Intro to Law- Final Materials Provided

What is a tort?

A civil wrong that causes harm or loss to another person; different from criminal law.

What are the four types of torts by intent?

Intentional, Recklessness, Negligence, Strict Liability.

What are the elements of a tort?

Duty, Breach, Causation, Damages.

What is strict liability?

Liability for ultrahazardous activities even if utmost care was taken.

What are the four elements of a valid contract?

Agreement, Consideration, Legality, Capacity.

What is the Mirror Image Rule?

Under common law, acceptance must match the offer exactly.

What is consideration?

Legal value + bargained-for exchange.

What contracts must be in writing under the Statute of Frauds?

Sale of goods over $500; interest in land; cannot be performed within one year; collateral promises; executor promises; marriage consideration.

Name the main forms of business organization.

Sole Proprietorship, Partnerships, Corporations, LLCs, Professional Corporations, Nonprofits.

What is a franchise?

A contractual relationship; not a separate business entity.

What is a Benefit Corporation vs. Certified B Corp?

legal entity requiring stakeholder view v. outside certification.

What is employment at will?

Either party may terminate for any reason, with exceptions.

What does Title VII prohibit?

Employment discrimination based on race, color, religion, national origin, sex.

What are the two types of sexual harassment?

Quid Pro Quo and Hostile Work Environment.

The intent of the ADA is to give disabled employees an advantage over non-disabled employees.

False — it provides equal opportunity.

A tort is:

A breach of a duty owed to another that causes harm.

Tort law is an example of both private and civil law.

True.

Key elements of intentional interference with contractual relations?

All of the above.

Sexual harassment by male employees toward other male employees may create legal liability.

True.

If an employer knows about a hostile environment and fails to act, they can be held liable.

True.

A franchise agreement might set forth:

All of the above.

OJ Simpson’s civil case after criminal acquittal was double jeopardy.

False — double jeopardy applies only to criminal cases.

When agencies hold hearings before ALJs, they act like which branch?

Judicial.

The President has more authority over executive agencies than independent agencies.

True.

Burden of proof “beyond a reasonable doubt” is 99.9%.

False — very high but not quantified.

At the federal level, felony charges require a grand jury indictment.

True.

Felony penalty usually corresponds to:

A year or more in jail.

Court will enforce a contract for theft of trade secrets?

No — illegal contracts are not enforced.

Jill’s bungee jumping injury likely fails under which doctrine?

Assumption of risk.

Business Judgment Rule requires managers to act with care and in the company's best interest.

True.

Peremptory strikes cannot be used based on:

Race.

Product liability law may be based on express warranties but not implied warranties.

False — both.

Sellers can avoid all product liability suits with disclaimers.

False.

If employer shows discriminatory requirement is job-related and necessary, they likely win.

True.