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458 Cards in this Set
- Front
- Back
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what is the def of a sole properietorship?
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form of business owned by one person
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NAME
this is a form of business that is owned by one indivudal who is soely and personally responsible for all debts and liabilties of bussiness and who is entitled to all of the proifits o the business |
sole proprietorship
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is there a specfic formal method to filing to start a sole propreitorship?
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no
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what paperwork must a person starting a sole propertioship (3)
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(1)ficitious name filing (2)occupational license filing (3)tax filing
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T or F
fl has a specfic steps for filing paperowrk to start a sole propreirtoship |
false
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when does a sole proprietorship end?
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when the sole prorpietor ends the business or dies
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does the business cont if a sole proprietor dies/
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no
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who is in control of the sole proprietorship?
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the sole proprietor
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who is liable in a sole proprietorship?
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the sole proprietor
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how is a the sole proprietor taxed ?
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the sole propreitor is taxed perosonall ONLY on the income recieve
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T or F
a sole proprietorship is a taxable enity |
false-only taxed on personal income from business
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what is a general parternship?
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2 or more person who are co-owners of a business
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NAME
this is 2 or more persons who are co-owners of a business |
general parntership
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when is a general partnership formed?
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when the partners AGREE to carry on as co-owners.
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is a formal agreement or state filing required to start a general partnership ?
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no-
however, must parnters chose to file a statement of partnership to prove the partnership exisits and (2)enter into a paternship agreement outling (contract) the rights and responsibilties of partners |
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T or F
in order to start a general partnership in fl, they must file a statement of partnership and partnership agreement |
false
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when does a general partnership end?
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when the partners deciedes to end it, they break the partnership agreeement
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who manages general partnership?
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every parnter has equal right to manage unless says so in partnership agreement
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who is liabale in a general partnership?
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all parnters
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how are general partnership taxed?
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it is NOT a taxable entity,
they have to file a informational return. HOWEVER, they are taxed personal on the income generated |
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what is a limited partnership?
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is a parntership with one or more general partners and one or more limited partners (who do not particpate in the management process)
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NAME
this is a partnership created by statue, with one or more general partners and one of more limited partners. |
limited partnership
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to start a limited partnership, do they have to file paperwork?
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yes, must file a certificate of limited partnership.
includes a written limited partnership aggreemenet |
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When does a limited partnership start?
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once they file their "certificate of limited partnership
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when does a limited partnership end?
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dissolves according to the terms of the limited partnership aggreement or when ALL general and limited partners agree to end it
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who manages the limited partnership?
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unless the limited partnership agreement says otherwise, all of the general partners have an EQUAL right to manage business.
the limited partners do NOT particpate in management |
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T or F
in a limited partnership, the limited partners may particapate in some of the management |
false- NONE
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how are limited partnership taxed?
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they are taxed like partnership--tax perosnal income but have to file a "info return" to iris
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what is a corporation?
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is SEPERATE legal entity that is distinct from its shareholders and which may exercise the same rights and privilegs of a natural person
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NAME
is SEPERATE legal entity that is distinct from its shareholders and which may exercise the same rights and privilegs of a natural person |
corporation
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what is the differ btwn a partnership and a limited partnership?
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(1)partnership- two or more people that share EQUAL business and particpate in management
(2)limited partnership- have one or more general partners that share an EQUAL amount of management duties and one or more limited partners that do NOT particpate in the management of the business |
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what are (3)types of corporations?
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C or S and (3)Not for profit
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what is the differ btwn a C and S corporation?
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is they way in which they are taxed
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how is corporation formed? what are the requirements? (3)
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have to file a "articles of incorporation within the state (2)the must also file annual reports (3)must have bylaws and maintain minutes of meetings
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T or F
corporation do not need to file paper work to become a corporation |
false must file annual reports and a articles of incorporation within the state
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how long does a corporation exisit for?
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as long as they maintain therir status with the state
if the owners die the corporation still continues on...transfer of ownership occur with stock |
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who manages a corporation?
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the shareholders elect a board of directors.
then the board of directors set policies and elect officers who oversee the day to day corporate management |
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who is liable in a corporation?
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shareholders are NOT personal repsonsbile for the debts of the corporation
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how are corporation taxed?
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(1)C corporation-
is a taxible entity for federal taxes (2) S corporation- can elect to be taxed like a partnership for federal taxs. However, in fl, both C and S corporation are subject to state corporate income tax |
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in fl, do C and S corporation have to pay state corporate income tax?
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yes
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T or F
in fl, S corporations do not have to pay corporate income taxs |
false
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describe how C corporation are taxed
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they are taxed at the federal level,
DOUBLE taxation distrubtions to shareholders are taxed then (2) shareholders are taxed on income from stock then |
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how many times are C corporation taxed?
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THREE TIMES
pay takes in distrubtion to shareholders then shareholders are taxed for their personal income then have to pay state income tax |
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what is a limited liabiltiy corporation?
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is unincorporated association of one or more person organized under state law and managed by its "memebers"
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NAME
this is aunincorporated association of one or more person organized under state law and managed by its "memebers" |
limited liability corporation
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how is a limited liabiltiy corporation formed?
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must file a articles of organization with the state....then enter a "operating agreement governing the rights and resposnibilties of memebers
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what must a limited liabiltiy corporation file to start?
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articles of organization
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when does a limtied liability corporation end?
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when the memebers deceide to end it
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who managees a limtied liabiltiy corporation?
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by its memebers
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what does LLC stand for?
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limited liabiltiy corporation
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who is liable undera LLC?
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unless the articles of organization say otherwise, members of the LLC are NOT personal liable for debts and obligations REGARDLESS If they particpate in management
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T or F
in a LLC, members are lnot iable for debts and obligations unless they particpate in the mangement process |
false
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how are LLC taxed?
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taxed like a partnership
HOWEVER, can elect to be taxed like corporation. BUT DOES NOT have to pay tax income tax |
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Does a LLC taxed federally?
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no taxed like partnership unless asks to otherwise
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if a LLC chooses to be taxed like a corporation federally, does it have to pay state income tax?
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no
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T or F
the law is generally flexible enough that hte business can switch to antoehr type if need arises |
true
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NAME
this is conduct which is prohibits and punishable by a govt |
crime
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what is a crim a
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conduct which is prohibits and punishable by govt
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how crime defined? (3)
EXPLAIN |
by the (1)act
was it a voluntary physical act or failure to act (2)mental state 1st degree murder-premediated (did they plan it out) 2nd degree murder- no premediation (3)punishment |
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what is the differ btwn a 1st degree and 2nd degree murder?
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(1)1st degree- premediated (2)2nd degree murder- no premediation
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who is responsible if a criminal act is commited?
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(1)the criminal who commtited the crime and all person involved
(2)employer- ex)if directs or requires commission of crim (3)corporation-resposbile for acts or failure to act. may be fined and directors convicted |
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is a corporation resposnible for criminal acts commited by employees?
