Aaron Hart

Contracts: 3 types Contracts for Goods (Car, computer), Services (Hiring a lawyer), and Real Estate (buying houses). Verbal/Oral Contracts: are under $500. Not
formed until action is taken, excludes Real Estate contracts. Elements: Offer (explicit, set forth the applicable terms, communicated to offeree, offers are revocable
before acceptance. Counter Offer: change of the original offer), Acceptance (Repeat of what offer is, mirror image of offer), Consideration (Follow Through). Must
have capacity to form a contract and have a legal purpose. Uniform Commercial Code Law: Provides uniform legal rules for sales of goods State and Federal.
Applies to Commercial sales and lease of goods and to transactions between commercial merchants or commercial merchant and private party. Protects the consumer.
$500 or more, leases of equipment that value $1,000 or more. Contract Categories: Bilateral (Buy and Sale), Unilateral (Service and Performances). Void (fraud,
mistakes, illegal, unfair, and duress), Voidable (minors or incompetent, take it or leave it contracts adhesion contracts, undue influences also duress), Unenforceable
by law Contracts. Breach of Contract: Non est factum defense for breach of contract signing a contract by mistake. The fundamental basis of the signed contract
must be completely different from what was intended. (Failure to read a contract before signing it will not allow for Non est factum defense.) Remedies: All are
Monetary damages, Compensatory (making whole), Incidental (Indirect), Consequential (Direct), Liquidated (Fixed) Damages. Equitable relief, specific performance.
Interfering a Contract: Elements: 1) Contract is in Place, 2) Intent to interfere. 3) Damage caused. Revoke a Contract: Withdraw before acceptance, mutually
withdraw, Non-conformity of product substantially impairing the value. Statue of Frauds: Requires most contracts to be written (sale of goods exceeding $500.).
Signature Rule: signed by one party is ok if signed by the person whom the contract is enforced against. Parole Evidence: Oral Statements (testimony)
clarifying/explaining terms of a contract. Generally, not admitted in court as evidence. Third party Beneficiary not a party to contract who benefits from the contract.
Assignment of contracts (transferred contracts).

Warranty (Promise & Guarantees): Applies to commercial (merchant-buyer) transactions in goods, leases. Express: Created by: Promise/guarantee, Description, or
by sample. It is the Basis of the bargain. Puffing(exaggeration) or bragging about a product is not a warranty. Best to have it written. Implied: Merchantability fit for
an ordinary purpose. Fitness for a purpose or use. Implied by law, not necessarily written or spoken. Breach of Warranty: repaired or replaced. Product
Disclaimers: As is/Without faults. Products must perform as intended. Basis of the bargain. Must be conspicuous & clear, and in writing (UCC 2-316). Magnuson-
Moss Warranty Act: Written Warranty Requirements; 1) What is covered. 2) Where can repairs be obtained. 3) How long the warranty lasts: full or limited. 4)
Whether the warranty extends to another person. Placed limitations on as is/ with all faults disclaimers. Attorney Fee provision. Product Liability: Negligence;
Negligent manufacturing, failure to warn. Product seller/manufacturer defense; assumption of the risk and misuse. Most states dont allow disclaimers when injury is
caused by a product makers or sellers negligence. Strict Product Liability: Liability without fault. Defective Product & Unreasonably dangerous to consumers.
Applied to a product seller and or manufacturer. Defense: Assumption of the Risk (Coffee is going to be hot). Misuse of product by the consumer (using laptop as a
coaster). Statute of limitations (4 years in Idaho); Product exceeded its shelf life (10 years in Idaho).

