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MGMT |! 271 |! MIDTERM |! DOUCET |!
EXAM |! WITH |! CORRECT |! DETAIELD |!
ANSWERS
Doctrine |! of |! legislative |! supremacy |! - |! Correct |! answer |! ✔if |! there |! is |! a |! conflict |! between |! statutory |! law |! and |! common |! law, |! the |! statutory |! law |! prevails Constitution |! - |! Correct |! answer |! ✔Is |! the |! supreme |! law |! of |! the |! land, |! any |! law repugnant |! to |! the |! Constitution |! is |! void Commerce |! Clause |! - |! Correct |! answer |! ✔The |! clause |! in |! the |! Constitution |! (Article |! I, |! Section |! 8, |! Clause |! 1) |! that |! gives |! Congress |! the |! power |! to |! regulate |! all |! business |! activities |! that |! cross |! state |! lines |! or |! affect |! more |! than |! one |! state |! or |! other |! nations. Federal |! Preemption |! - |! Correct |! answer |! ✔When |! the |! federal |! government |! regulates |! an |! entire |! area |! of |! law |! it |! excludes, |! "preempts", |! state |! regulation Police |! powers |! - |! Correct |! answer |! ✔state |! power |! to |! effect |! laws |! promoting |! health, |! safety, |! and |! morals First |! Amendment |! - |! Correct |! answer |! ✔ 5 |! freedoms: |! speech, |! press, |! religion, |! assembly, |! petition
Fourth |! Amendment |! - |! Correct |! answer |! ✔Protects |! against |! unreasonable |! search |! and |! seizure Warrentless |! Searches |! - |! Correct |! answer |! ✔certain |! administrative |! searches |! for |! highly |! regulated activities Exclusionary |! rule |! - |! Correct |! answer |! ✔a |! law |! that |! prohibits |! the |! use |! of |! illegally |! obtained |! evidence |! in |! a |! criminal |! trial. Fifth |! Amendment |! - |! Correct |! answer |! ✔A |! constitutional |! amendment |! designed |! to |! protect |! the |! rights |! of |! persons |! accused |! of |! crimes, |! including |! protection |! against |! double |! jeopardy, |! self-incrimination, |! and |! punishment |! without |! due |! process |! of |! law. 14th |! Amendment |! - |! Correct |! answer |! ✔Declares |! that |! all |! persons |! born |! in |! the |! U.S. |! are |! citizens |! and |! are |! guaranteed |! equal |! protection |! of |! the |! laws Precedent |! - |! Correct |! answer |! ✔courts |! applying |! previous |! authoritative |! court |! decisions Doctrine |! of |! Stare |! Decisis |! - |! Correct |! answer |! ✔means |! to |! stand |! by |! what |! has |! been |! decided. |! It |! means |! to |! follow |! precedent
Complaint |! - |! Correct |! answer |! ✔Written |! document |! filed |! with |! the |! court |! that |! begins the |! lawsuit. Summons |! - |! Correct |! answer |! ✔Written |! document |! filed |! along |! with |! the |! complaint that |! notifies |! the |! defendant |! that |! a |! lawsuit |! has |! been |! started |! against |! them, |! how |! to |! respond |! to |! the |! lawsuit, |! and |! consequences |! of |! not |! responding |! (default |! judgment). Interrogatories |! - |! Correct |! answer |! ✔Written |! questions |! requiring |! a |! written |! response sent |! to |! one |! party |! from |! another. Depositions |! - |! Correct |! answer |! ✔An |! oral |! examination |! by |! one |! party |! of |! the |! other |! party |! or |! witness |! under |! oath |! and |! before |! a |! court |! reporter |! who transcribes |! the |! deposition. Request |! for |! Production |! of |! Documents |! - |! Correct |! answer |! ✔Request |! for |! documents |! in |! possession |! of |! another party Request |! to |! Submit |! to |! Mental |! or |! Physical |! Examination |! - |! Correct |! answer |! ✔Court |! ordered |! examination |! when |! mental |! or |! physical |! condition |! is |! an |! issue
Judgment |! Notwithstanding |! the |! Verdict |! - |! Correct |! answer |! ✔Judge |! finds |! that |! as |! a |! matter |! of |! law |! no |! reasonable |! person |! could |! have |! reached |! the |! decision |! the |! jury |! did. Motion |! for |! a |! New |! Trial |! - |! Correct |! answer |! ✔May |! be |! granted |! if |! newly |! discovered |! evidence, |! procedural |! irregularities, |! jury |! misconduct, |! or |! justice |! requires. Responsible |! corporate |! officer |! doctrine |! - |! Correct |! answer |! ✔There |! must |! be |! evidence |! that |! the |! defendant |! by |! virtue |! of |! their |! position |! in |! the |! corporation |! had |! the |! responsibility |! and |! authority |! to |! prevent |! a |! corporate |! violation |! of |! law, |! or |! to |! promptly |! correct |! a |! violation Torts |! - |! Correct |! answer |! ✔occur |! when |! one |! party |! causes |! damages |! or |! injury |! to |! another, |! or |! their |! property Intentional |! torts |! (IT) |! - |! Correct |! answer |! ✔occur |! when |! someone |! takes |! purposeful |! action that |! they |! knew |! or |! should |! have |! known |! would |! cause |! harm |! to |! the |! person, |! property |! or |! economic |! interests |! of |! another. two |! elements |! that |! must |! be |! proven:
