Kopcinski Bus 207 Winter 2025 Final Exam Study Guide

Mobile Home Residency Law (MRL)

Portion of California Civil Code that regulates manufactured (mobile) home rental agreements, charges, grounds for eviction, and eviction procedures

Marsh v. Lott

California Case that held .25¢ to purchase a 90-day option to by real property worth $100,000 was sufficient consideration

Acceptance

An offeree's assent, either by express act or by implication from conduct, to the terms of an offer in a manner authorized or requested by the offeror, so that a binding contract is formed

Consequence of modifying the terms during an acceptance

If an acceptance modifies the terms or add new ones it generally operates as a counteroffer

Counteroffer

An offeree's new offer that varies the terms of the original offer and that ordinarily rejects and terminates the original offer

Offeror

A person who makes an offer.

Offeree

A person to whom an offer is made.

De Los Santos v. Great Western Sugar Co.

"Such Tonnage of Beets" - Supreme Court of Nebraska case that held "An agreement which depends on the wish, will or pleasure of on of the parties is unenforceable." In this case, the term set by the transport company that said it would provide a flat rate to "transport such tonnage of beets" as it could load was unenforceable.

Mattei v. Hopper

"Obtain leases satisfactory to the developer" - California Supreme Court Case that held a contract was enforceable because it enforcement of the term was dependent upon the good faith of the developer. In other words, it was valid for the developer to promise to purchase the land if he could find leases to his satisfaction

Breach of Contract

A violation of a contractual obligation by failing to perform one's own promise, by repudiating it (refusing to acknowledge it), or by interfering with another party's performance

Differences between Damages in the Personal Injury / Tort context and Contract Context

In personal injury / negligence cases, the injury has to be physical or emotional. In contract, the injury is monetary based on the breach. While both get the same remedy - Monetary Damages i.e., a monetary award, punitive damages are not allowed in Contract, but they are allowed in personal injury/tort cases

Damages in Contract

A monetary award that compensates an injured party for a breach

Actual Damages

An amount awarded to a complainant to compensate for a proven injury or loss; damages that repay actual losses

Compensatory Damages

Damages sufficient in amount to indemnify (compensate or secure against) the injured person for the loss suffered. Also known as a synonym for actual damages

Expectation Damages

Compensation awarded for the loss of what a person reasonably anticipated from a transaction that was not completed

Liquidated Damages

An amount contractually stipulated as a reasonable estimation of actual damages to be recovered by one party if the other party breaches (Common example is a late fee for missed payment).

Punitive Damages

Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit - Is Allowed in Torts

Personal Jurisdiction

A court's power to bring a person into its adjudicative process

Venue

The proper or a possible place for a lawsuit to proceed

Rycz v. Superior Court of San Francisco County

Case we studied in class to learn about the concept of venue. Case involved an Uber driver who left an drunk San Diego College Student by the freeway, who later walked on the freeway and was struck and killed by a car

Three ways to establish Personal Jurisdiction

1) Where either party is domiciled (Nerve Center for Corporation)

2) Where the transaction or occurrence happened

3) When a party avails itself to the forum state through minimum contacts, or putting itself in the stream of commerce

Four ways to transfer/change venue according to California Code of Civil Procedure Section 397

1) When the court designated in the complaint is not the proper court

2) When there is reason to believe that an impartial trial cannot be had therein

3) When the convenience of witnesses and the ends of justice would be promoted by the change.

4) When from any cause there is no judge of the court qualified to act

Rycz v. Superior Court of San Francisco County dealt with this way to change venue under California Code of Civil Procedure Section 397

When the convenience of witnesses and the ends of justice would be promoted by the change.

Rule from Rycz v. Superior Court of San Francisco County that shows when convenience of witnesses can be established

Convenience of witnesses, as a ground for changing venue, is shown by the fact that the residence of most of the witnesses is in the county to which the transfer of the case is requested.

