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This 12 page Class Notes was uploaded by Javier Villa on Friday October 9, 2015. The Class Notes belongs to 4310 at Florida International University taught by Perry in Fall2013. Since its upload, it has received 11 views. For similar materials see Legal Environment of Business in Business at Florida International University.
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Date Created: 10/09/15
1 Enforceable contract by saying yes to an online 2 How many states have adopted uniform commercial codes all of them except Lousiana What are the elements of a valid contract offer acceptance consideration and lawful purpose Is a fairprice an element of valid contract No Which part of the uniform commercial code deals with sales Article 2 Which article deals with leases Article 2A If a contract is illegal is it void Yes What is the most common way to discharge a contract discharge your obligations To perform it 9 What is an accord and satisfaction is Example would be if someone owes you 100k but cannot pay that much but pays 85k and you say okay and enter into an agreement to pay the 85k accord and once he pays that39s the satisfaction 10 Can you get refutable damages in a contract dispute No almost never unless its fraud 11Under the UCC just like common law do you need to be de nite Yes 12 If an offerer does not specify in means of acceptance how can you accept Any reasonable means 13Under the UCC does an agreement that modi es a contract need consideration to be binding No unless for 500 or more 14Under the common law does it need consideration to be binding Yes 15 Under a shipment contract when is the risk of loss pass to the buyer when it is tenderedgiven to a carrier 16Are merchants required to warrant that the goods that they sell are t for a particular purpose no 17How can a merchant disclaim a warranty under the UCC In writing and be conspicuousalways in capital letters 18How can you disclaim warranty under the CISG Any way you want 19Does the UCC apply to consumer sales or just merchants sales All sales 20How about the CISG does it apply to consumer sales No it doesn t 21 Do we have tort law to punish criminals or wrong doers No that is criminal law tort law is to punish negligent people 22ls it okay to use a person39s image or picture for commercial purposes without commission No invasion of privacy 23lf a business invites a person to come on their premises what duty are they charged with Reasonable care to protect them 24What39s causation in fact in an injury situation mean Would not have happened but for whatever I did 25Are LCC39s governed by a federal statues no by state 26Are members of an LLC are they personally liable for wrongful acts or emissions of the LLC No 27Does the director have to disclose any con ict of interest before he votes or performs transactions yes 28Does the federal wage an hour law cover employees engaged in Interstate commerce yes DJ Heme 29Empoyment at will doctrine mean Employee or employer can terminate at any time 30 I plan to sell my car is that an offer No statement of future intent 310ffer can only be accepted if communication is between buyer and seller 32Can a party who substantially performs his or her duties under a contract enforce the contract against the other party Yes 33What do you call the party under Article 2A who owns the goods and transfers the right to possession and use of goods under lease The lesser 34What do you call the party who gets the right to use the lease the lessee 35ln a contract between merchants additional terms in the parties separate standard forms do they become part of the contract yes 36Are oral contracts enforceable under the UCC Yes unless it is for a sales of goods 500 or more 37Under the Laiseizze vs Zamer Lucy case who won the case Which party Lucy under what theory did the judge say that Lucy won The object theory of contract 38Under the model partnership act the law presumes that partners share in pro ts and losses equally no matter what the proportion of their nancial contribution to the business TF True 39lf a woman sues her employer claiming she was sexually harassed on the job is that a criminal or civil law suit Civil law suit 40lf I enter into sales contract to buy something for 100 and the seller doesn39t perform What is the measures of my damages The difference between contract price and market price 41Can I get money damages amounting to loss pro ts in a sales contract that has been breached if those loss pro ts are foreseeable consequence of the breach Yes 42tf a negotiation in rati cation of the united nations convention on contracts for the international sales of goods took relatively little time since the parties were uniform in their views about commercial law False 43 when an international seller and buyer enter into a sales contract can they get out of the CISG Yes they can opt out has to be in contract though 44tf under the CISG all contracts for the sales of good in excess of 5000 must be in writing False you don39t need writing under the CISG 45is the UCC a federal statue