legal envi

What is the difference between law and ethics?

Law = formal, written, enforceable rules interpreted by courts; Ethics = unwritten principles, personal choice, limited enforcement.

What are the six main sources of law in the U.S.?

Constitution, Legislation/Treaties, Administrative Agencies, Executive Orders, Courts/Cases, Private Agreements.

What is IRAC in legal reasoning?

Issue, Rule, Application, Conclusion

What are the three categories of torts?

Intentional, Negligence, Strict Liability.

What is conversion in tort law?

Civil liability for theft; unauthorized control over another’s property.

What damages can be awarded for torts to persons?

Pecuniary losses, pain/distress, dignitary harm, emotional distress.

What are the five elements of negligence?

Duty, Breach, Cause in Fact, Proximate Cause, Damages.

What is the “reasonable person” standard?

Hypothetical cautious individual used to judge negligence objectively.

What is proximate cause?

Foreseeability of harm; whether consequences are too remote to impose liability.

What two bases can premises liability claims rest on?

Condition of premises and actions of others on premises.

What role does foreseeability play in premises liability?

Determines whether harm was predictable enough to impose liability

What are the three classifications of crimes?

Felonies, Misdemeanors, Petty Offenses

What two elements are required to convict someone of a crime?

Actus Reus (prohibited act) and Mens Rea (guilty mind/intent).

What is the Responsible Corporate Officer Doctrine?

Corporate executives can be held liable even if unaware of violations.

Name three constitutional protections in criminal procedure.

4th Amendment (search/seizure), 5th Amendment (due process, self-incrimination), 6th Amendment (trial rights), 8th Amendment (no cruel/unusual punishment).

What powers do administrative agencies exercise?

Rulemaking, enforcement, adjudication.

What is the Chevron Doctrine?

Courts defer to agency interpretations if statute ambiguous and interpretation reasonable.

What is the Major Questions Doctrine?

Agencies need explicit congressional authorization for actions of major economic/political significance.

What is fraud in business law?

Intentional misrepresentation of fact, known falsehood, reliance, detriment.

What is insider trading?

Trading securities using confidential information for advantage.

What lesson did the Enron scandal highlight?

Boards must act as business boards, not social clubs; oversight is critical.

What is the Dormant Commerce Clause?

Principle that state/local laws cannot unduly burden interstate commerce.

What are the exceptions to employment at will?

Contract theory, tort theory, public policy, constitutional protections.

What are the four types of prohibited conduct under Title VII?

Disparate treatment, harassment, retaliation, disparate impact.

What is the EEOC’s 80% rule for disparate impact?

Protected class selection rate must be ≥80% of highest group’s rate.

What is a BFOQ defense?

Bona Fide Occupational Qualification; discrimination allowed if necessary for business operation.

What liability do general partners have in a partnership?

Unlimited personal liability for debts/obligations.

What is “piercing the corporate veil”?

Courts disregard corporate form and impose personal liability on shareholders.

What are the benefits of an LLC compared to a corporation?

Liability protection, taxed like partnership, flexible management, no limit on members.

What is a close corporation?

Corporation with few shareholders, often directors/officers, limited stock market, higher veil-piercing risk.

What are the four main dispute resolution methods in business?

Negotiation, Mediation, Arbitration, Trial.

What are the requirements for federal subject matter jurisdiction?

Federal question, diversity of citizenship, or U.S. as a party.

What is respondeat superior?

Employer liability for employee’s actions within scope of employment.

What is negligent hiring?

Employer liability for failing to properly screen employees who cause harm