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yes
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what happens if a person if found NOT guilty by reason of insanity? what does this mean?
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they will be likely sentenced to a mental instuation. if they "recover" they will be released
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what are some of the types of defeneses to crimes?
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(1)insantiy (2)intoxication (3)infancy (4)
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what is the test in fl to see if someone have defense to insanity plea?
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called the McNaughten test
at the time of the crime did the acccused (1)know the wrongfulness of the actiosn OR (2)understand the nature and quality of his or her actions--- if no sent to mental instuation |
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what is the McNaughten test?
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used to determiene if person defense motion of insanity to crime
test goes as follows at the time of the crime did the acccused (1)know the wrongfulness of the actiosn OR (2)understand the nature and quality of his or her actions--- if no sent to mental instuation |
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what are (2)types of intoxiation defeneses?
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(1)voluntary (2)involuntary
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Does an intoxiation defense just apply to alcholol?
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no includes any substance such as medicine or drugs
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what is the differ btwn the voluntary intoxication or involuntary intoxication defense ?
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(1)voluntary intoxication-
has specfic "criminal intent" ex)did not intent to commit other crimes (2)involuntary intoxication defense to all crimes -taking substance without knowledge of nature under duress imposed by another or medical doctor's advise |
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what is a voluntary intoxiation defesne
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(1)voluntary intoxication-
has specfic "criminal intent" ex)did not intent to commit other crimes ( |
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what is a involuntary intoxication defense motion?
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2)involuntary intoxication
defense to all crimes -taking substance without knowledge of nature under duress imposed by another or medical doctor's advise |
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describe a infancy defense
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must be less then seven years old
(2)less then 14- rebuttable presumption of no criminal liablity |
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in fl, when it is ok for a person to use self-defenese?
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they may use forice if victim reasonably beleives he or she is acting in
(1)self defense or (2)in defense of others (3)to prevent commission of a feleony in a dwelling (4)in defense of property to prevenet imminent commisssion of a forcible felony (ex)robbery, arson, and burgulary |
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T or F
in fl for a self-defense plea, when deadly force to protect property can only be used if they attempt to flee |
FALSE no longer required
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when may police officer use deadly force?
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where an officer reasonably believes the fleeing felon has committed a crime involving the infliction or threatened inflciation of serious bodily harm to another
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is igonorance a defense to a crim?
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ex) fl- staturoy rape- i did know the person was under 12
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is consent a defense to a crime?
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no ex) statutory rape and mercy killings
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what is the differ btwn the following types of business are formed
sole properiship general partnership limited partnership corporation LLC (5) |
(1)required-
ficitious name filing and organizational liscence form, and tax form (2)general partnership can file statment of partnership and partnership aggrement (3) limited partnership-required must file a certiciate of limited parntership (4)corporation-required must file a articles of incorporation, must have bylaws and meet min standards, and annual report (5)LLC, required must file articles of organization with state and general agreement |
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What are the differ classification of crimes?
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(1)inschoate crime (2)white collar crimes (3)crimes of forces and crimes against property (4)
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what are white collar crimes?
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crimes that generally do not involve violence or businesses
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NAME
these are generally crimes that do not involve violence or businesses |
white collar crimes
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T or F
white collar crimes involves violence |
false
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what are inchoate crimes?
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incomplete/undeveloped crimes
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NAME
these are incomplete/undeveloepd crimes |
inchoate crimes
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what arre some specfic examples of inchoate crimes?
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(1)attempt (2)conspiracy (3)solicitation
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NAME
some examples of these crimes include attempt, conspiracy. and soliciation |
incoate crimes
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what is an attempt crime?
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when a criminal with a spefic intent to commit a crime makes a SUBSTANTIAL step in the commision of crime
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NAME
this is when a criminal with a specific intent to commit a crime makes a substantial step in the commission of crime |
attempt crime
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give ex of attempt crime? (3)
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shoot a gun but miss target person (2)pick pocket person but person not carrying wallet (3)robber changes mind 1/2 way through
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what type of crime is this
shoot a gun, but miss trageted person |
attempt
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what type of crime is this
pick pocket a person but person not carrying wallet |
substantial step
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what is the punishment in fl for attempt crime?
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if guilgy, defendant punished w penalities provided from the next lower degree of the substantive offense
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what is conspiracy?
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an agreement btwn two or more persons to commit an unlawful act or to use unlawful means to acheive an otherwise lawful result
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NAME
this is an agreement between two or more persons to commit an unlawful act or to use unlawful means to achieve an otherwise lawful result |
consipracy
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when are you guilty of conspiracy?
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once make the agreement iteslf
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when is each person liable for their crimes?
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(1)those crimes commited in the furtherance of the conspiracy and (2)were foreseeable
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T or F
in order to be conivected of conspiracy, the person have to have full knowledge of the crime |
false
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does the conspriator need to know all of the detials of the crime or even know every conspirator involved?
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no
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what is the punihsmnet for consipirator
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same as attempt
if guilty, punished with the penatilties provided from the next lower level degree of the substantive offense |
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what is solicitation?
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is asking someone to commit a crime
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NAME
this is asking someone to commit a crime |
soliciation
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when does the crime become soliciation?
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become crime once the person agrees
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what is one defense for soliciation?
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after soliciating, accused has a chanage of heart and persuades the other not to commit the crime or prevents the commission
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what is the punishment in fl for soliciation?
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same as attempt
if guilty, punished with the penatlties provieded for the next lower level degree of substantive offenese |
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what are white collar crimes?
