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Study sets matching "management mgmt 3540"

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Study sets matching "management mgmt 3540"

33 terms
mgmt 3540
Every robbery is also a ______?
In a burglary, if you steal from the o…
What are the defenses to crime?
What constitutional protections do you…
Larceny
Burglary, robbery, and larceny
Mistake, Intoxication, Duress, Entrapment, Consent, and Minor…
Protection against unreasonable search and seizure. ... - Warran…
Every robbery is also a ______?
Larceny
In a burglary, if you steal from the o…
Burglary, robbery, and larceny
135 terms
Management 3540
law
rule of laws
contract
breach of contract
body of rules enforced by the government
no one is above the law
legally enforceable promise
failure to fulfill contactual obligations
law
body of rules enforced by the government
rule of laws
no one is above the law
22 terms
MGMT 3540 Chapter 11
statute of frauds
formalities defense
contract within the statute
contract outside the statute
an act of the legislature which requires certain types of con…
this asserts that a statute of frauds required the contract t…
contract which is covered by the statute and must be in writi…
contract is enforceable without a writing as evidence because…
statute of frauds
an act of the legislature which requires certain types of con…
formalities defense
this asserts that a statute of frauds required the contract t…
15 terms
MGMT 3540 Chapter 9
consideration
an act, giving up the exercise of a le…
sufficiency
adequacy
defined as value giving or detriment suffered in exchange for…
what are the four types of sufficient consideration?
enough consideration to make the contract enforceable (more t…
______________ or fairness is not required to make a contract…
consideration
defined as value giving or detriment suffered in exchange for…
an act, giving up the exercise of a le…
what are the four types of sufficient consideration?
40 terms
MGMT 3540 Chapter 4
tort
tortfeasor
joint tortfeasors
joint liability
A civil wrong other than breach of contract for which the law…
A person committing a tort
Two or more people who join together in committing a tort
Allows victim to collect total damages from one or from all j…
tort
A civil wrong other than breach of contract for which the law…
tortfeasor
A person committing a tort
14 terms
MGMT 3540 Chapter 5
negligence
cause in fact
proximate cause
negligence per say
An unintentional violation of a legal duty to use standard of…
The negligence of defendant was an essential factor in events…
The harm caused plaintiff must be of type reasonably foreseea…
When the act of the defendant violates a safety standard, som…
negligence
An unintentional violation of a legal duty to use standard of…
cause in fact
The negligence of defendant was an essential factor in events…
35 terms
MGMT 3540 Chapter 7
contract
contracts clause of the U.S. Constitut…
life, liberty, and property
mutual manifestation of assent, consid…
a legally enforceable promise or set of promises
"states shall pass no laws impairing the legal obligation of…
three inalienable rights from the 1st draft of the Declaratio…
what are the four requirements for a valid contract?
contract
a legally enforceable promise or set of promises
contracts clause of the U.S. Constitut…
"states shall pass no laws impairing the legal obligation of…
31 terms
MGMT 3540 Chapter 10
capacity
incapacity
disaffirmance
ratification
the requirement for a valid contract that all parties to the…
the condition of someone who cannot enter a valid contract be…
the avoidance of a contract by a person with a legal disabili…
this occurs if, after a legal disability is removed, the pers…
capacity
the requirement for a valid contract that all parties to the…
incapacity
the condition of someone who cannot enter a valid contract be…
44 terms
MGMT 3540 Chapter 6
constitutional protections
probably cause
valid consent, a search incident to a…
right to remain silent
Protection against unreasonable search and seizure, the right…
Searches and seizures usually require:
A warrantless search is presumed invalid, EXCEPT when there is:
5th amendment right not to be compelled to testify against yo…
constitutional protections
Protection against unreasonable search and seizure, the right…
probably cause
Searches and seizures usually require:
32 terms
MGMT 3540 Chapter 3
complaint
default judgment
discovery
interrogatories, request for admission…
Initiates the lawsuit; attempts to state one or more causes o…
Failure to file an appropriate response within the time limit…
The second stage of a lawsuit; The process of gathering infor…
What are the four major types of discovery?
