Final Exam Review Fall 2024 PDF

Final Exam Review Fall 2024 General Study Tips If you need to know a case name of a case reviewed in class, it will be in these slides. If a case name is in this slide deck, you are responsible for knowing it. Other cases were to illustrate the legal concepts. Review the Examples in...

Final Exam Review Fall 2024 General Study Tips If you need to know a case name of a case reviewed in class, it will be in these slides. If a case name is in this slide deck, you are responsible for knowing it. Other cases were to illustrate the legal concepts. Review the Examples in the book and make sure you understand how the example applies to the legal concept for each tested objective in a chapter. Pre-Test questions are not all inclusive. You are responsible for knowing the Final Exam Objectives in this review. Bolded terms are defined in book. If there is not a learning objective in this review – the material is not tested, and you do not need to review and study that learning objective. If material on the slide has a line through it, you do not need to study that material.  Legal Heritage and the Information Age Objective 5 Sources of Law in the United States (3 Questions) Key area tested – 3 questions Hierarchy 2 questions – Identifying different types of laws Constitution (Constitution, treaties, statutes, administrative law/regulations executive orders, judicial Statutes decisions/case law/common law) Regulations/Administrative Law 1 question - Understand the priority (hierarchy) of law  Judicial, Alternative, and E-Dispute Resolution Objective 3 Define complaint, summons, and answer and describe the pleading process (1 Question) Complaint The document Plaintiff files with the court to initiate the lawsuit. Summons Court order directing Defendant to appear in court and answer the Complaint. Service of Process The Complaint and Summons are served on Defendant. Answer Defendant’s response to Plaintiff’s Complaint. Will contain denials of the facts alleged by Plaintiff and defenses. Review and know the defenses of Statute of Limitations in this Section. Failure to file an answer by the Defendant can result in the Judge giving Plaintiff a Default Judgment (establishes Defendant’s liability)  Judicial, Alternative, and E-Dispute Resolution Objective 4 Define class action and describe the requirements for bringing a class action lawsuit (1 Question) Understand the process for certifying a class action. The legal and factual claims of the party must be common. Understand what is required to certify a class Commonality among the plaintiffs, impracticable for individual claimants to bring multiple lawsuits against defendants, claims/defenses are typical for plaintiffs/defendants and the representative parties will adequality protect the interests of the class  Judicial, Alternative, and E-Dispute Resolution Objective 12 ADR (1 Question) Focus on arbitration. Most arbitration is binding.  Constitutional Law for Business and E-Commerce Objective 1 Constitutional Law for Business and E- Commerce (1 Question) Understand the definition of enumerated powers. Understand federalism Understand the Goal of Checks and Balances – to keep any one branch from becoming too powerful. Know Congressional (Article I, Section 8) Powers spelled out in the Section: Federalism and Delegated Powers, specifically - Power to declare war, raise and support an army/navy, coin money, collect taxes, pay debts, borrow money, regulate commerce Understand the Necessary and Proper Clause as it relates to these powers. Be able to differentiate between the power of the legislative branch, executive branch and judicial branch. Basic Concept Summary – Basic Constitutional Concepts at the end of this Objective is helpful!  Constitutional Law for Business and E-Commerce Objective 10 Explain how the government can take private property but must pay just compensation for the taking. (1 Question) The government can take property for a public purpose but must provide fair compensation.  Criminal Law and Cybercrime White Collar Crimes (2 Questions) Recognize all crimes defined in the “Criminal Law and Cybercrime” Student Power Points. After reading a fact pattern, be able to correctly identify the best crime to charge. There is not a chapter in the book covering this topic. Refer to the PowerPoint in Blackboard.  