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47 Cards in this Set

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  • Back
Community Property Rule
Issue: Property Law
Married persons are presumed to have an equal intrerest in property acquired by their marital community; should the marital community end, a court will attempt to convey on half of the value of such community property of each person.
Statue of Frauds (part one)
Issue: Property Law
All transfers of interest in real property must be involved with a deed, otherwise it's void.
Race Notice Rule
Issue: Property Law
The "first in time" to publicly record an interest in property will be the "first to take" value in subsequent claims against it.
Testamentary Transfer Rule
Issue: Property Law
Upon its owner's death, property is trasferred accorrding to the term of the owner's written will; if there is no will, property is transferred by statute in order of precedence to spouse, children, parents, siblings, and then more distant relatives.
Adverse Posession Rule
Issue: Property Law
Person other than the owner of real property may take title to the property provided they occupy the property for not less than 10 years in a manner that is hostile to the original owner's interest.
Battery
Issue: Intentional Torts
Harmful or offensive contact.
Assault
Issue: Intentional Torts
Reasonable fear or harmful contact.
Trespass
Issue: Intentional Torts
Inference with the use or enjoyment of another's property.
Defamation
Issue: Intentional Torts
A published or publicly spoken false statement that causes harm to another's reputation or character.
Negligence
Issue: Negligence
The breach of a duty that causes harm.
Automobile Driver's Duty
Issue: Negligence
Automobile drivers have a duty to obey the statutory "rules of the road".
Business Owner's Duty
Issue: Negligence
Business owners have a duty to make reasonable inspections of areas open to the public and correct any hazardous situations covered.
Duty of Trespassers
Issue: Negligence
A land owner has NO duty to adult tresspassers; however a land owner must take reasonable stepts to correct hazardous situations on the land that are "attractive to children of tender years."
Statute of Frauds (part two)
Issue: Contract Law
A contract for services not to be completed in under one year must be in writing and signed by the party to be bound or is void.
Statute of Frauds (part three)
Issue: Contract Law
A contract for the future deliver of goods valued at $500 or more must be in writing and signed by the party to be be bound or is void.
Merchant Memorandum Rule
Issue: Contract Law
As between merchants, oral agreements for future delivery of goods excess of $500 value are valid without a formal contract provided the terms of the sale are memorialized in a writing (such as a memorandum or bill of sale) prepared and transmitted by at least one of the parties with an reasonable time following the oral agreement.
Mitigation of Damages
Issue: Contract Law or Tort Law
A party injured by the conduct of another must take reasonable steps to permit further damage or the injuring party shall not be held liable to the extent damage could have been limited
Respondeat Superior
Issue: Contract Law
A principal (employer) is liable for a contract formed or a tort committed by an agent (employee) acting within the scope of the agency.
Business Partnership Rule
Issue: Business Organization
A legally enforceable partnership is formed when two or more people enter into a business for profit. Unless specified differently in writing, the parnters will share equally in the business' profits, debts, assets, etc.
Partnership Liability Rule
Issue: Business Organization
Each oartner is equally liable to the third parties for contraqcts formed or torts committed by any other parnter acting within the scope of the partnership's business.
Piercing the Corporate Veil
Issue: Business Organization
A stockholder's libility for corporate debts is limitred by the amount paid for their shares. However, a stockholder who controls the day-to-day operations of an intentionally underfunded corporation may be held personaly liable for damages incurred by the corporate entity.
Employment at Will Rule
Issue: Business Organization
Washington State is an employment-at-will state; an employee may be terminated at the employer's sole discrestion barring 1) contract limitations, 2) statutory prohibitions governing employment nondiscriminiation, and/or 3) public policy mandates.
Workers Compensation Rule
Issue: Employment Law
Employee injured on the job in Washington State are insured by the State Workers Compensation Fund regardless of fault and may not sue employers for damages except in cases where the harm was caused by knowing and undisclosed exposure to an ultra-hazardous condition.