No state law 46the tort of assault is the act of imposing unwanted physical contact on another person False that s battery 47tf A corporation shields shareholders from personal liabilities of debt and obligations of the corporation True 48 49 50CocaCola vs Koke what did CocaCola win Koke couldn39t use their name 51lfl have a trade secret do I register it to protect it NO 52lfjohn offers to pay the delivery company 50 if it picks up and delivers a package from an accountants of ce within 30 min and the transportation company can only accept the offer by meeting the deadline if the transportation company performs as directed what kind of contract would that be Unilateral contract 53 If I go to an electric company and lam building this house and I ask them to provide certain services but we don39t talk about payment they provide those services and deliver an invoice and then I refuse to pay they sue me is the court going to nd that we had a contract Implied contract 54 What is an executory contract Something that still has to be performed 55When parties enter into a contract will the courts look at whether or not consideration is adequate No unless if it is an extreme measure Courts will not look if it is an adequate consideration 56lf I offer to buy 50 cases of cement from a manufacturer and I enter into a contract to buy these 50 cases if the contract doesn39t say otherwise is this a destination contract or a shipment contract shipment contract buyer bears risk of loss 57What is the obligation of a seller under a contract under the uniform commercial code Product has to be Conforming goods 58Seller ships the goods but they are not the right goods the buyer needs to notify the seller within reasonable period amount of time if not then he has accepted them 59lf im buying 100 dresses send me a sample what is that sample become A warranty that all dresses will be like that sample 60lfl buy a sandwich from Publix and I eat it and become ill and I le a lawsuit against Publix saying that the sandwich was not merchantableNot t for sale how do you measure that Consumer expectations 61ln ling lawsuits against a radio station or newspaper for defamation in which situation would a plaintiff would have to show actual malice Being a Public gure 62lf someone is injured if someone slips and falls on your slippery sidewalk to determine whether or not you the owner of the sidewalk owe a duty of care to the person who slipped and fell what would be the standard that the court would use to determine whether or not you owe the duty Reasonable person 63lf a company using dynamite in a demolition and someone walks by and is injured by the blasting what39s the standard that the court will use in nding that the dynamite company is guilty Strict liability 64Company A agrees to sell to company b certain amount of locally grown tomatoes each week no mention is made of where the goods will be delivered under UCC where will it be delivered Sellers place of business 65Act or event other than the lapse of time which unless the condition is excused must exist or occur before a duty to perform a contractual promise arises is Considered what Condition precedent 66Does the UCC deal with real estate No only tangible goods 67Which if the following is an element of negligence All of the above 68 Corp assets must never be kept together with shareholder assets 69 In the Nutrisoy case which law did the court apply The UCC but should39ve applied the CISG 70What could the parties in the Nutriyso have done to save themselves time and money Offer a Dispute resolution Congress can only pass legislation that falls within limits set up by the US constitution TRUE The US Constitution is the supreme law of the United States TRUE Supreme law is state constitution Common law is the best and only source of legal authority FALSE Common law is the only system NO Civil lawIslamic lawSocial law What is the Arabic word for law SHARIA Supreme court for education Brown versus education They change the law Where does the federal government gets its power Constitutions Where does states government gets their powers Central government ltState governments have all powers not speci cally given to the federal governmentgt What is the quotFull faith and credit clausequot constitution do court in one state required to follow the legal presidency establish by in court another state states must honor public acts and legal decisions of other states Civil law system common law system difference they don t play the same role Civil law don t create law they follow codes Common law creates law What is speci c performance What kind of a remedy is that equitable remedy What is the difference between Equitable remedy and remedy at law Legal remedies money damages Equitable remedies injunction and speci c performance Case free speech quotprotect kidsquot quotsubstantial state interestquot quotdid it worth to protectquot quotwas there a better wayquot Our system based on utilitarianism medical model Three main ethical utilitarianism rights rule based Utilitarianism is also called ontological Rule based is