Blaw practice questions

Union employees are bound by a contract, not an "at-will" employment agreement, providing greater job security.

Unions represent employees collectively, giving them more power to negotiate better working conditions, wages, and benefits than they could achieve individually.

The practice of unions negotiating with employers on behalf of all employees to reach a collective agreement on issues like wages, benefits, and working conditions.

Strikes where workers refuse to work to pressure employers on issues like wages, hours, or benefits. These strikes are typically driven by economic concerns.

A legal tactic used by employers during a strike, where they temporarily close down operations to pressure union members.

Strikes that occur when workers believe they're being treated unfairly or illegally by their employer, violating labor laws.

A mandatory negotiation process in labor law requiring employers and unions to negotiate in good faith to reach an agreement. It doesn't guarantee an agreement, but it ensures both parties engage in a sincere effort.

An 80-day pause that the US president can impose on a strike affecting the nation's economy, designed to prevent significant disruptions.

Illegal practices used by employers to discourage or prevent workers from forming or joining unions.

Agreements between unions and employers that require all employees in a workplace to pay union dues, even if they are not members.

A type of union security agreement where employees who choose not to join the union still have to pay a fee to the union.

State laws that prohibit employers from requiring employees to join a union or pay union dues as a condition of employment.

A Supreme Court case that ruled that requiring public employees to pay union dues violates their First Amendment right to free speech.

The use of threats or intimidation to discourage workers from unionizing.

Actions taken by employers that interfere with employees' right to organize and form unions, such as firing union supporters.

An agreement that defines the terms of employment between an employer and a union representing its employees.

A situation where fulfilling a contract becomes impossible due to circumstances outside the parties' control. For example, a singer's contract to perform is voided if they're hospitalized.

An agreement between parties to resolve disputes outside of a formal court setting. This is usually legally binding.

A legally binding agreement between two or more parties. It requires an offer, acceptance, consideration, and legality.

A proposal made by one party to another, expressing willingness to enter into a contract under specific terms.

An unqualified agreement to all the terms of an offer. This creates a binding contract.

Something of value exchanged by parties to a contract. It can be money, goods, services, or a promise.

The contract must be for a legal purpose and not violate any laws or public policy.

A contract where one party promises to do something in exchange for the other party's action.

Acceptance of an offer occurs when the offeree (the person receiving the offer) performs the requested action. It's a one-sided agreement where the offeror promises something in return for the offeree's action.

Acceptance of an offer must exactly reflect the terms of the offer. Any changes or additions will create a counter-offer, not an acceptance.

A set of laws that standardizes the rules for commercial transactions, particularly the sale of goods. It's a state law, so the specific rules can vary slightly.

Silence generally does not count as acceptance. The offeree has to actively communicate their agreement.

The Mailbox Rule determines when acceptance becomes effective. It generally means acceptance is effective when sent, but there are some exceptions.

A set of rules that businesses require users to agree to before accessing their services. These terms can be accepted by clicking "agree" or simply using the service.

The act of updating Terms of Service often requires users to acknowledge the changes. Users may be deemed to have agreed to the new terms by continued use of the service.

When Terms of Service are hidden or not easily accessible, they may not be considered effectively accepted. This is because users weren't fully aware of what they were agreeing to.

A contract where one party's promise is not genuine or lacks real value, making it unenforceable in court.

A legal doctrine where a promise can be enforced even without consideration (exchange of value) if someone reasonably relied on it, changing their position to their detriment.

A contract that is completely unenforceable due to a missing essential element, like legality or consideration.

A contract that can be canceled by one party due to a legal reason, typically involving a protected party like a minor or someone with mental incapacity.

A person under the age of majority (usually 18) who can enter into contracts, but these contracts are voidable at their option.

The ability to understand the nature and effects of one's actions, specifically in relation to entering into a contract.

The process where a minor cancels a contract, making it unenforceable, by exercising their legal right.

A promise to make a gift is generally not enforceable unless there's clear intent to give and the gift is delivered.

Agreements that limit competition or trade, potentially illegal under federal and state laws.

Competitors agree to set prices, always illegal.

Companies secretly agree to control bids for projects, always illegal.

Companies agree to avoid competition in specific areas, always illegal.

Competitors refuse to do business with a specific person or company, always illegal.

Agreements limiting someone's work for competitors; not always illegal but restrictions must be reasonable.

A contract extremely unfair or shocking to the court, making it potentially unenforceable.

Clauses in contracts that release one party from liability for harm they cause. Allowed if the risk is clear and voluntary, and doesn't involve intentional or criminal conduct.