Define the legal term Anticipatory Repudiation.

Define the legal term Anticipatory Repudiation.

“From the legal perspective, it refers to the indication by an individual that he/she is not going to honor the agreement under the contract. It is also regarded as an anticipatory breach.

1. “Name the 3 essential elements that comprise Promissory Estoppel.”

Promissory Estoppel, which is a principle in contract law preventing individuals from backing out of a promise, contains three main components, which include; the promisor, promisee, and the promise that was not fulfilled. Thus, the unjustness occurs when the promisor doesn’t fulfill the commitment to the promisee while the promisee had depended on the promise.

1. “What 2 things does it take to make a legally enforceable Agreement?”

Nearly all contracts require only two components to be legally justifiable. First, both parties involved need to agree in that one places an offer, and the other accepts it. Secondly, a thing, for instance, goods and services or even cash which is considered valuable, should be exchanged between the parties involved.

1. “List 6 Equitable Principles that are applicable in US Courts.”

• The “Equitable Principles” include but are not limited to;
• Equity observes the law
• Equity considers the recipient as the accurate owner
• Equity detests a forfeiture
• Equity functions on individuals and note objects
• Equity is basically equality in another form
• Equity considers as done what should be done

1. “Name the 2 most common Equitable Remedies.”

These two include; “injunctions,” which can either need people to perform some task or prevent them from doing the job and “specific performance,” which needs certain parties to carry out contracts.

1. “List the 4 situations providing State Court jurisdiction.”

This includes;

• Appellate Jurisdiction where the state court only listens to appeal cases.
• Exclusive jurisdiction where state courts do not have authority while federal courts do.
• Original jurisdiction where the first body to hear the case is the state court.
• Concurrent jurisdiction where either the state court or the federal court can hear the cases presented.

1. “List 6 steps for creating an ethical workplace.”

The steps include;

• Ethical leaders leading by example thus motivating others to follow on their footsteps
• Practicing ethically performing things even if it guarantees less profit
• The manifestation of ethical behaviors in the workplace
• Recruitment of ethical professionals in the workplace
• Exceed the rule of law in the quest of creating an ethical workplace
• Being on the lookout for ethical epitomes

1. “What 4 things should you consider before filing a lawsuit?”

This includes; whether an individual can sue in the sense of having legal grounds for suing; what type of remedy the individual suing is looking for; what is the probability of the individual suing triumphing and finally what are the likely inauspicious repercussions the individual might face in the process of suing.

1. “Name the 4 acceptable civilized methods for dispute resolutions.”

The methods include; “Mediation” where the third party is involved in assisting the parties involved resolve disputes on their own; “Arbitration” where the third party acts as judge and is responsible for solving the conflict; “Litigation” where collaborative law is used to resolve the disputes and finally “Negotiation” where parties involved control the entire process of dispute solving.

1. “What are the 3 primary differences between Civil & Criminal court?”

The differences include; “Definitions” whereby criminal courts on deals with cases of criminal law while civil courts deal with cases involving the private rights of persons; “Burden of Proof” whereby in criminal court, it is the state’s duty to show that the defendant without any doubt committed the crime while in civil court, the plaintiff is the one responsible for present proof that the defendant was indeed liable, and finally “Legal Penalties” whereby in the criminal court, the penalties include; imprisonment, probation, and fines while in the civil court’s sanctions involve paying damages.

1. “Name the 4 most common exceptions to your right to Free Speech.”

This revolves around classes of speech that are not shielded by the 1st Amendment. They include obscenity, defamation, which provides for slander, Child pornography, and finally perjury, which involves making untrue statements under oath.

1. “List the 5 categories of intellectual property (IP) discussed in the text.”

This includes;

• Patents
• Copyrights
• Trademarks
• Trade secrets
• Geographical indications

1. “Describe the defining characteristics of each of the above listed 5 types of IP.”

Patents contain complete rights issued for a particular invention; Copyrights contain rights creators have over their artistic masterpieces; Trademarks contains signs differentiating products between enterprises; Trade secrets contains rights to information that is deemed confidential while Geographical indications include symbols used on products that are of a specific location geographically.

