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Legal Business

QuestionAnswer
I the plaintiff is aware of a dangerous or negligent conduct of the defendant and ignores it and is subsequently injured, the plaintiff cannot recover damages due to the doctrine: assumption of risk
laws that deal with the rights and powers of the government is: Public Law
according the lawrence kohlberg's conventional level stage of moral development, the motivation for people to conform to meet group expectations to gain affection, loyalty, and trust is called conventional
diversity of citenship exists when: the plaintiff and defendant are citizens are different states.
The purpose of what type of jurisdiction is to resolve conflicting claims to property in rem jurisdiction
the branch of the US government that has the power to veto bills enacted by congress is the executive branch
the amendment of the US constitution that protects individuals from unreasonable search and seizures us the fourth amendment
criminal liability imposed upon one person for the criminal acts of another person is: Vicarious liability
john plans to kill jane. he purchases a gun and during his lunch break, goes into jane's office and shoots her, killing her. john's mens reus fault is: purposefully
kate knowlingly took a bag of stolen goods, which she believed to be stolen rolex's. when she opened the bag, she found they were stolen tiffany rings. if caught, what defense does kate have to her crime? no defense
whether exercising in personum jurisdiction, in rem,or quasi in rem jurisdiction, the 14th amendment's due process clause requires that the defendment must have minumum contacts with the state of NY, opportunity to be heard and defend case, and properly served with process. (MOP)
the highest court in new york is called: court of appeals
how many justices are required to approve a writ of certiorari so the supreme court can hear an appeal? 4
mike and john decide to fight in a boxing match. during the match, john hits mike in the head, causing mike to have a seizure and die. john is liable to mike for: Nothing
Ralph kissed edith while she is asleep but does not waken or harm her. Edith sues Ralph, what is Edith's cause of action? Battery
Under the Duty to Act doctrine of negligence, no one is required to aid another in peril. Which of the following would invoke a duty? A babysitter sees her charge about to pet a snarling dog.
A parent is responsible for the torts of her minor children if the parent: Authorizes the tort, ratifies the tort, or does not properly control her child's behavior
The amendment that guarantees that individuals are given a fair tril is: The Sixth Amendment
The method of selecting a jury for a trial and/or hearing is called: Voir Dire
The tort of defamation includes: Slander and Libel
t/f: a foreign corporation means that it was formed outside the US. False
t/f: A fee simple estate is of indefinite duration and therefor lasts forever. Tru
In New York, Title held by a husband and wife is called tenant by the entirety. True
An owner of land on which lost property is discovered through excavation generally has a superior claim to what is found over the founder. True
Finders of abandoned property acquire title to the property. True
Employees have a duty not to reveal their employers secrets to competition. True
Copyright protection applies to new ideas or concepts. False
The pink breast cancer ribbon is an example of a collective mark. True
A trade secret lasts until is is disclosed. True
A life estate is an ownership right in property for the life a designated person, while the remained is the ownership estate that takes effect when the prior estate terminates. True
trade secrets include: Customer lists, product formulas, and production methods.
Fair use doctrine Allows reproduction of copyrighted works for the purpose of criticism, news reporting, teaching, comment of research without an infringement occurring.
the Nike "Swoosh" is an example of a: Trademark
The exclusive right to an invention is a: Patent
Personal Property is a fixture if it: Has become part of the land, cannot be removed without material injury, or is intended to be a fixture by parties.
Where found property is classified _____, the owner of the premises where the property was found prevails over the finder. Mislaid
What is necessary for the valid transfer of land? Delivery of Deed, Grantors intention to transfer, and grantors issuing on deed.
Absolute requirements for adverse possession to ripen into title are: Open and continuous possession, possession for a required statutory time period, and possession with owners consent.
A bailment in which the bailee must exercise greater care than a reasonably prudent person is a bailment for the benefit of the: Bailee
In a criminal action, the person who sues in a law suit is called the plaintiff, the person being sued is the defendant. True
Law, Ethics, and Morality are one and the same. False
The decisions of a state supreme court are always final: False
