Chapter 1 - Introduction to Legal Reasoning

LEGAL ENVIRONMENTS OF BUSINESS

QUESTION LIST

Chapter 1 - Introduction to Legal Reasoning

1)What are four (4) sources of law?

2)Why is AStare Decisis@ Useful

3)In deciding ACases of First Impression@ what factors may a court consider?

4)Define Constitution, Statutory and Administrative Law - Give examples of each

5)Explain the difference between Procedural Law and Substantive Law - Give examples of each

6)List and define 3 types of AEquitable Relief@

Chapter 2 - Courts and Alternative Dispute Resolution

1)Define Jurisdiction? Also, what is the difference between AIn Persona Jurisdiction and AIn Rem Jurisdiction@

2)What is the primary policy behind the concept of AVenue@?

3)Complete the following sentence - A party must have legally ______and ______interest at stake in the litigation to have standing.

4)At the state level, what is the lowest level court called? What is the lowest level court called at the federal level?

5)How does the Constitution define a Afederal question@? Give 3 types of claims which may be heard in federal court

6)What is the difference between concurrent and exclusive jurisdiction?

7)What is a Awrit of certiorari?

8)Tell me the differences between negotiation, conciliation, mediation and arbitration.

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Chapter 3 - Court Procedures

1)What parts make up the Apleading@ and define each part.

2)What is Adiscovery@ and why is it beneficial? What are the 2 most common forms of discovery techniques?

3)What amendment to the US Constitution guarantee individuals a right to jury trials?

4)The process by which a jury is selected is called ______?

5)When will a judge grant a motion for a Adirected verdict@

6)Complete the following: Under the ______, the plaintiff need only show that her factual claim is more likely to be true than the defendant, while in a criminal case, the prosecution has a higher standard of proof called______.

7)What must be filed with a Anotice of appeal@?

Chapter 4 - Constitutional Authority to Regulate Business

1)What are the powers of the ACommerce Clause@

2)What was the courts ruling in Heart of Atlanta Motel vs. US (please summarize)

3)Complete this the supremacy clause is important in the ordering of the state and federal relationships. When there is a ______is rendered invalid.

4)What is the purpose of the 14 Amendment?

5)List the guarantees under the first amendment,

6)What type of speech is not protected?

7)What are 2 important clauses related to Freedom of Religion?

8)Distinguish the 4th and 5th Amendments.

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Chapter 5 - Torts

1)List 6 types of intentional torts

2)What are 4 defenses to Assault and Battery?

3)If a defamatory statement is made orally it is called ______, while if it is written, it is called ______.

4)Identify four acts which qualify as Ainvasion of privacy@.

5)What are the four elements required to constitute negligence?

6)What are 3 basic defense to negligence?

7)What are the three basic elements required to prove a wrongful interference with a contractual relationship?

8)What does the difference between competition and predatory behavior depend on?

9)Identify two situations when the notion of Afree competition@ does not hold.

10)What is the definition of Aappropriation@?

11)What is the difference between Aslander of quality@ and Aslander of title@?

Chapter 8 - Criminal Law and Procedures

1)What is the differnce between a felony and a misdemeanor?

2)What are the two elements of criminal liability?

3)What is the difference between Arobbery@, Aburglary@ and Alarceny@?

4)What is an Ainsider@?

5)List 9 defenses to criminal liability.

6)Define AExcusionary Rule@.

7)What happens at an Aarraignment@?

Chapter 10 - Nature and Terminology

1)Complete the sentence - In contract law, intent is determined by what is called the ______

2)What are the four basic requirements of a contract?

3)What is the difference between a Abilateral contract@ and a Aunilateral contract@?

4)What is the difference between a void and voidable contract?

5)What is the difference between express contracts and implied contracts?

6)List the conditions for an implied contract to be formed.

7)When a contract's writing is clear and unequivocal, a court will enforce it according to its obvious terms. This is sometimes referred to as the ______rule.

Chapter 11 - Agreement

1)What are the three requirements of a valid offer?