1. “What 8 things can potentially happen to a valid offer once it has taken life?”

The things that can potentially happen include: retraction of the valid offer by the offeror; the offeree issuing a counteroffer; the offeree rejecting the offer made; running out of time for the proposal; the demise of either of the party involved in the offer; the disability of either of the party involved; the execution of the contract becoming unlawful after making of the offer and finally insanity to either of the parties involved in the offer.

1. “What is, and why would a judge grant a motion for Summary Judgment?”

Summary judgment is defined as judgment provided by the court without conducting a full trial for the case. A judge would grant summary judgment on the basis that there aren’t any material facts available, and therefore the party making the motion is judged as a matter of law.

1. “What 5 types of contracts have to be in witting to be legally enforced in court?”

These types of contracts include Land transfer or sale contracts; sale of goods exceeding 500 dollars; Contracts that take more than a year; Surety contracts which involve being answerable for another’s debt and finally marriage and family law contracts which include custody of child and alimony.

1. “Name & describe the 3 test courts use to determine if a law is constitutionally enforceable.”

The tests include: whether the law necessitates an “enthralling state interest” on the basis that the state much needs the law; whether the law is ” narrowly customized” in the essence that it can achieve the desired purpose by which it was formed and lastly whether the law utilizes the” slightest constrictive means” which can propel it to make the objective by which it was created.

1. “What 3 situations would give Federal Court jurisdiction?”

These three situations include Cases whereby the United States is a party to; Cases where bankruptcy is involved and, finally, cases that require a breach of the United States Constitution or, at times, federal laws.

1. “List the 5 essential elements for proving a prima fascia case for negligence.”

The essential elements include;

• Duty
• Breach
• Cause in fact
• Proximate Cause
• Harm

1. “What are the 3 types of third-party beneficiaries?”

The three types of beneficiaries include; Creditor beneficiaries who the promisor accepts to pay the promisee’s debt; Donee beneficiaries who are promised the benefits of the promisor’s performance; Incidental beneficiaries who is not an intended beneficiary.

1. “When would a 3rd party beneficiary have legal rights to enforce a contract?”

A 3rd party beneficiary only obtains legal rights to enforce a contract when he has acquired the benefit that has been provided for through the agreement.

1. “What are the 4 essential elements necessary to create a legal contract?”

These include an offer which is made by one of the parties; a consideration whereby the other party contemplates the offer made; an acceptance where both parties agree to the terms of the contract and finally, mutuality which involves the parties understanding the terms of the agreement.

1. “Describe the similarities & contrast the difference between the Statute of Limitations & Latches.”

There is a similarity between the Statute of limitations and Latches in that both statutes point out the unfairness of cutting of the defendant’s sleep through the constant fear of litigation and also how inefficacious it is for the United States courts to counter cases which contain deteriorated evidence. The contrast comes in whereby the statute of limitations only focuses on the lapsing of the statutory time. In contrast, the doctrine of laches focuses on the reasonableness caused by a delay during the process of legal action filing.

1. “Define the legal term “Merchant” as per the UCC & why is it important in dispute resolution?”

The term “Merchant” is defined by the UCC as an individual dealing with goods of the kind and carries himself as an individual possessing knowledge distinctive to the products used in the transaction. It is essential in the dispute resolution process since the development of the “Law merchant,” which was rules set to solve disputes in a business aspect. Thus it introduced the private dispute resolution process.

1. “What are the 3 common affirmative defenses to negligence?”

The three common affirmative defenses to negligence include; contributory negligence, comparative negligence, and assumption of risk in an activity that is considered dangerous mainly by the plaintiff.

1. “List 5 examples of an intentional tort to the person.”

This includes:

• Assault
• False imprisonment
• Fraud
• Battery
• Defamation

1. “List 3 intentional torts to property as potential cause of actions in a complaint.”

These intentional torts include:

• Trespass to land
• Trespass to Chattels
• Conversion

1. “What legal documents make up the plaintiff & defendant pleadings in a civil case?”

