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Study sets matching "mgmt 643"

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Study sets matching "mgmt 643"

30 terms
Management 643 Test 3 Negotiations
Holder
Holder in Due Course(HDC)
Endorser
endorsee
legally possess a negotiable instrument
Holder, who pays value, acquires the negotiable contract in g…
person who signs back of negotiable instrument and transfers it
person to whom an endorsed instrument is transferred
Holder
legally possess a negotiable instrument
Holder in Due Course(HDC)
Holder, who pays value, acquires the negotiable contract in g…
31 terms
3-21 (OT643) Pulmonary Conditions and Management
5. Identify the primary and accessory…
Muscles of respiration
Muscles of respiration 2
Muscles of respiration 3
5. Identify the primary and accessory muscles of respiration…
DIAPHRAGM... ◦Contributes approximately 2/3 of tidal volume... ◦P…
Sternocleidomastoid... ◦Most important accessory muscle of inspi…
Exertional(labored) breathing... ◦Breathing technique character…
5. Identify the primary and accessory…
5. Identify the primary and accessory muscles of respiration…
Muscles of respiration
DIAPHRAGM... ◦Contributes approximately 2/3 of tidal volume... ◦P…
12 terms
Management 643 Test 3 Negotiable Instruments
Negotiability
Five requirements of negotiability
Three classifications of negotiable in…
Promissory Note
contract which is freely transferable from one person to anot…
signed and in writing, contains an unconditional promise or o…
promissory note, draft or check, certificate of deposit
Two party instrument (maker and payee) and contains a "promis…
Negotiability
contract which is freely transferable from one person to anot…
Five requirements of negotiability
signed and in writing, contains an unconditional promise or o…
142 terms
MGMT 643 Exam 2
Contract
Bilateral Contract
Unilateral Contract
Express Contract
Legally enforceable promise. Not the piece of paper. Binding…
"Promise for a promise". 2 promises. Agreement under which on…
"Promise by one person followed by the action of another". Co…
Stated intention to enter into a contract either in writing o…
Contract
Legally enforceable promise. Not the piece of paper. Binding…
Bilateral Contract
"Promise for a promise". 2 promises. Agreement under which on…
137 terms
MGMT 643 Exam 1
Ethics
Egoism
Epicureanism
Utilitarianism
Principles of conduct governing an individual or a group. Stu…
Promotion of individual pleasure by material things or career…
"Eat, drink and be merry for tomorrow you die." Doesn't care…
Option that best maximizes pleasure and minimizes pain for th…
Ethics
Principles of conduct governing an individual or a group. Stu…
Egoism
Promotion of individual pleasure by material things or career…
13 terms
MGMT 643 - Intro To Contracts
Contract (K)
Bilateral Contract
Unilateral Contract
Creation of Contracts - Formation
✦ Legally enforceable promise... ✦ NOT a piece of paper
✦ "Promise for a promise"... ✦ Sale and purchase of house
✦ Promise by 1, followed by action of another... ✦ Professional…
1) Express... 2) Implied... 3) Quasi-Contract
Contract (K)
✦ Legally enforceable promise... ✦ NOT a piece of paper
Bilateral Contract
✦ "Promise for a promise"... ✦ Sale and purchase of house
219 terms
MGMT 643 TAMU Exam 3
Hair Hand case
IP should be placed, if possible, in e…
bargain
damages, specific performance, unilate…
Case where child received skin graft and hair started growing…
What did the Hairy Hand case establish?
Under the Hairy Hand case, IP's should get the benefit of the _
What are the 3 types of remedies under k law?
Hair Hand case
Case where child received skin graft and hair started growing…
IP should be placed, if possible, in e…
What did the Hairy Hand case establish?