Intentional Torts and Negligence Objective 2 Explain the elements necessary to prove negligence (1 Question)  Focus on Proximate cause  Intentional Torts and Negligence Objective 5 Comparative Negligence (1 Question) Understand Comparative Negligence. You will need to be able to calculate the reduction in damage award for the test. I.e. – if the jury award is $100,000 and the jury determines the plaintiff was 10% at fault then the plaintiff will get $90,000 because the award will be reduced by 10%. Do not study Contributory Negligence or Partial Comparative Negligence. The majority of jurisdictions have replaced contributory negligence with comparative negligence.  Administrative Law & Regulatory Agencies Objective 2 Cabinet-Level Departments (1 Question) Understand how cabinet-level departments operate, e.g. answer to president, how secretary leading departments come to that role Do not be concerned about memorizing all the cabinet-level departments  Administrative Law & Regulatory Agencies Objective 6 Powers of Administrative Agencies (1 Question) Understand the delegation doctrine Understand the “Critical Legal Thinking / Administrative Agency Rulemaking” Understand when an agency is granted executive powers, the agency is a government actor and must obey the Bill of Rights (esp. Fourth Amendment) Know which agency investigations and searches are “reasonable” and consequences of an “unreasonable” (unconstitutional) search and seizure of evidence  Administrative Law & Regulatory Agencies Objective 8 Individual Rights and Disclosure of Agency Actions (1 Question) Because agencies have a lot of power over businesses (make law; investigate; adjudicate/issue orders), Congress created four important laws to “keep an eye” on agency action. Know the different rights granted by the following laws: 1) Freedom of Information Act (FOIA) 2) Government in the Sunshine Act 3) Equal Access to Justice Act 4) Privacy Act  Antitrust Law and Unfair Trade Practices Objective 2 Restraints of Trade: Section 1 of the Sherman Antitrust Act (1 Question) Understand Sherman Antitrust Action Section 1 prohibits collusion by two or more firms “restraining trade” (i.e. harming competition) Unilateral (one party) activity is legal, e.g. unilateral refusal to deal Collective action petitioning the government is legal (Noerr doctrine) Do not be concerned about conducting analysis using rule of reason or per se tests Recognize instances of the following horizontal restraints of trade: Price fixing Division of markets Group Boycotts Recognize instances of vertical restraints of trade: Resale price maintenance  Antitrust Law and Unfair Trade Practices Objective 3 Monopolization: Section 2 of the Sherman Antitrust Act (1 Question) Explain the three elements a plaintiff must prove to win a monopolization lawsuit. Relevant market (product/service and geographical) Monopoly Power Willful Act of Monopolizing Explain defenses to monopolization lawsuit (when is monopoly power legal)  Intellectual Property and Information Technology Objective 1 Intellectual Property (3 Questions) A variety of state and federal laws protect four types of intellectual property: Trade secrets Patents Copyrights Trademarks  Intellectual Property and Information Technology Objective 4 Copyright (1 Question) Define copyright, recognize examples, know durations of copyrights Copyright must be registered with U.S. Copyright Office to have right to sue under federal copyright law Know remedies available to copyright owner Defense to copyright claim: Know Fair Use Doctrine Purpose of use Nature of work Amount of copying Impact on market  Intellectual Property and Information Technology Objective 3 Patent (1 Question) May appeal Board Grant or Denial of May appeal decision to Provisional Application Patent Application with Third parties may Patent Trial and Appeal decision to U.S. Court of May appeal to U.S. Patent by U.S.P.T.O. with U.S.P.T.O. U.S.P.T.O. challenge patent Appeals for the Federal Supreme Court examiner Board Circuit Available, not required Agency has up to three years During the patent-pending Accused brought before All patent appeals go to this Rarely, SCOTUS reviews Allows three months to file to grant or deny period, challengers may court court (from Patent Trial and patent decisions final application May pay for faster review argue for denial of patent Informed of charge Appeal Board and other Certain priority technologies based on prior art Enters plea cases related to are reviewed more quickly infringement and which were tried in U.S. District Courts) Single appellate court promotes uniformity of patent law precedent Requirements for obtaining patent: novel, useful, non-obvious Patent period for utility patent = 20 years; for design patent = 14 years Patent grants legal monopoly, patent holder may sue infringers (know