The plaintiff files a legal document by the name of “complaint” to initiate the case while the defendant, in return, files back a legal document which acts as a response and is referred to as a “motion” which is used to defend or even attack the complaint document presented.

1. “Briefly explain the phrases “bargain for exchange” and “meeting of the minds.”

“Bargain for exchange” is whereby a promise is issued by each party involved in a contract in exchange for a return promise. Therefore without this phrase, the contract is not enforceable. On the other hand, “meeting of the minds” basically means that there has been a consensus between parties involved in the contract, and they have thus accepted the contractual obligations presented.

1. “What are the two traditional elements to establish criminal liability?”

The two traditional elements include; “mens rea,” which is also referred to as having a guilty conscience and “actus rea,” which refers to a guilty act.

1. “List 10 affirmative defenses to traditional criminal liability.”

The defenses include:

• Self Defense
• Defense of others
• Necessity
• Entrapment
• Insanity
• Comparative Negligence
• Limited harm
• No harm
• Intervening Cause
• Duress

1. “What are the 3 things necessary to create a valid contract offer?”

The 3 things include communication, where the offeror communicates his offer to the offeree who may, later on, decide to accept or reject the offer; commitment where the offeror shows dedication to what he is offering, and finally, specific terms where all offers tabled must be precise and accurate in their terms.

1. “Name the 4 types of Negotiable Instruments.”

The four types include Promissory notes, bill of exchange, bank check, and government promissory notes.

1. “List 5 various types of affirmative defenses to breach of contract.”

The defenses include;

• The contract was to be precisely in writing, but it wasn’t
• The contract is not definite.
• Estoppel in the contract
• The presence of Illegalities in the contract
• The contract is unethical

1. “When would evidence be determined “fruit of the poisonous tree” & excluded from court?”

Evidence is classified as “fruit of the poisonous tree” and thrown out of court when it is found to be tainted by primary illegality, which could negatively influence the case.

1. “List 6 categories of crime and give examples of each”

These include:

• Violent crime which includes; assault, murder, and rape
• Public order crimes which include; prostitution, drug crimes, and disorderly conduct.
• Property crimes which include; burglary, theft, and vandalism.
• White-collar crimes which include; crimes bribery forgery and fraud
• Organized crimes which include; the mafia, terrorist and gangs
• High tech crimes which include; hacking and blackmail

1. “What 4 things do you have to show a judge to be granted a default judgment?”

The things to show the judge include: summons and Complaint served to the defendant; the expiry of response time to the summons and Complaint; document indicating that the defendant failed to file a responsive pleading to the Complaint and finally, statement of damages served to the defendant.

1. “What do you 1st have to show to have standing as a plaintiff in a discrimination lawsuit?”

You first have to show that: you as the plaintiff is subject to adverse impacts by the discrimination in question; that the conditions of the lawsuit do not directly harm you, but it has a specific relationship to your situation and finally, that the act of law gives you automatic standing.

1. “What is the difference between a disparate impact & disparate treatment discrimination lawsuits?”

A Disparate impact discrimination lawsuit is described as a lawsuit filed against an employer treating employees discriminatively because of their race and color. In contrast, a disparate treatment referred to a lawsuit focused on the discriminatory outcomes as a result of an employer’s actions.

1. “Describe the main purpose for filing a Chapter 7, 11, and/or 13 bankruptcies.”

The primary purpose of filing a chapter 11 bankruptcy is because of the discharge of debts while the primary purpose for filing a chapter 7 bankruptcy is to sell all the assets to pay off creditors and finally, the main reason for filing chapter 13 bankruptcy is to allow an individual retain his/her property.

1. “Name 6 different options an Entrepreneur could elect as legal business forms to start-up a company?”

These include sole proprietorship, general partnership, limited partnership, S corporation, C corporation, and limited liability company.

1. “When would a business be subject to “double taxation?”

Double taxation can occur due to two reasons. The first involves income being taxed at both personal and corporate levels. In contrast, the second reason is due to international trade where income from a business is taxed in two countries.

1. “Explain what “employment at will” means & how do you modify or alter it?”

