BUL Midterm FIU 2011

81 terms by nmecusc0 

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damages

In a suit against Sandy, Tyler obtains a remedy. In the US legal system, this remedy will most likely be

a concurring opinion

The Montana Supreme Court decides the case of National Co. v. Overseas Corp of nine justices. 6 believe the judgement should be in national's favor. Justice Peel, one of the 6 writes a separate opinion. The other four who think the judgement should be in favor of Overseas join in a third separate opinion. Peel's opinion is known as

no-one

Hawaii enacts a state law that violates the U.S. constitution. This Law can be enforced by

Award damages, cancel a contract, or direct a party to do or not do an act

Holly is a state court judge. Ilsa appears un a case in Holly's court, claiming that Jim breached a contract. As in most state courts Holly may

an equitable remedy only

In a suit against kit, Leo obtains specific performance. This is

rescission

In a suit against Clem, Dona obtains the cancellation of a contractual obligation. This is

reasonably in the circumstances and under the law

Metro City Center is an area of tourist attractions in Metro City. The center's director, under the city's authority issues a rule to require street performers to obtain permits. The Center cites Nobby, a magician, for performing without a permit. Under the principles discussed in Berger v. City of Seattle, the court most likely acted

reporters

The Montana Supreme court decides the case of National Co. v. Overseas of nine justices. 6 believe the judgement should be in national's favor. Justice Peel, one of the 6 writes a separate opinion. The other four who think the judgement should be in favor of Overseas join in a third separate opinion. These opinions are collected and published in volumes called

allow the minor to 100% cancel the contract

In Abel v. Baker, a state supreme court held that a minor could cancel a contract for the sales of a car. Now a trial court in the same state is deciding Charles v. Delta, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

a dissenting opinion

The Montana Supreme court decides the case of National Co. v. Overseas of nine justices. 6 believe the judgement should be in national's favor. Justice Peel, one of the 6 writes a separate opinion. The other four who think the judgement should be in favor of Overseas join in a third separate opinion. The opinion of the 4 judges is known as

a dissenting opinion

a signed opinion in which one or more justices disagree with the majority view

a concurring opinion

an opinion that agrees with the court's disposition of the case (majority) but is written to express a particular judge's reasoning

questions of rightness and wrongness

Lia works for Media Marketing Company. Her job includes putting spin on the firm's successes and failures. In this context, ethics consists of

an ethical duty beyond those mandated by law

Equity Capital corporation provides other firms with funds to expand operations. Questions of what is ethical involve the extent to which Equity has

absolute

Kit follows certain religious principles. With respect to the behavior of Kit and other adherents of her religion, its principles are most likely

complying with the law, establishing ethics codes and making money

Eagle Manufacturing Corp. could demonstrate a commitment to ethical behavior by

avoid unethical behaviors regardless of consequences

Dion, an accountant for Engineering Associates Inc. attempts to apply the duty approach to ethical reasoning in conflicts that occur on the job. This approach is based on the idea that a person must

not acting unethically

Superior Corp. engages in ethical behavior solely for the purpose of getting good publicity and thereby increasing profits. Superior Corp is

operators, owners, suppliers, the community, or society as a whole

Any decision by the management of a Standard Business Corporation may significantly affect its

the consequences of an action

Holly, a lawyer on the staff of International Group, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on

weigh the consequences that would follow if everyone acted the same

Global Distribution Corporation suggests that its employees apply the "categorical imperative" to ethical issues that arise at work. This requires that the employees

more complex ethical standards

John, the sales manager for a company, thinks that compared to his personal life, his business activities involve

whatever means is reasonable calculated to do the job

All-USA imports inc., disputes the use of "all-usa.com" as a domain name by All-USA Overseas Exports Ltd., and files a suit to resolve the dispute. Service of process must be by

Service of Process

the act of delivering a writ or summons upon someone; formally notifying the defendant of a lawsuit

summons

an order to appear in person at a given place and time; call in an official manner, such as to appear in court

writ

written command issued by a court or judicial officer (telling someone to do or not to do something)

a motion to dismiss

Quin files a suit against Regal Products Inc., Regal responds that even if Quin's statement of the facts is true, according to the law Regal is not liable. This is

a counterclaim

Linda files a suit against Kiley. Kiley denies Linda's charges and sets forth his own claim that Linda breached their contract and owes Kiley money for the breach. This is

the subject matter of the cases that the courts can decide

Alpha company files a suit against Beta Inc. in a Colorado court with general jurisdiction. In a Delaware court with limited jurisdiction, E-Sales corporation files a suit against First State Bank. The Difference between general and limited jurisdiction is

limited jurisdiction

the power to hear only certain kinds of cases (such as tax cases).