In arbitration, the decision of the arbitrator is generally binding on all parties involved in the dispute. True
In New York, the highest state court is called the supreme court. False
The standard by which the government has to prove the defendant guilty of a crime is guilty by preponderance. False
A "bench trial" is a case tried by a Judge without a jury. True
An employer is never responsible for the actions of his employees. False
RICO (Racketeer Influenced and Corrupt Organizations Act) only deals with organized crime. False
Mistake of law is never a defense. True
A criminal who used the name of another person, when caught is guilty of forgery. True
What are the three degrees of mental fault? Subjective, Objective, and liability without fault.
If done steals from a thief, Don is guilty of larceny even though the thief did not own the stolen property. True
Asporation Slightly moving chattel under larceny.
Adele is late on her rent. She pays her landlord with a check she knows will bounce. Adele is guilty of larceny by false pretenses. True
The Reasonable person Standards means that a reasonable person is always careful, prudent, and never negligent. True
Equitable remedies include: Specific performance, rescission, and reformation.
Consideration Inducement to make a promise enforceable. It's value in the eyes of the law.
attributes of a corporation it is a legal entity, it owes it's existence to a state which also regulates it, it provides limited liability to shareholders, shares are freely transferable, its existence may be perpetual, management is centralized, considered a person and citizen.
4 basic requirements of a contract. Mutual assent, consideration, legality of object, capacity.
express contract a contract in which the parties have both manifested their agreement by oral and/or written language.
implied contract contract that is implied from parties conduct, not written or spoken. (ordering food a restaurant, passenger enters cab)
bilateral contract contract comes into existence by exchange of promises.
unilateral contract only one party makes a promise. (I'll pay you ten dollars to mow my lawn.)
Valid contract one that meets all requirements. it is an enforceable promise or agreement.
Void contract does not meet all requirements.
voidable contract because of the manner it was formed or lack of capacity of a party to it, the law permits one party to avoid legal duties.
unenforceable contract unenforceable due to law.
executory contract one or more duties of the contract are yet to be performed.
Formal contract particular form, has legal attributes. (check, deal)
Informal contract any other contract, written or spoken, that does not have specific form.
quasi contract obligation imposed by law to avoid injustice. (mistaken delivery of cash, can recover)
Mutual assent Offer and acceptance
Offeror offers the contract
offeree accepts the offer.
Essentials of an offer Communication, Intent, definiteness.
3 forms of offers Promise for promise, promise for act, act for promise.
Conduct invalidating assent Duress, Undue Influence, Fraud, Non fraudulent misrepresentation, and mistake.
fraud in the execution renders the transaction void because one party misrepresents its character or essential form.
fraud in the inducement a false representation of a fact that is material and made with knowledge of its falsity and the intention to deceive and which representation is justifiably relied upon.
3 elements to consideration. legal value, legal sufficiency, and bargained-for exchange
recovery on an unenforceable contract is not automatically denied, THUG. Type of illegality, Harm performed, Unjust, Guilt
following contracts must be in writing, SMART FLYS Surety, Marriage, Answer, Real estate, testamentary, Finders fees, Leases longer than 1 yr, contracts not capable of 1 yr completion, and sales of good over $500, securities, and intangible assets
Methods of contract termination Revocation, rejection, counteroffer, lapse of time, destruction, death or incompetence, illegality.
Compensatory damages loss of value, incidental, consequential, and cost avoided.
Loss of value difference between the value of the promised performance of the breaching party and they value of the actual performance rendered by the breaching party.
incidental damages damages that arise directly out of breach, such as costs incurred to acquire the non delivered performance from some other source.
Consequential damages include lost profit and injury to a person or property resulting from defective performance.
Cost Avoided the cost avoided by not having to perform
Nominal Damages a small sum fixed without regard to the amount lost.
Specific Performance an equitable remedy that compels the defaulting party to perform her contractual obligations.
injunction contract remedy which is a formal court order commanding a person to not perform.
Restitution The act of returning to the aggrieved party the consideration, or its value.
Created by: mk1488
 

 



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