complaint
Initiates the lawsuit; attempts to state one or more causes o…
default judgment
Failure to file an appropriate response within the time limit…
60 terms
MGMT 3540 Chapter 1
law
rule of law
contract
breach of contract
A body of rules enforced by the government:
The concept that no one is above the law, and that no one can…
A legally enforceable promise or set of promises:
A failure to fulfill contractual obligations:
law
A body of rules enforced by the government:
rule of law
The concept that no one is above the law, and that no one can…
41 terms
MGMT 3540 Chapter 2
No (because of res judicata)
adjudication
res judicata
class action
If I sue you in court once and lose, can I sue you again for…
The process of litigation (a lawsuit) resulting in a binding…
"It's been decided"; An issue decided in one case between par…
One or more members of a group of injured parties sue on beha…
No (because of res judicata)
If I sue you in court once and lose, can I sue you again for…
adjudication
The process of litigation (a lawsuit) resulting in a binding…
180 terms
mgmt 3540 exam 1
plaintiff
defendant
cause of action
contract
the party which files a lawsuit against another party
the person being sued
a set of facts giving rise to a valid lawsuit
a legally enforceable promise or set of promises
plaintiff
the party which files a lawsuit against another party
defendant
the person being sued
89 terms
mgmt 3540 exam 2
offer
acceptance
lack of reality of consent (assent)
formalities
a specific ____ requesting something in return in a contract…
an expression of complete agreement to the offer
where assent to a contract is not real or voluntary, the cont…
while some oral agreements are enforceable, some contracts mu…
offer
a specific ____ requesting something in return in a contract…
acceptance
an expression of complete agreement to the offer
99 terms
Management 3540 Exam 2
contract
freedom contract
4 requirements of a valid contract
Mutual manifestation of assent
a legally enforceable promise
importance shown by our nations founders... -contracts clause of…
1. Mutual manifestation of assent... 2. Consideration... 3. Capacit…
consists of an offer and acceptance... -viewed objectively not s…
contract
a legally enforceable promise
freedom contract
importance shown by our nations founders... -contracts clause of…
145 terms
Management 3540 Exam 1
law
the rule of law
contract
breach of contract
a body of rules enforced by a government
the concept that no one is above the law and no one can be su…
a legally enforceable promise or set of promises
a failure to fulfill contractual obligations
law
a body of rules enforced by a government
the rule of law
the concept that no one is above the law and no one can be su…
28 terms
Management 3540 Chapter 11
Statute of Frauds
Formalities Defense
The first statute of frauds did 2 thin…
Contract within the Statute
an act of the legislature which requires certain types of con…
asserts that a statute of frauds required the contract to be…
1. Allowed interested parties to testify as to the terms of t…
"inside the statute of frauds"...one which is covered by the…
Statute of Frauds
an act of the legislature which requires certain types of con…
Formalities Defense
asserts that a statute of frauds required the contract to be…
42 terms
Management 3540 Chapter 10
Capacity
Incapacity
Legal disability
Disaffirmance
the requirement for a valid contract that all parties to the…
the condition of someone who cannot enter a valid contact bec…
someone who is incapacity to be under a contract
the avoidance of a contact by a person with a legal disabilit…
Capacity
the requirement for a valid contract that all parties to the…
Incapacity
the condition of someone who cannot enter a valid contact bec…
33 terms
Management 3540 Chapter 13
The six ways to discharge contract dut…
Complete Performance
Reasonable Expectations Test
Substantial Performance
Complete Performance... Material Breach... Occurrence or Failure of…
simply fulfilling the contract terms... is governed under the r…
states that a performing party is released when he meets the…
a concept which is related to complete performance... occurs wh…
The six ways to discharge contract dut…
