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81 terms

BUL Midterm FIU 2011

STUDY
PLAY
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