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66 Cards in this Set
- Front
- Back
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Sole Proprietorship
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basic – one owner (most common)
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Partnership
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– two or more owners – general partnership
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Corporation
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– formlities – own legal identity separate from owners
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Conciliation –
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neutral 3rd party offers suggestions to solve the problem
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Mediation –
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neutral 3rd party who offers suggestions to break the deadlock
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Arbitration
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– dispute between labor and management, grievance – official complaint
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Battery
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– intentional contact that is harmful or offensive
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Assault
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– intent, plus reasonable apprehension of an imminent battery
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Parol Evidence Rule
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– if a contract is in writing and there’s a dispute about the contract, then the dispute must be resolved by looking at the contract itself, not outside evidence
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Consideration
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– what is being exchanged under the contract the inducement to contract
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Statute of Frauds
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– the law that tells us when a contract needs to be in writing in order to be enforced
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Negligence
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– act taking an unreasonable risk, breaching a duty of due care, causing injury
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Constructive eviction
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– tenant is not physically evicted but the landlord allows conditions to become so unbearable that the tenant has no choice but to leave
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Reasonable doubt
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– standard of proof for criminal cases
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Preponderance of the evidence
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– one side must present evidence that is more convincing than the other side
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NLRA
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– National Labor Relations Act
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OSHA
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– occupational safety and health act administration
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EEOC
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– Equal Employment opportunity commission
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Grand Jury
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– 16-23 members of the community who decide whther there’s probable cause to go to trial
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Articles of incorporation
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– forms a corporation must fill out to become a corporation
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Judicial review
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– power of courts to declare acts of government unconstitutional – they have the final say in interpreting the constitution
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Specific performance
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– when the court forces the parties to comply with the terms of a contract
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Stare decisis
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– “let the decision stand” “look to the decided cases”
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Establishment clause
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– congress can’t establish, sponsor, or become “excessively entangled” in religion
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Free exercise clause
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– congress can’t interferes with people practicing their religion
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Exclusionary rule
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– illegally seized evidence can’t be used in the prosecutor’s case in chief
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Substantive due process
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– laws that government passes can not be arbitrary
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Procedural due process
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– whenever the government wants to take away someone’s life liberty or property, it must go through certain steps first
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Probable cause – standard varies, must be based on real world observable factors
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– standard varies, must be based on real world observable factors
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NLRB
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– National labor relations board
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Fraud
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– misrepresenting of a material fact made with knowledge of the falsity of the statement with intent to cause another to act, which in fact causes another to act to his detriment or injury
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Strict Liability
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– ultrahazardous activity – and activity that is so dangerous that the risk can’t be eliminated no matter how careful you are (animals and fire too)
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Good faith
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– an obligation to participate actively in the deliberations so as to indicate a present intentions to find a basis for agreement
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Fiduciary
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– a relationship in which one party has special, legally enforces duties of trust, confidence, and responsibility to the other part
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Contract
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– a legally enforceable promise
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What are the 3 main types of business organizations and what are their major characteristics? What is the most common type of business organization?
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Sole Proprietorship (most common) – one owner, Partnership – two or more owners, Corporation – formalities – own legal identity separate from owners
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What are the different sets of corporate powers?
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Can do what state law allows (maintain a perpetual existence, sue or be sued, own property, enter into contracts, can do what is provided in articles of incorporation, implied powerd
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What is an ultra vires act?
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An act that goes outside the scope of a corporations powers
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What does it mean to pierce the corporate veil?
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It means taking away a corporations limited liability protection (cannot lose personal assets)
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Understand the liability of different types of business organizations.
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Sole proprietorship and partnership can lose personal assets and corporations can’t
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Officers and the Board of Directors of corporations owe the corporation fiduciary duties. What are those duties?
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Duty of Care – managers in corporations must use the same degree of care in managing corporate affairs as they would in managing their own personal affairs, must put corporations interests first, good faith. Duty of loyalty – managers must avoid conflicts of interest - self dealing, interlocking directorates, corporate opportunity doctrine
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Understand the Business Judgment Rule and why we have it.
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As long as actions of management fall with in the confines of the law there is no breach of fiduciary duty
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You should understand the importance of the Clayton Act of 1914 as it relates to labor unions.
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First major federal law to favor labor, unions are not inherently in restraint of trade
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In a labor negotiation, both sides are obligated to bargain in good faith. What does this mean?
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An obligation to participate actively in the deliberations so as to indicate a present intentions to find a basis for agreement
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What are the 3 categories of collective bargaining subjects?
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Mandatory (wages, hours, terms and conditions of employment), Illegal, permissive
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What are the two categories of strikers and how can they be treated differently?
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Economic strikers – can’t be fired, can be permanently replaced, Unfair labor practice strikers – can’t be fired, can only be temporarily replaced.
