Study sets matching "legal chapter 11"

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18 terms
Legal Chapter 11
Communicating Medium
Limited Class of Offerees
Offer
Output-Requirement K
- If there is too large of an audience an offer in NOT made... -…
- Limits the power of acceptance to __ people... EX: "Free compu…
- Language: MUST be definite and certain... - Objective Test: Lo…
- You need to give a quantity, but if you don't they can esti…
Communicating Medium
- If there is too large of an audience an offer in NOT made... -…
Limited Class of Offerees
- Limits the power of acceptance to __ people... EX: "Free compu…
14 terms
Legal Chapter 11
Agent
Principle
Employee Agents
Independent Contract Agents
A person licensed to represent another (the principal) in a b…
The person from who the agent has received instruction and au…
individual employees who are authorized to transact business…
Anyone who preforms services for a principal who has the righ…
Agent
A person licensed to represent another (the principal) in a b…
Principle
The person from who the agent has received instruction and au…
Legal concepts chapter 11
Competent party
Contractual capacity
Minor
Age of majority
A person of legal age and of normal mentality.
The ability to make a valid contact.
A person who has not yet reached the age of majority.
The age at which a person is legally recognized as an adult a…
Competent party
A person of legal age and of normal mentality.
Contractual capacity
The ability to make a valid contact.
20 terms
Chapter 11 Legal Terms
abrogate
adjudicate
appellate
affidavit
to abolish by authoritative action
to act as a judge, to settle judicially
having the power to review the judgment of another court
a sworn statement in writing made under oath
abrogate
to abolish by authoritative action
adjudicate
to act as a judge, to settle judicially
Chapter 11- Legal
Acceptance
Adhesion Contract
Agreement
Bilateral Contract
A voluntary act by the offeree that shows consent, or agreeme…
A standard-from contract in which the stronger party dictates…
A meeting of two or more minds in regard to the terms of a co…
A type of contract that arises when a promise is given in exc…
Acceptance
A voluntary act by the offeree that shows consent, or agreeme…
Adhesion Contract
A standard-from contract in which the stronger party dictates…
Chapter 11, Legal Terminology
Larceny
Asportation
Attempted larceny
Personal property OR chattels
"The wrongful taking and carrying away of personal property o…
Carrying away. A removal of property from the place it former…
An attempt to commit larceny, falling short of its commission.
"Everything that is the subject of ownership not coming under…
Larceny
"The wrongful taking and carrying away of personal property o…
Asportation
Carrying away. A removal of property from the place it former…
Chapter 11 Legal
3 Requirements for an Offer
Lucy v. Zehmer Case
Large Communicating Medium
Exceptions to Mass Medium Rule
1. The language must be definite and certain... 2. It must appea…
Mr. Zehmer agreed to sell farm to Mr. Lucy as a joke, but to…
a mass media that many people watch, read, or listen to... of…
1. limited class of offerees... 2.first come first servce... 3.rewa…
3 Requirements for an Offer
1. The language must be definite and certain... 2. It must appea…
Lucy v. Zehmer Case
Mr. Zehmer agreed to sell farm to Mr. Lucy as a joke, but to…
19 terms
Legal Chapter 11
Must be present for an enforceable con…
Contract
Noncompetition Agreement
Bilateral Contract
offer, acceptance, consideration, legality, capacity, consent…
a legally enforceable agreement
a contact in which one party agrees not to compete with another
a promise made in exchange for another promise
Must be present for an enforceable con…
offer, acceptance, consideration, legality, capacity, consent…
Contract
a legally enforceable agreement
18 terms
Legal Analysis-Chapter 11
Active Voice
Archaic Terms
Closing Sentence
Coordinating Conjunctions
The subject of the sentence is doing the action. The subject…
Words or phrases that are old-fashioned and no longer used in…
The last sentence in a paragraph that summarizes the paragrap…
Conjunctive words that join clauses or words of equal rank (a…
Active Voice
The subject of the sentence is doing the action. The subject…
Archaic Terms
Words or phrases that are old-fashioned and no longer used in…
34 terms
LEGAL Chapter 11
Intellectual Property
Types of Intellectual Property
Trade Secret
To Claim a Trade Secret...
