Civil Law Final

What types of promises are enforcible in court

Must be competent (not intoxicated, over 18), must receive consideration, need to have genuine assent, no fraud

An exaggerated, subjective statement of opinion

Puffing

recorded instrument that creates a lein on a property

mortgage

process of investigating and auditing a potential investment

Due Diligence

Final stage in a business transaction where money and title change hands

Closing

where creditors are barred from collecting debts for a time

automatic stay

Preferential payments (60 days) and fraud (6 years) can be _____ ____ by trustee

clawed back

State where employees are not required to join a Union for Employment.

Right to work states

Agency and the law that govern workplace safety

OSHA

Sexual harassment in the workplace that makes it uncomfortable

Hostile environment

No contract that govern employer and employee relationship

at will employment

the legal defense an employer has when they have a job requirement that intentionally excludes applicants based on a protected class.

Bone Fide Occupational Qualification

States that dont recognize a distinction between seperate and marital property

Kitchen sink states

non negotiable agreement, sticks to you

Adhesion contract

Example of expressed contract

A signed apartment lease (parties state the terms in writing or orally at the time of formation)

Example of quasi contract

Emergency Medical services for an unconscious person (an invisible contract the court applies to stop “unjust enrichment”)

Regular contract example

Routine car service (a legally binding agreement formed by the previous conduct of the parties)

Grounds for eviction from an apartment

nonpayment of rent, violation of lease terms, violations that damage the property or others, illegal activity

rent for a specific period of time

Tendency for years

Rent month to month

Periodic tendency

overstaying lease without permission

Tendency for duffrance

3 remedies available for tenants if landlord breaches the implied warranty of having habitability

repair and deduct, withhold rent, terminate the lease

types of debts not dischargeable in bankruptcy

child support/alimony, student loans, debts from fraud, debt from certain luxury goods, certain tax obligations

After meeting with creditors, trustee liquidates any non-exempt assets.

Chapter 7 bankruptcy

One files a petition and proposes a repayment plan to be approved by the courts which the debtor will make monthly payments to a trustee until the plan is fulfilled.

chapter 13 bankruptcy

Business reorganization: instead of the business operating for profit, the business operates for the creditors in its reorganization phase and considered debtors in possession

Chapter 11 bankruptcy

4 classes of persons that are protected from employment discrimination

race, religion, ethnicity, sex

describe what is separate and marital property

Sperate property is property that belongs to one spouse (property owned before marriage, gifts or inheritances received during marriage, personal injury rewards). Marital property is property shared between spouses (income from employment, purchases made during the marriage, retirement accounts and pensions)

describe how property is divided in as community property and equitable distribution states

community property states: any property acquired during marriage is combined and upon divorce is to be split 50/50. Equitable distribution states: upon divorce, property is divided in a way that is fair (may be 50/50 but often not)

grounds for marriage annulment

impairment at time of marriage, incest, bigamy, and inducive lies