BLAW 2301

FRCP (7)a says - Answer what documents may be plead what is the first step in pleading? - Answer a compliant. How could you fail Rule 8 (a) - Answer filing a complaint that has bad drafting, or there is a situation where you fail to state a claim that the law has no remedy, or you state as facts what are actually elements that need to be proven. Rule 10(b)(5) says - Answer try to contain 1 allegation to 1 paragraph Why did Haddle get denied in trial court? - A...

which of the following statements about the form of a general partnership agreement is true? - Answer it must be in writing if the partnership is to last for longer than 1 year. B approached L and proposed they form a partnership to exploit a profitable idea of B's. L declined, citing the risk of unlimited liability. B then proposed that L lend B $50,000 and that B go into the business as a sole proprietor. L would receive half the profits and the right to veto any of B's decision...

Agency Law - Answer a relationship in which an agent agrees to perform a task for, and under the control of, the principal. Two parties. Requirements: 1. Consent 2. Agent acts under direction 3. Fiduciary relationship - Does not have to be a written agreement - Does not have to be a formal agreement - No compensation is needed. Duties of Agent to Principal - Answer Duty of loyalty, the agent must act for the benefit of the principal. (key is disclosure.) - May not rece...

Chapter 01 - Answer Chapter 01 Law - Answer Collection of rules that govern societies relations; they reflect values and beliefs which are enforceable Liability - Answer Responsibility for a debt/obligation Primary VS Secondary Law - Answer Primary: Establishes law and it's creation Secondary: Source that summarizes/analyzes law Four Sources of (Primary) American Law - Answer 1. Constitution 2. Statutory 3. Administrative 4. Case/Common Doctrine...

International Shoe Co. v. State of Washington - Answer Facts: The state of Washington is trying to enforce several statutes requiring International Shoe Co. to pay unemployment tax for employees within the State. International Shoe contests that the court does not have jurisdiction over them and therefore they do not need to pay. 1. International Shoe has no office in Washington and makes no contracts either for sale or purchase of merchandise there. 2. It has no stock of products th...

what is a contract - Answer s legally enforceable agreement -did the defendant promise to do something? -is it fair to make her honor her word? -are there unusual reasons to hold her liable? 7 key characteristics that must be present to make a contract enforceable - Answer -offer -acceptance -consideration -legality -capacity consent -writing (for some) noncompetition agreement - Answer contract in which one party agrees not to compete with another (Davis v Mason...

principal - Answer in an agency relationship, the person for whom an agent is acting agent - Answer in an agency relationship, the person who is acting on behalf of a principal equal dignities rule - Answer if an agent is empowered to enter into a contract that must be in writing, then the appointment of the agent must also be written gratuitous agent - Answer someone not paid for gratuitous duties duty of care - Answer an agent has a duty to act with re...

Why do we have contracts - Answer so we can trust people we don't know What is a contract - Answer A contract is a legally enforceable agreement/ promise or set of promises that the law is willing to enforce Elements of a contract - Answer offer acceptance consideration legality capacity consent writing Consideration - Answer proof you intended to form a contract Legality - Answer contract has to have a legal purpose Capacity - Answer of soun...

What is a Law? - Answer The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Is Everything in Law Black and White? - Answer Nope. There is tension in the law, there is always the need for stability and/or change, and that is why there is a reason for the existence of judiciary entities. What is the role of the US Constitution? - Answer It establishes Congres...

What is a Law? - Answer The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Is Everything in Law Black and White? - Answer Nope. There is tension in the law, there is always the need for stability and/or change, and that is why there is a reason for the existence of judiciary entities. What is the role of the US Constitution? - Answer It establishes Congres...