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crimes that do not involve force or violence and business
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what are some exs of white collar crimes? (20)
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(1)improper use of interstate commerce (2)securities crime (3)bribery (4)extortion (5)blackmail (6)improper political infleucne (7)blackmail (8)improper poltical infleunce (9)counterfeiting (10)forgery (11)perjury (12)false claims (13)obtaining goods by false pretenses (14)bad checks (15)false weights, measures, and labels (16)credit card crimes (17)money laundering (18)embezzlement (19)receiving stolen goods (20)obstruction of justice
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what are some exs of white collar crimes ? (20)
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(1)improper use of interstate commerce (2)securities crime (3)bribery (4)extortion (5)blackmail (6)improper political infleucne (7)blackmail (8)improper poltical infleunce (9)counterfeiting (10)forgery (11)perjury (12)false claims (13)obtaining goods by false pretenses (14)bad checks (15)false weights, measures, and labels (16)credit card crimes (17)money laundering (18)embezzlement (19)receiving stolen goods (20)obstruction of justice
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NAME Type OF CRIME
faslse weights, measures, and labels |
white collar crimes
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NAME Type OF CRIME
credit card crimes |
white collar crimes
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NAME Type OF CRIME
money laundering |
white collar crimes
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NAME Type OF CRIME
embezzlement |
white collar crimes
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NAME Type OF CRIME
receiving stolen goods |
white collar crimes
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NAME Type OF CRIME
obstruction of justice |
white collar crimes
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NAME Type OF CRIME
improper use of interstate commerce |
white collar crimes
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NAME Type OF CRIME
sercurities rime |
white collar crimes
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NAME Type OF CRIME
bribery |
white collar crimes
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NAME TYPE OF CRIME
ship impropering goods or transmit improper info in interstate commerce |
improper use of interstate commerce
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NAME TYPE OF CRIME
sending out letters across the nation to defraud the elderly |
improper use of interestate commerce
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NAME TYPE OF CRIME
shiping products made by child labor |
improper use of interstate commerce
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NAME TYPE OF CRIME
transporting illegal goods |
improper use of interstate commerce
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NAME TYPE OF CRIME
act of giving moeny or any other thing of value to a particular person |
bribery
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NAME TYPE OF CRIME
obtaining anything of value by a threat of future crime |
extortion
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NAME TYPE OF CRIME
if you give me 2,000 or ill kill your family |
extortion
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NAME TYPE OF CRIME
form of extortion typically by threat to expose secret |
blackmail
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NAME TYPE OF CRIME
blackmail |
white collar crime
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NAME TYPE OF CRIME
improper poltical influence |
white collar crime
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NAME TYPE OF CRIME
improper poltical influence |
white collar crime
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NAME TYPE OF CRIME
counterfeiting |
white collar crime
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NAME TYPE OF CRIME
forgery |
white collar crime
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NAME TYPE OF CRIME
perjury |
white collar crime
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NAME TYPE OF CRIME
false claims |
white collar crime
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are securities crime a federal, state or both level crime?
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both
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when commiting a securities crime what laws do are they breaking? (2)
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(1)federal-securities exchange act of 1933 (2)florida blue sky law
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for securities crime, is is it a criminal ,civil or both defense?
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can be both
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NAME TYPE OF CRIME
ship impropering goods or transmit improper info in interstate commerce |
improper use of interstate commerce
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NAME TYPE OF CRIME
sending out letters across the nation to defraud the elderly |
improper use of interestate commerce
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NAME TYPE OF CRIME
shiping products made by child labor |
improper use of interstate commerce
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NAME TYPE OF CRIME
transporting illegal goods |
improper use of interstate commerce
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NAME TYPE OF CRIME
act of giving moeny or any other thing of value to a particular person |
bribery
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NAME TYPE OF CRIME
obtaining anything of value by a threat of future crime |
extortion
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NAME TYPE OF CRIME
if you give me 2,000 or ill kill your family |
extortion
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NAME TYPE OF CRIME
form of extortion typically by threat to expose secret |
blackmail
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NAME TYPE OF CRIME
blackmail |
white collar crime
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NAME TYPE OF CRIME
improper poltical influence |
white collar crime
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what is a divertiture order?
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couter order defendent to dispose of shares
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NAME
this is a court order for defendent to dispose of shares |
divestiture order
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T or F
both the giving and recieving of a bribe is a crime |
true
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T or F
only the giving of a bribe is a crime |
false-receiving too
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what is extortation?
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obtaining anything of value by threat of future crime
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T or F
it used to be just for public officials to use extortion |
true not anymore
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For blackmail, if commited by punlica official it is called (1) and if commited by priviate citztzens it is called (2)
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(1)extortation (2)blackmail
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what is improper use of political influence?
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when holder of a govt office HAS a finanical interest in an interprise seeking to do business with the govt
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NAME TYPE OF CRIME
when holder of a govt office HAS a finanical interest in an interprise seeking to do business with the govt |
improper political infleunce
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NAME TYPE OF LAW
making with fradulent intent, a document or coin that appears to be genuine currency but is not |
counterfeiting
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NAME TYPE OF LAW
fraduletny making or materially altering an instrutment that apparently creates or changes legal liability of another person wiht intent to be defraud |
forgery
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NAME TYPE OF LAW
ex of this is signing another person name |
forgery
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NAME TYPE OF LAW
issuing or delevering a forged instrument (altering it ) to anothor |
forgery
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NAME TYPE OF LAW
knowingly giving false testimony in a judical proceeding after having been sworn to tell the truth |
perjury
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NAME TYPE OF LAW
making flalse cliams to an insurance co, govt office, or relief agency is a crime |
false cliams
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what is federal false statement statue?
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make it a crime to knowingly and willfuly make a false material statement to any department or agency in the use
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NAME
this is make it a crime to knowingly and willfuly make a false material statement to any department or agency in the use |
federal false statement statue
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NAME TYPE CRIME
false represntation of future profit |
obtaining goods by false pretenses
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NAME TYPE OF CRIME
writing bad check and knowing that you have no money in your bank account |
obtaining goods by flalse pretenses
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NAME TYPE OF CRIME
pass a check with the intent to defrua with knowlede that there will not be sufficeint funds in the bank to pay the check when it is presented for payment |
bad checks
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NAME TYPE OF CRIME
false weights, measures and labels |
white collar crime
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NAME TYPE OF CRIME
credit card crimes |
white collar crime
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NAME TYPE OF CRIME
money laundering |
white collar crime
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NAME TYPE OF CRIME
embezzlement |
white collar crime
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NAME TYPE OF CRIME
receiving stolen goods |
white collar crime
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NAME TYPE OF CRIME
obstruction of justice |
white collar crime
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NAME TYPE OF CRIME
cheating hte public by use of false, improper or inadequate weights, measures and labels |
false weights, measures and labels
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NAME TYPE OF CRIME
stealing a credit card or to use one wiht knowledge that it has been canceled |
credit card cirmes
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NAME TYPE OF CRIME
knowingly and unwillingfully participating in any type of finanical trnsaction involving unlawful proceedings when the transaction is designed to conceal the source of the funds |
money laundering
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NAME TYPE OF CRIME
fadulent conversion of antoher property by a perosn to whom it has been entrusted to with intent to defraud |
embezzlement
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NAME TYPE OF CRIME
person must know or have reasonable cuase to believe thta the property was stolen |
receiving stolen goods
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NAME TYPE OF CRIME
to cover up a crime |
obstruction of justice
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what is the federal credit card faud act of 1984?
|
federal crime to obtain anything of value in excess of 1,000 by means of counterfiet credit card
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NAME
this says that it is a federal crime to obtain anything of value in excess of 1,000 by means of counterfiet credit card |
federal credit card fraud act of 1984
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what are some exs of crimes of force and crimes against property?
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(1)larceny (2)robbery (3)burgluary
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what is larceny?
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wrongful taking and carrying away of personal property of anotehr by one with intent to depreive owner of property
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NAME TYPE OF CRIME
wrongful taking and carrying away of personal property of anotehr by one with intent to depreive owner of property |
larceny
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what is robbery?
|
taking personal property from the victime by using force or fear
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NAME
this is taking perosonal property from the victim by using force or fear |
robbery
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NAME TYPE OF CRIME
defendant enters and remains in property NOT open to pubic with intent to commit offense |
burgluary
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what is burgulary?
