International, Tort, Business Entities & Administrative Law Key Concepts

International Law Sources

Customs, treaties, and international organizations

International Custom

Practices consistently followed by nations out of legal obligation

Treaty

Formal agreement between nations

Bilateral Agreement

Agreement between two countries

Multilateral Agreement

Agreement among multiple countries

Common Law System

Law based on precedent and judicial decisions

Civil Law System

Law based on codified statutes

Islamic Law System

Law based on religious principles (Sharia)

Comity

Respect for another nation's laws and judicial decisions

Act of State Doctrine

Courts won't question acts of foreign governments

Expropriation

Government takes private property with compensation

Confiscation

Government takes property without compensation

Sovereign Immunity

Governments are immune from lawsuits (with exceptions)

Direct Exporting

Selling directly to foreign buyers

Indirect Exporting

Selling through intermediaries

Agent

Represents seller without taking ownership

Distributor

Buys goods and resells them

Licensing

Allowing another firm to use IP for a fee

Franchising

Licensing business model and brand

Joint Venture

Shared ownership between firms

Wholly Owned Subsidiary

Fully owned foreign company

Export Controls

Restrictions on goods leaving a country

Import Controls

Restrictions on goods entering a country

Tariff

Tax on imports

Quota

Limit on quantity of imports

Dumping

Selling goods below cost to gain market share

Choice of Law Clause

Specifies applicable law

Choice of Forum Clause

Specifies where disputes are resolved

Choice of Language Clause

Specifies contract language

Tort

Civil wrong causing harm

Compensatory Damages

Cover actual losses

Special Damages

Quantifiable losses (medical bills, etc.)

General Damages

Non-economic harm (pain, suffering)

Punitive Damages

Punish and deter wrongdoing

Assault

Threat of immediate harm

Battery

Harmful or offensive physical contact

Transferred Intent

Intent transfers between victims/torts

Consent

Permission as defense

Self-Defense

Protecting oneself from harm

Defense of Others

Protecting another person

Defense of Property

Protecting property (limited force)

False Imprisonment

Unlawful restraint of movement

IIED

Extreme conduct causing emotional distress

Defamation

False statement harming reputation

Fact vs Opinion

Only false facts are defamatory

Publication

Statement must be communicated to a third party

Libel

Written defamation

Slander

Spoken defamation

Slander Per Se

No need to prove damages

Public Figure Standard

Must prove actual malice

Negligence

Failure to exercise reasonable care

Duty

Legal obligation to act reasonably

Breach

Violation of duty

Causation

Link between act and injury

Damages

Actual harm suffered

Reasonable Person Standard

Objective standard of care

Proximate Cause

Foreseeable result of actions

Assumption of Risk

Plaintiff knowingly accepted risk

Comparative Negligence

Fault divided proportionally

Contributory Negligence

Any fault bars recovery

Sole Proprietorship

Owned by one person, no legal separation

Advantage

Easy to form, full control

Disadvantage

Unlimited liability

Partnership

Two or more owners share profits/losses

UPA

Governs partnerships

Partnership at Will

No fixed duration

Partnership for Term

Exists for specific period

Fiduciary Duty

Duty of loyalty and care

Apparent Authority

Authority perceived by third parties

Joint and Several Liability

Each partner fully liable

Dissociation

Partner leaves partnership

Dissolution

Partnership ends

LLC

Hybrid entity with limited liability

Members

Owners of LLC

Articles of Organization

Formation document

Operating Agreement

Governs LLC operations

Alter Ego Doctrine

Piercing LLC protection

LLP

Partnership with limited liability for partners

Corporation

Separate legal entity owned by shareholders

Administrative Agency

Government body enforcing laws

Enabling Legislation

Law creating agency

Executive Agency

Controlled by president

Independent Agency

Operates independently

Legislative Power

Make rules

Executive Power

Enforce rules

Judicial Power

Decide disputes

Administrative Procedure Act

Governs agency actions

Notice and Comment Rulemaking

Public input on rules

Arbitrary and Capricious Test

Courts review agency decisions

Subpoena

Order to produce evidence

Search Warrant

Authorization to search

Administrative Law Judge

Presides over hearings

Exhaustion Doctrine

Must use agency remedies first

Freedom of Information Act

Access to government info

Sunshine Act

Open government meetings

Regulatory Flexibility Act

Reduces burden on small businesses

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