FINAL EXAM wordlist ACC205- Yordy

50% rule (negligence)

In some states, a plaintiff cannot recover damages if they are 50% or more at fault.

Acceptance

A voluntary act by the offeree that shows agreement to the offer's terms.

Act of State

A doctrine preventing U.S. courts from questioning actions taken by foreign governments within their own territory.

ADA

The Americans with Disabilities Act; prohibits discrimination based on disability.

Adequacy of consideration

Courts generally do not evaluate whether consideration is fair, only whether it exists.

Affirmative action

Policies that give preference to historically underrepresented groups.

Age discrimination

Treating an employee less favorably because of age (protected 40+)

Agent

Someone who acts on behalf of a principal.

Answer

The defendant's formal response to a complaint

Anticipatory repudiation

A party indicates before performance is due that they will not perform.

Anti-dumping

Laws preventing foreign producers from selling goods in the U.S. below fair value.

Apparent agency

When the principal's actions cause a third party to reasonably believe an agency exists.

Appropriation

Using another's name or likeness for commercial purposes without consent.

Arbitrary and capricious

A standard that invalidates agency actions lacking a rational basis.

Arbitrary mark

A mark that uses common words in an uncommon way (e.g., Apple for computers)

Arbitration

A form of alternative dispute resolution where an arbitrator decides the case.

Assumption of risk

Defense is claiming that the plaintiff knowingly exposed themselves to danger.

Beyond a reasonable doubt

The criminal standard of proof

Bona fide occupational qualification (BFOQ)

A legitimate job requirement that allows discrimination.

Bond (securities law)

A debt security issued by corporations or governments.

Bribery

Offering something of value to influence a public official.

Business judgment rule

Protects directors who act in good faith with reasonable care.

Business necessity

A defense that a discriminatory practice is required for safe or efficient operation.

Capacity

Legal competence to enter a contract.

Categorical imperative

Kant's ethics: act only according to rules you want universalized.

Causation in fact

"But for" test showing defendant's act caused the harm.

Certification mark

Mark used to certify region, quality, or material

Certiorari

Order by Supreme Court to review a lower court decision.

Checks and balances

System dividing powers among branches of government.

Choice of law clause

Contract term selecting which state's law applies.

Close corporation

A corporation with few shareholders and no public trading.

COBRA

Requires employers to offer temporary continuation of health insurance

Collective mark

Mark used by members of a group or association.

Comity

Recognition of foreign laws out of respect and mutual convenience.

Commerce clause

Gives Congress power to regulate interstate commerce.

Comparative negligence

Fault is divided proportionally between parties.

Compensatory damages

Money awarded to compensate actual losses

Complaint

The plaintiff's initial pleading that starts a lawsuit.

Condemnation

Government taking property for public use (eminent domain).

Confiscation

Government taking property without payment

Consequential damages

Foreseeable damages resulting from breach beyond the contract itself.

Consideration

Something of value exchanged in a contract.

Contract

A legally enforceable agreement.

Contributory negligence

If plaintiff is even 1% at fault, they recover nothing (in some states)

Conversion

Wrongfully taking or controlling another's personal property

Copyright

Rights protecting creative works.

Copyright registration

Filing with a federal office is required for infringement suits

Corporate social responsibility

Companies' duty to act ethically beyond profits

Corporation

A separate legal entity owned by shareholders.

Course and scope of employment

Range of activities an employee is hired to perform.

COVER model

Ethical decision model: Codes, Outcomes, Values, Editorial, Rules.

Cross-examination

Questioning of a witness by the opposing party

Cumulative voting

Voting system giving minority shareholders more influence

Damages

Monetary compensation for harm

Defamation

False statement harming someone's reputation.

Default judgment

Court decision when defendant fails to respond.

Delegation doctrine

Congress can delegate rulemaking authority to administrative agencies.

Deposition

Out-of-court sworn testimony

Direct examination

Initial questioning of a witness by the calling party.

Direct exporting

Selling products directly to foreign buyers.

Disability

Physical or mental impairment substantially limiting major life activities.

Disclosed principal

Third party knows the agent is acting for a known principal

Disparagement of property

False statements about a business or product

Disparate impact

Neutral policy with discriminatory effect.

Disparate treatment

Intentional discrimination.

Disaffirmance

Minor voiding a contract

Diversity jurisdiction

Federal jurisdiction over cases between citizens of different states + $75k.

Dormant commerce clause

States cannot unduly burden interstate commerce.

Due process

Fair procedures and protections under law.

Duress

A contract entered under threat or force is voidable.

Duty of accounting

Agent must keep records for principal.

Duty of care

Duty to act reasonably

Duty of communication

Agent must inform the principal of relevant info.

Duty of compensation

Principal must pay agent.

Duty of cooperation

Principal must assist the agent in their work.

Duty of loyalty

Agent must act in principal's best interest

Duty of reimbursement

Principal must repay expenses.

EEOC

Enforces federal employment discrimination laws.

Embezzlement

Theft by someone in lawful possession of property

Employee

Worker under employer control

Employee privacy

Limited rights to privacy on workplace property.

Employer liability for negligence

Employers liable for employees' negligence within scope.

Employer liability for sexual harassment

Employers liable if they knew or should've known.

Employer liability for torts

Employers responsible for employee torts in scope (respondeat superior).

Employment at will

Either party may terminate at any time for any legal reason.

Employment discrimination

Unequal treatment based on protected class.

Enabling legislation

Law that creates an administrative agency.

Environmental impact statement

Report on environmental effects of major federal actions.

Equal dignity rule

Agency agreements requiring writing must have written authority.

Equal protection clause

Government must treat similar persons similarly

Establishment clause

Government cannot establish a religion

Exceptions to employment at will

Public policy, implied contract, whistleblower protections.

Exempt vs non-exempt

FLSA categories determining overtime eligibility.Exhaustion doctrine

Exhaustion doctrine

Must exhaust admin remedies before suing

Expectation of privacy

Reasonable belief of privacy protected by law

Express authority

Explicit authority given to agent.

Express contract

Terms clearly stated orally or in writing.

Expropriation

Government taking foreign-owned property with compensation.

Fair use

Limited use of copyrighted material without permission.

False imprisonment

Intentional confinement without justification.