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defendant enters and remains in property NOT open to pubic with intent to commit offense
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what is the differ btwn
larceny robbery burglary |
(1)larceny- wrongful or fraudulent taking and carrying away of personal property of another by one with a fraudulent intent to deprive owner of property (intent to steal) (2)robbery- taking personal property from the victim by use of force or fear (3)burglary - defendant enters and remains in property NOT open to pubic with intent to commit offense
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NAME TYPE OF CRIME
larceny |
crimes of force and crimes against property
|
|
|
NAME TYPE OF CRIME
robbery |
crimes of force and crimes against property
|
|
|
NAME TYPE OF CRIME
burglary |
crimes of force and crimes against property
|
|
|
NAME TYPE OF CRIME
sexual battery |
crimes of force and crimes against property
|
|
|
NAME TYPE OF CRIME
murder |
crimes of force and crimes against property
|
|
|
NAME TYPE OF CRIME
arson |
crimes of force and crimes against property
|
|
|
NAME TYPE OF CRIME
riots and civil disorders |
crimes of force and crimes against property
|
|
|
what are the charges for commiting sexual battery on someone if under 12? (2)
|
if under 12
(1)by adult--capital felony- (death or 25 years ) (2)by minor - life felony (40 years to life) |
|
|
what is the felony murder rule?
|
homicide however, unintended, occuring in the commission of a felony auto charged with murder
|
|
|
NAME
this says that homicide however, unintended, occuring in the commission of a felony auto charged with murder |
felony murder rule
|
|
|
when crimes are commited waht are the differ types of pleas and plea bargains? (3)
|
(1)guilty
(2)NOT guilty- proceed to trail (3)Nolo Contendre (I will not contest it) |
|
|
Can a person withdraw the guilty plea during trial?
|
yes
|
|
|
if a person withdraws their guilty plea during trail can it be held agaisnt them?
|
no
|
|
|
what are the benefits of pleaing No contest?
|
the benefit of this plea is that technically, the accused has not been convicted of crime, only punished for it. thus, for later employment purposes, the person can honeslty say they have not been previously convicted of a crime
|
|
|
T or F
the judge is bound by plea bargaining |
flase
|
|
|
how are setnecing decided for crimes (2)describe process
|
if fl, have guidlines to eliminate unwarrented discretion. have ranges, judge can go over permitted ranges and canot depart from the lowest range
(2)state attonry prepares a score sheet and gives to defesne attorny and judge taking into account the "seriousness" of the cirme and prior criminal recording |
|
|
in fl. how much of their time is a criminal HAVE to serve?
|
85% of the sentence with no parole.
for the remaining 15% can get parole or be release on good behavior in prision |
|
|
in fl, criminal must serve (1)of their setence
|
85%
|
|
|
what is forfeiture?
|
when a defednet is convicted and the court declares that the defendents right o an instrutnment of the crime was forfeited
|
|
|
NAME
this is when when a defednet is convicted and the court declares that the defendents right o an instrutnment of the crime was forfeited |
forfeiture
|
|
|
in the court system, how are victime protected by the law?
what entitles them to comepnsateion? |
(1)statutory assistance---
victim can seek restitution from cirminal (2)federal-victim and witness protection act- orders judge to order victim to make restitution to the vicitim or pay victim the amount of medical expenses or losses of income caused by crime (3)common law tort action-victim may sue defedent |
|
|
what is common law tort action?
|
says that the victim may sue the defenedent
|
|
|
NAME
this says that the vicitime may use the defedent |
common law tort action
|
|
|
describe noraml criminal procedure? (4)
|
(1)intial appearnce- with 24 hrs of arrest.
at hearing judge, determines if there is probable cause to keep the person incarcerated....bond may be set (2)state attorny determines whether a file a "charge" (3)arraignment- if pretiral and trial date are set (4)pre-trial confernse- (attempts at plea bargain are made) (4)trial |
|
|
when are most plea bargan made for criminal defense?
|
at pre-trial conference
|
|
|
in orange county, (1)of plea-bragain are made
|
95%
|
|
|
for non-capital offesnes how many people on a jury? (2)for capital cases?
|
(1)6 people (2) 12 people
|
|
|
in fl, do the jury recommednations be unaminous?
|
no
|
|
|
does the judge have to follow the jury's recommendation punihsment? for death peanlty
|
no
|
|
|
T or F
in fl, the death penatly recommendations made by jurys do not unanimous |
false
|
|
|
in death penatly who deciedes the person punishmnet?
|
the jury make recommandations but utiatelmy the judge deciedes
|
|
|
T or F
in death peantly cases, the jury deceides the punishment |
false-the jduge
|
|
|
what is a tort?
|
a privatate wrong or injury that in which the court will provide a remedy in the form ot an action for damages
|
|
|
NAME
this is a private wrong or injury that in which the court will provide a remedy in the form of an action for damages |
tort
|
|
|
T or F
a tort can be also called a crime |
false
|
|
|
are tort and crime the samething ?
|
no
|
|
|
what is the differ btwn tort and crime?
|
crime-is the govt taking action against the accused
action can be both a crime and a tort |
|
|
what does P stand for?
|
plaintiff
|
|
|
what does D stand for?
|
defendant
|
|
|
what must exist in order for the P to recover damages from the D?
explain in detial |
(1)duty -(must owe a duty)
ex)taken for granted ex) everyone has a duty to act according to the statue as a "reasonable person" (2)breach (voluntary act did not meet the standards of care) (3) causation (D's conduct caused the injury) was the conduct the exact cause? was it reasonable to see that the D actions would cause harm? (4)damages (actual harm and injury caused) |
|
|
what are (2)types of torts?
|
(1)intentional torts- (2)negliegence
|
|
|
what is an intentional tort?
|
the wrongdoer intentionally engages in conduct harms another
|
|
|
give an ex of an intentoinal tort?
|
someone intetionally false imprisioning antoher
|
|
|
NAME
ex of this is someone intentionally false imprisioning another |
intetional tort
|
|
|
what is negliegence?
|
is when the wrongdoers' does (failure to act) careless conduct causes harm to another
|
|
|
NAME
this is when the wrongoer's careless conduct causes harm to another (failure to act) |
negliegence
|
|
|
what is the differ btwn itntetional tort and negliegence?
|
(1)the wronger doer intentionally engages in conduct to harm someone-intentional toprt (2)negliegence-carless conduct causes harm to another (failiure to act0
|
|
|
is negeligence a tort?
|
y
|
|
|
what is a "reasonable person"?
|
this is variable standard which depands on the composite minds of the juror
|
|
|
who determines what a "reasonable person is"
|
the jury
|
|
|
when may the duty to act reasonable be discharged? is this possible?
|
yes ex)adequate warning (rides at disney) (2)making it safe
|
|
|
what are the differ types of negeligence?
