Distinguish among (a) bailment for the sole benefit of the bailee, (b) bailment for the sole benefit of the bailor, (c) mutual-benefit bailment, and (d) constructive bailment, and provide examples of each.
> Define partnership and discuss the advantages and disadvantages of organizing as a partnership, as well as the advantages and disadvantages of being a limited partner.
> Define sole proprietorship and discuss its advantages and disadvantages.
> Describe the duties of (a) an agent to a principal, (b) a principal to an agent, (c) a principal and third party to each other, and (d) an agent and third party to each other, in light of whether the principal is disclosed, partially disclosed, or undisc
> Explain the various forms of an agent’s authority.
> Explain the term warranty and distinguish between express and implied warranties.
> Explain both sellers’ and buyers’ remedies for breach of sales contracts.
> Discuss how the delivery of shipments affects the passage of title, and how f.o.b. shipping point and f.o.b. destination differ.
> Discuss trial periods and returns.
> Define the principle of estoppel and provide examples of how this principle is applied in various situations.
> List and provide examples of the functions of administrative agencies.
> Explain the law governing title to lost or stolen goods.
> Describe how title passes and discuss how bills of sale, bills of lading, and warehouse receipts are involved in the passing of title.
> Explain how contracts can be terminated to protect consumers.
> Provide examples of contracts terminated by breach.
> Explain the three types of termination by performance.
> Discuss termination of a contract by agreement.
> Discuss novation and how it differs from assignment.
> Distinguish between a third-party beneficiary and an incidental beneficiary, and outline the rights of each.
> Specify items of information that must be included in a written contract to satisfy the Statute of Frauds.
> Identify the six types of contracts that the Statute of Frauds requires to be in writing.
> Discuss the organization of governments and define the specific duties of the three branches of government.
> Discuss four instances where restraints of trade are legally enforceable.
> Discuss legality of purpose in relation to public interest, and classify illegal agreements into three major categories.
> Describe the operation of the law as it relates to liability for a minor’s torts and crimes.
> Discuss minors’ contracts and how the age of majority impacts the legality of contracts.
> Discuss the situations in which the UCC dispenses with the requirement of consideration in contracts to sell goods.
> Describe the kinds of valid consideration, including (a) a promise for a promise, (b) a promise of forbearance, and (c) a pledge or subscription.
> Identify and explain the three essential characteristics of valid consideration.
> Explain consideration and define forbearance.
> Define contracts of adhesion and describe the conditions under which these contracts are voidable.
> Describe duress and the forms that such may take.
> Describe the purpose of administrative agencies.
> Identify the elements of fraud.
> Distinguish between bids, advertisements, and public offers, and describe how each relates to offer and acceptance.
> Explain and provide examples of the three requirements for a valid offer.
> Explain the status of contracts and differentiate between executory and executed contracts.
> Discuss criticism of administrative agencies.
> Explain the similarities and differences between administrative agencies and governments.
> Describe product liability and the tort upon which it is based.
> List the rights of employees who are members of labor unions.
> How does the Americans with Disabilities Act define disability? Provide some examples.
> Identify types of legal documents for which electronic signatures are not valid and explain why the law excludes these.
> Provide examples of cases that are addressed by the Eighth Amendment.
> State the four rules relating to online sales of securities and explain the importance of these.
> Identify at least three typical company policies that restrict e-mail sent or received by employees while on the employer’s premises.
> Explain how the law protecting the privacy of e-mail differs, depending on whether the e-mail is sent from home or from work.
> Explain several reasons for termination of leases.
> Discuss the level of care a bailee is required to give for each of several kinds of bailments.
> Discuss the special requirements of mutual-benefit bailments concerned with (a) storage, (b) parking lots, (c) work and services, (d) hotels, and (e) common carriers.
> Discuss the importance of acceptance, possession, and return of goods as they apply to bailments.
> Explain the characteristics of various kinds of deeds, and transfers of real property through eminent domain and adverse possession.
> Discuss real property as it relates to land, buildings, and fixtures. How does personal property convert to real property?
> Identify and explain four protections provided by the Fifth Amendment.
> Discuss severalty ownership, tenancy in common, joint tenancy, and community property.
> Discuss the law and liability as applied to bad checks and to forged, raised, and materially altered checks.
> Discuss the major differences between the two basic kinds of commercial paper: promises to pay (notes) and orders to pay (checks and drafts).
> Explain the debtor education and credit counseling requirement under the Bankruptcy Abuse Prevention and Consumer Protection Act.
> List some exceptions to the doctrine of employment at will.
> Name five advantages for individuals who select alternative dispute resolution over litigation and give an example of each.
> List some examples of debts that are not discharged under a Chapter 7 bankruptcy.
> How can Internet service providers protect themselves against a charge of copyright infringement?
> When is insider trading of securities illegal?
> Compare and contrast the two main statutes that cover the sale and distribution of securities in the United States.
> How does social media facilitate identity theft?
> When posting reviews on social media, what might be a defense to a claim of defamation?
> What are three ways that social media could be used that would infringe on trademark rights of a company?
> What are some of the legal problems with using social media posts as evidence?
> How does evaluating social media use for determining creditworthiness potentially violate federal law?
> Identify two crimes that could be carried out using social media.
> Explain why an employer would restrict an employee’s speech on social media.
> Describe the two types of actions by the debtor prohibited under bankruptcy law that were discussed in this chapter.
> Identify five types of laws that restrict speech but would, nonetheless, be constitutionally permissible.
> Distinguish the Electronic Communications Privacy Act from the Computer Fraud and Abuse Act in terms of intent to commit a crime.
> Give three examples of unauthorized uses of computers that can result in criminal prosecution.
> Name four rights that may be violated when individuals gain access to computers without proper authorization.
> Distinguish between design patents and other forms of patents.
> Name the requirements that must be met for an invention to receive a patent.
> When does the fair use doctrine apply to copyrighted works?
> Give several examples of literary, creative, or artistic works for which a company may be granted a copyright.
> Explain the way the court distributes the estate of someone who dies intestate.
> Charges of undue influence are frequently made by those who are denied benefits in a will. What steps might a testator take, while still alive, to reduce the likelihood of these charges being made?
> Explain both the duty of loyalty and the duty of care as these pertain to corporate directors and officers.
> Explain why the law requires the testator to have testamentary capacity.
> Explain each of the requirements of a valid will.
> Discuss types of legacies, bequests, and devises covered by a will.
> Discuss the reasons a person prepares a will.
> Explain how liability for injuries suffered by a tenant’s guests in common areas is determined and whether the landlord or tenant is likely to be found liable.
> Should a tenant have the right to remove fixtures he or she has added to the premises? Why or why not?
> If a landlord should fail to make the repairs promised in the lease, what recourse does the tenant have?
> If a tenant chooses to use leased premises for purposes other than the one stipulated in the lease, why would a new agreement be required?
> Discuss the difference between a lease and a license and state the advantages and disadvantages of each.
> Discuss constructive bailments and explain how they differ from other kinds of bailments.
> Differentiate among corporate shareholders, directors, and officers.
> Discuss the six typical reasons for transferring goods and creating a bailment.
> Identify and provide examples of rights in real property.
> Discuss both inter vivos gifts and gifts causa mortis.
> Distinguish between real and personal property.
> State statutes usually declare that commercial paper that is given for gambling transactions or at usurious rates of interest is void. Can a person pay off an illegal gambling debt by check?
> What is the difference between a contract and a negotiable instrument as it concerns consideration?
> Describe the defenses against payment of commercial paper that are concerned with the acts or circumstances leading to the issue of the paper rather than to the paper itself.