19 terms
MGMT 643 - Written Contracts
3 Things about Written Contracts
Oral Contracts
5 Types of Written Contracts
Sale of Land or interest therein (real…
1) Statute of Frauds only applies to a few types of contracts…
● Many oral contracts are legal... ● Just as enforceable as writ…
● In writing or digital format... 1) Sale of land or interest in…
● Why? - very important subject matter... ● Dirt clod / child a…
3 Things about Written Contracts
1) Statute of Frauds only applies to a few types of contracts…
Oral Contracts
● Many oral contracts are legal... ● Just as enforceable as writ…
18 terms
MGMT 643 - Consideration
Consideration
Amount in Consideration
Forms of Consideration
Promises
● "Price of the promise"
● Not as important as existence - why?... ● Consideration was b…
● Money... ● Property... ● Promises (bilateral contract)... ● Performa…
Use the Detriment / Benefit Test
Consideration
● "Price of the promise"
Amount in Consideration
● Not as important as existence - why?... ● Consideration was b…
16 terms
MGMT 643 - Capacity
Capacity
Limited Capacity of Contract
General Rule of Limited Capacity
Liability of Minors
Legally able to enter into a contract
● Mentally incapacitated... ● Intoxicated persons... ● Minors - und…
● MANY contracts entered into by minors are voidable... ✦many -…
● Executory contracts - no liability... ● Executed contracts - r…
Capacity
Legally able to enter into a contract
Limited Capacity of Contract
● Mentally incapacitated... ● Intoxicated persons... ● Minors - und…
10 terms
MGMT 643 Exam 2 Cases
Lane vs. Gregory
Northern Corp vs Chugach Electric
Peerless case
Totem Marine T & B vs Alyeska Pipeline
swimming pool case, performance was substantial bc still func…
Alaskan Dam case where they try to get rock over to the dam,…
case where they changed shipping terms by putting it on a dif…
case where pipe maker in houston has to get pipe to alaska, t…
Lane vs. Gregory
swimming pool case, performance was substantial bc still func…
Northern Corp vs Chugach Electric
Alaskan Dam case where they try to get rock over to the dam,…
21 terms
MGMT 643 - Intro to Sales Law
Contract Law
Sales Law
Law of Merchant
Uniform Commercial Code
✦ Covers contracts concerning all kinds of property... ✦ Common…
✦ Covers contracts concerning sales of personal property... ✦ Wr…
✦ Informal way of settling sales disputes
➤ Texas Business & Commercial Code (Texas Version)... ✦ Uniform…
Contract Law
✦ Covers contracts concerning all kinds of property... ✦ Common…
Sales Law
✦ Covers contracts concerning sales of personal property... ✦ Wr…
32 terms
MGMT 643 - Mutual Assent
Meeting of the Minds
How to Prove Meeting of the Minds?
Reasonable Man Test
4 Characteristics of Mutual Assent
✦ Intention of parties... ● Must be intentional meeting of the…
● Subject Test... ● "Mere Jest" Problem
Would a reasonable person have thought I wanted to enter into…
●Voluntary... ●Reasonably definite... ●Understanding... ●Between 2 per…
Meeting of the Minds
✦ Intention of parties... ● Must be intentional meeting of the…
How to Prove Meeting of the Minds?