Complete Performance... Material Breach... Occurrence or Failure of…
Complete Performance
simply fulfilling the contract terms... is governed under the r…
44 terms
Management 3540-Ch.8
offer
Three things you can do with an offer:
Offeror
Offeree
-an expression of a willingness to do something in exchange f…
1) Accept... 2) Reject... 3) Counteroffer
person who makes the offer
person to whom the offer is made
offer
-an expression of a willingness to do something in exchange f…
Three things you can do with an offer:
1) Accept... 2) Reject... 3) Counteroffer
42 terms
Management 3540-Ch. 7
contract
Four Requirements for a Valid Contract
mutual manifestation of assent (3 poin…
offer
a legally enforceable promise or set of promises... *Not all pro…
1) Mutual manifestation of assent... 2) Consideration... 3) Capacit…
-Is the outward expression of agreement by all parties to the…
a specific offer requesting something in return in a contract…
contract
a legally enforceable promise or set of promises... *Not all pro…
Four Requirements for a Valid Contract
1) Mutual manifestation of assent... 2) Consideration... 3) Capacit…
99 terms
Management 3540 Exam 2
contract
freedom contract
4 requirements of a valid contract
Mutual manifestation of assent
a legally enforceable promise
importance shown by our nations founders... -contracts clause of…
1. Mutual manifestation of assent... 2. Consideration... 3. Capacit…
consists of an offer and acceptance... -viewed objectively not s…
contract
a legally enforceable promise
freedom contract
importance shown by our nations founders... -contracts clause of…
19 terms
MGMT 3540 Ch. 1
Cause of Action
Tort
Negligence
Common Law
Set of Facts Giving Rise to a valid lawsuit
a civil wrong, other thank breach of contract, for which the…
an unintentional violation of legal duty to use a standard of…
system of court-made law where the rules are derives from pre…
Cause of Action
Set of Facts Giving Rise to a valid lawsuit
Tort
a civil wrong, other thank breach of contract, for which the…
31 terms
MGMT 3540 Chapter 1
Rule of Law
Law
Plaintiff
Defendant
concept that no one is above the law and no one can be convic…
set of rules enforced by a government
the party which files a lawsuit against another party
person being sued
Rule of Law
concept that no one is above the law and no one can be convic…
Law
set of rules enforced by a government
46 terms
MGMT 3540 CHAPTER 3
Stages of a lawsuit
Stages of a trial
Voir dire
Opening statement
Intitial pleadings, discovery, pretrial motions, trial, post-…
voir dire, opening statement, plaintiff's case, defendant's c…
"to tell the truth"; jury selection
Statement summarizing the evidence the party will present at…
Stages of a lawsuit
Intitial pleadings, discovery, pretrial motions, trial, post-…
Stages of a trial
voir dire, opening statement, plaintiff's case, defendant's c…
14 terms
Management 3540 Chapter 9
adequacy of consideration
illusory promise
requirements contract
output contract
refers to fairness of the amount of consideration for what is…
a promise with no substance behind it, or one which is subjec…
is a promise by one party to buy as many units of a certain p…
is an agreement by a seller to sell as many units of a certai…
adequacy of consideration
refers to fairness of the amount of consideration for what is…
illusory promise
a promise with no substance behind it, or one which is subjec…
28 terms
Management 3540 Chapter 7
Offer
Acceptance
4 Requirements for a valid contract
Consideration
a specific offer requesting something in return in a contract…
an expression of complete agreement to the offer
Mutual Manifestation... Consideration... Capacity... Legality
value given or detriment suffered in exchange for a promise
Offer
a specific offer requesting something in return in a contract…
Acceptance
an expression of complete agreement to the offer
67 terms
MGMT 3540 Exam 3
Reality of consent
How many types of remedies?
Rescission
Reformation
the concept that there is a defense to a contract unless the…
Five
the court-ordered cancellation of a contract
the court-ordered revision of a contract to correct a mistake…
Reality of consent
the concept that there is a defense to a contract unless the…
How many types of remedies?