Intangible creations of the intellect... EX: Designs, invention…
1. Trade Secrets... 2. Patents... 3. Trademarks... 4. Copyrights
Any knowledge/info that:... - Has economic value from not being…
1. Establish that a trade secret exists... 2. Demonstrate a misa…
Intellectual Property
Intangible creations of the intellect... EX: Designs, invention…
Types of Intellectual Property
1. Trade Secrets... 2. Patents... 3. Trademarks... 4. Copyrights
20 terms
Chapter 11- Legal Ethics
Model Rules of Professional Conduct
Confidentiality
Attorney-Client privilege
Attorney work product
A set of ethical rules developed by the ABA in the 1980'2
The ethical rule prohibiting attorneys and paralegals from di…
A rule of evidence that prevents an attorney or paralegal fro…
Materials prepared by an attorney or paralegal in anticipatio…
Model Rules of Professional Conduct
A set of ethical rules developed by the ABA in the 1980'2
Confidentiality
The ethical rule prohibiting attorneys and paralegals from di…
41 terms
Legal - Chapter 11
agency law
agent
principal
agency law requires one to be aware of
the body of laws that governs the relationships created when…
one who agrees to act and is authorized to act on behalf of a…
an agent's master; the person for whom an agent has received…
1. legal requirements for creating an agency... 2. liability of…
agency law
the body of laws that governs the relationships created when…
agent
one who agrees to act and is authorized to act on behalf of a…
21 terms
Legal chapter 11
Agent
Bounce
Court or tribunal... Action
Default
Person acting in behalfof someone, such as thr owner of a pro…
Of a cheque, to be returned by the bank when there are insuff…
Preceding between two parties where a presiding body decides…
Fail to make payments previously agreed to
Agent
Person acting in behalfof someone, such as thr owner of a pro…
Bounce
Of a cheque, to be returned by the bank when there are insuff…
Chapter 11 Legal Terms
Globalization
International law
charter
public international law
Interaction of people between nations
rules, principles, and customs that govern dealings between s…
government grant to create something, defines its rights
deals with relationships of nations through treaties, convent…
Globalization
Interaction of people between nations
International law
rules, principles, and customs that govern dealings between s…
12 terms
Legal chapter 11
copyright
fair use
generic
infringement
A statutorily created property in creative expression that pr…
A statutorily permitted use of another's copyright for critic…
To lose distinctiveness in reference to the source of goods a…
The tort establishing violation of intellectual property rights
copyright
A statutorily created property in creative expression that pr…
fair use
A statutorily permitted use of another's copyright for critic…
20 terms
Chapter 11, legal terms
Abrogate
Adjudicate
Affidavit
Appellate
To abolish by an authoritive action
Act as a judge
Sworn statement in writing made under oath
Having the power to review judgement of other court
Abrogate
To abolish by an authoritive action
Adjudicate
Act as a judge
25 terms
Legal chapter 11
civil law
action civilis
ex delicto
tort
law that deals with the private rights of individuals.
A civil action. Latin.
A cause of action based on a civil wrong or tort.
A civil wrong, other than a breach of contract, for which one…
civil law
law that deals with the private rights of individuals.
action civilis
A civil action. Latin.
19 terms
Chapter 11: Legal terms
abrogate
adjudicate
appellate
affidavit
to abolish by authoritative action
to act as a judge, to settle judicially
having the power to review the judgment of another court
a sworn statement in writing made under oath
abrogate
to abolish by authoritative action
adjudicate
to act as a judge, to settle judicially
14 terms
Chapter 11 Legal Terms
Family
Annulment
Void Marriage
Partition
People related by blood or legal adoption
The Legal Determination That a Marriage Did Not Exist
Marriage considered invalid from the beginning.
Something that divides ; the act of dividing something into p…
Family
People related by blood or legal adoption
Annulment
The Legal Determination That a Marriage Did Not Exist
14 terms
Chapter 11 Legal Terms
Family
Annulment
Void Marriage
Partition
People related by blood or legal adoption
The Legal Determination That a Marriage Did Not Exist
Marriage considered invalid from the beginning.
