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60 Cards in this Set
- Front
- Back
sole propreitorship |
owned my single person advantage- no managment issues, disadvantage- all liability on owner |
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partnership |
association of two or more people, business for profit, owners are liable |
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corporation |
seperate entity from any one person debts are all on business elected people run company
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conciliation |
dispute settled by third party through negotiations |
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mediation |
when neutral third party comes in and offeres suggestions to break deadlock |
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arbitration |
is when neutral third party comes in and settles dispute between workers and management |
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battery |
intentional contact that is harmful or offensive |
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assault |
intent plus the thought of battery will occur |
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contract |
legally enforceable exchange of promises |
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consideration |
inducement to contract, what is being exchanged |
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statue of frauds |
the law that tells you when a contract must be in writing to be enforceable |
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negligence |
act breaching a duty of care, taking a unreasonable risk, causing injury
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constructive eviction |
not physically evicted, landlord makes conditions so bad you are forced to move |
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reasonable doubt |
saying there is no other reason something would happen |
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fellow servant rule |
employers are not liable for workplace injuries that result from negligence of other employees |
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preponderance of the evidence |
used in civil case decide case |
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NLRA |
national labor relations act, act was passed for the purpose of protecting and encouraging growth of the union movement |
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fiduciary |
a legally enforced relationship of trust, confidence and responsibility |
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EEOC |
equal employment opportunities commission federal body that makes policies/ approves employment discrimination suits |
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grand jury |
16-23 members who decide if a case should be brought to trial, takes 12 votes |
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articles of incorporation |
the document filed with state government to establish the existence of a new corporation |
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judicial review |
states that legislative and executive branches can review the decision of the judicial branch, seperation of powers |
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stare decisis |
let the decision stand |
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establishment clause |
government cannot establish, support or sponsor religion |
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free exercise clause |
government cannot interfere with people practicing their religious beliefs |
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exclusionary rule |
illegally obtained evidence cannot be used by prosecutors case |
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substantive due process |
protection against federal and state governments from someone life, liberty and property |
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procedural due process |
whenever government wants to take someones life, liberty or property it must go through the process |
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probable cause |
has to pass unreasonable search test does person have expectation of privacy does society think this expectation is reasonable |
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NLRB |
national labor relation board independent agency of US government charged with conducting elections for labor union representation, and investigating unfair labor practices |
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fraud |
misrepresentation of a material of fact made with knowledge of the falsify of the statement with intent to cause another act which in fact causes another to act to his detriment of injury |
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strict liability |
ultra hazardous activity, fire, animals |
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good faith |
general presumption that the parties of a contract with act fairly, honeslty and in good faith |
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what is most common type of business |
sole proprietorship |
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what are different sets of corporate powers |
1. they can do what provided for in articles of incorporation 2.there are implied powers 3. Ultra vires act, cannot do something outside of corporations parameter |
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ultra vires act |
cannot do something outside corporations parameters |
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what are the fiduciary duties of men on corporate board of directors |
1. duty of care- must use same degree of care with the corporations as you would your own business 2. duty of loyalty - corporate officers and directors must not have self dealings or interlocking directorates |
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clayton act of 1914 as related to labor unions |
first major federal law to favor unions. Unions are not inherently restricted of tradeq |
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in labor negotiation, both sides are obligated to bargain in good faith, what does this mean>? |
obligated to participate actively in the deliberations so as to indicate a persons intention to find a basis of agreement |
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mandatory subjects of collective bargaining |
wages hours terms and conditions |
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what are the two categories of strikers and how can they be treated differently q |
1. economic striker 2. unfair labor practice striker economic striker can be permanently replaces, unfair labor practice striker can only be temporarily replaced |
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works comp basic principals that are same in all states |
1. works comp is generally compulsory 2.types of injuries covered 3. works comp laws are no fault |
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what did civil rights act of 1866 do? |
guarentees contract and property rights regardless of race
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if EEOC investigate a charge of discrimination and believes a title 9 has be violated whatdo they do? |
Must first attempt conciliation then they can file for lawsuit |
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what types of discrimination are prohibited under title 9? |
race, sex, religion, color and national origin |
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what is test to prove whether disparate is illegal ? |
1. plantiff must show they are part of protected class, they are qualified for the job, and they suffered negative employment consequence 2.defendant must show legitimate business purpose for the decision 3. platiff must show business purpose is mere pretext for discrimination |
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what is BFOQ |
bona fide occupational qualification must have authenticity, modesty, refusal to deal,
one thing that cannot be BFOQ is race |
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what is disparate impact and whats the test to see if its illegal |
employment practice is neutral on face, but has discriminatory results |
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4 valid elements of a contract |
1. mutual agreement 2. consideration 3. legality of the object 4. capacity of the parties
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what does the term intentional mean as it applies to tort law? |
volitional act committed with substantial certainty that harm will result
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what are the two primary duties that landlords have with respect to their tenants |
covenant of quiet enjoyment- landlord must provide tenant with full possessory rights implied warranty of habitability- must provide premises that meet a minimum standard of live- ability |
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understand idea/ expression dichotomy |
ideas are not copyrightable, but expressions of are copyrightable, last for life of author plus fifty years |
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what is adversarial process |
both sides present evidence against each other based on that truth with eventually come out
better for ten guilty men go free than 1 innocent man go to prison |
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UAW vs Johnson controls |
case tells us to be a BFOQ, it must relate to the essence or central mission of the employers business |
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Palsgraf v long island railroad case, who wrote majority of opinion on the case? |
to be liable to negligence the injury must be foreseeable. Majority opinion was written by long island railroad |
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marbury vs madison |
judicial review |
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four question we ask for tort cases |
1. is there legally protected interest? 2. what is the nature of defendants conduct 3. is there close connection with defendants actions and plantiffs injury? 4. are there any defenses?
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five protections granted by first amendment |
freedom of speech, religion, freedom of press, freedom of assembly, freedom to petition the government for a redress of grievances |
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supreme court justices |
antonin scalia anthony kennedy clarence thomas elena kagan john roberts (chief ) ruth bader ginsburg stephen breyer samuel alito sonia sotomayor |
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eat ass |
eat ass |