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MIE 305 SUMMER FINAL EXAM STUDY GUIDE CH 1-4 AND 7-12 QUESTIONS WITH 100% CORRECT ANSWERS..

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MIE 305 SUMMER FINAL EXAM STUDY GUIDE CH 1-4 AND 7-12 QUESTIONS WITH 100% CORRECT ANSWERS

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Harvey v Facey


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Statement of price or request for information is not an offer




Do legal systems have to be written?


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No, they can be oral




Judicial Federalism

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The idea that the courts determine the boundaries of state-federal relations




long arm jurisdiction


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The personal jurisdiction that a state acquires over a nonresident defendant
because of his or her purposeful contact with the state.




Rule 10 of the supreme court


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Review on a writ of certiorari is not a matter of right, but
of judicial discretion. A petition for a writ of certiorari will
be granted only for compelling reasons. such as a disagreement between
courts of appeals, a disagreement between state courts or a piece of
federal law not settled.




limited vs general jurisdiction courts


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, limited jurisdiction= they are either geographically limited or subject matter
limited in terms of hearing a case (small claims, probate, etc).General
Jurisdiction= within a geographical area, they can hear just about anything.




MGM v. Grokster


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ruled that the act of distributing and promoting a product/software with the
clear intent of fostering copyright infringement is liable for the resulting
acts of infringement by others




Byrne v. Boadle


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If injury of a type that does not typically occur without negligence does
occur, negligence is presumed from the mere fact of the occurrence.




Executed vs. Executory Contract


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Executed: fully performed
Executory: performance yet to be completed

, Key elements of a contract


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- Offer **
- Acceptance **
- Consideration **
- Contractual (mental) capacity
- Legality
- Genuine Consent




class action lawsuits


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Lawsuits permitting a small number of people to sue on behalf of all other
people similarly situated.




res judicata


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"The thing has been decided." A claim cannot be retried between the same
parties if it has already been legally resolved.




Default judgement


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