This doctrine refers to an agreement of employment, which categorically states that the employment is for an indefinite period and can be terminated by the employee himself or the employer. The doctrine can be modified by contract

1. “What 6 things should be considered in evaluating an ethical business decision?”

The things to be considered include; whether the problem was defined accurately; how the situation occurred in the first place; your intention for making the decision; how this intention compares with possible outcomes; whom will the decision affect and finally under what type of conditions would exceptions be allowed to stand in the ethical business decision.

1. “Define the term “fiduciary duty” & give an example of when it would legally apply.”

It is defined as the legal duty of one party in a contract to act in the very best interests of the other party involved. It is also called a fiduciary obligation. An excellent example of when it applies legally is where one party acts contrary to the duty raising a breach, and thus a legal action is drafted and sent to the civil court.

1. “What 2 things does it take to make Acceptance in an agreement?”

These two things include an offer from the offeror and consideration by the offeree.

1. “Define the nature & legal difference between real & personal property.”

The nature of real property is that it is not moveable, for instance, land and buildings attached to it, while the nature of personal property is that it is generally moveable. The legal difference between them is that personal property is defined as anything subject to ownership except land. In contrast, real property is referred to as land and every attachment to it.

1. “Who are the only people &/or organizations that can violate your Constitutional rights?”

The doctrine of “Qualified Immunity” prevents agents of the government from being liable for violations of rights in the constitution.

1. “What limits an employer’s liability for the wrongful acts of their employees?”

A factor that limits an employer’s liability on their employees is if the tortious act did not occur in the course of employment, the relationship not being employer-employee is also a key factor.

1. “What is the primary difference between a criminal felony & a misdemeanor?”

A criminal felony is a grave crime committed and, as a result, has long jail terms and fines, while a misdemeanor is considered a less severe offense, which usually involves small fines and non-permanent punishments.

1. “List 3 tasks that can be required during the discovery phase of a legal proceeding.”

• Creating of a discovery plan
• Gathering of discovery in an informal way
• Gathering of information in a formal way

1. “What is the primary difference between a Contract & a Gift?”

The primary difference is that a gift lacks consideration and is voluntary transfer of property from one party to the other. At the same time, a contract contains consideration, which is the value that propels the parties to agree to it.

1. “Define “Standing” in legal terms.”

This refers to the capacity of a party to bring forth a lawsuit in court, mainly based on their stake of the outcome.

1. “Define “Jurisdiction” in legal terms.”

This refers to the power given to the court by law to try and make decisions about cases in a specific geographical area and across certain legal case types.

1. “What is Judicial Review?”

This is where the court examines actions orchestrated by the legislative, executive, and administrative government arms to find out whether the deeds are in line with the constitution, if not, they are declared null and void.

1. “What is the primary benefit for operating a business as a corporation?”

The primary benefit is limited liability in that shareholders are liable only to their investment amounts, and thus personal assets cannot be seized.

1. “Describe the legal concept of “respondeat superior” or “vicarious liability.”

The doctrine of Respondent Superior is a legal doctrine that makes an employer legally responsible for wrongful acts done by employees in the organization.

1. “What is the main difference between a Stock & a Bond as investments?”

The main difference is that stocks are shares in the business ownership, while bonds are some debt forms that the entity promises to pay at some point in time.

1. “What are the 2 main functions a stock owner performs for a corporation?”

The two main functions of a stock owner including financing and managing the corporation

1. “What does the acronym NEPA & CEQA mean or government agencies do?”

CEQA, which stands for California Environmental Quality Act, is a statute based in California passed in the year 1970, while NEPA stands for the National Environmental Policy Act passed by the US federal government. Both statutes were used to initiate a statewide environmental protection policy.

1. “Define Product Liability & name a common affirmative defense.”

Product liability is a law area in which producers making products available to the people are held accountable for the injuries those products cause. An example of an affirmative defense is the statute of limitations.

1. “What are the 3 primary sources of laws in the US & where does each originate?”

The 3 primary sources include constitutional, statutory, and common law. All these laws originated from the conventional law system of English law.

1. “Describe the “common law” tradition & where does it come from?”