2)Identify five things that are considered Anonoffers@

3)What is the difference between a ARejection by the Offeree@ and AMere Inquiry by the Offeree@?

4)List four ways an offer may be terminated by Operation of Law.

5)Complete this sentence - The general rule is that acceptance in a bilataeral contract is timely if it is made ______.

6)Complete this sentence - An ______contract is created when an offeror promises to hold an offer open for a specified period of time in return for a payment (consideration) given by the offeree.

Chapter 12 - Considerations

1)List three types of promises that are usually not enforceable because they lack sufficient consideration.

2)Complete the sentence - In general, a court will not question the adequacy of consideration if ______.

3)What is the difference between Aliquidated debt@ an Aunliquidated debt@?

4)List three promise that are enforceable without consideration.

Chapters 13 - Capacity

1)What is the age of majority (when a person is no longer a minor).

2)The courts differ on how they will handle a minor who misrepresents his age. List three ways courts may handle this.

3)What is AEmancipation@?

4)In some states, when may a parent be held liable for a child=s torts?

5)What is the difference between the Amaximum rate of interest@ and the Alegal rate of interest@?

6)Define "exculpatory clauses".

7)List the exceptions to the general rule that neither party to an illegal bargain can sue for breach and that neither party can recover for performance rendered.

Chpater 14 - Genuiness of Assent

1)When does a Aunilateral mistake@ occur?

2)Why will a mistake in value almost never justify voiding a contract?

3)What are the element necessary to constitute fraud?

4)What is the difference between Aundue influence@ and Aduress@?

5)Another word for "intent to deceive" is ______.

6)Complete the sentence. ______contract is written exclusively by one party and presented to the other party on a take it or leave it basis.

Chapter 15 - Statute of Frauds

1)List the five types of contracts which fall under the Statute of Frauds

2)Define the "one year rule"

3)What is the difference between between primary vs secondary obligation?

4)What is a prenuptial agreement?

5)What are the exceptions to the statute of frauds writing requirement.

6)Complete the sentence. Under the ______rule, if a court finds that the parties intended their written contract to be a complete and final embodiment of their agreement, a party cannot introduce in court evidence of any oral agreement or promise made prior to the contract's formation or at the time the contract was created.

Chapter 16 - Third Party Rights

1)The transfer of rights to a third person is know as an ______.

2)List the ways Agratuitous@ assignment can be revoked.

3)What is the effect of a delegation?

4)What is the difference between a creditor beneficiary and a donee beneficiary?

5)What factors generally indicate the an intended benefit to a third party?

Chapter 17 - Performance and Discharge

1)List 4 ways in which a contract may be discharged.

2)Define Aanticipatory repudiation@.

3)If no time for performance is stated in the contract, ______is implied.

4)List the ways a contractual duty may be discharged by Operation of Law.

Chapter 1

1)Common Law, Statutory Law, Constitutional Law, and Administrative Law

2)It makes courts more efficient, Makes the law more stable and predictable,

3)Legal Principles/Policies, Underlying Previous court decisions, existing statutes, fairness, social values and customes and public policy.

4)Look up

5)Procedural Law tell the process for justice - Substantive law defines the law

6)Specific Performance, Injunction and Rescission

Chapter 2

1)Jurisdiction refers either the geographic are within which a court has the right and power to decide cases or the right and power of a court to decide matters concerning certain persons, property or subject matter.

In personal jurisdiction is jurisdiction over the person, while in rem jurisdiction is jurisdiction over the property.

2)Venue reflects the policy that a court trying a suit should be in the geographic neighborhood in which the incident leading to the suit occurred or in which the parties involved in the lawsuit reside.

3)Protected and tangible interest

4)Trial Court - District Court

5)AA cause of action based, at least in part, on the US Constitution, treaty, or a federal law.

Claims include - lawsuits involving federal questions, violation of constitutional rights and diversity of citizenship

6)Concurrent jurisdiction refers to situations where state or federal court may hear the case, while exclusive jurisdiction mandates that a case can be tried only in federal court or only in state court.

7)It is an order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review.