Workplace Nondiscrimination Rule
Issue: Employment Law
Employment status conditioned on race, national origin, gender, age or religion (including marital status, politcal creed and sexual orientation in Washington State) that is not cased on bonafide occupational qualification (BFOQ) constitutes unlawful discrimination that may be actionable for damages.
Rational Basis Test
Issue: Constitutional Law
Government action must be rationally related to a legitimate government purpose. Burden of proof is on the challenger.
Strict Scrutiny
Issue: Constitutional Law
Government action must be narrowly tailored to meet a compelling government interest. Burden of proof is on the government.
Heightened Scrutiny
Issue: Constitutional Law
Government action must be substantially related to an important government interest. Burden of proof is on the government. (Comercial Speech)
Equal Protection
Issue: Constitutional La
The differing treatment of people based upon a classification such as a person's race, how much a person ears, or a person's gender.
Rule of Judicial Interpritation
Issue: Statutory Interpretation
Courst will interpret legislative components 1) According to the plain meaning of the words used to construct the law and 2) the intent of legislators enacting the law.
Federal Preemption
Issue: Conflict of Laws
State laws governing a subject are prohibited where a law under federal jurisdiction 1) attempts to regulate the entire subject by "occupying the field", or 2) the state law directly conflicts with some aspect of federal law.
Undue Burden Rule
Issue: Conflict of Laws
State laws may not unfairly favor local commerce or place an undue burden on interstate commerce through irrational and prohibitive restrictions.
Administrative Due Process
Issue: Administrative Law
Parties affected by agency action must be given notice of the pending action, informing them of their oppurtunity to be heard on the proposed action by an unbiased tribunal.
Exhaustion of Remedies
Issue: Administrative Law
Unless a party deomnstrates that obtaining a remedy within an administrative agency would be futile, a party affected by agency action must exhaust all administrative remedies before action may be reviewed in court.
Long Arm Jurisdiction
Issue: Civil Procedure
In order for a state (including a state court) to exercise jurisdiction over a person or entity, the person or entity must have "minimum contacts" with the state that 1) are systematic and continuous and 2) do not offend the notion of fair play and substantial justice.
Default Judgement Rule
Issue: Civil Procedure
A defendant in a civil lawsuit must file an answer to the plaintiff's complaint within 30 days (60 days if the defendant is out of state) of recieving proper notice of a lawsuit or a court may grant default judgement and provide the plaintiff with all requested damage.
Product Liability
Issue: Consumer Law
One who sells an "unreasonably, dangerous, defective product" that reaches a consumer with out substantial alteration is strictly liable for all harm resulting from the defect.
Disability in the Workplace
Issue: Employment Law
Employers who fail to make “reasonable accommodations” for disabled employees may be liable for unlawful discrimination that is actionable for damages.
(Chapter 10) Which answer best describes what "Good Ethics Makes Good Business" is an appeal to?
Self-interest and expediency
(Chapter 10) Which answer best describes who must set an example for the creation and maintenance of ethical standards in a firm? In other words, where does this start?
With top management
(Chapter 10) Which answer best describes how corporate real-estate developers, most especially, have harassed evironmentalist critics of their development projects?
With frivilous, strategic lawsuits against public participation
(Chapter 10) Which answer best describes something that would NOT be a consequence of "misbehaving" as a corporation?
Improved employee performance
(Chapter 10) Which answer best describes a problem with the assertion that "the business of business is money"?
It focuses attention on the money making effect
(Chapter 10) Which answer best describes, at least according to Maslow and his hierarchy, what "level" most of us are stuck on?
Esteem needs
(Chapter 10) Which answer best describes what is no less than the total return investors could earn if they were to invest somewhere else with comparable risk?
Satisfactory profit
(Chapter 10) Which answer best describes what the maintenance of high ethical standards is a measure of?
Sympathy
(Chapter 10) Which answer best describes what is an essential characteristic of an environment that promotes ethics?
Trust
(Chapter 10) Which answer best describes, given an observation that for too long business has taken a dangerously narrow view of its "stakeholders", the moral duty we owe?
To the planet and future generations?