Enter Title

Unit 1

100

Constitutional provision that gives the federal government power to regulate interstate commerce.

Commerce Clause

200

The process of empaneling (seating) a jury by asking them questions.  It means "to speak the truth."

Voir dire

300

Congress governs in an entire area leaving no room for states to pass laws.  It is one form of preemption.

Implied field preemption

400

Three part test for eminent domain.

1)  A taking

2)  Public use (purpose)

3)  Just compensation

500

Three things required for a court to hear a case.

1) Subject matter jurisdiction

2) Personal jurisdiction

3) Plaintiff has standing

Unit 2

100

Ethical framework that looks at pros and cons of actions before deciding.

Consequentialism

200

Unusual losses that are foreseeable which result from a contract breach.

Consequential damages

300

The four pillars of principled negotiations.

1)  Separate people from the problems

2)  Focus on interests and not positions

3)  Generate options

4)  Use objective criteria

400

Two types of implied contracts.

1)  Implied in fact

2)  Implied in law (quasi-contract)

500

Lack of mutual understanding can occur in a lot of different scenarios.  Four specific types of cases where this may happen.

1)  Fraud

2)  Duress

3)  Undue Influence

4)  Mistake

Unit 3

100

Elements of a criminal conspiracy.

1)  Agreement between two or more people to commit a crime

2)  An overt act

200

Two types of "fee simple" ownership of real property.

1)  Fee simple absolute

2)  Fee simple defeasible

300

The right to use another's property in a certain way that can be acquired by using it openly, in a non-permitted way, for a certain period of time set out by state law.

Easement by prescription

400

Requirements for a utility patent.

1)  Patentable subject matter

2)  Novelty

3)  Non-obvious

4)  Useful

500

Copyrights protect (standard)

Original works of authorship fixed in a tangible medium

Unit 4

100

Document provided to potential investors detailing the company's business, past financial performance, type/amount of securities being offered, management, risks, etc.

Prospectus

200

Officers and directors owe this type of duty to the company.  That is to say, they must do what is the best interest of the organization.

Fiduciary duty

300

Minority shareholders can bring these types of lawsuits on behalf of the corporation.

Derivative lawsuits

400

A defense to a Disparate Treatment employment discrimination claim.

BFOQ

500

Whether a company is liable for the acts of their employees depends on this.

Whether the employee was within their scope of employment or engaged in a frolic and detour