general jurisdiction

exists when a court's authority to hear cases is not significantly restricted; can hear almost any type of case

a direct examination

Diner's Corp. files a suit against Eateries Inc. During the trial, Diners' attorney questions the plaintiff's witness floyd. This is

direct examination

An attorneys initial questioning of his or her own witness

conducted substantial business with North Dakota residents through its website

LCD TV company advertises on the web. A court in North Dakota would be most likely to exercise jurisdiction over LCD if the firm

the law that applied to the issues in the case

Kerin wins her suit against Little Manufacturing Company. Little's best ground for appeal is the trial court's interpretation of

in rem jurisdiction

jurisdiction based on claims against property

in rem Jurisdiction

Hua, a resident of Illinios owns a commercial building in Indiana. A dispute arises over the ownership of the building with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. In this suit, Indiana has

notice and an opportunity to respond

Indelible fabrics, Inc. (IFI) makes "Jean's Denim", a famous brand of clothing. Without IFI's consent, Kopy company begins to use jeansdenim as a part of a domain name. IFI files a suit against KC and engages in service of process. Service of process must provide

"substantial enough" connection with the state

Liu Files a Suit against Macro Sales Inc., in a new Jersey state court based on a website through which New Jersey residents can do business with Macro. The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

any third party

Faraway Sales Corp. a US firm, and Globe Transport, a Dutch firn enter into a contract that includes an arbitration clause. This clause must provide that the arbitrator will be

arbitration

the process in which parties involved in a dispute allow an impartial party to settle their differences

arbitration

Java Cafes Inc. amd Kaffee Import Corp. dispute a term in their contract. Resolving the dispute between Java and Kaffee by having a neutral third party render a binding decision is one of the advantages of

The Federal Arbitration Act

Provides the means for enforcing the agreement

an award

the arbitrator's decision is called

review the sufficiency of the evidence

The abitrator makes an erroneous finding of fact. This is a ground fora court to

the UCC; Uniform Commercial Code

Code created for all states to abide for commercial transactions. Not Federal, still a state law; sales contracts

The UCC falls to common law

when there is not a provision in the UCC

other professionals, Lawyers, doctors, dentists etc.

Sam an engineer, supervises the construction of a new bridge. When the bridge falls due to faulty construction, sam is sued by those injured in the collapse. As a professional Sam is help up to the same standard as

Sales Contract

has open terms, price, delivery etc.

Contracts (excluding sales contracts)

everything has to be explicitly stated

Even if Beth was only slightly at fault

Beth is injured in a car accident with Cal, whom she sues, alleging negligence. Cal claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery

Comparative negligence

(law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff

trespass to personal property

Direct Marketing Inc. floods the e-mail boxes of the employees of Eagle Products Corporation with unsolicited ads to the extent that the employees cannot e-mail each other. Direct has mot likely committed

a reasonable person

Bette crashes into Dill. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

intention

Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for injury if there was

Palsgraf v. Long Island Railroad Co.

Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory. The rule that harm must be foreseeable to constitute that proximate cause of an injury under a negligence theory was established in

negligence per se

An act that is considred inherently negligent because of a violation of a law or ordinance.

negligence per se

An Iowa state statue requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain it's equipment. Key a patron, is injured. Jack has committed

dram shop act

Tavern owner or bartender may be held liable for serving alcohol to an intoxicated person. in some states statutes impose liability on social hosts for injuries. is this case it is unnecessary to prove negligence.

res ipsa loquitur

a rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened; speaks for itself

under no circumstances

Joes sees Karo floundering in Lake Rough Waters. Joe is liable on the ground of negligence

a reasonable alternative design

KCC makes knives and other consumer products. KCC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and there is

a material fact

Reilly makes a fraudulent misrepresentation to Sunny, a consumer, who buys Reilly's product. In using the product, Sunny suffers an injury. To serve as basis for recovery, the misrepresentation must concern

Negligence

If a company fails to make a product safe by not exercising "due care", and someone gets hurt, the company will most likely be liable for

that he suffered an injury

If someone buys a product and realizes that the product is defective. To effectively sue the maker of the product for product liability based on negligence, the plaintiff must prove

Statute of limitations

restricts the time within which after a consumer is injured, they may file a liability suit

Statue of repose

a statute restricting the time within which a consumer can file a product liability suit regardless of when they were injured

dangerous nature of the activity

EMI uses dynamite to prepare land for highway projects. Strict liability is imposed with on this activity because of the

embezzlement

Bren fraudulently appropriates another's property. He is liable for

Robbery

Rock pushes Sylvia to the ground grabbing her purse as she falls. The use of force or fear is required to constitute

forgery

Signing another person's name without their authorization is

duress

If someone points a gun at the employee of a company threatening to shoot if they do not steal from their employer, and the employee does it, they can claim _____ as a defense

Arson

If someone burns down the dwelling of another person, they could be charged with

an adult and tried in a regular court.

If a seventeen year old commits a felony, most states will treat that minor as

Embezzlement

Robbery without the use of force or fear

beyond a reasonable doubt

The standard of proof to find a defendant who has been charged with a crime guilty is

RICO

law intended to eradicate organized crime by establishing strong sanctions and forfeiture provisions

a "racket"

If an person has investments in both legal and illegal operations, they may be subject to a suit under RICO only if the case involves

furnishings prices at $500 or more

The UCC Statute of Frauds governs the sale of the

Sales Contracts

Under the UCC, a warranty of title arises automatically in most

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