|
(1)contributory negligence (2)comparitve
|
|
|
what is contributory negligence?
|
P cannot recover anything if P's own conduct in ANY way contributed to the injury
|
|
|
is contributory negeligence common and accepted as common law?
|
yes
|
|
|
NAME
this says that the P cannot recovery anything if the P's conduct let to the their injury |
contributory negeligence
|
|
|
what is comparitve negelitence?
|
courts compare the negliegenceo f the P and D
|
|
|
what type of negeligence is hte most commonly used?
|
comparative negeligence
|
|
|
T or F
contributory neglience is very commonl;y used in the court |
false-comparative
|
|
|
NAME
this is when the courts compare the negelience of the P and D |
comparitve negeligence
|
|
|
what is the differ btwn contributory and comparative inegeliecne?
|
(1)contributory-is when the p cannot recover becuase the p action contrbuted to the injury
(2)comparative negeligence-compares the P and D negeligence |
|
|
give ex of comparitve negeliegnece how it can be used?
|
slip and fall
p-35% Therefore, amount recovered is reduced by 35% |
|
|
what is absoulte liability in negeligence?
|
liability is imposed without regard to fault if someone is injured
|
|
|
NAME
this is liability is imposed without regard to fault if someone is injured |
limited liabiltiy
|
|
|
limited liablity is called (1)
|
no fault liability or strict liabilit
|
|
|
limited liability can also be called (1)
|
strict liability or no fault liability
|
|
|
give some ex were limited liabiltiy applies? (5)
|
(1)blasting (2)industrial activty (3)dog bite statues (4)crop dusting (5)factories emitting damngerous fumes
|
|
|
with tort, who may sue?
|
(1)person injured (2)those in speacil relationship to P ex spouse or child (3)estate of the deceased
|
|
|
what are some exs of white collar torts? (9)
|
(1)intentional infliction of emtional distress (2)negligenct infliction of emotinal distress (3)invasion of privacy (4)malpractice (5)fraud (6)defmation (7)disparagement of goods and slander of title (8)combo to divert trade (9)wrongful interference with a contract (
|
|
|
NAME TYPE OF TORT
intentional inflkcition of emotional distress |
white collar tort
|
|
|
NAME TYPE OF TORT
negligent inflictio nof emotional distress |
white collar tort
|
|
|
NAME TYPE OF TORT
malpractice |
white collar tort
|
|
|
NAME TYPE OF TORT
invasiion of proprty |
white collar tort
|
|
|
is intentional inflcitio nof emotional distress a common cliam?
|
yes
|
|
|
NAME TYPE OF TORT
lost corpose of spouse |
intentional inflcition of emotional distress
|
|
|
NAME TYPE OF TORT
outrageous pratical joke |
intentional infliction of emotional distress
|
|
|
NAME TYPE OF TORT
driver negligently killed child pedsestrian as a parent looked one |
negliegent infliction of emtional distress
|
|
|
NAME TYPE OF TORT
planting a microphone in the home |
invasion of privac
|
|
|
NAME TYPE OF TORT
p sueing bc o false statement made with knowledge that they are false or with reckless indifference, upon which the p relied |
fraud
|
|
|
NAME TYPE OF TORT
falsity |
defamation
|
|
|
NAME TYPE OF TORT
slander |
demation
|
|
|
NAME TYPE OF TORT
malice- |
demation of public firgue
|
|
|
NAME TYPE OF TORT
strikking empolyees cannot blockade storefornt so as not to allow others to pass into the store |
combo of divert trade
|
|
|
NAME TYPE OF TORT
when d interferes w and brings a breach of a contract btwn 3d person and P |
wrongful interference w contract
|
|
|
NAME TYPE OF TORT
malpracitce |
white collar tort
|
|
|
NAME TYPE OF TORT
fraud |
white collar crime
|
|
|
NAME TYPE OF TORT
defamation |
white collar crime
|
|
|
NAME TYPE OF TORT
disaparagement of goods and slader of title |
white collar crime
|
|
|
NAME TYPE OF TORT
combo of to divert trade |
white collar crime
|
|
|
NAME TYPE OF TORT
wrongful inerference with a contract |
white collar crime
|
|
|
NAME TYPE OF TORT
assault |
trepass to the person
|
|
|
NAME TYPE OF TORT
battery |
trepass to the person
|
|
|
NAME TYPE OF TORT
trepass to person |
tort against person or property
|
|
|
NAME TYPE OF TORT
false imprisionment |
tort against person or property
|
|
|
NAME TYPE OF TORT
trepass to land |
tort against person or property
|
|
|
NAME TYPE OF TORT
trepass to personal property |
tort against person or property
|
|
|
what is trespass to the person
|
contact with person not authorized
ex)assualt (2)battery |
|
|
what is differ btwn assault and battery?
|
(1)assault-reasonable apprehension of unpermitted contact (2)battery-total unpermitted
|
|
|
when determing damages for false imprisoinment? does it matter how long hte preson was restrained?
|
no
|
|
|
what is hte only exception to trespass to land?
|
airplane
|
|
|
what are some types of damages for torts? (2)
|
(1)compensatory (2)punitve damages
|
|
|
what is compensatory damanges?
|
damages used to compensate the p for the actual loss cuased
|
|
|
NAME
these are damages used to comepnsate the P for the acutal losss caused |
comepnsatory damages
|
|
|
what are punitive damages?
|
damages over the compensatory damaanges used to punish the D and message to future Ds
|
|
|
NAME
damages over the compensatory damaanges used to punish the D and message to future |
punitive damages
|
|
|
what is the differ btwn compensatory and puniitve damages?
|
(1)compensatory-damages used to compensate the p for the actual loss caused (2)punitive damages -damages over the compensatory damaanges used to punish the D and message to future
|
|
|
what is defamation?
|
falsity which injuries person reputation
|
|
|
NAME
this is falsity that injuries a person reptutation |
defamation
|
|
|
what is slander?
|
spoken words that defamation of chactor
|
|
|
NAME
these are spoken words that injurys a persons reputation |
slander
|
|
|
what is libel?
|
are written words that injury a persons chacrater
|
|
|
NAME
these are written words that injury a persons chactoer |
libel
|
|
|
what is the idffer btwn libel and slander"? and malice?
|
(1)slander-spoken (2)libel-written (2)malice-when against public official
|
|
|
what is a trademark?
|
any word, name, symbol or devive use to id a product
|
|
|
NAME
this is any word, name, symbol or device used to id a product |
trademark
|
|
|
what is a servicemark?
|
any word, name, symbol, device or combo to id service
|
|
|
NAME
any word, name, symbol device or combo to id service |
servicemark
|
|
|
how does one go about protecting their trademark or servicemark?
|
(1)us patent and trademark office (2)register it with the state of fl/seceretary of state's office
|
|
|
how long does a patent last for a trademark or servicemarkl?