Common law is a law body derived from decisions of the judiciary and tribunals similar to it, and it arises as precedent. This law owes its origin to the Roman law.

1. “What is the “Commerce Clause,” & why is it important?”

The commerce clause contains power in the constitution of the US, which states that the country’s congress shall have the ability to regulate commerce with foreign nations, including the Indian tribe.

1. “How does an online offer differ from a traditional offer?”

The main difference between the two types of offers is that online offer which is also referred to as electronic offers is paperless, and the parties involved in the offer may not have the need to meet face to face. In contrast, traditional offers contain paper trails and face to face meetings.

1. “Define the affirmative defense & equitable principle of “Unconscionable.”

This doctrine describes the terms that are unjust that they are contrary to good conscience. An affirmative defense includes negative freedom.

1. “List the 3 essential elements to establish an affirmative defense of “Commercial Impracticality.”

• Impractical contract
• Disproportionate cost of performance
• Unreasonable cost

1. “Explain the similarity & main difference between “shipping & destination contracts.”

The similarity between them is that both contracts obligations is to pass the goods to the next in line to avoid the risk of loss while the difference between them is that in destination contract, loss risk is transferred when the products reach their destination i.e., the seller while in shipping, the seller is not responsible for the goods once he gives it to the carrier for delivery purposes.

1. “What impact does an “Arbitration Clause” have in a contractual agreement?”

The impact is that arbitration always binds the contract, thus leaving few options for either party to appeal, and thus, courts have upheld this clause as very valid and can, therefore, be enforced.

1. “Why is a “Merger Clause” important to a contract dispute?”

Failure to have a merger clause in the event of a dispute can lead to the admission of all kinds of evidence about other contractual promises that the clients most definitely intended to leave out of the contract.

1. What is “usury?”

This is a criminal act where more than the maximum rate of interest as required by the law is charged to parties.

1. “Define what a “warrantee” is & list a common example.”

This is a promise in a contract which, if broken, may result in damages claim. A good example is the warranty of merchantability.

1. “How does an online contract offer different that a traditional offer?”

The main difference between the two types of offers is that online offer which is also referred to as electronic offers is paperless, and the parties involved in the offer may not have the need to meet face to face. In contrast, traditional offers contain paper trails and face to face meetings.

1. “What is the main difference between TV Court & Small Claims Court?”

The main difference between these two types of courts is that Tv courts are a simulation of the small claims court and are thus fake since they are acted while small claims court is real.

1. “What legal purpose does a “disclaimer” provide?”

The legal purpose of a disclaimer is to specify the scope of obligations and rights that are enforced by parties in a legally recognized contract.

1. “What is the best & worst thing about a business operating as a Sole Proprietor?”

The best thing is that t is a simplified form of business ownership without any complications, while the worst thing is that owners are personally liable for all the company debts.

1. “In a word for each, what is the purpose of a Chapter 7, 11, & 14 Bankruptcies?”

The primary purpose of filing a chapter 11 bankruptcy is the discharge of debts while the primary purpose for filing a chapter 7 bankruptcy is to sell all the assets to pay off creditors and finally, the main reason for filing chapter 13 bankruptcy is to allow an individual retain his/her property.

1. “Who has exclusive jurisdiction over Family Matters?”

The federal government has the single power to make laws on marriage, divorce, child support, and custody of children while the provincial government has exclusive authority to make laws on adoption, child welfare, guardianship, and marriage ceremony formalities.

1. “Who has exclusive jurisdiction over all Bankruptcy matters?”

On issues of bankruptcy, the federal courts have jurisdiction over cases of this nature arising.

1. “What is the best & worst thing about a Corporation?”

The best thing is that members have limited liability, which means personal assets cannot be seized, while the worst thing is the double taxation of income from the corporations.

1. “List the 2 most difficult things to do concurrently to provide maximum value in the workplace.”

Management development

Organizational development

1. “What government agency regulates publicly traded corporate stock transactions?”

The United States Securities and Exchange Commission (SEC) ensures efficiency in the stock markets, while the Financial Industry Regulatory Authority (FINRA) represents and also regulates stockbroker corporations.

