Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
25 Cards in this Set
- Front
- Back
|
methods of discovery
|
make all facts known to all parties before trial
|
|
|
answer
|
defendant's response to each accusation and statement of all defenses s/he plans to use
|
|
|
characteristics of a contract
|
9 -- valid, void, voidable, express, implied, bilateral, unilateral, oral, written
|
|
|
contract
|
any agreement enforced at law
|
|
|
voir dire
|
jury selection
|
|
|
complaint
|
plaintiff's written accusations
|
|
|
elements of a contract
|
6 -- offer, acceptance, genuine agreement, consideration, capacity, legality
|
|
|
law of torts
|
free from bodily harm, enjoy a good reputation, conduct business w/o interference, have property free of damage or trespass
|
|
|
Landrum-Griffin act
|
must register bylaws and constitutions with secretary of labor
|
|
|
Fair Labor Standards act
|
1938 -- must wait 30 days to ship to another country/state goods made by child labor
|
|
|
warranty of merchantability
|
pass w/o objection in contract description, fit for ordinary purposes, adequately packaged, conform to promises on package
|
|
|
privity of contract
|
individual contract for warranties -- no longer required, applies to all
|
|
|
genuine agreement
|
"meeting of the minds"
|
|
|
tort
|
1 person interfering with another's rights through negligence, intent, or liability
|
|
|
implied warranty
|
imposed by law; not in writing
|
|
|
sources of law
|
fed and state constitutions, english common law, court decisions, administrative law, statutes
|
|
|
barter
|
exchange of goods for goods
|
|
|
offer must...
|
3 -- seriously intended, definite and certain, communicated to offeree
|
|
|
employee at will can be dismissed if not violating
|
public policy, implied contract, implied covenant
|
|
|
revocation
|
any time before acceptance due to : rejection, counteroffer, expiration of time, death/insanity
|
|
|
nuisance
|
anything that interferes with the enjoyment of life
|
|
|
conversion
|
unauthorized taking of another's posessions
|
|
|
Taft-Hartley Act.
|
1947 --- 60-day cooling off period, prevent feather bedding, prohibit union shops, advance notice of strikes
|
|
|
bill of sale
|
receipt
|
|
|
Wagner Act
|
1935; pro-union; encourage collective bargaining
|