Deontological What is the Process of discovery in a lawsuit before trial you get as much as information from the other party Only in common law Choice of law Florida law choice of form MiamiDade County force Under Islamic law charging interest false Description of law set of rules regulate conduct Opinion ofjudge pio s decision as well as statutory language are rarely ambiguous FALSE purpose of complain to notify other person you need to be clear and tell exactly why you are suing them lnternet makes communication much faster FALSE Martha convicted lying and obstruction ofjustice and conspiracy Stare decisis judge made law president There is one right answer to every legal question FALSE To reason by analogy is syllogistic FALSE What is the reason by analogy is to compare Juries good sense and careful consideration of consequences is known as jurisprudence FALSE A judge s view of law important TRUE A judge s view of the law is of little importance in a common law system FALSE Function of court and judge implied of law Which branch of government has the nal authority on the constitution jUDlClAL BRANCH lnrem jurisdiction state court exercise jurisdiction over property located within the state s boundaries Long arm statute a court can exercise personal jurisdiction over certain outofstate defendants based on activities that took place within the state Bringing back to the states Crime or offence in your state What is standing the outcome of the case effect in personal What is deposition someone questioning you discovery process In our system do most cases get SettledDismissed 90 or trial 10 Do judgescourts typically overturn our betrayer s decision no they don t false Mediation neutral third party Negotiation no 3rel party between 2 party Can an action be Legal but not ethical YES Manager apply same stander themselves as apply their employers YES Corporations ethical rules policies should be clearly communicated YES Roleplay by Women makes different ethical problems business international YES Middle East countries Those Powers speci cally delegate to federal government in US constitution states keep those powers Police power in states take care the well being in state society The broad right of state governments to regulate private activities to protect or promote the public order health safety moral and general welfare The common law system originated in ENGLAND State law treats nonresidents different from residents YES Can the state regulative statute effect interstate covers NO Federal Government US Congress has the authority Can a state pose higher tax on other state products shipped to in state location NO Discrimination What is the bill of rights do They protect individuals from actions by government Government inspectors generally have a right to enter business premises without warrant NO Law that only limits some people39s exercise fundamental right is valid FALSE International law attempts to reconcile the authority of each nation over Civil laws system records independently developed the rules governing certain areas of the law FALSE ln Islamic countries law in uenced by the religion TRUE In common law system are traditional precedence nding TRUE What is expropriation Taking of property or rights by government Foreign state is immune from the jurisdiction of US courts unless they conduct business What is Tariff Tax on imports What is the reason of existence for World Trade Organization To lower trade barriers and increase trade Ethics are law related TRUE ln organization installing sense of ethics top person CEOpresident There is only one ethically correct way to do something FALSE number of ways When a federal judge is pointed how long FOR LIFE What is the minimum monitor requirement for lawsuits 75000 For diversity jurisdiction do exist at least 2 places 2 separate states or 1 state and 1 foreign country judge follow restatement of a law before make decision NO Can a law passed by congress ever be violated to US constitution NO No law can ever violate US constitution TRUE Principal equity is unique to civil law system FALSE Probation in Florida constitution re ex to US constitution US constitution expresses over any states Which branch of the government has the authority to determine the validity of a law JUDICIAL BRANCH If we apply critical thinking skills to believe someone statement or arguments Reasoning evidence and conclusion Early 19th century case that stood for proposition that the federal judiciary is the one who decide what the law is Marbury v Madison What happened on Paquette Havana case They cannot do that Customary international law What is Sovereignty mean The need of each country to be the nal authority over its own affairs Speci c territory authority free from outside Arabic law mean is jihad FALSE As a judge meaning decides case principles law Common law is case law Midterm review 0 Common law is not the best and most efficient 0 Judge made law 0 Brown vs board of education did not maintain status quo Desegregated schools 0 Does the federal government have all the power that the US constitution