Legal Review PDF

Test 1 ​ Tort: violation of another's rights or civil wrongdoing ○​ Negligent ○​ Strict liability: can never be done safely ​ Privacy torts: ​ Permanently published defamation = Libel ​ Oral defamation: slander ​ Absolute defense to defamation: truth ​ Won't be held liable under condi...

Test 1 ​ Tort: violation of another's rights or civil wrongdoing ○​ Negligent ○​ Strict liability: can never be done safely ​ Privacy torts: ​ Permanently published defamation = Libel ​ Oral defamation: slander ​ Absolute defense to defamation: truth ​ Won't be held liable under conditional privilege for defamation if No Malice and Good Faith ​ Tort of trespass to realty: enters without permission, removes objects, etc. ​ Disparagement is a legal term that refers to the act of making false statements about someone or something with the intent to damage their reputation, business, or property -similar to defamation, but for businesses ​ Unfair Competition: competing with another business not for profit but to drive them out ​ Slander of Quality: defamation of a business product ​ reasonable person standard: The reasonable person standard is an objective legal standard used to determine negligence. ​ A business owes a duty of care to its customers to ensure their safety and protection while on the business premises or interacting with its services ​ Punitive damages are awarded in civil lawsuits as a way to punish the defendant for particularly egregious, malicious, or reckless conduct and to deter similar behavior in the future. ​ A plaintiff would invoke res ipsa loquitur ("the thing speaks for itself") in a negligence case to infer that the defendant's negligence caused their injury, even if direct evidence of negligence is unavailable. ​ Comparative negligence is a legal doctrine used in tort law to allocate responsibility and damages when both parties (the plaintiff and the defendant) are partially at fault ​ Modified Comparative Negligence: A plaintiff can only recover damages if their fault is below a certain threshold (often 50% or 51%) ​ Elements of Negligence: Duty, Breach of Duty, Causation, Damages. ​ The Clean Air Act: emissions ​ The Clean Water Act ​ Safe Drinking Water Act ​ Resource Conservation and Recovery Act (RCRA) PREVENTING: governs the disposal of solid and hazardous waste ​ CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), COMPENSATING/PUNISHING also known as the Superfund Act,: address the cleanup of hazardous waste sites and the contamination of the environment. The primary purpose of CERCLA is to ensure the cleanup of sites polluted with hazardous substances and to hold potentially responsible parties accountable for the costs of cleanup. ​ ​ Environmental impact statement: Both short-term and long-term impacts should be considered​ ​ Involuntary transfer of property occurs when: 1.​ Foreclosure: When a property owner defaults on a mortgage, the lender may initiate foreclosure, causing the property to be transferred to the lender or sold at auction. The transfer occurs without the owner’s consent but is based on a legal process to recover the owed debt. 2.​ Condemnation  3.​ Eminent Domain: The government has the power to take private property for public use under the doctrine of eminent domain. Although the government must provide just compensation, the property is transferred involuntarily. 4.​ Adverse Possession: A person can gain legal title to property through continuous and overt use of another person’s land for a specified period, without the original owner’s consent. The use must meet certain criteria (e.g., uninterrupted for a number of years) under state law. 5.​ Judicial Sale: When a court orders the sale of a property to satisfy a judgment (such as in a legal dispute or tax lien case), ownership of the property is involuntarily transferred to a buyer through the sale process. 6.​ Tax Lien Sale: If property taxes are not paid, a local government can sell the property to recover the unpaid taxes, even if the owner does not agree to the sale. 7.​ Intestate Succession: When a person dies without a will (intestate), their property may be transferred involuntarily to heirs according to state law. A possessory interest in property refers to the right to occupy or use the property. Possessory interest may not necessarily involve full ownership of the property. ​ Leasehold Interest: A tenant has a possessory interest in a rental property, meaning they have the right to live in or use the property for a specified period, but the ownership remains with the landlord. ​ Adverse Possession: A person who possesses land without the owner's consent for a specific time period (usually years) may eventually gain ownership through the legal doctrine of adverse possession. During this time, their interest is possessory until it converts into an ownership interest. An ownership interest in property refers to full legal rights over the property, including the right to transfer, sell, or bequeath the property. It represents the highest form of legal entitlement to a piece of property. There are various forms of ownership interests, such as: ​ Fee Simple Ownership: The most complete ownership interest in property, which grants the owner the right to control, use, and dispose of the property at will, subject to local laws and regulations. ​ Life Estate: A type of ownership where the person holds rights to the property for the