The failure to be faithful to one's duties or
contractual obligations, or the intent to mislead or deceive another.
An amount of money that an accused may be required to
pay to the court as a means of ensuring that he or she will return for trial.
A method whereby the government subsidizes a business
by guaranteeing to repay any loan on which the business may default.
A legal proceeding whereby a debt or's assets are
liquidated and distributed to creditors and the remainder of the debt is
canceled, enabling the bankrupt party to start anew.
The most recently revised version of the bankruptcy
laws, enacted by Congress in 1978. The reforms included modernization, greater
efficiency, and a more equitable treatment of creditors.
A group of employees organized for purposes of
collective bargaining. The unit must be authorized by the National Labor
Relations Board, whose authorization depends on whether or not the group
represents a community of interests.
A harmful or offensive unpermitted con tact with
another person.
In contract law, the situation arising when two
companies' preprinted contract forms do not contain identical terms. At common
law no contract existed in these circumstances, but the Uniform Commercial Code
has modified the traditional rule so that an enforceable contract may be found
in many such cases.
An agreement wherein each party makes a promise
obligating it to perform, in exchange for a promise by the other party to
perform.
The draft of a proposed law before it has been
enacted.
The first ten amendments to the U. S. Constitution.
State statutes requiring businesses to close on
Sundays.
State laws intended to protect investors by
regulating the sale of securities.
In employment discrimination cases, a factor that
exempts an employer from liability for discriminatory hiring practices because
the employee's gender, religion, age, or national origin is related to the very
nature of the job.
An element that must be proved in a negligence claim,
consisting of a failure to act as a reasonable person would under the same or
similar circumstances, or a failure to perform any duty owed to another.
A document submitted to the court by both sides in an
appeal. It usually states the issues presented for review, the facts of the
case, the pertinent points of law, and the relief sought.
A fee charged by a buyer who makes a purchase without
using a broker, in place of the fee a broker would have charged if one had been
used. Brokerage allowances are prohibited by the Robinson-Patman Act.
The duty of proving the issues in dispute at trial.
The burden varies depending on the type of case: In criminal trials, the
government must prove a defendant's guilt beyond a reasonable doubt; in civil
trials, the case must be proved by a preponderance of the evidence.
The unlawful entry into a structure with the intent
to commit a felony or theft.
A doctrine providing that a director or officer of a
corporation cannot be held liable to a shareholder for an error made in running
the corporation, unless bad faith, fraud, or a dishonest purpose can be proved.