● Subject Test... ● "Mere Jest" Problem
19 terms
MGMT 643 - Real Estate
realtor, seller, buyer, lender
earnest money contract, general warran…
Earnest Money Contract
When is Earnest Money Contract Refunda…
Parites involved in real estate transactions
Documents involved in real estate transactions
Contract in which Seller agrees to sell and Buyer agrees to b…
If seller brakes contract
realtor, seller, buyer, lender
Parites involved in real estate transactions
earnest money contract, general warran…
Documents involved in real estate transactions
12 terms
MGMT 643 - Contract Assignment and Delegation
Assignment and Delegation
Assignments
Sublease
Assignor
● General Rule - contract rights are freely transferable by 1…
Transfer all of contract rights to 3rd party
Transfer some of contract rights to 3rd party
Person who assigns contract rights
Assignment and Delegation
● General Rule - contract rights are freely transferable by 1…
Assignments
Transfer all of contract rights to 3rd party
18 terms
Mgmt 643 - Consideration
Consideration
Amount in Consideration
Forms of Consideration
Promises
● "Price of the promise"
● Not as important as existence - why?... ● Consideration was b…
● Money... ● Property... ● Promises (bilateral contract)... ● Performa…
Use the Detriment / Benefit Test
Consideration
● "Price of the promise"
Amount in Consideration
● Not as important as existence - why?... ● Consideration was b…
38 terms
MGMT 643 - Wills
Will
Testator
Testatrix
formal, holographic, nuncupative
Document which passes legal title to property at death
Male maker of will
Female maker of will
3 types of wills
Will
Document which passes legal title to property at death
Testator
Male maker of will
36 terms
MGMT 643 - Secured Transactions
Secured Transactions
Security Interest
Secured Party/Creditor
Debtor
A way to get debtor to voluntarily put up collateral
An interest in personal property or fixtures that secures pay…
A lender, seller, or other person in whose favor a security i…
A person who owes payment or other performance of the obligat…
Secured Transactions
A way to get debtor to voluntarily put up collateral
Security Interest
An interest in personal property or fixtures that secures pay…
49 terms
MGMT 643 - Discharge From Contracts
Methods of Discharge from Contract
#1) Performance for Contract Law
Total Performance
Substantial Performance
● Performance... ● Breach... ● Anticipatory Breach... ● Failure of Con…
● General Rule - when contract is fully performed = discharge…
● Problem - some contracts are only completed if totally perf…
● Performance that is substantial... ● Difference between total…
Methods of Discharge from Contract
● Performance... ● Breach... ● Anticipatory Breach... ● Failure of Con…
#1) Performance for Contract Law
● General Rule - when contract is fully performed = discharge…
82 terms
MGMT 643 Exam 4
Will
Testator
Testatrix
Formal Will
Instrument executed with the formality required by law by whi…
Male maker of a will. Man who makes a will.
Female maker of a will. Woman who makes a will.
Professionally prepared, typewritten, signed with all legal f…
Will
Instrument executed with the formality required by law by whi…
Testator
Male maker of a will. Man who makes a will.
187 terms
MGMT 643 Exam 1
Ethics
Egoism
Epicureanism
Utilitarianism
Principles of conduct governing an individual or a group. Stu…
Promotion of individual pleasure by material things or career…
"Eat, drink and be merry for tomorrow you die." Doesn't care…
Option that best maximizes pleasure and minimizes pain for th…
Ethics
Principles of conduct governing an individual or a group. Stu…
Egoism
Promotion of individual pleasure by material things or career…
178 terms
MGMT 643 Test 2
contract
types of contract's
bilateral contract
unilateral contract
a legally enforced promise, NOT the piece of paper
bilateral, unilateral
promise for a promise (sale and purchase of house)
promis by 1 followed by the action for the other (realtor lis…
contract
a legally enforced promise, NOT the piece of paper
types of contract's
bilateral, unilateral
227 terms
MGMT 643 Exam 2
Contract
Types of contracts
Bilateral Contracts
Unilateral Contracts
A legally enforceable promise... NOT the piece of paper
Not offers... 1. Bilateral... 2. Unilateral
"Promise for a Promise"... EX: I promise I'll pay you $35 for p…
"Promise by one followed by an action of another"... EX: Profes…
Contract
A legally enforceable promise... NOT the piece of paper
Types of contracts
Not offers... 1. Bilateral... 2. Unilateral
8 terms
MGMT 643 Exam II Cases
Lefkowitz v. Great Minneapolis Surplus…
Hamer v. Sidway
Hoffman v. Red Owl Stores Inc.