Something that divides ; the act of dividing something into p…
Family
People related by blood or legal adoption
Annulment
The Legal Determination That a Marriage Did Not Exist
14 terms
Legal Chapter 11
Capacity
Unenforeable
Usury
Gambling
The legal ability to enter into a binding contract
A term applied to a contract that, because of a law, cannot b…
The lending of money an exorbitant or unlawful rate of intere…
An agreement in which a party pays consideration (money place…
Capacity
The legal ability to enter into a binding contract
Unenforeable
A term applied to a contract that, because of a law, cannot b…
22 terms
Chapter 11 legal
Blurring
Copyright
Digital Millennium Copyright Act
Economic Espionage Act
A type of trade mark dilution that occurs when the distinctiv…
A statutorily created property right in creative expression t…
A law passed by Congress in 1998 that makes circumvention of…
A federal law that creates criminal liability for trade secre…
Blurring
A type of trade mark dilution that occurs when the distinctiv…
Copyright
A statutorily created property right in creative expression t…
16 terms
legal chapter 11
anonymous testing
disclosure with patient authorization
disclosure without patient authorization
genetic information
A system that assigns a unique identifier to the individual t…
Health information may be disclosed to third parties on writt…
Health information may be disclosed to third parties without…
Information about an individual or family obtained from a gen…
anonymous testing
A system that assigns a unique identifier to the individual t…
disclosure with patient authorization
Health information may be disclosed to third parties on writt…
14 terms
Chapter 11 Legal Terms
Family
Annulment
Void Marriage
Partition
People related by blood or legal adoption
The Legal Determination That a Marriage Did Not Exist
Marriage considered invalid from the beginning.
Something that divides ; the act of dividing something into p…
Family
People related by blood or legal adoption
Annulment
The Legal Determination That a Marriage Did Not Exist
36 terms
Legal Chapter 11
Contract
Agreement
5 Essential Elements of a Contract:
Types of Contracts:
an agreement that can be enforced in court; formed by two or…
A meeting of two or more minds in regard to the terms of a co…
1. Offer (Bargained-for-exchange)... 2. Acceptance (bargained-fo…
1. Bilateral... 2. Unilateral... 3. Expressed... 4. Implied... 5. Formal…
Contract
an agreement that can be enforced in court; formed by two or…
Agreement
A meeting of two or more minds in regard to the terms of a co…
25 terms
Legal Chapter 11
Agency law
Agent
Principal
Restatement (Second) of Agency
The body of laws that governs the relationships created when…
One who agrees to act and is authorized to act on behalf of a…
An agent's master; the person from whom an agent has received…
A set of principles, issued by the American Law Institute, in…
Agency law
The body of laws that governs the relationships created when…
Agent
One who agrees to act and is authorized to act on behalf of a…
9 terms
Legal Chapter 11 Terms
trade secret
injunction
patent
trademarks
any from of knowledge or information that (1) has economic va…
an order by a judge either to do something or to refrain from…
firmly associated with an inventive act, and conveys a right…
marks on what people produce to represent the origin of goods…
trade secret
any from of knowledge or information that (1) has economic va…
injunction
an order by a judge either to do something or to refrain from…
13 terms
Legal Chapter 11 Terms
trade secret
patent
trademark
copyright
valuable commercial information unknown by competitors
an invention or improvement on an existing item
distinctive design, picture, emblem, logo, or wording identif…
a literary, musical, dramatic, or artistic work
trade secret
valuable commercial information unknown by competitors
patent
an invention or improvement on an existing item
21 terms
Legal Framework - Chapter 11 Key Terms
Duress
Physical Compulsion
Improper Threats
Undue Influence
Wrongful or unlawful act or threat that *overcomes the free w…
Coercion involving physical force ... renders the agreement v…
Acts including economic and social coercion ... renders the c…
Taking unfair advantage of a position through a *dominant p…
Duress
Wrongful or unlawful act or threat that *overcomes the free w…
Physical Compulsion
Coercion involving physical force ... renders the agreement v…
UGA Legal Studies 2700- Chapter 11 Terms
Blurring
Copyright
Digital Millennium Copyright Act
Economic Espionage Act
A type of trade mark dilution that occurs when the distinctiv…
A statutorily created property right in creative expression t…
A law passed by Congress in 1998 that makes circumvention of…
A federal law that creates criminal liability for trade secre…
Blurring
A type of trade mark dilution that occurs when the distinctiv…
Copyright
A statutorily created property right in creative expression t…
35 terms
Chapter 11 Legal Studies - Jeffrey Morgan
Agency
Employee Agents
Independent Contractor Agents
Gratuitous Agents
A legal relationship in which the parties agree, in some form…
Individual employees who are authorized to transact business…
not considered an employee and has no legal protections of em…
Agents who act on behalf of a principal without receiving any…
Agency
A legal relationship in which the parties agree, in some form…
Employee Agents
Individual employees who are authorized to transact business…
Legal Environment Chapter 11
sources of contract law
function of contract law
definition of a contract
objective facts of contracts
-common law for all contract except sales and leases... -sale an…
provides stability and predictability for commerce
-promise or set of promises, for breach of which the law prov…
-what a party said when entering into the contract... -how the p…
sources of contract law
-common law for all contract except sales and leases... -sale an…
function of contract law
provides stability and predictability for commerce
39 terms
Law and Legal System Chapter 11
Executory Contract
Executed Contract
Definitions of Contract
Elements of an offer
Contract that has NOT yet been fully performed.
