Endangered and threatened Species Habitat
Authorizes designation of critical habitat _ areas needed to preserve endangered species and calls for recovery plans for listed species. Under the ESA, no person may take, import, or conduct commercial activity with respect to any endangered species. Edit
A formal legal document, which is required by and filed with the Securities and Exchange Commission, that provides details about an investment offering for sale to the public. A prospectus should contain the facts that an investor needs to make an informed investment decision. Edit
Norris LaGuardia Act of 1932 (NLRA)
have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate terms and conditions of his employment. This prohibits the federal court from issuing injunctions in nonviolent labor disputes also prohibits employers from requiring employees to sign "yellow dog contract "(not to join a union or risk of being fired if they do). enacted by the congress in 3 major phases Edit
A fresh start where the Court exonerates all debts and no debt is owed once the case is concluded. Available for people and businesses. Assets are subject to be taken by creditors.
- Federal court procedure in which debtors are able to eliminate most types of unsecured debt, often called the liquidation bankruptcy.
For Businesses ONLY and allows for payment of debts over a period of time not to exceed 60 months. Debtor retains all asset.
- Under Chapter 11 a company restructures its business, usually by downsizing and narrowing focus. Typically involving reorganization that seeks to keep the organization in tact while seeking protection from creditors.
Equivalent to Chapter 11 except it only applies to natural persons.
- This type of bankruptcy sets a payment plan between the borrower and the creditor monitored by the court. The homeowner can keep the property, but must make payments according to the court's terms within timeframe specified by statute of limitations.
Applies to family farmers.
- [Wiki] Similar to Chapter 13 in structure, however it offers additional benefits to farmers and fishermen, in certain circumstances, beyond those available to ordinary U.S. wage earners. Chapter 12 is available only to family farmers and fishermen.
- Rule of law imposing vicarious liability upon an innocent principal such that the employer as a liability holds the actions of employees accountable.
- Also called the "Master-Servant Rule". It is recognized in both common law and civil law jurisdictions. "Principle is liable for the acts of the agent". The Principle could have/should have known what the agent was capable of. DOES NOT APPLY to independent contractor relationship
2 or more people engaged in business for profit
• create the Articles of Partnership
• contract s/b written UPA (Uniform Partnership Act)
• partnership can be sued or the individuals
• creditors can go after personal assets
• All participate in management decisions equally no matter how small or big the contribution to enter the partnership was
must have 1 general partner; the others can be limited partners
• limited partners cannot be sued for more than what they've invested
• Example: If partnership caused damage to someone and the limited partner invested $10,000, cannot be sued more than $10k
• must file a certificate of limited partnership w/ Secretary of State for that state
• it can create a limited liability company
• not all partners have the right to participate in managerial decision
A - in ICLACO
Acceptance - Follows Offer 99.5% of the time. It can be expressed or implied and oral or written. It can be merely acting in accord with the offer doing what is asked. Silence cannot be acceptance. Offer and acceptance are judged by the mirror image rule (offer and acceptance are the same). Edit
Parole evidence rule
o Tells us evidence can't be admitted in court if it contradicts with a contract
o Substantive common law in contract cases that implies any agreement made prior to the signing of contract that was not incorporated into the contract is barred upon signing by this rule in seeking to alter the terms of the contract.
Since ICC is less strict than common/contract laws, oral testimonies CAN be used to explain customary trade dealings or the meaning of certain terms in UCC.
o Freedoms, speech, religion, association not unlimited
o Hate speech, yelling fire in a crowded movie theatre is not protected
o Can not induce people to commit crimes, riots, property of personal injury
freedom of speech. Government will not touch your freedom of speech unless asked to judge by time, place, and manner. ***Ethics: community judges by what the court decides based on evidence they have.
Fee simple absolute
o Total and complete ownership of realty (regardless of acquired debt)
o Can give it away, create an estate to give, or a lifetime estate (guest lecture-apple ex)
o Life estate
From the fee simple absolute owner that tells someone to live in their home until their life has ended and then the title is returned to the absolute owner
Estate pur autre vie
• Measured by the life of another person
probable cause. Senses of government agents to formulate an opinion of your actions based on his training. **probable cause has been reduced for government agents to reasonable suspicion-new legal standard. The law calls for probable cause when there is a arrest or search warrant is issued. Edit