Fil 185

owned my single person

advantage- no managment issues,

disadvantage- all liability on owner

association of two or more people, business for profit, owners are liable

seperate entity from any one person

debts are all on business

elected people run company

dispute settled by third party through negotiations

when neutral third party comes in and offeres suggestions to break deadlock

is when neutral third party comes in and settles dispute between workers and management

intentional contact that is harmful or offensive

intent plus the thought of battery will occur

legally enforceable exchange of promises

inducement to contract, what is being exchanged

the law that tells you when a contract must be in writing to be enforceable

act breaching a duty of care, taking a unreasonable risk, causing injury

not physically evicted, landlord makes conditions so bad you are forced to move

saying there is no other reason something would happen

employers are not liable for workplace injuries that result from negligence of other employees

used in civil case decide case

national labor relations act, act was passed for the purpose of protecting and encouraging growth of the union movement

a legally enforced relationship of trust, confidence and responsibility

equal employment opportunities commission

federal body that makes policies/ approves employment discrimination suits

16-23 members who decide if a case should be brought to trial, takes 12 votes

the document filed with state government to establish the existence of a new corporation

states that legislative and executive branches can review the decision of the judicial branch, seperation of powers

let the decision stand

government cannot establish, support or sponsor religion

government cannot interfere with people practicing their religious beliefs

illegally obtained evidence cannot be used by prosecutors case

protection against federal and state governments from someone life, liberty and property

whenever government wants to take someones life, liberty or property it must go through the process

has to pass unreasonable search test

does person have expectation of privacy

does society think this expectation is reasonable

national labor relation board

independent agency of US government

charged with conducting elections for labor union representation, and investigating unfair labor practices

misrepresentation of a material of fact made with knowledge of the falsify of the statement with intent to cause another act which in fact causes another to act to his detriment of injury

ultra hazardous activity, fire, animals

general presumption that the parties of a contract with act fairly, honeslty and in good faith

sole proprietorship

1. they can do what provided for in articles of incorporation

2.there are implied powers

3. Ultra vires act, cannot do something outside of corporations parameter

cannot do something outside corporations parameters

1. duty of care- must use same degree of care with the corporations as you would your own business

2. duty of loyalty - corporate officers and directors must not have self dealings or interlocking directorates

first major federal law to favor unions. Unions are not inherently restricted of tradeq

obligated to participate actively in the deliberations so as to indicate a persons intention to find a basis of agreement

wages

hours

terms and conditions

1. economic striker

2. unfair labor practice striker

economic striker can be permanently replaces, unfair labor practice striker can only be temporarily replaced

1. works comp is generally compulsory

2.types of injuries covered

3. works comp laws are no fault

guarentees contract and property rights regardless of race

Must first attempt conciliation then they can file for lawsuit

race, sex, religion, color and national origin

1. plantiff must show they are part of protected class, they are qualified for the job, and they suffered negative employment consequence

2.defendant must show legitimate business purpose for the decision

3. platiff must show business purpose is mere pretext for discrimination

bona fide occupational qualification

must have authenticity, modesty, refusal to deal,

one thing that cannot be BFOQ is race

employment practice is neutral on face, but has discriminatory results

1. mutual agreement

2. consideration

3. legality of the object

4. capacity of the parties

volitional act committed with substantial certainty that harm will result

covenant of quiet enjoyment- landlord must provide tenant with full possessory rights

implied warranty of habitability- must provide premises that meet a minimum standard of live- ability

ideas are not copyrightable, but expressions of are copyrightable, last for life of author plus fifty years

both sides present evidence against each other

based on that truth with eventually come out

better for ten guilty men go free than 1 innocent man go to prison

case tells us to be a BFOQ, it must relate to the essence or central mission of the employers business

to be liable to negligence the injury must be foreseeable. Majority opinion was written by long island railroad

judicial review

1. is there legally protected interest?

2. what is the nature of defendants conduct

3. is there close connection with defendants actions and plantiffs injury?

4. are there any defenses?

freedom of speech, religion, freedom of press, freedom of assembly, freedom to petition the government for a redress of grievances

antonin scalia

anthony kennedy

clarence thomas

elena kagan

john roberts (chief )

ruth bader ginsburg

stephen breyer

samuel alito

sonia sotomayor

eat ass