge,
public policy, torts,
contracts
no limit on hours
worked, you must be
paid minimum wage,
no child labor, all
employees covered
what is an example of
a defined contribution
plan?
401k
What 3 requirements
must be met to receive
unemployment
insurance?
Involuntary
termination, able and
availble to work, must
be seeking
employment
What 4 situations
would be seen as
acceptable to take
advantage of the
family medical leave
act?
birth of a child,
adoption of a child,
care of someone, own
severe illness
BUL3310 Test 1
Created by zhj08 on July 12, 2012
152 terms
7 terms
32 terms
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Created by sam_harper3 on October 26, 2014
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22 terms
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180 terms
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11 terms
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Created by mgl11 on December 11, 2012
53 terms
31 terms
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Created by katie_watson5 on October 1, 2013
34 terms
BUL3310 TEST 2
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24 terms
18 terms
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41 terms
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25 terms
10 terms
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37 terms
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35 terms
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BUL3310
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121 terms
6 terms
BUL3310 Exam 2
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161 terms
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79 terms
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Bul3310
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35 terms
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