Five
67 terms
MGMT 3540 Exam 3
Complete Performance
Reasonable Expectations Test
Substantial performance
Material Breach
fulfilling the terms of the contract
a performing party is released by complete performance when h…
considered a partial discharge of the performing party; allow…
failure to fulfill a contractaul obligation which is importan…
Complete Performance
fulfilling the terms of the contract
Reasonable Expectations Test
a performing party is released by complete performance when h…
34 terms
mgmt 3540 exam 1
ADR arbiration
ADR negotiation
ADR mediation
ADR summary jury trial
a binding process in which an arbitrator hears evidence and e…
an attempt by disputing parties to resolve their dispute info…
a non binding process in which a mediator aids parties in neg…
a shortened trial before an unofficial jury which makes a non…
ADR arbiration
a binding process in which an arbitrator hears evidence and e…
ADR negotiation
an attempt by disputing parties to resolve their dispute info…
18 terms
Management 3540 Chapter 10
capacity
incapacity
disaffirmance
ratification
the requirement for a valid contract that all parties to the…
the condition of someone who cannot enter a valid contract be…
the avoidance of a contract by a person with a legal disabili…
this is what occurs if, after a legal disability is removed,…
capacity
the requirement for a valid contract that all parties to the…
incapacity
the condition of someone who cannot enter a valid contract be…
22 terms
Management 3540 Chapter 8
offer
offeror
offeree
acceptance
is an expression of a willingness to do something in exchange…
is the person who makes the offer
is the person to whom the offer is made
is a clear expression of assent in reply to an offer
offer
is an expression of a willingness to do something in exchange…
offeror
is the person who makes the offer
35 terms
Management 3540 Chapter 7
contract
offeror
offeree
offer
a legally enforceable promise or set of promises
one who makes an offer
the party or parties to whom the offer is made
a specific offer requesting something in return in a contract…
contract
a legally enforceable promise or set of promises
offeror
one who makes an offer
106 terms
MGMT 3540 Exam 2
Offer
Offeror
Offeree
Acceptance
an expression of willingness to do something in exchange for…
the person who makes the offer
the person to whom the offer is made
clear expression of assent in reply to an offer
Offer
an expression of willingness to do something in exchange for…
Offeror
the person who makes the offer
51 terms
Mgmt 3540 Exam 2
contract
Four Requirements for a Valid Contract
1. Mutual Manifestation of Assent
offer
a legally enforceable promise or set of promises.
1. Mutual manifestation of assent... 2.consideration... 3.capacity…
outward expression of agreement by ALL parties to the term of…
specific offer requesting something in return in a contract s…
contract
a legally enforceable promise or set of promises.
Four Requirements for a Valid Contract
1. Mutual manifestation of assent... 2.consideration... 3.capacity…
23 terms
MGMT 3540 Ch. 3
Complaint
Initial pleadings
Service of Process
Summons
(aka petition) the document that a suing party files to initi…
Court filings that frame the issue in a lawsuit
Hand delivery suit papers
Court order requiring the defendant to respond to the complai…
Complaint
(aka petition) the document that a suing party files to initi…
Initial pleadings
Court filings that frame the issue in a lawsuit
117 terms
MGMT 3540- Exam 1
contract
breach of contract
tort
negligence
legally enforceable promise or set of promises
failure to fulfill contractual obligations
civil wrong (other than breach of contract) for which the law…
an unintentional violation of a legal duty to use a standard…
contract
legally enforceable promise or set of promises
breach of contract
failure to fulfill contractual obligations
17 terms
MGMT 3540 Ch. 2
Res Judicata
Class Action
Standing
Jurisdiction
an issue decided in one case between two parties is binding u…
Large group of injured parties wish to sue one or more defend…
The legal requirement that a person or entity must have a tan…
refers to the authority of a court to decide a case
Res Judicata
an issue decided in one case between two parties is binding u…
Class Action
Large group of injured parties wish to sue one or more defend…
22 terms
MGMT 3540 Chapter 9 - Consideration
Consideration
Act (Sufficient Consideration)
Legal Right (Sufficient Consideration)
Change in status (Sufficient Considera…
Is a value given or detriment suffered in exchange for a prom…
The first type of sufficient consideration. Paying a certain…
The second type of sufficient consideration. Giving up of one…
The third type of sufficient consideration. A ________ ___ __…
Consideration
Is a value given or detriment suffered in exchange for a prom…
Act (Sufficient Consideration)
The first type of sufficient consideration. Paying a certain…
81 terms
Management 3540 Exam 3
reality of consent
rescission
reformation
mutual mistake
the concept that there is a defense to a contract unless the…
the court-ordered cancellation of a contract
the court-ordered revision of a contract to correct a mistake…