damages)  Intellectual Property and Information Technology Objective 5 Trademark (1 Question) Define types of marks, recognize examples, infringement and remedies for infringement Federal registration with U.S.P.T.O. requires mark is either Distinctive (fanciful or arbitrary) Has secondary meaning (ordinary words with non-ordinary meaning) Explain duration of a mark and loss of a mark through abandonment or generic  Nature of Traditional and E-Contracts Objectives 4 & 5 List and describe the classifications of contracts. (2 Questions) All Contracts Can be Categorized As Formal Valid Executed Express OR OR OR OR Void Informal OR Executory Implied Voidable OR Unenforceable * Understand unilateral contracts v. bilateral contract. *For Implied Contracts: Do not worry about Implied-in-Law Contracts  Nature of Traditional and E-Contracts 4 Describe how offers are terminated by acts of the parties and define counteroffer (1 Questions) Know the different ways a party’s actions can terminate an offer. Revocation Rejection Counteroffer Know what an Option Contract is (defined in the Business Environment section) Remember – Option contracts always require consideration. Be able to differentiate between termination of an offer by a party’s actions and by operation of law  Acceptance Objective 6 Define acceptance and Apply the mirror image rule (3 Questions) Know the requirements of acceptance (unequivocal) Silence as Acceptance- know when silence can be acceptance and when it can’t be acceptance. Know the rules for Time of Acceptance and Mode of Acceptance Concept Summary: Effective Dates of Communications Concept Summary: Rules of Acceptance  Breach of Contract Objectives 3, 4,5 and 7 (2 Questions) Objective 2 is covered in Objectives 3, 4, 5 and 7 Be able to differentiate between: Compensatory damages – know the purpose “Benefit of the bargain” Do not worry about: construction contract or employment contract Consequential damages (must be foreseeable) Do not worry about: disclaimer of consequential damages Nominal damages Liquidated damages  Breach of Contract Objective 9 Describe the equitable remedies of specific performance, reformation, and injunction (1 Question) Focus on specific performance and injunction. Understand when each can be ordered (remember courts prefer to award monetary damages)  Credit, Real Property Financing, and Debtor’s Rights Objective 2 Define unsecured credit and describe the liability of the debtor. (1 Question) Know that Unsecured Credit does not have collateral. Be able to identify types of unsecured debt. Any bill you pay in the future that does not have collateral. Examples include: student loans, utility bills, credit cards. What else can you think of?  Credit, Real Property Financing, and Debtor’s Rights Objective 3 Define secured credit and describe the rights of the creditor (1 Question) Understand: Collateral Secured credit The right to repossess Deficiency judgment  Bankruptcy Objective 2 Describe bankruptcy procedures, including filing petitions for bankruptcy proceedings. (1 Question) Know the order of proceedings in a bankruptcy and what happens in each stage of the proceedings: 1. Prepetition counseling 2. File Petition (order for relief and automatic stay) 3. Meeting of Creditors 4. Proof of Claim and Proof of Interest 5. Discharge in bankruptcy Understand the role of the bankruptcy trustee. Know the debts discussed in class that cannot be discharged.  Bankruptcy Objective 5 Describe the provisions of a Chapter 7 liquidation bankruptcy. (1 Question) Know the difference between when you file for Chapter 7 and Chapter 13 bankruptcy. Median Income Test Do not focus on Statutory Distribution of Property  Bankruptcy Objective 6 Describe a Chapter 13 adjustment of debts of an individual with regular income bankruptcy. (1 Question) Understand the process when filing for Chapter 13 including the Chapter 13 plan of payment.  Corporate Formation and Financing 1. Define corporation and list the major characteristics of a corporation. Know the characteristics of a corporation. Know the role of shareholders (see introduction to chapter) Know what the roles of the board of directors and corporate officers  Corporate Formation and Financing 2. Describe the limited liability of shareholders of a corporation. (1 Question) Know the limited liability of shareholders.  