Property: Real (Land, houses/building) and Personal (Items such as; computers, cars, chairs) Real: Freehold Ownership; 1) Fee Simple absolute best form of
ownership. 2) Fee Simple Determinable will retain ownership as long as not used for commercial use. 3) Fee Simple on Condition Subsequent like an ultimatum.
4) Life estate. Non-freehold Ownership; Lease: limited to occupation of property. Concurrent Ownership; Tenancy in Common undivided interest. Joint Tenancy
with Right of Survivorship equal interest. Tenancy by the Entireties applies to most states; Joint tenancy. married couples only, surviving spouse becomes sole
owner. Community Property Nine western states; married couples, property acquired during marriage owned equally. Acquiring: 1) Purchase; Deed Transfer
ownership. Warranty Deed/Title Insurance, Quit Claim deed. 2) Inheritance; having it given to you for various reasons. 3)Adverse Possession: a person using another
persons property without permission for a long enough period of time can acquire legal ownership (20 years in Idaho). Elements; Open & notorious, actual &
uninterrupted, exclusive, hostile. Real Estate Financing: Outright purchase. Mortgage; Lenders: bank or mortgage broker, Security Interest, Recording. Land Owner
Contract. Foreclosure; Bank foreclosure, judicial foreclosure. Property Owner Liability: Trespassers no liability (most of the time, exceptions: spring guns,
attractive nuisances 15 yo or younger trespassers. Attraction to an artificial condition, protect children.). Licensees reasonable duty of care; social guest liability
(Postman, Delivery person). Invitees high duty of care (students at a school). Criminal Acts of Others Limited liability (Establishment not responsible for a fight.
per se, that broke out on their premise; Foreseeability: take reasonable actions to prevent foreseeable events. Property Use Interference & Restrictions: Nuisance;
Interference with use and enjoyment of land. Zoning; Police Power to regulate use of land, Variance, Building Codes. Restrictive Covenants (CCRs); Restricts how the
neighborhood functions. Easements: use of someones land for business purposes. Personal: Tangible (computer car) and Intangible (Bank account, investment,
copyright). Mainly acquired via Purchase, gift, or inheritance. Abandoned, found property, Finders Keepers, Losers Weepers. Bailments takin possession of
property. Wills, Probate, Trusts: Wills: Testate; written document that distributes property upon death, Testator: drafter creator of the will. Probate: court
proceeding to prove the will, 2 witnesses so the will is understandable. Intestate: No will, court proceeding will distribute property according to law. Trusts:
Transferring ownership of property to a trustee for the benefit of a beneficiary.

Environmental Law: one of the most important and controversial public issues today. Environmental Protection Agency (EPA): Primary federal regulatory agency
addressing environmental issues. National Environmental Policy Act (NEPA): Created Environmental Impact Statement Requirement; Applies to Federal, State, and
local govt. construction projects, and most large private projects. Analyzes the environmental effects of a project, takes time effort and cost, subject to court review.
Clean Water Act: Environmental control started in 1889; Rivers and Harbors Act. States required to designate the specific uses of certain bodies of water. National
Pollutant Discharge Elimination System; Permits required for discharge of effluents from a point source. Best Practical Technology (BPT). Wetlands; Saturated land
with surface and groundwater. Clean Air Act: Started with Air Pollution Control Act 1955; set up the National Ambient Air Quality Standards. Best Available
Control Technology (BACT); requirements for air pollutants must be reasonable and comply with federal rules. Other environmentally related legislation; local
nonsmoking laws in public places. Bubble Policy; increasing pollution from one source and decreasing pollution from another source. A polluter having more than
one stationary source of pollutants within a specific area is treated as a single source and must make an equal reduction in all types of pollutants emanating from
within the bubble area. Endangered Species Act: Protects plants and animals from extinction. Secretary of the interior required to list plants and animals that are
endangered AND threatened to be extinct. Hazardous and Toxic Waste: Resource Conservation and Recovery Act 1976; Tracking hazardous waste from beginning
to disposal. Toxic Substances Control Act 1976; Employer inventory of chemicals required, EPA testing requirement for new chemicals. Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) 1980; Strict Liability for toxic waste caused by owners and operators, Creates funding source
for cleanup costs SUPERFUND, State liability insurance programs available. CERCLA Liability: Criminal and Civil Liability for Toxic Waste. 4 Affected
parties; 1) Present owner/operator, 2) Past owner/operator, 3) Transportation treatment service schedulers, 4) Transportation treatment services. Liability
Insurance; state programs. Innocent Landowner Defense; Current owner proving due diligence at time of purchase.

