Fichas
Comprehensive Business Law Exam
Fichas del conjunto (38)
- 1Agency TheoryPrinciple and Agent
agent works for principal
principal has duty to indemnify (protect) agent - 2Elements of a Contract(1) Agreement
(2) Consideration
(3) Contractual Capacity
(4) Legality - 3AgreementOffer and Acceptance
- 4ConsiderationThe bargain for exchange
- 5Contractual CapacityMust have mental capacity to understand that entering into a contract will have ramifications and can understand them. Minors, adjudicated mentally incompetent, intoxicated persons
- 6LegalityContract must be for a legal purpose
- 7Tort ClassificationsIntentional
Unintentional
Strict or Product Liability - 8Intentional TortsConcept: Focus on intent
Damages: Compensatory and Punitive - 9Unintentional (Negligence) TortsElements:
Duty of care - reasonable person under same circumstances
Breach of Duty
Causation - "but for" test
Damage or injury - degree of permanence
Foreseeable - 10Strict or Product LiabilityConcept: put out a product that injuries someone, no intent, but poorly made, no warning labels
Damages: Compensatory (make whole) - 11Civil law burden of proofPreponderance of the evidence
- 12Criminal law burden of proofBeyond a reasonable doubt
- 13Elements of GuiltActus reus: guilty act
Mens rea: guilty mind - 14Criminal and Civil TortsAssualt and Battery
- 15Business OrganizationsSole Proprietorship
Partnership
Corporations
Hybrids - 16Sole ProprietorshipOne owner
Difficulty financing
Unlimited liability - 17PartnershipShare profits and losses
"Pass-through" taxation - 18CorporationOwnership is represented by stock
generally many owners, one individual can hold all stock, corps can "own" other corps
Double taxation - 19HybridsMultiple types of corps and partnerships
ex. Limited Liability Company (LLC) - 20Uniform Commerical Code (UUC)Covers commercial transactions
- 21UCC Art 2Covers sales: Transfering of title from seller to buyer for price
- 22UCC Art 2ACovers leases - Owner of property is transferring right to use for price
- 23Shipment ContractsOnce goods leave seller, no longer responsible for goods
- 24Destination ContractSeller is responsible for goods until goods reach buyer
- 25UtilitarianismGreatest good for the greatest number of people
includes the cost-benefit analysis - 26Golden RuleDo unto other as you would have them do unto you
- 27Moral MinimumComplying with legal standard
- 28Principle of RightsHow the decision affects the rights of others
- 29Corporate Social ResponsibilityBusinesses should act ethically and be accountable to society for their actions
- 30StakeholdersThose that have an interest or are impacted by company decisions
- 311st AmendmentFreedom of religion, speech, press, assembly, and petition
- 325th AmendmentRight to remain silent
Double jeopardy
Right to due process - 334th AmendmentFreedom from unreasonable searches and seizures
- 34Title VII of the Civil Rights Act of 1964Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of employment
- 35Bilateral ContractPromise for a promise
- 36Unilateral ContractPromise for an act
- 37Statute of FraudsState statute under which certain types of contracts must be in writing to be enforceable
- 385 Contracts that must be in writing(1) sale of an interest in land
(2) performance that extends 1yr
(3) surety; assumes someone else's debt
(4) marriage
(5) sale of goods over $500
Información
- Descripción
- PLAW 4443 - Advanced Legal Research and Theory Post Program Exam
- Creado por
- Carley Hoyle
- Visitas
- 8
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