- |! Intention |! to |! cause |! the |! injury
- |! Act |! of |! causing |! the |! injury
Conversion |! (IT) |! - |! Correct |! answer |! ✔taking |! or |! using |! someone |! else's |! personal |! property without |! their |! consent. Fraud |! (IT) |! - |! Correct |! answer |! ✔intentional |! perversion |! of |! truth |! in |! order |! to |! induce |! another |! to |! part |! with |! something |! of |! value |! or |! to |! surrender |! a |! legal |! right. defamation |! (IT) |! - |! Correct |! answer |! ✔the |! intentional |! publication |! (to |! third |! parties) |! of |! false statements |! that |! cause |! harm |! to |! the |! reputation |! of |! the |! plaintiff. Disparagement |! (IT) |! - |! Correct |! answer |! ✔making |! false |! statements |! of |! a |! material |! fact, defaming |! a |! business |! product |! or |! service, |! publication, |! harm |! to |! business |! reputation, |! and |! economic |! loss. Consent |! (IT |! Defense) |! - |! Correct |! answer |! ✔may |! be |! express |! or |! implied |! (ex: |! Persons |! engaging |! in |! contact |! sports |! consents |! to |! what |! might otherwise |! be |! considered |! battery) privilege |! (IT |! Defense) |! - |! Correct |! answer |! ✔based |! on |! the |! nature |! of |! the |! relationship |! (ex: |! police |! officer |! using |! reasonable |! force |! to |! make |! a |! lawful |! arrest)
Self |! Defense |! (IT |! Defense) |! - |! Correct |! answer |! ✔a |! person |! reasonably |! believes |! they |! are |! in |! danger, they |! may |! take |! reasonable |! steps |! to |! defend |! themselves. Negligence |! - |! Correct |! answer |! ✔a |! failure |! to |! exercise |! reasonable |! care |! that |! causes injury |! to |! another Negligence: |! Duty |! of |! Care |! - |! Correct |! answer |! ✔All |! persons |! owe |! a |! duty |! of |! care |! to |! anyone |! who |! might |! be |! foreseeably |! injured |! by |! their |! unsafe |! conduct Negligence: |! Unreasonable |! breach |! of |! duty |! - |! Correct |! answer |! ✔If |! the |! defendant |! owed |! the |! plaintiff |! a |! duty |! of |! care, then |! it |! must |! be |! determined |! whether |! the |! defendant unreasonably |! breached |! the |! duty |! of |! care. Negligence: |! The |! breach |! of |! duty |! was |! a |! proximate cause |! of |! plaintiff's |! injury |! - |! Correct |! answer |! ✔Proximate |! cause: |! When |! the |! breach |! of |! a |! duty |! was |! the |! direct |! and |! immediate |! cause |! of |! the |! plaintiff's |! injury. Intervening |! events |! - |! Correct |! answer |! ✔a |! defendant |! is |! not |! liable |! for |! damages |! caused |! after |! an |! unforeseeable |! intervention |! in |! the |! chain |! of |! events
Special |! Damages |! (in |! Tort) |! - |! Correct |! answer |! ✔are |! for |! specific |! objectively |! provable |! losses, such |! as |! loss |! of |! income, |! and |! costs, |! repair |! bills, |! medical |! bills, |! etc General |! damages |! (in |! Tort) |! - |! Correct |! answer |! ✔are |! for |! subjective |! losses |! with |! the |! dollar |! amount to |! be |! decided |! by |! a |! judge |! or |! jury, |! such |! as |! pain |! and |! suffering, |! loss |! of |! companionship. |! There |! is |! no |! exact |! dollar |! amount |! that |! can |! be |! calculated Punitive |! damages |! (in |! Tort) |! - |! Correct |! answer |! ✔are |! awarded |! to |! punish |! the |! defendant, |! and deter |! others, |! for |! intentional |! torts, |! or |! for |! malicious |! or |! willful |! misconduct. |! Punitive |! damages |! are |! not |! generally |! available |! in |! Washington, |! unless |! authorized |! by |! statute. Contract |! - |! Correct |! answer |! ✔a |! legally |! enforceable |! exchange |! of |! promises, mutually |! binding |! when |! consensually |! made |! between |! competent |! parties. Express |! Contract |! - |! Correct |! answer |! ✔Parties |! intend |! to |! contract |! and |! understand |! they |! are |! entering |! into |! a |! contractual |! relationship. |! Can |! be |! written |! or |! oral Implied |! Contract |! - |! Correct |! answer |! ✔When |! there |! is |! NO |! express |! contract, |! but |! the |! nature |! of |! the |! transactional |! relationship |! meets |! the |! elements |! of |! a |! contract. |! A |! contract |! is |! inferred |! from |! the |! parties' |! actions.
