leb 320 final exam Save
Terms in this set (285)
1. breached a duty of care toward what things do plaintiffs have to prove (establish to a juries
you (everyone has a legal duty of satisfaction) in order to win a negligence case?
care to someone else at any
time- usual duty of care is to be
reasonable in the circumstances)
2. proximately caused some kind
of injury, financial loss, or
problem (has to do w/
,1. communication and what are the 3 most valued traits of potential employees?
interpersonal skills
2. team skills
3. ethics
1. consent & capacity what are the necessary elements of creation of the agency
2. general power of attorney relationship?
grants the agent broad powers to
act on the principals behalf
3. special power of attorney- act
only in narrow ways
4. durable- assigns a relative as
agent
,1. contract formation what are article 2 key provisions?
(under the FIRM OFFER RULE- if
a merchant signs a written
promise to keep an offer open
for a set amt of time it must honor
that promise even if it hasn't
received any payment for it,
UCC has gap filler provisions so
even if parties forget to include
some things in a contract- such
as when deliveries will be made
or how payment will be made)
they can be determined by a
court)
2. contract enforcement
(article 2 contains a statute of
frauds provision which requires
that sale of goods over $500
must be in writing to be
enforceable)
3. contract interpretation
(if parts of a contract are vague-
UCC directs courts to resolve
disputes by examining-
, 3. usage of trade- what is the
industry standard for contracts of
this
1. corporate espionage things that are misappropriation:
2. breaking and entering
3. computer hacking
4. bribing etc.
1. defendants actions violated a what does a prosecutor in a criminal case have to prove?
criminal statute (almost all
criminal law is statutory, not
common law doctrines)
2. defendant actually committed
the illegal act
3. there was level of intent
(scienter)
1. defendants claim self defense legal justifications for what would otherwise be viewed as
in battery cases wrongful conduct for defendants
2. defendants argue consent to
get out of battery cases if you
consent to do a dangerous
activity
1. defendants version of the facts if they do not choose to dismiss the motion- what 3 things must a
2. denial defendants answer contain
3. affirmative defenses
Terms in this set (285)
1. breached a duty of care toward what things do plaintiffs have to prove (establish to a juries
you (everyone has a legal duty of satisfaction) in order to win a negligence case?
care to someone else at any
time- usual duty of care is to be
reasonable in the circumstances)
2. proximately caused some kind
of injury, financial loss, or
problem (has to do w/
,1. communication and what are the 3 most valued traits of potential employees?
interpersonal skills
2. team skills
3. ethics
1. consent & capacity what are the necessary elements of creation of the agency
2. general power of attorney relationship?
grants the agent broad powers to
act on the principals behalf
3. special power of attorney- act
only in narrow ways
4. durable- assigns a relative as
agent
,1. contract formation what are article 2 key provisions?
(under the FIRM OFFER RULE- if
a merchant signs a written
promise to keep an offer open
for a set amt of time it must honor
that promise even if it hasn't
received any payment for it,
UCC has gap filler provisions so
even if parties forget to include
some things in a contract- such
as when deliveries will be made
or how payment will be made)
they can be determined by a
court)
2. contract enforcement
(article 2 contains a statute of
frauds provision which requires
that sale of goods over $500
must be in writing to be
enforceable)
3. contract interpretation
(if parts of a contract are vague-
UCC directs courts to resolve
disputes by examining-
, 3. usage of trade- what is the
industry standard for contracts of
this
1. corporate espionage things that are misappropriation:
2. breaking and entering
3. computer hacking
4. bribing etc.
1. defendants actions violated a what does a prosecutor in a criminal case have to prove?
criminal statute (almost all
criminal law is statutory, not
common law doctrines)
2. defendant actually committed
the illegal act
3. there was level of intent
(scienter)
1. defendants claim self defense legal justifications for what would otherwise be viewed as
in battery cases wrongful conduct for defendants
2. defendants argue consent to
get out of battery cases if you
consent to do a dangerous
activity
1. defendants version of the facts if they do not choose to dismiss the motion- what 3 things must a
2. denial defendants answer contain
3. affirmative defenses