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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…
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…
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…
12 terms
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.
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…
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…
11 terms
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…
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…
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
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
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
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…
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…
25 terms
Legal Writing Chapter 11 Introduction to Legal Writing
clarity
precise
legal jargon
legalese
clear and understandable style of communication
accuracy of written communication
legalese
language that is characterized by the frequent use of latin,…
clarity
clear and understandable style of communication
precise
accuracy of written communication
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…
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…
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…
9 terms
chapter 11 legal
Frozen Cow, Inc agrees to sells ice cr…
Mall stores corporation sends its purc…
Cali corp agrees to ship 100 scientifi…
Red apples corp agrees to sell 40 case…
anticipatory repudiation
Unless Mall objects to the new terms within a reasonable peri…
The contract shipping terms
Red gave the goods to RTI
Frozen Cow, Inc agrees to sells ice cr…
anticipatory repudiation
Mall stores corporation sends its purc…
Unless Mall objects to the new terms within a reasonable peri…
25 terms
chapter 11 - Legal
Contract Law
Domestic agreement:
Commercial agreement:
elements of a contract:
Deals with issues relating to contracts, also known as agreem…
Agreement between husband and wife, relatives or friends unde…
When a commercial agreement is made, there is an intention to…
1. offer ... 2. acceptance ... 3. consideration ... 4. certainty of te…
Contract Law
Deals with issues relating to contracts, also known as agreem…
Domestic agreement:
Agreement between husband and wife, relatives or friends unde…
12 terms
Legal Terms chapter 11
Individual or personal liability
Expert witness
Judicial process
Defendants
The party involved is solely responsible for his or her own a…
A witness who has knowledge not normally possessed by the ave…
Procedural law comprises the rule by which a court hears and…
The parties againist whom a legal complaint is being filed.
Individual or personal liability
The party involved is solely responsible for his or her own a…
Expert witness
A witness who has knowledge not normally possessed by the ave…
20 terms
Legal Terms Chapter 11
A life estate pur autre vie is a life…
The setting aside of land by land deve…
Color of title is the appearance that…
A covenant is an agreement in the deed…
True
Cluster Zoning
True
True
A life estate pur autre vie is a life…
True
The setting aside of land by land deve…
Cluster Zoning
66 terms
LEGAL CHAPTER 11
Intangibles that businesses possess
intellectual property
Benefits of intellectual property prot…
Costs of intellectual property protect…
o Employee skills and talents... o Production designs, invention…
a work or invention that is the result of creativity, such as…
Property rights provide exclusivity that can lead to market a…
Property rights in information reduce competition that would…
Intangibles that businesses possess
o Employee skills and talents... o Production designs, invention…
intellectual property
a work or invention that is the result of creativity, such as…
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
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
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 judgement 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
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…
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
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
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…
22 terms
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…
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…
21 terms
Legal chapter 11
offer
when is a statement an offer?
language of commitment
definiteness
a communication that gives the recipient the power to conclud…
when the person getting the offer reasonably interprets it as…
a specific transaction with a specific person
quality, quantity, price, and terms
offer
a communication that gives the recipient the power to conclud…
when is a statement an offer?
when the person getting the offer reasonably interprets it as…
46 terms
legal terminology chapter 11-12
civil law
actio civilis
ex delicto
tort
Law that deals with the private rights of individuals.
Latin. 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.
actio civilis
Latin. A civil action.
26 terms
Legal Studies Chapter 11
tort
intentional tort
negligent tort
strict liability tort
an injury to another's person or property; a civil wrong
a civil wrong that involves taking some purposeful action tha…
a civil wrong that involves a failure to meet the standard of…
a civil wrong that involves action that is so inherently dang…
tort
an injury to another's person or property; a civil wrong
intentional tort
a civil wrong that involves taking some purposeful action tha…
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
27 terms
Legal Environment of Business Chapter 11
Property Rights are fundamental to...
A primary purpose of government is...
Property rights include...
Real Property
capitalism. What we have rights to, earns us money.
to protect property rights
possession, use, and transfer
land and things that are fixed to land (includes what is abov…
Property Rights are fundamental to...
capitalism. What we have rights to, earns us money.
A primary purpose of government is...
to protect property rights
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.
38 terms
Legal Studies Chapter 11
Common Law & Contracts
Uniform Commercial Code (UCC) & Contra…
Function of Contract Law
Promise
Common law governs all contracts except when it has been modi…
Contracts for the sale and lease of goods/land are governed b…
•Provide stability and predictability, as well as certainty,…
A person's assurance that he or she will or will not do somet…
Common Law & Contracts
Common law governs all contracts except when it has been modi…
Uniform Commercial Code (UCC) & Contra…
Contracts for the sale and lease of goods/land are governed b…
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
37 terms
Chapter 11 Legal Responsibilities
Civil Rights
Constitutional Rights
Human Rights
Litigation
Basic legal rights held by all US citizens
Rights afforded to all citizens through the US Constitution
Fundamental rights of all people regardless of citizenship st…
a legal proceeding in a court
Civil Rights
Basic legal rights held by all US citizens
Constitutional Rights
Rights afforded to all citizens through the US Constitution
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…
9 terms
Legal Chapter 11
What is the uniform commercial code (U…
What is a sale under Article 2?
Under the U.C.C., what is a good?
What is a merchant?
The Uniform Commercial Code, or UCC, is a very large collecti…
A "sale" consists of the passing of title from the seller to…
"Goods" are defined as "all things (including specially manuf…
1) a person who deals in goods of the kind involved in the sa…
What is the uniform commercial code (U…
The Uniform Commercial Code, or UCC, is a very large collecti…
What is a sale under Article 2?
A "sale" consists of the passing of title from the seller to…
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
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