Corporation Formation and Financing 3. List and describe the classifications of corporations. Be able to identify the following business types: For-profit corporation/ profit corporation Publicly held corporation Closely held corporation/ privately held corporation Not-for-profit corporation/ nonprofit corporation Government owned corporation Domestic corporation Foreign corporation Alien corporation Holding company/conglomerate Do not study the Model Business Corporation Act or the Nonprofit corporation act.  Corporate Formation and Financing 4. Describe the process of incorporating and forming a corporation. Understand Registered Agent Do not study other sections in this objective.  Corporate Formation and Financing 6. Describe how a corporation is financed by equity securities and define common stock and preferred stock. Know the differences between common stock and preferred stock. Study Business Environment, Preferred Stock Preferences Do not study Redeemable preferred stock, electronic registration, authorized shares, issued and outstanding shares  Corporate Formation and Financing 7. Describe how a corporation is financed by debt securities. Know the difference between: Debenture Bond Note  Corporate Formation and Financing 8. Describe how a corporation is dissolved and terminated. Know the difference between: Voluntary dissolution Administrative dissolution Judicial dissolution  Corporate Formation and Financing 9. Partnerships and limited liability companies (1 Question) Partnership – An agreement between two or more persons to carry on a business for profit A “person” can be also be a business entity such as an LLC or corporation. Owners are called “Partners” Liability – General partners have unlimited personal liability for partnership debts IF the partnership cannot pay its debt. Implied: two or more people start doing business Express: two or more people agree to start a business and set out the terms of the business. Liability: Owners have limited liability for LLC’s debts and don’t have to follow the same corporate formalities.  Liability of Principals, Agents, and Independent Contractors 1. Describe the duty of loyalty owed by an agent to a principal. (2 Questions) Know the agent’s duty of loyalty. Be able to differentiate between the different duties of loyalty (including dual agency). Study the examples carefully.  Liability of Principals, Agents, and Independent Contractors 2. Describe the tort liability of principals and agents to third parties. (2 Questions) Know that an agent is always liable for their own torts. Know when a principal is liable for an agent’s torts under the legal theory of vicarious liability  Liability of Principals, Agents, and Independent Contractors 3. Describe the liability of agents and principals for intentional torts. The agent is always liable for their own torts. The principal may be liable for an agent’s intentional torts depending on if it is in the scope of employment. Know the Motivation test and Work-related test. Understand that the principal’s liability may be different depending on which test is applied. `  Liability of Principals, Agents, and Independent Contractors 4. Describe the principal’s and agent’s liability on third-party contracts. (2 Questions) Type of Principal Liability to 3rd Parties Disclosed Principal Principal ONLY Partially Disclosed Principal Principal and Agent Undisclosed Principal Principal and Agent Also study ratification of a contract  Liability of Principals, Agents, and Independent Contractors 5. Define independent contractor and describe the liability of independent contracts. (2 Questions) Know independent contractor and the factors that determine if someone is an independent contractor. Understand when a principal is liable for an independent contractor’s torts and contracts.  Employment, Worker Protection, and Immigration Law 1. Define term employee and at-will employee Know employment what an at-will employee is and the exceptions to at-will employment. Know wrongful discharge and for cause termination.  Employment, Worker Protection, and Immigration Law 2. Describe workers’ compensation programs and the benefits available Understand when an employee qualifies for workers’ compensation. That it is the exclusive remedy against the employer. It is not the exclusive remedy against third parties who cause injury.  Employment, Worker Protection, and Immigration Law 3. Describe employers’ duty to provide safe working conditions under the Occupational Safety and Health Act. Know what the Occupational Safety and Health Act, OSHA and what OSHA (the administrative agency) does.  