Quasi |! Contract |! (aka |! Apparent) |! - |! Correct |! answer |! ✔Parties |! have |! no |! contractual |! relationship |! at |! all, |! but the |! court |! imposes |! one |! in |! order |! to |! avoid |! an unjust |! enrichment Requirements |! of |! a |! valid |! contract: |! - |! Correct |! answer |! ✔1.Offer 2.Acceptance 3.Consideration 4.Capacity 5.Consent 6.Legality Offer |! - |! Correct |! answer |! ✔(a) |! An |! offer |! is |! a |! promise |! to |! perform |! or |! refrain |! from |! performing |! some |! future |! act. (b) |! Requirements |! to |! be |! an |! offer:
- |! Must |! be |! reasonably |! specific
- |! Must |! be |! seriously |! intended
- |! Communicated |! to |! the |! offeree (c) |! Termination: |! Offer |! must |! be |! accepted |! before |! it |! terminates:
- |! By |! its |! own |! terms.
- |! Lapse |! of |! a |! reasonable |! time.
(a)minors |! or |! infants (b)lacks |! mental |! capacity (c)intoxicated |! persons Consent |! - |! Correct |! answer |! ✔Consent |! requires |! the |! parties |! have |! a "meeting |! of |! the |! minds" |! and |! have |! knowingly |! and |! willing |! agreed |! to |! the |! contract |! terms. |! Lack |! of |! consent |! can |! occur |! when: (a) |! mistake i. |! Unilateral |! mistakes ii. |! Mutual |! mistakes (b) |! duress (c) |! undue |! influence (d)misrepresentation Legality |! - |! Correct |! answer |! ✔Contracts |! must |! be |! for |! legal |! purposes. ILLEGAL |! CONTRACTS |! ARE |! UNENFORCEABLE |!
Courts |! will |! not |! enforce |! illegal |! contracts |! and |! will |! leave |! the |! parties |! were |! they |! are |! found. Statute |! of |! Frauds |! - |! Correct |! answer |! ✔requires |! certain |! contracts |! to |! be |! in |! writing |! to |! prevent |! one |! party |! from |! imposing |! on |! another |! a |! contract |! that |! never |! existed. |! Contracts |! required |! to |! be |! in |! writing: i) |! sale |! of |! land ii) |! one |! person |! agrees |! to |! pay |! the |! debt |! of |! another iii) |! contracts |! that |! cannot |! be |! completed |! within |! one |! year iv) |! contracts |! for |! sale |! of |! goods |! for |! $500 |! or |! more parole |! evidence |! rule |! - |! Correct |! answer |! ✔Extrinsic |! evidence |! may |! not |! be |! used |! to |! add |! or |! very |! a |! written |! contract. |! Only |! the |! language |! within |! the |! "four |! corners" |! of |! the |! written |! contract |! will |! be |! interpreted. Defenses |! to |! Non-Performance |! - |! Correct |! answer |! ✔a) |! no |! valid |! contract |! exists (b) |! breach |! by |! other |! side: |! a |! breach |! by |! one |! side |! relieves |! the |! other |! from |! the |! obligation |! to |! perform
they |! are |! foreseeable. Legal |! remedies: |! damages |! - |! Correct |! answer |! ✔(1)compensatory: direct |! loss |! from |! contract |! breach (2)consequential: indirect |! foreseeable |! consequences (3)liquidated: damages |! agreed |! to |! in |! the |! contract |! in |! the event |! of |! a |! specific |! breach Equitable |! Remedies |! - |! Correct |! answer |! ✔(1) |! specific |! performance: a |! remedy |! limited |! to |! relief |! for |! breach |! of |! contract |! for |! the |! sale |! of |! a |! unique |! item. (2) |! injunction: Court |! order |! to |! stop |! doing |! that |! which |! is |! a breach |! of |! contract. Liquidated |! Damages |! - |! Correct |! answer |! ✔Damages |! agreed |! to |! in |! the |! contract |! to |! be |! paid |! by |! the |! breaching |! party |! in |! the |! event |! of |! a |! specified |! contract breach.