doesn t give to the state No the states have all the power that s not given to the central government 0 Under the full faith and credit clause are state courts in one state required to follow the precedent of another state No they have to follow the legal judgments 0 Do courts in a civil law system play a part in making the law No 0 Specific performance equitable remedy judge orders someone to do something or not do something 0 Cultural in uences play a role on contract agreements 0 Bad frog brewery 3 questions was there a substantial state interest did your action further that state interest was there a better way to do it They won bc there was a better way for them to go about it 0 Cost benefit analysis majority rule are from utilitarianism teleological system the end justifies the means Consequences 0 Rule based system deontological system Based on rules 0 Litigation system and discovery process in the US encourages people to file law suits in the US False 0 Good or bad to have dispute clause in contract in international law Good 0 Do judges make law in civil law countries No legislative branch does 0 Under Islamic law is it okay to charge interest No 0 What is law System of rules that regulates conduct 0 Are the opinions of judges in courts of appeal always clear cut No often ambiguous 0 Is a plaintiff allowed to be as vague as possible to keep defendant in the dark No has to be clear 0 Does the invention of the internet make communication faster than the telephone No cheaper 0 What was Martha Stuart convicted of Lying and conspiring to lie 0 Is the decision of the court of appeal binding Yes 0 Stare decisis stand on past cases 0 tf there is one right answer to every legal question False 0 what is to rule by analogy To compare one thing to another 0 tf courts often rely on the common law to true 0 what is jurisprudence legal philosophy 0 which is the most complex way to do business in a foreign market Foreign direct investment tf germany and meXico both civil law systems have extensive discovery in their system and false can a state court exercise their jurisdiction over a piece of property in their jurisdiction Yes in rem Tf a business firm may have to comply true What do we call the process where we obtain info from opponent discovery Deposition sworn testimony given before trial Corporation files a lawsuit against corporation what are the chances of going to trial Slim Over 90 of law suits do not go to trial Arbitration agreements are enforced by the state Can you appeal an arbitration Only if there was fraud Licensing agreement to allow someone to use trademark or processes or patent or name Martha stuart asked for a new trial because there was perjury County commission in Miami makes a law ordinance and state legislature makes a law and us congress enacts a law they are statutory law Whenever the state legislature makes a law Case law Administrative law If a provision of the constitution con icts with the US constitution which one goes The US Reason by analogy compare the case to another case What doctrine was overturned in brown vs board of education separate but equal Which branch of gov has the ability to determine the validity of the law judicial Stop shipment of goods ask for an injunction order him to do something or not do something If mexico has civil law system are the courts obligated to follow stare decisis No Will the courts make new rules of law No What do we do when we apply critical thinking skills Ask me to convince you determine if there s a strong connection between the argument and conclusion What was the name of the early 19th century supreme court case Marbury vs Madison judicial review Havana what course issued the final decision Supreme court of the US What law did the supreme court apply Customary international law What is sovereignty referred to in international law supreme authority of people in that area What s the basic mechanism for creating international law Consensus of the international community Article 38 of court of justice sets forth the places where judges are supposed to find the law What are the primary sources of law in Islamic law Qur an sunnah Whats the Islamic name for law Shari ah Company in s carolina makes and sells products that are poorly made and im a resident of n carolina buys and suffers concurrent jurisdiction Diversity of jurisdiction to get into federal court more than 75000 and diversity of citizenship What is the first document that you file in a lawsuit A complaint Then a defendant files the answer Whats it called when the supreme court agrees to take a case They issue a writ of certiorari Do we have a right to appeal to the supreme court No If this company makes a dangerous toy and I buy one for my child but I discover before my child is hurt and I file a lawsuit anyways that company s best way of getting a dismissal is Do not have standing to sue because no one was hurt No interest in the outcome of the case Litigation Mediation 3rd party Negotiation no 3rd party Arbitration 3rd party with binding outcome
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