|
indefinite until not used anymore
|
|
|
how many countries is the trademark protected in?
|
60
|
|
|
how long is a registration for a trademark good for?
|
5 years
|
|
|
can a preson use for "unfair competation because of use of their trademark?
|
yes considered a tort
|
|
|
what is a copyright?
|
the exclusive right given by statutory law to the creater of a literact dramatic, musical or artistic work to use, reproduce, and display the work
|
|
|
NAME
this is a the exculsive right given by statutory law to the creater of a literacy, dramatic, musical or artistic work to use, reproduce, and display the work |
copyright
|
|
|
how long does the copyright protection good for?
|
70 years
if the work was a "work for hire" lasts for 95 years |
|
|
T or F
copyright protection is good for lifetime |
flase-70 years
if the work was a "work for hire" lasts for 95 years |
|
|
how do you go about geting a copyright liscence?
|
apply for copyright with the us register of copyright
|
|
|
what is a patent?
|
is the grant of property right ot hte inventor to which is issued by the us patent and trademark office
excludes others from making, using, offering for sale or selling the invention in the us or importating the invention to the us |
|
|
NAME
this is the grant of property right for hte inventor issues by the us patent and trademark office |
patent
|
|
|
how long does a patent last for?
|
new utlity and plant patent- 20 years
duration of design for patent- 15 years |
|
|
T or F
a patent protects the person from other people selling their product in the us and other countries (60) |
false-only us to
|
|
|
what is the differ btwn
trademark servicemark copywright patent |
(1)trademark-any word, name, smybol, or device used to id a product
(2)servicemark-any word, name, symbol, or device to id a service (3)copyright-the exclusive rights to the creater of literacy, dramatic, musical, or artistic work to use, reproduce, and display the work |
|
|
what is the differ in how long the following marks last for?
trademark servicemark copyright patents |
trademark and servicemark- indefinte as long as it conts to be used protected in 60 countries
(2)copyright- 70 years but if a work for hire 95 years (3)patent- terrm for new utiltiy and plant patent- 20 years design of plant- 14 years only importing/exporting in us |
|
|
what is an assignment?
|
transfer of rights/obligations (tranfer of interest)
|
|
|
NAME
this is the transfer of rights/obligations |
assignment
|
|
|
give ex of a assignment?
|
student loans being transferred
|
|
|
what is the assignor?
|
party making the assignment
|
|
|
what is the assignee?
|
party to whom the assignment is made
|
|
|
nAME
this is the party making the assignment |
assignor
|
|
|
NAME
this is the party to whome the assignment is made |
assignee
|
|
|
what is the differ btwn the assignor and the assignee?
|
(1)assignor-is the person making hte assignment (2)assignee-is the person to whom the assignment is amde
|
|
|
A k encompasses both the (1)
|
the rights and obligations of the parties to the K
|
|
|
is an assignment a K?
|
no
|
|
|
T or F
an assignment is a K |
false
|
|
|
describe the form of the assignment?
|
may be in any form bt
(1) must describe the rights (2)must use words of present transfer ex) i assign these rights i now assign these rights |
|
|
T or F
the form of the assignment may be any form |
true
|
|
|
can the assignment be oral?
|
yes
|
|
|
T or F
an assignment has to be in writing |
false-can be oral unless the statue says so
|
|
|
Can you give a partial assignment
|
no
|
|
|
T or F
a partial assignment can be given |
false
|
|
|
When does the assignment take effect?
|
the moment it is made
|
|
|
what contracts may be assinged?
|
all except K
|
|
|
T or F
all contracts can be assigned even K |
false-not k
|
|
|
what is K stand for?
|
contract
|
|
|
what is K?
|
a binding agreement btwn 2 or more parties created enforeable duties and obligations
|
|
|
NAME
a binding agreement btwn 2 or more parties created enforeable duties and obligations |
K
|
|
|
what are the elements of a K? (6)
|
(1)agreement (2)btwn competent parties (3)based upon genuine assent of parties (4)supported by consideration (5)made for a lawful objective (6)in the formed required by the law
|
|
|
promisor is also called the (1)
|
obligor or offeror
|
|
|
obligor is also called the (1)or (2)
|
offeror or promisor
|
|
|
offeror is also called the (1)
|
obligor or promisor
|
|
|
who is the promisor?
|
person who makes the promise
|
|
|
NAME
the person wo makes the promise |
promisor
|
|
|
who is the promisee?
|
person to whom the promise is made
|
|
|
NAME
this is the person to whom the promis is made |
promissse
|
|
|
what does privity to K?
|
contractual relationship btwn promisor and promise
|
|
|
NAME
this refers to the contractual relationship btwn promisor and promise |
privity of K
|
|
|
generally who enters into a K? (5)
|
(1)indivudial (2)partnership (3)corporation (4)govt (5)an agent acting on behalf of another
|
|
|
if there is no ffer or acceptance of the K, do you have a K?
|
no not legally binding
|
|
|
what must happen for a K to be legally binding?
|
must have an offer and acceptance of offer
|
|
|
what is the offer part of a K consits of?
|
a reasonable expression of committement to enter into a K
must contain sufficentla id terms...specifics |
|
|
T or F
a K can be legally binding even if the person has no knowledge of the offer |
false
|
|
|
what are some classes of K? (4)
|
(1)express/implied k
(2)valid/voidable/void (3)executed k /executory k (4)bilateral /unilateral |
|
|
what is a express K?
|
express k
an agreement of the parties manifested by their words (either written or spoken) |
|
|
NAME
an agreement of the parties manifested by their words (either written or spoken) |
express K
|
|
|
what is an implied K?
|
aggreement shown by acts and conduct of parties
|
|
|
NAME
this is a agreement shown by acts and conduct of parties |
implied k
|
|
|
what is the differ btwn expresss and implied k?
|
(1)express k-an agreement of the parties manifested by their words (either spoken or written) (2)implied k- agreement shown by acts and conduct of the parties
|
|
|
what is the valid k?
|
an agreement that is binding and enforeable
|
|
|
NAME
this is a agreement that is binding and enforeable |
valid k
|
|
|
what is a voidable k?
|
an agreement which iso therwise bindinga nd enforeceable but because of circumstances surrounding execution, it may be rejected at the option of one of the parties
|
|
|
NAME
an agreement which iso therwise bindinga nd enforeceable but because of circumstances surrounding execution, it may be rejected at the option of one of the parties |
voidable k
|
|
|
give an ex of voidable k?
|
drunk person signing a K
|
|
|
what class of k whould this be
a drunk person signing on k |
voidable k
|
|
|
what is a void k?
|
agreement without legal effect
|
|
|
NAME
this is an agreement without legal effect |
void k
|
|
|
give an ex of when is K is void?
|
k to commit crime
|
|
|
name type of class of k
k to commit crime |
k is void
|
|
|
what is the differ btwn a executed k and executory k?