Contract that HAS been fully performed.
"A promise or set of promises for the breach of which the law…
1. Intent to make an offer on the part of the offeror... 2. Defi…
Executory Contract
Contract that has NOT yet been fully performed.
Executed Contract
Contract that HAS been fully performed.
Legal Environment Chapter 11
Offeror
Offeree
Power of Acceptance
Elements of An Offer
The person making the offer
The person receiving the offer
The person 2 WHOM the offer is made, who has the power to eit…
Definite and Certain Language, the Objective Test, and Commun…
Offeror
The person making the offer
Offeree
The person receiving the offer
Chapter 11- legal studies 2700
Intangible property
Sources of Intellectual Property law
Strong intellectual property law
Trade Secrets
Patents, copyright
Comes from: different for each Patents and copy rights come f…
encourage innovation
Internal information of the company, generally not known by o…
Intangible property
Patents, copyright
Sources of Intellectual Property law
Comes from: different for each Patents and copy rights come f…
18 terms
Legal Frameworks Chapter 11
Duress
Physical Compulsion
Improper Threats
Undue Influence
Wrongful or unlawful act or threat that overcomes the free wi…
Coercion involving physical force renders the agreement void
Improper threats or acts, including economic and social coerc…
Taking unfair advantage of a person by reason of a dominant p…
Duress
Wrongful or unlawful act or threat that overcomes the free wi…
Physical Compulsion
Coercion involving physical force renders the agreement void
64 terms
Legal 2700 Chapter 11
intellectual
Capturing
Trade Secret
reasonable measures, value
75% of value from fortune 500 companies comes from __________…
For intellectual property, once it's in the public domain, yo…
Any form of knowledge/info that has economic value from not b…
To establish a trade secret it must: (1.) Actually be a secre…
intellectual
75% of value from fortune 500 companies comes from __________…
Capturing
For intellectual property, once it's in the public domain, yo…
19 terms
Legal Studies - Chapter 11
trade secret
patent
trademark
copyright
valuable commercial information unknown by competitors
invention or improvement on an existing item
distinctive design, picture, emblem, logo, or wording identif…
a literary, musical, dramatic, or artistic work
trade secret
valuable commercial information unknown by competitors
patent
invention or improvement on an existing item
22 terms
Legal E Chapter 11
Gambling
Legality: Non-Compete Agreement
Exculpatory Clause
Unconscionable contract
A gambling contract is illegal unless it is a type of wagerin…
an employee promises not to work for a competitor for some ti…
A contract provision that attempts to release one party from…
Court refuses to enforce because of fundamental unfairness: O…
Gambling
A gambling contract is illegal unless it is a type of wagerin…
Legality: Non-Compete Agreement
an employee promises not to work for a competitor for some ti…
Legal Environment Chapter 11
Intellectual Property
Trade Secret
Injunction
patent
a type of property in information and its application or expr…
any form of knowledge of information that: has economic value…
an order by a judge either to do something or to refrain from…
firmly associated with an inventive act; conveys a right to e…
Intellectual Property
a type of property in information and its application or expr…
Trade Secret
any form of knowledge of information that: has economic value…
36 terms
Legal studies chapter 11
agent
principal
understanding agency law requires one…
agents are classified as
subject to the control of the principal
authorizes the agent to provide services or accomplish some t…
1.) legal requirements for creating agency ... 2.) liability of…
employees agents... independent contractor agents... gratuitous age…
agent
subject to the control of the principal
principal
authorizes the agent to provide services or accomplish some t…
14 terms
Legal Aspects Chapter 11
4 Elements of Negligence