Halbman v. Lemke
- Test for invitation to offer... - An advertisement may be cons…
Detriment/Benefit in Promises... Nephew agreed NOT TO do....... Val…
- Promissory Estoppel... - The Court concluded that an injustice…
- Measure of damages related to minors in k's... - When a minor…
Lefkowitz v. Great Minneapolis Surplus…
- Test for invitation to offer... - An advertisement may be cons…
Hamer v. Sidway
Detriment/Benefit in Promises... Nephew agreed NOT TO do....... Val…
173 terms
MGMT 643 Test 2
Contract
Types of K's
Bilateral
Unilateral
legally enforceable promise
Bilateral/Unilateral
promise for a promise
promise by 1 followed by action of another
Contract
legally enforceable promise
Types of K's
Bilateral/Unilateral
228 terms
MGMT 643 Test 1
What are the four types of human-based…
What is egoism?
What is utilitarianism?
What is deontological reasoning?
Egoism, utilitarianism, deontological reasoning, situational…
Promotion of individual pleasure via material things or caree…
Option that best maximizes pleasure and minimizes pain for th…
All questions about nature and mankind can be answered scient…
What are the four types of human-based…
Egoism, utilitarianism, deontological reasoning, situational…
What is egoism?
Promotion of individual pleasure via material things or caree…
143 terms
MGMT 643 Exam 1
Ethics
Egoism
Epicureanism
Utilitarianism
Principles of conduct governing an individual or a group. Stu…
Promotion of individual pleasure by material things or career…
"Eat, drink and be merry for tomorrow you die." Doesn't care…
Option that best maximizes pleasure and minimizes pain for th…
Ethics
Principles of conduct governing an individual or a group. Stu…
Egoism
Promotion of individual pleasure by material things or career…
49 terms
Mgmt 643 Exam 3
remedies
damages
specific performance
unilateral rescission
the general rule is: the innocent party (IP) should be plac…
type of remedy under k law: ... money paid to IP by GP (to put…
type of remedy under k law: ... require the GP to perform the…
type of remedy under k law: ... allowing IP to cancel K and (t…
remedies
the general rule is: the innocent party (IP) should be plac…
damages
type of remedy under k law: ... money paid to IP by GP (to put…
108 terms
Mgmt 643 test 1
Ethics
Egoism
Epicureanism
Utilitarianism
Principles of conduct governing an individual or a group. Stu…
Promotion of individual pleasure via material things
Eat, drink, and be merry, for tomorrow you die
Option that best maximizes pleasure for the most and pain for…
Ethics
Principles of conduct governing an individual or a group. Stu…
Egoism
Promotion of individual pleasure via material things
54 terms
Mgmt 643 Final
will
testamentary capacity
attestation clause
self-proving affidavit
document which passes legal title to property at death
similar to k capacity, does Testator know what property s/he…
will "declared" by maker as "Last Will" and signed by at leas…
maker and witnesses sign Will and swear under oath before a n…
will
document which passes legal title to property at death
testamentary capacity
similar to k capacity, does Testator know what property s/he…
86 terms
MGMT 643 Exam 3
Remedies
Specific Performance
Unilateral Rescission
Compensatory Damages
Action or procedure that is followed in order to enforce a ri…
Require guilty party to perform contract, if breach. Money da…
Allowing innocent party to cancel contract and try to return…
Amount of money paid to innocent party to compensate innocent…
Remedies
Action or procedure that is followed in order to enforce a ri…
Specific Performance
Require guilty party to perform contract, if breach. Money da…
91 terms
MGMT 643 Exam 4
Will
Testator
Testatrix
Types of Wills
Document which passes legal title to property at death.
Male maker of a will. Man who makes a will.
Female maker of a will. Woman who makes a will.
1. Formal... 2. Holographic... 3. Nuncupative
Will
Document which passes legal title to property at death.
Testator
Male maker of a will. Man who makes a will.