duration of their life, after which the property passes to another party (a remainderman). Property Rights  ​ Easement: A utility company may have an easement to install and maintain power lines across a private property. ○​ By necessity: An example would be if a landowner sells a portion of their land, but the newly sold land is landlocked and cannot be accessed without crossing over the remaining land. An easement by necessity could be created, allowing the new owner to cross the seller's land to reach a public road. ​ License: A homeowner allowing a neighbor to park in their driveway for a few days is granting a license, which can be revoked at any time. ​ Profit: A timber company might have a profit on a piece of land, giving them the right to cut and remove trees from it. Property Transfer ​ Execution: The donor or seller signs the necessary legal documents to indicate intent to transfer the property. ​ Delivery: The property (or deed) is physically handed over to the recipient, or control of the property is transferred. ​ Acceptance: The recipient acknowledges and agrees to take possession or ownership of the property. ​ quitclaim deed offers a simple transfer of ownership with minimal guarantees, often used when the parties involved have an established relationship or when the risk of title issues is low. ​ warranty deed offers greater security for the grantee, as the grantor guarantees a clear title and takes responsibility for defending it against any future claims. ​ Family Medical Leave Act: ○​ Must work for an employer with 50 or more employees within a 75-mile radius. ○​ Must have been employed for at least 12 months (not necessarily consecutive). ​ workplace safety: Occupational Safety and Health Act (OSHA) ​ National Labor Relations Act (NLRA), also known as the Wagner Act: labor management relations ​ A primary boycott is a type of protest or labor action in which a group, typically a union or organization, refuses to buy goods or services from a particular company or employer to express disapproval or to encourage changes in the company's practices. ○​ Labor Union Boycotts: Workers may organize a primary boycott against an employer that refuses to meet union demands, such as for higher wages or improved working conditions. ○​ Consumer Boycotts: Advocacy groups might call for a primary boycott of a company that engages in unsustainable environmental practices or violates human rights. ​ categories protected in title 7: ○​ race, color, religion, sex and national origin (15 or more employees) ​ Disparate treatment refers to intentional discrimination where an employee or job applicant is treated differently based on a protected characteristic, such as race, sex, or religion ​ Disparate impact refers to practices or policies that, while seemingly neutral, disproportionately affect members of a protected group in a negative way (unintentional) ​ A complaint must be filed with the EEOC within 180 days of the incident -​ Must present right to sue letter ​ Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals who are 40 years of age or older (20+ employee) ​ Criterion-related validity is crucial for establishing the effectiveness and practical utility of a test. For example, if a test designed to predict job performance fails to predict actual performance, its criterion-related validity is low.  EX: test scores ​ Excluded Groups from NLRA protection: ○​ Independent contractors ○​ Agricultural workers ○​ Supervisors (under certain conditions) ○​ Public employees (depending on state laws) TEST ! ​ When a statute is prop. Legislature can ignore/adopt/adopt some ​ Dobbs vs Jackson = overturned precedent ​ Treaty is negotiated by exec, passed in legis. By ⅔ ​ Admin laws fill gaps ​ US CODE= statutes ​ Mens rea= guilty mind ​ False entry= fake numbers in books ​ 14th amendment. extends due process to states ​ UCC: commercial activities, from selling goods to securing loans and managing bank transactions ​ False Claims Act: is a crucial tool for fighting fraud against the government, providing a financial incentive for individuals to come forward with information about fraud, and protecting the integrity of public funds. -​ Whistle blowers F ​ Sarbanes-Oxley: 7 years of records ​ Appellate: questions of law ​ The jurisdiction in land disputes is primarily determined by the location of the land ​ Corp resides: place of incorp. And principle place ​ Federal trial courts: district courts ​ Deposition: witness testimony under oath  ​ Judge agrees for different reasons: concurring ​ ADR: faster and cheaper ​ Mediations: preserve relationships, flexible ​ In arbitration you can choose or not to have council ​ Summary trial: non binding arbitration ​ Private Trial: binding ​ Impeachment: (more than half) votes in favor in the house, the official is impeached, then the Senate for trial. ​ Federal govt deals with business matters ​ The Central Hudson Test whether commercial speech regulations violate the First Amendment. For instance, the government can restrict certain types of advertising (like misleading health claims or advertising for tobacco products), ​ 1st amendment doesn't protect: defamation or obscenity ​ basic fairness laws typically refers to legal principles and frameworks that ensure due process and justice in legal proceedings, particularly within the context of both civil and criminal law. ​ Takings Clause of the 5th Amendment ensures that private property rights are respected and that individuals receive fair compensation when their property is taken for public use. ​ Articles of incorp: when corporation files with secretary of state ​ Death of corp= reforming and liquidation TEST 2 CONTRACTS ​ A valid enforceable contract requires mutual assent, meaning both parties must clearly and objectively agree to the terms.  ​ offeror is the person or entity who makes the offer in a contract ​ offeree is the person or entity to whom the offer is made ​ assenter is the party who agrees to the terms of the offer and communicates their acceptance ​ Assentee: The person to whom the acceptance is communicated, often the offeror. Offeror -> assentee (or/er = giving) (ee = receiving acceptance or offer) Offeree -> assentee ​ subjective belief alone is typically not sufficient to form a valid contract. Instead, an objective basis, determined by clear and mutual assent between the parties, is required for a contract to be legally enforceable. ​ executory contract involves promises or duties that are to be fulfilled in the future. CHAPTER 21 ​ sole proprietorship: an individual operates a business on their own, without forming a separate legal entity. ○​ This structure is often chosen for its ease of setup, direct control, and low operational costs. ○​ High liability on proprietor ​ partnership is a business structure in which two or more individuals (or entities) agree to operate a business together, sharing profits, losses, and responsibilities ○​ Articles of partnership: documents that form partnership ○​ Dissolution: first step in dissolving partnership ○​ Winding-up: second step ​ General Partnership: profits/responsibility split equally ​ Limited Partnership: general partner(s) take liability, limited partner assumes no liability besides originally invested capital ​ Limited Liability Partnership: all partners take liability for ones’ malpractice MORE LIABILITY for day to day members Less Liability for those not daily involved ​ Corporation: formed by issuing stock to investors -​ Shareholders: investors in corporation ​ S corp: less than 100 shareholders and avoids double taxation ​ LLCs are often the ideal choice for small to medium-sized businesses due to their combination of liability protection, tax advantages, and operational flexibility ​ A cooperative (often referred to as a co-op) is a member-owned and member-controlled organization that is formed to meet the common economic, social, and cultural needs and aspirations of its members. It operates on a democratic basis, where each member typically has one vote, regardless of the number of shares they hold or their level of investment. The primary goal of a cooperative is to benefit its members rather than to generate profits for external investors. ​ joint-stock companies are a popular structure for large businesses seeking to raise capital and allow for the distribution of ownership and risk among multiple shareholders. ​ A business trust is a legal arrangement in which the ownership of a business or property is held by a trustee for the benefit of the beneficiaries, typically investors or stakeholders. In a business trust, the trustee manages the business ​ A syndicate is a group of individuals or entities that come together to undertake a specific business venture or project, often for a limited time ​ Joint ventures are best for specific business projects or goals where multiple companies collaborate, sharing resources, risks, and rewards. limited time ​ Franchisor: McDonalds ​ Franchisee: person who opens a new mcdonalds ​ Chain-style business operations (franchising) are ideal for entrepreneurs who want to follow a proven business model with brand recognition and support. (mcdonalds) (franchise agreement) ​ Distributorships are suitable for individuals who want to focus on selling products with more autonomy than franchising, but without the obligation to operate a full business system. (car dealership) ​ Manufacturing agreements are best for companies that want to outsource production while maintaining control over the branding, sales, and marketing of their products. (nike factories) ​ Tax Lien Sales focus on tax delinquencies, ​ Judicial Sales arise from broader legal disputes. (lawsuit, etc  ​ Negligence per se, refers to a legal concept where an action is considered negligent because it violates a statute or regulation ​ quid pro quo harassment occurs in the workplace when a manager or other authority figure offers or hints that he or she will give the employee something in return for that employee's satisfaction of a sexual demand. ​ Content validity: isolates a specific skill needed for a job ex: court reporter ​ Construct validity: ex: daycare wokrer ​ Defenses to equal pay act: ​Seniority, Merit, and Quantity and quality of product. ​ There are NO laws federally about discriminating against sexual orientation Assault and battery are both intentional torts -​ Assault is threat -​ Battery is actual physical harm from another ​ Attorney fees are generally not considered compensatory damages. ​ A base hold could refer to a condition in a lease or agreement where the tenant or buyer is required to maintain possession of a property or asset for a certain period ​ An injunction is a legal order issued by a court that requires a party to do something or refrain from doing something ​ Must renew trademark after 10 years ​