a mistake of fact by both parties to the contract
reality of consent
the concept that there is a defense to a contract unless the…
rescission
the court-ordered cancellation of a contract
80 terms
mgmt 3540 exam 3
Reality of Consent
Rescission
Reformation
Scriveners error
Defense to a valid contract... there is defense to a contract…
Court ordered cancellation of a contract
Court ordered revision of a contract to correct a mistake in…
Calls for reformation...the writer misunderstands or improper…
Reality of Consent
Defense to a valid contract... there is defense to a contract…
Rescission
Court ordered cancellation of a contract
152 terms
MGMT 3540 Exam 2
Contract
Four Requirements for a Valid Contract
Mutual Manifestation of Assent
Offer
legally enforceable promise or set of promises
Mutual Manifestation of Assent... Consideration... Capacity... Legality
~outward expression of agreement by all parties to the terms…
requesting something in return in a contract
Contract
legally enforceable promise or set of promises
Four Requirements for a Valid Contract
Mutual Manifestation of Assent... Consideration... Capacity... Legality
65 terms
MGMT 3540 Final
Output Contract
Requirements Contract
After a debtor defaults on a secured l…
Attachment of a security interest make…
will SELL as much product to you that you need over a certain…
will BUY as much as you need over a certain time period
- the creditor may repossess and sell the collateral... - the cr…
the debtor
Output Contract
will SELL as much product to you that you need over a certain…
Requirements Contract
will BUY as much as you need over a certain time period
16 terms
MGMT 3540 Ch. 6
Tortfeasor
Joint Tortfeasors
Nonfeasance
Assault
Person who commits a tort
Two or more persons acting together to commit a tort
Failure to act
An intentional act causing immediate expectation of injury to…
Tortfeasor
Person who commits a tort
Joint Tortfeasors
Two or more persons acting together to commit a tort
58 terms
Management 3540-Ch. 18
Four types of tenancies:
tenancy for years
periodic tenancy
tenancy at will
1. Tenancy for years... 2. Periodic tenancy... 3. Tenancy at will... 4…
-tenancy for any period of time, even if the time stated is l…
-tenancy for automatically renewable periods of time, such as…
-tenancy with no specific time frame... -terminable by either pa…
Four types of tenancies:
1. Tenancy for years... 2. Periodic tenancy... 3. Tenancy at will... 4…
tenancy for years
-tenancy for any period of time, even if the time stated is l…
Management 3540 Chapter 1
Law
rule of law
plaintiff
defendant
a set of rules enforced by a government
the concept that no one is above the law and no one can be co…
the party which files a lawsuit against another party
the person being sued
Law
a set of rules enforced by a government
rule of law
the concept that no one is above the law and no one can be co…
113 terms
Management 3540 Exam 3
old rule Reality of Consent
5 types of inequitable contracts voida…
2 remedies for lack of reality of cons…
Mutual Mistake of Fact (Bilateral and…
,... Caveat Emptor- "Buyer Beware"... A contract is a contract
1. Mutual Mistake of Fact: Voidable by either party.... 2. Mater…
1. Rescission: Canceling the contract... 2. Reformation: Court r…
__lateral: Material mistake of fact of both parties to the tr…
old rule Reality of Consent
,... Caveat Emptor- "Buyer Beware"... A contract is a contract
5 types of inequitable contracts voida…
1. Mutual Mistake of Fact: Voidable by either party.... 2. Mater…
31 terms
Management 3540 Chapter 14
Non-breaching parties have...
3 Types of Interests of Non-Breaching…
Expectations Interest
Reliance Interest
expectations or "interests" they wish to see fulfilled--somet…
1. Expectation Interest... 2. Reliance Interest... 3. Restitution I…
the interest of a party to a contract in getting benefit of t…
the non-breaching party's interest in being repaid for for th…
Non-breaching parties have...
expectations or "interests" they wish to see fulfilled--somet…
3 Types of Interests of Non-Breaching…
1. Expectation Interest... 2. Reliance Interest... 3. Restitution I…
84 terms
Management 3540 Final Exam
secured transactions
personal property
security interest
lien
formerly known as chattel mortgages, are transactions where a…
includes all property except real estate and items attached t…
a lien on personal property or fixtures, which secures paymen…
an interest in property which typically gives a creditor the…
secured transactions
formerly known as chattel mortgages, are transactions where a…
personal property
includes all property except real estate and items attached t…
90 terms
Management 3540 Exam 3
reality of consent
old rule
Types of situations where lack of real…
remedies
a defense to a contract unless the parties consent is both re…
"buyer beware" (moving away)
1. mutual mistake of fact- voidable by either party... 2. materi…
have to choose between monetary damages and equitable remedy
reality of consent
a defense to a contract unless the parties consent is both re…
old rule
"buyer beware" (moving away)
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