Blaw 301 - Study guides, Class notes & Summaries

The purpose of tort law, generally, is to provide remedies for the invasion of various protected interests, such as: A. physical security and freedom of movement. B. destruction of property. C. damage to property. D. all of these choices. - ️️D. all of these choices. (The purpose of tort law is to provide remedies for the violation of various protected interests. Society recognizes an interest in personal physical safety.) Tort law provides legal remedies for property damage. A. Tru...

How do judges determine what is the meaning of law (for common law)? - ️️by following prior case law What is common law? - ️️Judges determine the meaning of laws and how those laws should apply What is the Rule of Law? - ️️Laws are equally applicable to everyone What is civil law? - ️️Concerned with harms caused by private injury where a plaintiff requests damages to make them whole What are public laws? - ️️matters that involve the regulation of society What are the ...

Retainer - ️️an amount of money a lawyer will request before starting work. The retainer is held in trust for the client. As the lawyer does work for the client they will take the money that would be billed to the client from the retainer stash and at the end of the case the remaining money is returned to the client. The need for a lawyer when starting a business - ️️Type of business, Buying a business, understanding and complying with laws about business, physical location (buying...

Trade secret audit (reasonable efforts to keep secret) - ️️identifies all the valuable forms of information possessed by the business Once secret information is identified, the company must take reasonable measures to keep the information secret: - Locking away - Securing electronic info - Imposing confidentiality restrictions on those who have access to secret information Intellectual property - ️️- Intangible - Information - Laws protect ownership of information Knowledge and...

Intangible Property - ️️(personal) not physical. Intellectual property, securities. May only include right to include, right to exclude. i.e.. Patents, copyrights, trademarks. . lost items - ️️in order to be claimed must follow a statutory procedure. VS mislaid (items go to the person who own the premise. Real Property - ️️law applies to land and interests in land. (all other resources are protected by personal property law) Personal Property - ️️applies to moveable resour...

A major violation of the legal process, but still hold yourself as a corporation. Shareholders are not liable. - ️️Corporation by Estopel ____________________ fired their president and the state government in New Hampshire came in a took over the school. The issue went to the Supreme Court and the court ruled that ___________________ was a corporation because it was created by a charter. - ️️Dartmouth College ____________ are creatures of state law - not formed at the federal level...

Both state and federal courts can hear case - plaintiff can file in state or federal court if federal jurisdiction applies - ️️Concurrent jurrisdiction Rules enforced by the state (based on ethics) - ️️Law Broader set of values (not enforced by the state) - ️️Ethics Two private parties (businesses or people) - ️️Civil Law Person or business vs government - ️️Criminal Case Law that defines, describes, regulates, and creates how we act to each other and the government - ...

BLAW 301 Final Exam Study Guide Solutions There are no legally recognized defenses in a tort lawsuit. A. True B. False - ANSWER-B. False (There are several defenses that could apply in a tort case, such as consent, comparative negligence, or the statute of limitations.) Tort law provides legal remedies for property damage. A. True B. False - ANSWER-A. True (Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act.) ©EMILLECT...

blaw 301 exam 3 Study Guide Solutions A trade secret is - ANSWER-information that - A company wants to keep secret - Is not generally known to others - Is not readily ascertainable by others The owner of the info must make reasonable efforts to keep the info a secret If you can figure it out on your own, it's not a trade secret - can't be protected Intellectual property - ANSWER-- Intangible - Information - Laws protect ownership of information Knowledge and information something...