Management Issues/law

Front 1

Community Property Rule

Back 1

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.

Front 2

Statue of Frauds (part one)

Back 2

Issue: Property Law
All transfers of interest in real property must be involved with a deed, otherwise it's void.

Front 3

Race Notice Rule

Back 3

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.

Front 4

Testamentary Transfer Rule

Back 4

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.

Front 5

Adverse Posession Rule

Back 5

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.

Front 6

Battery

Back 6

Issue: Intentional Torts
Harmful or offensive contact.

Front 7

Assault

Back 7

Issue: Intentional Torts
Reasonable fear or harmful contact.

Front 8

Trespass

Back 8

Issue: Intentional Torts
Inference with the use or enjoyment of another's property.

Front 9

Defamation

Back 9

Issue: Intentional Torts
A published or publicly spoken false statement that causes harm to another's reputation or character.

Front 10

Negligence

Back 10

Issue: Negligence
The breach of a duty that causes harm.

Front 11

Automobile Driver's Duty

Back 11

Issue: Negligence
Automobile drivers have a duty to obey the statutory "rules of the road".

Front 12

Business Owner's Duty

Back 12

Issue: Negligence
Business owners have a duty to make reasonable inspections of areas open to the public and correct any hazardous situations covered.

Front 13

Duty of Trespassers

Back 13

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."

Front 14

Statute of Frauds (part two)

Back 14

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.

Front 15

Statute of Frauds (part three)

Back 15

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.

Front 16

Merchant Memorandum Rule

Back 16

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.

Front 17

Mitigation of Damages

Back 17

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

Front 18

Respondeat Superior

Back 18

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.

Front 19

Business Partnership Rule

Back 19

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.

Front 20

Partnership Liability Rule

Back 20

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.

Front 21

Piercing the Corporate Veil

Back 21

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.

Front 22

Employment at Will Rule

Back 22

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.

Front 23

Workers Compensation Rule

Back 23

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.

Front 24

Workplace Nondiscrimination Rule

Back 24

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.

Front 25

Rational Basis Test

Back 25

Issue: Constitutional Law
Government action must be rationally related to a legitimate government purpose. Burden of proof is on the challenger.

Front 26

Strict Scrutiny

Back 26

Issue: Constitutional Law
Government action must be narrowly tailored to meet a compelling government interest. Burden of proof is on the government.

Front 27

Heightened Scrutiny

Back 27

Issue: Constitutional Law
Government action must be substantially related to an important government interest. Burden of proof is on the government. (Comercial Speech)

Front 28

Equal Protection

Back 28

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.

Front 29

Rule of Judicial Interpritation

Back 29

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.

Front 30

Federal Preemption

Back 30

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.

Front 31

Undue Burden Rule

Back 31

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.

Front 32

Administrative Due Process

Back 32

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.

Front 33

Exhaustion of Remedies

Back 33

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.

Front 34

Long Arm Jurisdiction

Back 34

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.

Front 35

Default Judgement Rule

Back 35

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.

Front 36

Product Liability

Back 36

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.

Front 37

Disability in the Workplace

Back 37

Issue: Employment Law
Employers who fail to make “reasonable accommodations” for disabled employees may be liable for unlawful discrimination that is actionable for damages.

Front 38

(Chapter 10) Which answer best describes what "Good Ethics Makes Good Business" is an appeal to?

Back 38

Self-interest and expediency

Front 39

(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?

Back 39

With top management

Front 40

(Chapter 10) Which answer best describes how corporate real-estate developers, most especially, have harassed evironmentalist critics of their development projects?

Back 40

With frivilous, strategic lawsuits against public participation

Front 41

(Chapter 10) Which answer best describes something that would NOT be a consequence of "misbehaving" as a corporation?

Back 41

Improved employee performance

Front 42

(Chapter 10) Which answer best describes a problem with the assertion that "the business of business is money"?

Back 42

It focuses attention on the money making effect

Front 43

(Chapter 10) Which answer best describes, at least according to Maslow and his hierarchy, what "level" most of us are stuck on?

Back 43

Esteem needs

Front 44

(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?

Back 44

Satisfactory profit

Front 45

(Chapter 10) Which answer best describes what the maintenance of high ethical standards is a measure of?

Back 45

Sympathy

Front 46

(Chapter 10) Which answer best describes what is an essential characteristic of an environment that promotes ethics?

Back 46

Trust

Front 47

(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?

Back 47

To the planet and future generations?