8)Negotiation is the process whereby the parties come together informally, with or without attorneys to represent them

Conciliation involves a 3rd party who assits the parties in reconciling their differences in a dispute

Mediation is the process in which the parties themselve reach an agreement with the aid of a third party (called mediator)

Arbitration is more formal method resembling a court where each party discusses their differences with a 3rd party and the 3rd party=s decision is binding.

Chapter 3

1)The complaint and the answer

2)Discovery is the process of obtaining information from the opposing party or from witnesses. It is used to help prepare your case and to keep out surprises. Discovery techniques include depositions and interrogatories.

3)The 7th Amendment

4)Voir dire

5)In considering the motion, the judge looks at the evidence in the light most favorable to the plaintiff and grants the motion only if there is insufficient evidence to raise an issue of fact.

6)Preponderance of the evidence and Beyond a Reasonable Doubt

7)The pleading, a transcript of the trial testimony and copies of the exhibit, the judge=s rulings on motions made by the parties, the arguments of counsel, the instructions to the jury, the verdict, the postrial motions, and the judgement order from which the appeal is taken.

Chapter 5

1)It permits Congress to regulate commerce with foreighn Nations, and among the several States, and with the Indian tribes.

2)The court ruled that the Commerce Clause did apply in this situation because it prohibited those who wanted to travel from doing so.

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3)When there is a direct conflict between a federal law and a state law, the state law is rendered invalid.

4)It makes many of the Bill of Rights (or ten amendments) apply at the state level.

5)It guarantees the freedoms of religion, speech, and the press and the right to assemble peaceably and to petition the government.

6)Speech that harms the reputation of others, lewd/obscene speech, and fighting words

7)Establishment and free exercise clauses

8)4th Amendment protects against unreasonable search and seizure, while the 5th Amendment guanrantees that no person has to testify against himself in a criminal case.

Chapter 5

1)Assault and Battery, False Imprisonment, Intentional Infliction of Emotional Distress, Defamation, Invasion of Privacy, and Misrepresentation.

2)Consent, Self defense, Defense of others and Defense of property

3)Slander and Libel

4)The use of a person=s name, picture or other likeness for commercial purposes without permission - Intrusion on an individual=s affairs or seclusion - Publication of information that places a person in a false light - Public disclosure of private facts about an individual that an ordinary person would find objectionable.

5)Duty of Care - Breach of duty - Causation - Injury

8)Assumption of the risk, contributory negligence and comparative negligence

9)The distinction usually depends on whether a business is attempting to attract customers in general or to solicit only those customers who have already shown an interest in the similar product or service of a specific competitor.

10)When competitive behavior is predatory & entering business in violation of the law

11)The use of one person=s name or likeness by another, without permission and for the benefit of the user

12)Slander of quaity is the publication of false information about another=s product, alleging it is not what its seller claims, while Slander of title is when a publication denies or casts doubt upon another=s legal ownership of any property, and when this results in financial loss to that property=s owner

When competitive behavior is predatory

Chapter 8

1)A felony is a serious crime that are punished by death or imprisonment in a federal or state penitentiary for more than one year, while a misdemeanor are less serious crimes punishable by fine or confinement for up to a year.

2)The performance of the prohibited act and a specified state of mind or intent

3)Robbery is forcefully and unlawfully taking personal property of any value from another

Burglary is breaking and entering the dwelling of another another with the intent to commit a felony

Larceny is any person who wrongfully or fraudulently takes and carries away another person=s personal property , with the intent of depriving the owner permanently of the property.

4)An insider is an individual who has inside information that is information not available to the general public about a publicly traded corporation.

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5)Infancy, intoxication, insanity, mistake, consent, duress, justifiable use of force, entrapment and statute of limitations.

6)Under the exclusionary rule, all evidence obtained in violation of the constitutional rights spelled out in the 4th, 5th, and 6th Amendments must be excluded, as well as all evidence derived from the illegally obtained evidence.

7)At the arraigment, the defendant is informed of the charges against him or her, and is asked to respond to the charges by pleading guilty or not guilty.