|
(1)execuated k-one that has been completely performed (nothing remains to be done by any party)
(2)executory k-something that remains to be done by one or more of the parties (ex utlity k) |
|
|
what is a executed k?
|
k is in which one has been completely peformed (ex-nothing remains to be done by one party
|
|
|
NAME
this is a k is in which one has been completely peformed (ex-nothing remains to be done by one party |
executed k
|
|
|
what is a executory k?
|
something that remains to be done by one or more juries of the parties (utility k)
|
|
|
NAME
this is something that remains to be done by one or more juries of hte parties |
executory k
|
|
|
what is diffe rbtwn valid/voidable/void?
|
(1)valid-an agreement that is binding and enforeable (2)voidable k-an agreement which is otherwise binding and enforeable but becuase of circumstances surroudning execution it may be rejected at the option of one of the parties
(3)void k- agreement without legal effect (ex signing drunk) |
|
|
what is bilateral k?
|
exchange of promises
|
|
|
NAME
this k with exchange of promises |
bilateral k
|
|
|
what is unilateral k?
|
k accepted by performance
|
|
|
NAME
this is k accepted by performance |
unilateral k
|
|
|
what is the differ btwn bilateral and unilateral k?
|
(1)bilateral k- exchange of promises (2)unilateral k- accepted by performance
|
|
|
what is option k?
|
if one of the parties has an absolute right to enter a later K
|
|
|
NAME
this is if one of the aprties has an absolute right to enter a latera k |
option k
|
|
|
what is the right of first refusal?
|
says that party can refuse the first offer of a k
|
|
|
NAME
this is imposes a duty to make the 1st offer to the party having the right of the 1st refusal |
right of the first refusal
|
|
|
what is the differ btwn the bilateral and unilateral k?
|
(1)bilateral k-exchange of promises (2)unilateral k-accepted by perforamce
|
|
|
give ex of a bilateral k
|
1,000 for paint jobe
|
|
|
name type of k
1,000 for pain job |
bilateral k
|
|
|
give ex of unilateral k
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pay anyone 500 to climb of a flag pole
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Name type of k
pay anyone 500 to climb of a flag pole |
unilateral k
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T or F
a quasi k is a really k |
no at all.. it is an obligation
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what is a quasi k?
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is an obligation imposed by a court in order to avoid an injustice
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NAME
this is an obligation imposed by a court in order to avoid an injustice |
quasi k
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in quasi k, who determines what is unjust enrichmnet?
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court
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T or F
out of empathy, a court may allow p to recover the reasonable value of the goods and services conferred upon d |
true
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T or F
the law always jumps into and tries to achieve equity |
false--ex unexpected costs
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in quasi k, does the law always jump in a and try to achice equity?
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(1)No
ex)unexpected costs ex)were goods or services provided were a gift ex) |
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what is the differ btwn the types of crimes and torts?
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CRIMES
INCHOALE CRIMES attempt (2)soliciation (3)conspiracy WHITE COLLAR CRIMES (1)forgery (2)sercurties crime (3)false claims (4)bad checks (5)credit card cliams (6)money laundering (7)ebezzlement (8)extoration (9)bribery (10)blackmail (11)false weights, measures, and labels (12)perjury (13)obstruction of justice (14)improper use of interstate commerce (15)improper political influence (16)counterfeiting (17)obtaining goods under false pretense (18)receveving stolen goods (19) CRIMES OF FORCE AND AGAINST PROPERTY (1)larceny (2)robbery (3)burgurly (4)arson (5)sexual battery (6)murder (7)riots and civil disorders TORT WHITE COLLAR TORTS (1)intential inflcition of emtoinal distress (2)negliegent infliction of emotional distress (3)invasion of privacy (4)malpractice (5)fraud (6)defamation (7)disparagement of goods/slander title (8)combo to divert trade (9)wrongful interfence in contract TORTS AGAINST PERSON OR POPERTY (1)tresspass on person (2)trepass land (3)false imprisonment (4)trepass on personal property |
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what is the differ btwn the types of crimes and torts?
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CRIMES
INCHOALE CRIMES attempt (2)soliciation (3)conspiracy WHITE COLLAR CRIMES (1)forgery (2)sercurties crime (3)false claims (4)bad checks (5)credit card cliams (6)money laundering (7)ebezzlement (8)extoration (9)bribery (10)blackmail (11)false weights, measures, and labels (12)perjury (13)obstruction of justice (14)improper use of interstate commerce (15)improper political influence (16)counterfeiting (17)obtaining goods under false pretense (18)receveving stolen goods (19) CRIMES OF FORCE AND AGAINST PROPERTY (1)larceny (2)robbery (3)burgurly (4)arson (5)sexual battery (6)murder (7)riots and civil disorders TORT WHITE COLLAR TORTS (1)intential inflcition of emtoinal distress (2)negliegent infliction of emotional distress (3)invasion of privacy (4)malpractice (5)fraud (6)defamation (7)disparagement of goods/slander title (8)combo to divert trade (9)wrongful interfence in contract TORTS AGAINST PERSON OR POPERTY (1)tresspass on person (2)trepass land (3)false imprisonment (4)trepass on personal property |
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what is the differ btwn the types of crimes and torts?
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CRIMES
INCHOALE CRIMES attempt (2)soliciation (3)conspiracy WHITE COLLAR CRIMES (1)forgery (2)sercurties crime (3)false claims (4)bad checks (5)credit card cliams (6)money laundering (7)ebezzlement (8)extoration (9)bribery (10)blackmail (11)false weights, measures, and labels (12)perjury (13)obstruction of justice (14)improper use of interstate commerce (15)improper political influence (16)counterfeiting (17)obtaining goods under false pretense (18)receveving stolen goods (19) CRIMES OF FORCE AND AGAINST PROPERTY (1)larceny (2)robbery (3)burgurly (4)arson (5)sexual battery (6)murder (7)riots and civil disorders TORT WHITE COLLAR TORTS (1)intential inflcition of emtoinal distress (2)negliegent infliction of emotional distress (3)invasion of privacy (4)malpractice (5)fraud (6)defamation (7)disparagement of goods/slander title (8)combo to divert trade (9)wrongful interfence in contract TORTS AGAINST PERSON OR POPERTY (1)tresspass on person (2)trepass land (3)false imprisonment (4)trepass on personal property |
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what is an offer?
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is an expression of the willingness of the offeror to enter into a contracutal relationship
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NAME
this is an expression of the willingess of the offeror to enter into a contracutal relationship |
offer
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what does an offer consist of ?
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(1)contracutal intention (a reasonable expression of commitment to enter into a k(2)definitness (contains sufficently id terms) (3)communication of offer (offerre is aware of the offer)
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what is a contracutal intention?