1. “List 3 types of fiduciary duties that Corporate Officers & Directors owe to their Corporation.”

Duty of care

Duty of Loyalty

Duty of Good faith

1. “How does an Arbitration Clause impact a contract agreement?”

The impact is that arbitration always binds the contract, thus leaving few options for either party to appeal, and thus, courts have upheld this clause as very valid and can, therefore, be enforced.

1. “What is the difference between a Shipping & Destination Contract?”

The difference between them is that in destination contract, loss risk is transferred when the goods reach their destination i.e., the seller, while in shipping, the seller is not responsible for the products once he gives it to the carrier for delivery purposes.

1. “What is & why would a Liquidated Damage Clause be used in a contract?”

This clause specifies a predetermined amount of money, which is to be paid as damages for failing to perform under a contract. It is used in a contract since the number of damages liquidated is supposed to be the parties’ best estimation at the time when the contract is being signed.

1. “Where does a person file a Factious Business Name to evidence ownership of a trade name?”

A person files his factious business name on the secretary of state’s office.

1. “What Rule of Law establishes that Federal Law will prevail over State or local if in conflict?”

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2)

1. “What 3 things does it take to make a Secured Transaction?”

The secured party gives value.

The debtor has the power to transfer rights in it to the secured party

The creditor has possession of the collateral.

1. “Explain the Perfect Tender Rule”

This is a term used to refer to the legal rights a buyer has to maintain that goods he has purchased confirm accurately to the product description of quality and quantity. If they do not conform, the buyer has the right to turn down the goods offered legally.

1. “What are the 3 elements that comprise the affirmative defense of Commercial Impracticality?”

• Disproportionate cost of performance
• Unreasonable cost
• Impractical contract

1. “What are the 2 primary functions that the Board of Directors performs for a Corporation?”

The board of directors provides direction for the organization and also offers strategic planning and oversight.

1. “Who typically runs a Corporation’s day by day business operations?”

The board of directors is responsible for the day to day running of the business operations.

1. “What are the advantages & disadvantages of a Federal “S” status Corporation?”

The advantages include favorable tax characterization of income, straightforward transfer of ownership, the cash method of accounting, and heightened credibility while the disadvantages include: Stock ownership restrictions, Closer IRS scrutiny, and less flexibility in allocating income and loss.

1. “What is the best & worst thing about a publicly-traded Corporation?”

The best thing is that members of the publicly traded corporation have limited liability, which means personal assets cannot be seized. In contrast, the worst thing is the double taxation of income from publicly traded corporations.

1. “For what purpose in contract terms does “Accord & Satisfaction” used?”

The terms accord and satisfaction are used in a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim.

1. “What function does “Assignment”, “Delegation”, & “Notation” provide for in contracts?”

The assignment clause gives either party in the contract the opportunity to transfer their part of the contract to someone else in the future. Delegation, on the other hand, is the clause used by a party to shift the responsibility and authority for performing a particular contractual duty to another party. Lastly, Novation is the clause in the contract in which the original contract is extinguished and replaced with another.

1. “How do you determine workplace status between an Employee & Independent Contractor?”

To determine this, the organization weighs factors to identify the degree of control it has in relations to the individual.

1. “What does UCC stand for & for what purpose do we have uniform law?”

It stands for the Uniform Commercial Code. The primary purpose as to why we have uniform law is to promote consistency among the states regarding the same field of law.

1. “What does I-R-A-C stand for & why is it important?”

It stands for Issue, Rule, Application, and Conclusion. It is essential since it functions as a legal analysis methodology.

 

 

BONUS Qs

A: “What do you feel you learned in this class that will help you in your other academic classes?”

What I have learned here that would help me in other academic classes are the types of courts and their jurisdictions.

B: “What did you learn in this class of value that you think you will remember in 5 years from now?”

What I learned that I will also be able to remember five years from now is the law of contracts and affirmative defenses against certain doctrines used throughout contract law.

C: “What specific final letter grade did you ACTUALLY EARN ultimately in this class-based solely on your performance?”