Chapter 10

1)The objective theory of contracts

2)Agreement, Consideration, Contractual Capacity and Legality

3)With a bilateral contract, the offeree must only promise to perform, while with a unilateral contract, the offeree must complete the contract before it is valid.

4)A void contract is no contract at all (i.e. there is no legal obligation to perform), while a voidable contract is a valid contract but one that can be avoided at the option of one or both of the parties.

5)Implied differs from express in that the conduct of the parties come into play with implied while the words create and define an express contract.

6)The plaintiff furnished some service or property.

The plaintiff expected to be paid

Defendant knew the plaintiff expected to be paid

Defendant had an opportunity to reject the service or property.

7)Plain Meaning Rule

Chapter 11

1)There must be intent to create an offer, the offer must be reasonably certain or definite, and the offer must be commnicated to the offer.

2)Expressions of Opinions, Statement of Intention, Preliminary Negotiations, Advertisements, Auctions and Agreements to Agree.

3)A rejection can not later be accepted, but with Amere inquiry@, the offeree can accept the offer

4)Lapse of time, destruction of subject matter, death/incompetence and supervening illegality of the proposed contract.

5)before the offer is terminated

6)Option Contract

Chapter 12

1)A promise to perform a preexisting duty, a promise based on a moral obligation, and a promese based on past consideration.

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2)if the consideration is legally sufficient

3)A liquidated debt is one whose amount has been ascerained, fixed, agreed on, settled, or exactly determined, while an unliquidate debt is just the opposite.

4)Promises to pay debt barred by the Statute of Limitations, Detrimental reliance/promissory estoppel, and charitable subscriptions

Chapter 13

1)18.

2)May require prohibit disaffirmance, May refuse to allow minors to disaffirm executed (fully performed contracts) unless they return the consideration received, and may hold the minor liable under tort law.

3)Emancipation is the release of a minor by his or her parents. It involves completely relinquishing the parental right ot the minor=s control, care, custody and earnings.

4)If he or she failed to exercise proper parental control over the minor child and knew, or should have known, from the minor=s habits and tendencies, that failur to exercise control posed an unreasonable risk of hart to others.

5)The legal rate of interest is is a rate fixed by statute when the parties to a contract intend an interest rate to be paid but do not fix the rate in the contract. A judgment rate of interes is a rated fixed by statute that is applied to a monetary judgment from the moment the judgment is awarded by a court until the judgment is paid

6)Clauses that release a party from liability in the event of monetary or physical injury, no matter who is at fault.

7)Justifiable Ignorance of the Facts, members of a protected class, withdrawal from an illegal agreement, and contracts illegal through fraud, duress, or undue influece.

Chapter 14

1)A unilateral mistake occurs when one contracting party makes a mistake as to some material fact that is important to the subject matter of the contract.

2)Because each party is considered to have assumed the risk that the value will change or prove to be different from what he or she thought . Without this rule, almost any party who did not receive what he or she considered fair bargain could argue mistake.

3)Misrepresentation of fact, intent to deceive, and reliance by the injured party and injury

4)Undue influence arise from special kinds of relationship in which one party can greatly influence another party, thus overcoming that party=s free will. Duress involves forcing a party to enter into a contract by threatening the party with a wrongful act.

5)Scienter or guilty knowledge

6)Adhesion contracts

Chapter 15

1)contracts involving interest in land, one year rule, collateral promises, promises in consideration of marriage, UCC

2)A contract that cannot, by its own terms, be performed within one year from the date it was formed must be in writing to be enforceable.

3)Primary obligation means you are first in line to pay, while secondary comes into play when the primary party does not pay.

4)An agreement made before marriage that define each partners's ownership right in the other partner's property.

5)Partial performance, admission, promissory estoppel and UCC

6)Parole Evidence Rule

Chapter 16

1)The legal rate of interest is is a rate fixed by statute when the parties to a contract intend an interest rate to be paid but do not fix the rate in the contract. A judgment rate of interes is a rated fixed by statute that is applied to a monetary judgment from the moment the judgment is awarded by a court until the judgment is paid.