43 terms
Mgmt 643 Exam 2
contract
bilateral
unilateral
express
a legally enforceable promise; ... NOT the piece of paper, a __…
type of contract; ... a promise for a promise, 2 promises... ex: sa…
type of contract; ... a promise followed by the action of anothe…
type of k formation; ... a stated intention to enter into k eith…
contract
a legally enforceable promise; ... NOT the piece of paper, a __…
bilateral
type of contract; ... a promise for a promise, 2 promises... ex: sa…
71 terms
MGMT 643 Exam 2
contract
types of contracts
bilateral contract
unilateral contract
a legally enforceable promise, not the piece of paper... -can ha…
1. bilateral... 2. unilateral
a promise for a promise... -ex. sale and purchase of a house
promise by one person followed by an action of another... -ex. a…
contract
a legally enforceable promise, not the piece of paper... -can ha…
types of contracts
1. bilateral... 2. unilateral
226 terms
MGMT 643 Test 1
Ethics
Human-based ethical system
Egoism
Epicureanism
Principles of conduct governing an individual or a group - st…
Lily Tomlin - "The trouble with the rat race is...even if you…
promotion of individual pleasure via material things or caree…
"Eat, drink, and be merry for tomorrow you die."
Ethics
Principles of conduct governing an individual or a group - st…
Human-based ethical system
Lily Tomlin - "The trouble with the rat race is...even if you…
78 terms
MGMT 643 Exam 1
ethics
egoism
epicureanism
utilitarianism
principles of conduct governing an individual or group. ... The…
promotion of individual pleasure via material or career success
"eat, drink, and be merry for tomorrow you die."
option that best maximizes pleasure and minimizes pain for th…
ethics
principles of conduct governing an individual or group. ... The…
egoism
promotion of individual pleasure via material or career success
223 terms
Mgmt 643 FINAL SET
ethics
egoism
epicureanism
utilitarianism
principles of conduct governing an individual or group. ... The…
promotion of individual pleasure via material or career success
"eat, drink, and be merry for tomorrow you die."
option that best maximizes pleasure and minimizes pain for th…
ethics
principles of conduct governing an individual or group. ... The…
egoism
promotion of individual pleasure via material or career success
199 terms
MGMT 643 Test 1
Ethics
Etiquette or the law
Egoism
Epicureanism
Principles of conduct governing an individual or group; study…
What is ethics not?
Promotion of individual pleasure via material things or caree…
What type of egoism is characterized by "eat, drink, and be m…
Ethics
Principles of conduct governing an individual or group; study…
Etiquette or the law
What is ethics not?
89 terms
MGMT 643 Test 4
Will
Testator/Testatrix
Testamentary Capacity
Attestation Clause
Document which passes legal title to property at death
Maker of will
Similar to contractual liability, does testator know what pro…
Will declared by maker as "Last Will" and signed by at least…
Will
Document which passes legal title to property at death
Testator/Testatrix
Maker of will
193 terms
MGMT 643 Test 2
Contract
Bilateral and Unilateral
Bilateral Contract
Unilateral Contract
Legally enforceable promise, not piece of paper
Two types of contracts
Contract that is a promise for a promise
Contract that is a promise by 1 followed by action of another
Contract
Legally enforceable promise, not piece of paper
Bilateral and Unilateral
Two types of contracts
20 terms
MGMT 643 Real Estate
parties involved
earnest money contract
general warranty deed
three types of deeds
seller, buyer, relator, lender
k in which seller agrees to sell and buyer agrees to buy real…
seller signs legal document selling land and house goes with it
general warranty, special warranty, and quitclaim
parties involved
seller, buyer, relator, lender
earnest money contract
k in which seller agrees to sell and buyer agrees to buy real…
10 terms
MGMT 643 Exam 2 Cases
Lane vs. Gregory
Northern Corp vs Chugach Electric
Peerless case
Totem Marine T & B vs Alyeska Pipeline
swimming pool case, performance was substantial bc still func…
Alaskan Dam case where they try to get rock over to the dam,…
case where they changed shipping terms by putting it on a dif…
case where pipe maker in houston has to get pipe to alaska, t…
Lane vs. Gregory
swimming pool case, performance was substantial bc still func…
Northern Corp vs Chugach Electric
Alaskan Dam case where they try to get rock over to the dam,…
304 terms
MGMT 643 TAMU Exam 2
promise, paper
bilateral contract
bilateral
unilateral contract
A contract is a legally enforceable _, not just a piece of _
type of k- "promise for a promise", 2 promises
Sale and purchase of a home is an example of what type of k?