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What are mediators and arbitrators? (You should understand the difference – These are easily confused terms.)
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Mediator – neutral 3rd party who offers suggestions to break the deal lock, they have no authority to impose suggestions. Arbitrator – neutral 3rd party who makes a ruling about a labor/management dispute
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Worker’s Compensation law is different from state to state, but there are some overarching similarities. What are they?
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(1) Workers comp law is generally compulsory – required, (2) types of injuries covered – injuries, generally and industrial diseases, (3) workers comp laws are no fault
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If there has been an OSHA violation, what are the factors the government will look at in assessing a penalty?
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Gravity (seriousness), good faith, totality of the circumstances
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The 14th Amendment of the Constitution guarantees us equal protection under the law, which means that Congress can’t pass a law that unfairly classifies people. What are the two tests we use in analyzing equal protection cases and when would we use them?
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Reasonable basis test (did congress have a reasonable basis for making this classification? Does the purpose of the law serve a legitimate state interest? Is the law reasonably related to that state interest?) Strict scrutiny test (does the purpose of the law serve a compelling state interest? Is this law the only way, or the best way to achieve that interest?) We use these if the law in question involves a fundamental right, or if the law in question involves a suspect classification
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You should understand the importance of Brown v. Board of Education and know who wrote the opinion.
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Separate is inherently unequal and Chief Justice Earl Warren wrote the case
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What did the case of Plessy v. Ferguson stand for? Which case overturned it?
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“separate but equal” – brown v. board of education overturned it
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What did the Civil Rights Act of 1866 do?
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Guaranteed property and contract rights regardless of race
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If the EEOC investigates a charge of discrimination and thinks that there is reasonable cause to believe that there has been a Title VII violation, what do they do?
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EEOC must first attempt conciliation, EEOC can do one of two things (1) if the employer is the government then the EEOC will refer to attorney general (2) if the employer is private, EEOC can file a lawsuit, EEOC has 180 day deadline.
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What types of discrimination are prohibited under Title VII? (In other words, what are the categories protected by Title VII?)
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Race, color, religion, sex, and national origin
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What is disparate treatment and what’s the test for whether it’s illegal?
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An employment practice specifically deals with a title VII protected category. Test: (1) plaintiff must show: they are a member of a protected class, qualified to do the job, suffered a negative employment consequence. (2) burden shifts to the defendant, who must then articulate a legitimate business purpose for the decision – bona fide occupational qualification (BFOQ) protected category is actually a requirement for the job. (3) burden shifts back to the plaintiff, who must show that the legitimate business purpose is a near pretext for illegal discrimination
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What is a BFOQ? How are BFOQs generally classified? What can never be a BFOQ?
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Bona Fide Occupational Qualification – does the requirement relate to the essence or central mission of the employer’s business? Religions organizations have a lot of flexibility to discriminate on the basis of religion. Race is never a BFOQ. 3 categories of BFOQ – authenticity, modesty, refusal to deal
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What is disparate impact and what’s the test for whether it’s illegal?
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The employment practice is neutral on its face but has a discriminatory outcome. Test (1) plaintiff must show that the employment practice has a disproportionate impact on or excludes a title VII protected category (2) burden shifts to the defendant who must show the business necessity of the practice (3) burden shifts back to plaintiff, who must show that the business necessity is a mere pretext for illegal discrimination
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What are the 4 elements of a valid contract?
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(1) mutual agreement (2) consideration (3) legality of object (4) capacity of the parties
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What does the term intentional mean as it applies to tort law?
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A volitional act committed with the substantial certainty that harm will result
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What are the names of the two primary duties that landlords have with respect to their tenants?
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Covenant of quiet enjoyment – landlord must provide tenant with full possessory rights, and the implied warranty of habitability – the duty of the landlord t keep the premises maintained in a liveable condition. Landlord is generally responsible for those repairs.
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Understand the Idea/Expression Dichotomy.
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Ideas are not copyrightable but the way an idea is expressed is copyrightable
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Understand the ruling in the case of UAW v. Johnson Controls. What does this case tell us about employment discrimination?
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That it doesn’t matter whether or not they are trying to protect the women, they are still discriminating based on sex. They decided that the job was too dangerous for women because they were dealing with aspestus and other harmful chemicals.
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What legal principle do we get from the Palsgraf v. Long Island Railroad case? Who wrote the majority opinion in the case?
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Benjamin Cardozo – limitations of negligence
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What legal principle was established in the case of Marbury v. Madison?
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Judicial review
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What are the four questions we ask in every tort case?
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(1) is there a legally protected interest? (2) what is the nature of the defendant’s conduct? (3) is there a sufficiently close connection between the defendant’s action ad the plaintiffs injury? (4) are there any defenses?
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