Rules from Rycz v. Superior Court of San Francisco County that show when the interests of justice if promoted

•The interest of justice is also generally promoted by other factors, such as:

1) conducting trial in the venue with greater connection to the underlying events, 2) a local

interest in having localized controversies decided at home, 3) jury duty being a burden that ought

not to be imposed upon the people of a community which has no relation to the litigation, 4)

witnesses would be readily accessible for immediate recall if further testimony was desirable,

thus preventing needless delays, 5) when public servants are witnesses, there is benefit to the

public to minimize the amount of time they are required to be away from work, and 6) when

moving the venue makes site visits more plausible

Discovery definition for Civil Procedure

Compulsory disclosure, at a party's request, of information that relates to the litigation

Types of Discovery

1) Interrogatories

2) Requests for Admission

3) Requests for Production

4) Depositions

Deposition

The taking of sworn testimony of a party or witness under oath, typically in a space outside of courtroom with a court reporter present transcribing every word, and sometimes video taped. The deposition can last a full day or 7 hours

Mediation

A method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution

Caucus Style Mediation

When parties are in separate rooms, and mediator shuffles between the two rooms

Conference Style Mediation

When all parties are in the same room with the mediator

California Code of Civil Procedure Section 664.6 Judgement Pursuant to Terms of Settlement

Part of the California Code of Civil Procedure that gives judges authority to enter judgement in a case according to the terms of a settlement agreement.

Cal. Evidence Code 1119

Part of the California Evidence Code that indicates everything said during mediation is confidential

California Rules of the Court Rule 3.857

California Rules of the Court Rule that indicates a mediator must 1) Act with diligence to advance the mediation in a timely manner, 2) Act in a procedurally fair manner, and 3) Explain the mediation process

Evaluative Mediation

A style of mediation in which the mediator provides the mediator's opinion and the strength of the legal claims and evaluates the case

Facilitative Mediation

A style of mediation in which the mediator does not evaluate the case, and instead, focuses on facilitating a solution for the parties

Mediator's Number / Mediator's Proposal

A settlement number proposed by the mediator to both sides to help continue the mediation when there is an impasse

BATNA

best alternative to a negotiated agreement

WATNA

Worst Alternative to a Negotiated Agreement

LATNA

Likely Alternative to a Negotiated Agreement

disparate-impact discrimination

A type of discrimination that consists of 1) An Adverse effect

2) of a Facially neutral practice

3) that Discriminates against persons because of a protected class

4) is Not justified by business necessity

and 5) Discriminatory intent is irrelevant

Yick Wo v. Hopkins

Supreme Court decision in 1886 overturning San Francisco law that, as enforced, discriminated against Chinese-owned laundries. Seminole Disparate Impact Case

Griggs v. Duke Power

U.S. Supreme Court Case that found the company's hiring criteria of requiring employees to pass aptitude tests and have a high school diploma created a disparate impact on African American applicants and was not necessary to a legitimate business interest as the requirements did not demonstrate "a reasonable measure of job performance."

3 step Burden Shifting Analysis for a Disparate Impact Case Analysis

1) Employee makes out a Prima Facie Case, 2) the Employer presents a defense (Showing practice is job related for the position in question and consistent with business necessity.), and 3) the Employee shows that the Employer's reason is pretext for discrimination (viable alternative means are available, and the employer could meet its objective without a discriminatory effect).

Disparate Treatment

Theory of discrimination in which a person is treated differently because of the person's protected characteristic

Unruh Civil Rights Act

The Unruh Civil Rights Act (California Civil Code Section 51) provides protection from discrimination by all business establishments in California, including housing and public accommodations, because of age, ancestry, color, disability, national origin, race, religion, sex and sexual orientation. Allows a business establishment to discriminate based on age in order to preserve housing for senior citizens

What is a Bona Fide Occupational Qualification

A Bona Fide Occupational Qualification (BFOQ) can be defined as a legally authorized restriction granted to employers to refuse the hiring or a person based on their sex, religion, or national origin

Reasonable Accommodation

•A logical adjustment made to a job and/or the work environment that enables a qualified disabled person to perform the essential functions of that position.