Employment, Worker Protection, and Immigration Law 4. Describe the minimum wage, overtime pay and other rules of the Fair Labor Standards Act (3 Questions) Know the regulation of child labor by age. I.e. what someone who is under 14, 14-15, 16-17 can do. Know federal minimum wage is $7.25 per hour and that if someone lives in an area that has passed a higher minimum wage, the worker gets the higher minimum wage. Do not worry about the special minimum wage for tipped employees. Overtime pay: Know when a worker gets overtime pay and how to calculate it. Know that nonexempt employees qualify for overtime pay. Know blue-collar workers and first responders always qualify for overtime pay.  Employment, Worker Protection, and Immigration Law 5. Describe the protections afforded by the Family and Medical Leave Act Know when an employee qualifies for the Family and Medical Leave Act. Know what FMLA provides for an employee.  Employment, Worker Protection, and Immigration Law 8. Describe unemployment compensation and how persons qualify for benefits. Know what unemployment compensation is the requirements to qualify for unemployment compensation.  Employment, Worker Protection, and Immigration Law 9. Describe Social Security and how persons qualify for benefits. Know that under the Federal Insurance Contributions Act employees and employers make matching contributions to the Social Security fund.  Employment, Worker Protection, and Immigration Law 10. Describe immigration laws and foreign guest worker visas Review Business Environment: Employment Eligibility Verification and know what employers are required to do before employing a person. Focus on H-1B Foreign Guest Work Visa. Do not study the other vias.  Equal Opportunity in Employment 1. Describe the functions of the Equal Employment Opportunity Comm’n (2 Questions) Know the EEOC’s function (what it is and does). Know the Complaint Process. Know the Lilly Ledbetter Fair Pay Act and how much back pay an employee can get (up to 2 years).  Equal Opportunity in Employment 2. Describe the scope of Title VII of the Civil Rights Act of 1964 (3 Questions) Know the classes covered by the Civil Rights Act of 1964. Race Color National origin Sex Religion Know the Scope of Coverage: When it applies What it prohibits Understand disparate-treatment discrimination and disparate-impact discrimination.  Equal Opportunity in Employment 3. Identify race and color discrimination that violates Title VII Be able to differentiate between race and color discrimination. Do not study the racial classification descriptions.  Equal Opportunity in Employment 4. Identify national origin discrimination that violates Title VII Know what national origin refers to and that national origin discrimination is prohibited by the Civil Rights Act of 1964.  Equal Opportunity in Employment 5. Define gender discrimination and describe the scope of protection against gender discrimination Be able differentiate between quid-pro quo sex discrimination and sex-plus discrimination. Do not study the Pregnancy Discrimination Act.  Equal Opportunity in Employment 6. Describe how members of the LGBTQ+ community are protected from job discrimination Know what sexual orientation refers to and gender identity means. Know what sexual orientation discrimination and gender identity discrimination prohibits.  Equal Opportunity in Employment 7. Describe racial, sexual, and other forms of harassment Know what harassment is and what constitutes a hostile work environment. Do not study affirmative defenses or classification of harassers. Understand the types of harassment.  Equal Opportunity in Employment 8. Describe an employer’s duty to make reasonable accommodation for employees’ religions Know when an employer must make an accommodation for an employee’s religion.  Equal Opportunity in Employment 9. List and describe defenses that may be raised by an employer against a charge of violating Title VII Know the bona fide occupation qualification defense.  Equal Opportunity in Employment 12. Describe the protections afforded by Americans with Disabilities Act Know what the Americans with Disabilities Act protects. Know employers are required to provide a reasonable accommodation. Know the factors the EEOC and courts consider when determining if an accommodation is an undue hardship.  Equal Opportunity in Employment 15. Describe employment protections for veterans and military personnel Know the Uniformed Services Employment and Reemployment Rights Act of 1994 and what it protects. Know what the USERRA does (three bullet points in book).  Equal Opportunity in Employment 16.Define affirmative action in employment Understand affirmative action and affirmative action plan. Be able to identify what is in an affirmative action plan. Do not study reverse discrimination.