type of k- promise by 1 followed by action of another
promise, paper
A contract is a legally enforceable _, not just a piece of _
bilateral contract
type of k- "promise for a promise", 2 promises
53 terms
MGMT 643 Secured Transactions
secured transactions
yes
me
the bank
how to get debtor to voluntarily put up collateral?
Debtor gives creditor an interest voluntarily in their otherw…
the debtor is
the creditor is
secured transactions
how to get debtor to voluntarily put up collateral?
yes
Debtor gives creditor an interest voluntarily in their otherw…
307 terms
MGMT 643 TAMU Exam 1
Ethics
human character
Lily Tomlin
Ethical egoism, utilitarianism, deonto…
Principles of conduct governing an individual or a group, stu…
Ethics is the study of
Who said, "The trouble with the rat race is even if you win,…
What are the 4 types of human based ethical systems?
Ethics
Principles of conduct governing an individual or a group, stu…
human character
Ethics is the study of
8 terms
MGMT 643; Limited Partnerships (#1)
Limited Partnership
Advantages and Disadvantages of Limite…
Formation of Limited Partnerships
Rights and liabilities of Limited Part…
Pr with one or more regular (general) pr's who have unlimited…
1) Advantages ... 1. Limited liability of limited parter ("ltd.…
1) Limited partnership agreement - more important than in reg…
1) General partner ~ (similar to) regular pr in General Pr... 1.…
Limited Partnership
Pr with one or more regular (general) pr's who have unlimited…
Advantages and Disadvantages of Limite…
1) Advantages ... 1. Limited liability of limited parter ("ltd.…
104 terms
MGMT 643 Business Organizations
partnership
joint venture
partnership agreement
tenants in partnership
voluntary association of 2 or more persons (companies) engage…
same as partnership except for only 1 business
written document creating Pr has name, term, financial arrang…
each pr in Pr owns an undivided % interest in Pr which entitl…
partnership
voluntary association of 2 or more persons (companies) engage…
joint venture
same as partnership except for only 1 business
11 terms
MGMT 643 Debtor-Creditor Rights
deadbeat heaven and lender hell
can't take away their home but may be…
true
true
Texas is
if a debtor doesn't pay then you
T/F: for a family, up to $60,000 worth of personal property e…
T/F: problems with amount of personal property exempt: fair m…
deadbeat heaven and lender hell
Texas is
can't take away their home but may be…
if a debtor doesn't pay then you
45 terms
MGMT 643 Bankruptcy
true
BARF
purposes of bankruptcy
four types of bankruptcy
T/F: started in England in 1542, is in the US Constitution Ar…
the 2005 amendments are called
give an honest but over-extended debtor (borrower) a fresh st…
chapter 7, chapter 11, chapter 13, and chapter 12 (farmer, sk…
true
T/F: started in England in 1542, is in the US Constitution Ar…
BARF
the 2005 amendments are called
11 terms
MGMT 643 EXAM 1 Corporation Formation
domestic -
foreign-
corporation
advantages of corporation (2)
tx corp doing business in TX
Tx corp doing business in LA
legally created artificial person with its own rights and dut…
1. limited liability for all S/H ... 2. financing flexibility
domestic -
tx corp doing business in TX
foreign-
Tx corp doing business in LA
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