Existence of duty
Breach of duty
Compensable Injury
Existence of duty... Breach of duty... Injury... Legal Causation
Obligation to conform to the standard of care
Deviation from standard of care
Physical, financial, or emotional
4 Elements of Negligence
Existence of duty... Breach of duty... Injury... Legal Causation
Existence of duty
Obligation to conform to the standard of care
12 terms
Chapter 11 Legal Environment of Business
Contractual Capacity
Emancipation
Disaffirmance
Necessaries
The capacity required by the law for a party who enters into…
In regard to minors, the act of being freed from parental con…
The legal avoidance, or setting aside, of a contractual oblig…
Necessities required for life, such as food, shelter, clothin…
Contractual Capacity
The capacity required by the law for a party who enters into…
Emancipation
In regard to minors, the act of being freed from parental con…
11 terms
Chapter 11 - Legal Environment
Creditors
Intestate
Personal representative
Spouse
people who the deceased owes money to
Dying without a valid will.
oversees asserts of an estate do inventory, pay creditors, pr…
- Can not disinherit, unless prenup is established.... - If they…
Creditors
people who the deceased owes money to
Intestate
Dying without a valid will.
Chapter 11 Legal Environment
Contract
Contractual Capacity
Counteroffer
Covenant Not to Compete
An agreement that can be enforced in court; formed by two or…
The capacity required by the law for a party who enters into…
An offerees response to an offer in which the offeree rejects…
A contractual promise of one party to refrain from competing…
Contract
An agreement that can be enforced in court; formed by two or…
Contractual Capacity
The capacity required by the law for a party who enters into…
20 terms
Chapter 11 Legal systems
board of directors
bylaws
charter
corporation
elected officials who established policies of a corporation
Rules and regulations of a corporation that govern its operat…
Authorization to establish a corporation; known in some state…
A business entity of limited liability empowered to do busine…
board of directors
elected officials who established policies of a corporation
bylaws
Rules and regulations of a corporation that govern its operat…
Legal 225 Chapter 11
Offer
Offeror
Offeree
Statements that usually do not amount…
Act or statement that proposes definite terms and permits the…
Person who makes offer
Person to whom an offer is made
1. invitation to bargain... 2. price quotes... 3. letters of intent…
Offer
Act or statement that proposes definite terms and permits the…
Offeror
Person who makes offer
Legal 1 (Chapter 11)
Power of Acceptance
3 Elements of an Offer
Objective Test
Communication
-Created by an offer... -Offeree has all the power to accept and…
-Definite and Certain Language ... -Objective Test (Passes)... -Com…
Would it look, to a reasonable third party, as if an offer wa…
Was the offer communicated to the offeree?
Power of Acceptance
-Created by an offer... -Offeree has all the power to accept and…
3 Elements of an Offer
-Definite and Certain Language ... -Objective Test (Passes)... -Com…
Legal Env Chapter 11
Contract defense
capacity
voidable contract
puffing
situation, term, or event that excuses performance
mental and age thresholds for valid contracts
one party can choose not to honor the contract
statements of opinion
Contract defense
situation, term, or event that excuses performance
capacity
mental and age thresholds for valid contracts
20 terms
Legal Studies Chapter 11
Agency Law
Agent
Principal
Restatement of Agency
The body of laws that governs the relationships created when…
One who agrees to act and is authorized to act on behalf of a…
An agent's master; the person from whom an agent has received…
A set of principles, issued by the American Law Institute, in…
Agency Law
The body of laws that governs the relationships created when…
Agent
One who agrees to act and is authorized to act on behalf of a…
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