Green v. Missouri Pacific Railroad

8th Circuit Court of Appeals case that held an applicant's criminal conviction record can never be an absolute bar to employment. Instead, an employer must consider the nature and seriousness of the crime in relation to the job sought and the time elapsing since the conviction

Craig v. Department of Health, Ed. and Welfare

Western District of Missouri case in which the court found no discrimination when the Social Security department terminated a mailroom employee's employment after it found she plead guilty to possessing a stolen government check 1 year prior to her hire, and at the time of her termination, several checks disappeared and had been altered or cashed.

Defenses to / legal basis to deny a reasonable accommodation

1) by showing that the request is unreasonable - that is, that it imposes an undue financial or administrative burden or fundamentally alters the nature of a housing program.2) the individual (or the individual's service or emotional support animal) poses a direct threat, 3) showing there is no nexus (link) between the disability and requested alteration/accommodation

Fair Labor Standards Act

A United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week

California Division of Labor Standards Enforcement

A division California Department of Industrial Relations that enforces wage and hour laws

California Department of Industrial Relations (DIR)-

Established in 1927 to improve workplace conditions. DIR administers and enforces laws governing wages and hours and breaks, ect.

Minimum wage in California Generally

Currently $16.50 per hour

Federal Minimum Wage

Currently $7.25 per hour

Minimum wage in California For Fast Food Workers

Currently $20 per hour

California Labor Code Section 203

Provides "waiting time penalties," i.e., up to 30 days of wages paid to an employee who is not given their final wages their final day of employment

California Labor Code Section 226

Provides penalties to employers who do not provide copies of financial records to employees within three weeks after the initial requests, and/or who do not provide mandatory items on paycheck stubs, such as net wages earned and total hours worked.

Wage Order

An order regulated by the California Division of Labor Standards Enforcement that outlines employment requirements relating to minimum wage, overtime, reporting-time pay, meal and rest periods, and more.

Comparative Negligence

When an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident.

Public Accommodation

A private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, amusement parks, private schools, and day care centers.

The California Labor Commissioner

Combats wage theft, protects workers from retaliation, and educates the public

Grok

X's (formerly Twitter) artificial large language model

Cal Labor Code Section 1019

California law that prohibits employers and individuals from taking unfair immigration-related practices against an employee for exercising their rights. Unfair Immigration-related practices include threatening to file a false police report or threatening to contact immigration authorities

Cal. Pen. Code 519

States threatening to report a person's suspected immigration status is sufficient to establish the fear element of extortion

CCP 1001

Part of the California Code of Civil Procedure that prohibits maintaining acts of harassment or discrimination in the workplace from being confidential within a settlement agreement. In other words, these acts cannot be put in a non-disclosure agreement

Brian Klass

Political Scientist who wrote "Fluke: Chance, Chaos, and Why Everything We Do Matters". Theorizes that randomness shapes our lives and small occurrences can have large impacts on our lives.

Allison Wood Brooks

Conversationalist and business professor at Harvard. Argues that less than 9% of negotiations involve open-ended questions

Arias v. Raimondo

9th Circuit case that held that, not only can employers be liable for retaliation by calling Immigration and Customs Enforcement on an employee for exercising their rights under the law, but an employer's attorney can be liable for engaging in such retaliatory conduct as well.

Corporation

An entity having authority under law to act as a single person distinct from the shareholders who own it and having rights to issue stock and exist indefinitely. Provides less protections to owners and shareholders than a limited liability company or limited liability partnership

Piercing the Corporate Veil

The owners of a company could be personally liable and have their own assets in jeopardy, like their vehicles or homes, for actions taken of the company through the alter-ego theory. This happens when court determines that the corporation is merely an extension of the owner; i.e., piercing the corporate veil / the protection of the corporation