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means that an offeror must INTENTD to create a legal obligation and there must be a reasonable expresion of commitment to entor into a k
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NAME
this refers to how means that an offeror must INTENTD to create a legal obligation and there must be a reasonable expresion of commitment to entor into a k |
contracutal intention
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T or F
often times the first statement made by one of the parties is the offer |
false....it is a simly an invitiation to negotitate
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what are some things that are generally construed as invtitation to negoiate an offer?
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(1)circular (2)ads in paper (3)price quotations
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if the contract fails to mention an agreement to make a K a later date or essential terms are left out, is the k valid?
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no you do not have a k
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what does definitness of the material terms for a k mean?
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means that the
the offer and resulting k must be definite and certain |
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Are courts generally willing to rewrite an agreement of hte parties in order to make it more denfinite?
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no
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what may a court examine from a k?
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will ENFORCE INTENT Of k
look at (1)whether another doc was included by referenece (ex) parties agreed to follow standard "form lease" (2)the prior dealings of the parties (3)reasomable implied terms (ex) if i pay 50 for the watch. its reaonsable to imply that it is not a new rolex) (4)if it is a multi-part k,c courts may be willing to not enforce the indefinite terms, but enforce the definite ones (5)ignore unimportant or vague details |
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what are some exceptions to the "definitness rule? in court stiutions?
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(1)outputk -i promise to sell you all i manufacture (2)requirements of k- i promise to buy all i need from you
(in both cases, courts look at prior course of dealings btwn the parties , despite the fact that on its face the contract appears indefinite |
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describe the
communicating the offer to offeree how is it susposed to be done? |
offer must be communciated to the offeree (2) an offer is perosnal and cannotb e assigned
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T or F
an offeree can be assinged |
false
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can an offeree be assigned/
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no
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if an offer is terminated prior to the offeree accepting the offer, can the offerree accept the terminated offer?
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no
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T or F
if an offer is terminated prior to the offeree accepting the offer, the offeree can still accept the terminated offer |
false-- no
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Can an offeror expressessly revoke the offer prior to accepting the offeree accepting?
are there certain requirements? what are the exceptions? |
yes
(1) |
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what is a revocation of a offer?
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means that the offeror terminates the offer made to the offeree (before they accept it)
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NAME
this means means that the offeror terminates the offer made to the offeree (before they accept it) |
revocation of an offer
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when is a revocation of an offer effective?
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when the offeree is made aware of the termination of the offer
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when are some exceptions to when an offer is cannot be terminated?
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(1)option k- is put into contract to keep offer open (2)firm offer- (3)if court concludes that oferree relied on the offer remaining open such that the offeree relieed on the k
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what is a firm offer?
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when an offer states that it is to be irrevoacable for a stated period of time
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NAME
this is an offer in which is the offer states that it is to be irrevoacable for a stated period of time |
firm offer
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Can offeree make a counter offer?
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yes
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Does a counter offer revoke the orginal offer?
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yes
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NAME
this refers to any departure from the or addition to the original offer |
counteroffer
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what happens if a offeree rejects the offer?
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offer terminated--regardless of a later change of heartr
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if a offeree changes there mind after rejecting an offer, is the offer legal still binding or terminated?
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terminated -regardless of a change of heart
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T or F
an offeree may not reject a offer |
false
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can a laspe of time termiante an offer?
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yes...if stated in writing
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when can an offer terminate? (5)
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(1)the offeror deciedes to revoke the offer before it is accepted (2)offere made a counteroffer-orginal offer terminated (3)offerre rejected offer (4)laspe of time (5)if either party terminates or becomes insane (6)subsequent illegality-if performance of k becomes illegal, offer terminates (k to sell liquior and sells to minors or prohibits sale of liquor)
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what are some acceptions to when an offer cannot be terminated?
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(1)option k (2)firm offer (3) if court concludes that the offeree relied on the offer remaining open
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what is an offer?
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is an expression of willingess of an offeror to enter into a contracutal relationship or k
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NAME
this is an expression of willingess of an offeror to enter into a contractual relantonship or k |
offer
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what is the acceptance of an offer?
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offeree accepts terms of an offer
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NAME
this is assent of the offeree to the terms of the offer |
acceptance of offer
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for the acceptance of an offer what must occur?
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unless k states otherwise, offerr may accept in ANY reasonable manner as LONG as clear expresion that the offeree is bound by all the terms of the offer (MUST COMMUNICATE ACCEPTANCE)
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when refering to the acceptance of an offer, what does it mean by the offeree must accept in a "resonable manner" (4)
what are the differ ways can be accepted into k? (offer) |
expression of words (nodd of head)
(2)act- (such as with a unilateral k) (3)wahterve k states (4)signing |
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when is the k binding?
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the min the offeree accepts the offer in a REASONABLE MANNER
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once the offer is accpeted, can the party withdraw the offer?
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no legally binding. however, can make counteroffer/try to change the terms
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who can accept an offer?
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the person to whom the offer is being made (2)his or her agent
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what is the only exception to who can accept the offer?
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if th offer is directed at the public at large
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Can you accept a mail or telegraph?
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yes
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what is the mailbox rule about accepting an offer?
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acceptance by mail creates k moment it is posted
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if someone accepts an offer by mail, when is the k binding?
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have the mailbox rule- acceptance of k moment it posts (if proprely stamped and addressed)
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T or F
if the person accepts an offer and mails it in. however, acceptance letter never reaches the offeror. the k is still accepted and valid |
true
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is the offer still accepted and k valid, if the offeree's acceptance letter gets lost in the mail?
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yes
however, requires proof ex)copies |
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Can you accept a offer by phone or fax?
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ye
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T or F
an offer cannot be accepted by fax or telegram |
false
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if an offer is accpeted on the phone , when is the k valid/accepted?
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when spoken
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In Florida, which of the following entities can elect to be taxed as a partnership or as a corporation?
a. Sole Proprietorship b. Limited Liability Company c. Partnership d. S Corporation e. Only b and d |
e
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Which of the following statement(s) regarding the crime of conspiracy is/are TRUE?
a. It involves two or more persons. b. It is not a crime if the conspirator does not know all of the details of the crime. c. It is not a crime if the conspirator changes his mind before the actual crime is committed. d. Only A and B e. A, B, and C |
a
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Alex is in an automobile accident and is injured, partly because he was not wearing a seatbelt. In a contributory negligence state,
a. he could likely only recover damages for the percentage of injuries which were not directly related to him not wearing a seatbelt. b. he could not recover damages. c. he could likely recover full damages if injury were proven. d. he could only recover damages if he could prove that he did not know he should wear a seatbelt. e. None of the above. |
b
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. Question 4 (Chapter 12)(Points: 10.0)
Which of the following could NOT generally enter into a contract? a. An individual. b. A corporation. c. The government. d. An agent acting on behalf of another. e. None of the above. |
e
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A telephoned acceptance is:
a. Never effective. b. Effective when and where acceptance is spoken into the phone. c. Effective when the number is dialed correctly. d. Effective when the offeror (or his/her agent) anwers the phone. e. None of the above. |
b
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