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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


association of two or more people, business for profit, owners are liable


seperate entity from any one person

debts are all on business

elected people run company


dispute settled by third party through negotiations


when neutral third party comes in and offeres suggestions to break deadlock


is when neutral third party comes in and settles dispute between workers and management


intentional contact that is harmful or offensive


intent plus the thought of battery will occur


legally enforceable exchange of promises


inducement to contract, what is being exchanged

statue of frauds

the law that tells you when a contract must be in writing to be enforceable


act breaching a duty of care, taking a unreasonable risk, causing injury

constructive eviction

not physically evicted, landlord makes conditions so bad you are forced to move

reasonable doubt

saying there is no other reason something would happen

fellow servant rule

employers are not liable for workplace injuries that result from negligence of other employees

preponderance of the evidence

used in civil case decide case


national labor relations act, act was passed for the purpose of protecting and encouraging growth of the union movement


a legally enforced relationship of trust, confidence and responsibility


equal employment opportunities commission

federal body that makes policies/ approves employment discrimination suits

grand jury

16-23 members who decide if a case should be brought to trial, takes 12 votes

articles of incorporation

the document filed with state government to establish the existence of a new corporation

judicial review

states that legislative and executive branches can review the decision of the judicial branch, seperation of powers

stare decisis

let the decision stand

establishment clause

government cannot establish, support or sponsor religion

free exercise clause

government cannot interfere with people practicing their religious beliefs

exclusionary rule

illegally obtained evidence cannot be used by prosecutors case

substantive due process

protection against federal and state governments from someone life, liberty and property

procedural due process

whenever government wants to take someones life, liberty or property it must go through the process

probable cause

has to pass unreasonable search test

does person have expectation of privacy

does society think this expectation is reasonable


national labor relation board

independent agency of US government

charged with conducting elections for labor union representation, and investigating unfair labor practices


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

strict liability

ultra hazardous activity, fire, animals

good faith

general presumption that the parties of a contract with act fairly, honeslty and in good faith

what is most common type of business

sole proprietorship

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

ultra vires act

cannot do something outside corporations parameters

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

clayton act of 1914 as related to labor unions

first major federal law to favor unions. Unions are not inherently restricted of tradeq

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

mandatory subjects of collective bargaining



terms and conditions

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

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

what did civil rights act of 1866 do?

guarentees contract and property rights regardless of race

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

what types of discrimination are prohibited under title 9?

race, sex, religion, color and national origin

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

what is BFOQ

bona fide occupational qualification

must have authenticity, modesty, refusal to deal,

one thing that cannot be BFOQ is race

what is disparate impact and whats the test to see if its illegal

employment practice is neutral on face, but has discriminatory results

4 valid elements of a contract

1. mutual agreement

2. consideration

3. legality of the object

4. capacity of the parties

what does the term intentional mean as it applies to tort law?

volitional act committed with substantial certainty that harm will result

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

understand idea/ expression dichotomy

ideas are not copyrightable, but expressions of are copyrightable, last for life of author plus fifty years

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

UAW vs Johnson controls

case tells us to be a BFOQ, it must relate to the essence or central mission of the employers business

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

marbury vs madison

judicial review

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?

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

supreme court justices

antonin scalia

anthony kennedy

clarence thomas

elena kagan

john roberts (chief )

ruth bader ginsburg

stephen breyer

samuel alito

sonia sotomayor

eat ass

eat ass