Cyber Law & Intellectual Property: Intellectual Property: Patent Law; Issued by US Patent & Trademark Office (PTO). Product, process, invention. Exclusive
right to use, develop, and license for 20 years. Copyright Law; Protects, authors, composers, artists from others who copy their work. After 1978 last for artist life +
70 years, Register with US Copyright Office. Trademarks & Trade Secrets: Trademarks; Word, Phase, or Symbol that is unique, used in commerce, Lanham Act
protection last 10 years, renewable, continues indefinitely, if used, PTO enforces. Trade Secrets: Formulas, recipes, customer lists. Uniform Trade Secrets Act. Non-
complete and confidentiality agreements. Fair Use Doctrine: Allows limited use of Copyrighted work, permission of copyright owner not required. Requirements for
Fair Use; 1) Purpose Nonprofit or educational. 2) Nature or work copied educational materials, reviews, parodies. 3) Amount copied 10% or less is ok. 4) Little
or no economic effect on the copyright owner. Basis Books vs Kinkos Graphic set forth the four factors. Cyber Law: Digital Millennium Copyright Act; Copyright
protection for computer programs, software, Internet Service Providers (ISPs) immune from copyright law/defamation liability

Antitrust: Antitrust Law: Prohibits agreements that restrict free trade and competition. Bans abusive corporate behavior that restricts free trade and competition.
Regulates mergers and acquisitions that threaten competition. Sherman Act 1890; Restraint of intrastate trade prohibited. Criminal Violation. Clayton Act 1914;
Restraint of interstate trade prohibited. Civil penalties. Federal Trade Commission; Antitrust Division. Monopoly: Control of a product, market, or industry by one
company or individual that eliminates competition. Has Power over price and is the sole producer. Legal Analysis: Rule of Reason; Unreasonable restraint on trade
that affects competition is illegal. Per se rule: most common rule; business conduct is so anticompetitive that the conduct itself is illegal regardless of the effect on
competition. Monopoly Power; Company the sole supplier of the product, Court determines product market and geographic market size, Court determines the firms
market share and its dominant position, Intent to monopolize
Consumers, Debtors, Creditors: Fair Credit Reporting Act (FCRA): Credit bureaus must maintain accurate information and provide 2 free credit reports annually
to the debtor. Fair Dept Collections Practices Act (FDCPA): Prohibits abuse, harassment, threats. Restricts phone calls to 8AM-9PM. Cannot call debtors employer
unless consent is given. If debtor has retained an attorney, collection agency must not call the debtor. Right to Demand Verification of Debt 30 days. Collectors
cannot discuss what the debtor owes other than the debtors spouse. Does not apply to creditors collecting on their own debts. Bill collector (including attorneys) debt
collecting practices limited. Garnishment: Garnishment of wages prohibited before a court order is issued. Limited to 25% of take home pay. Secured
Debts/Perfection: Collateral that is used to secure a debt home, car, boat; Secured interest, Creditors right to repossess collateral if debt is not paid. Purchase
Money Security Interest (PMSI): Financing statement by creditor filed with the state. Creates a secured transaction and ability to repossess. The transaction where a
creditor extends cash to purchase the collateral for a security interest. Perfecting a security interest: the financing statement is properly filed with the appropriate state
office and the creditor takes possession of the collateral. Truth in Lending Act: give consumers full disclosure of credit terms, and to encourage consumers to shop
around for credit. Bankruptcy: Three kinds; Chapter 7 Fresh Start (meant for unemployed individuals), Chapter 11 Business Reorganization (mainly for business,
easier to cont. bus. & pay debt off), Chapter 13 Debt Repayment Plan (for employed individuals). Bankruptcy Abuse Prevention and Consumer Protection Act; Credit
Counseling now required. Declaring Bankruptcy: Serious decision, get legal advice. Petition in Federal court and trustee appointed; Automatic Stay (an order that
prevents creditors from making any attempts at collecting debt from the debtor. It comes into operation when a debtor files for bankruptcy.) on debt collectors for
debts incurred before the filing of Bankruptcy. Trustee determines debtors assets. Bankruptcy Estate Accounting: Asset transfers, Assets that are non-exempt or
exempt from Bankruptcy, Debts that are exempt from discharge. Final Results: Debts discharged or reorganized. Exemptions and Dischargeable Debt: Bankruptcy
estate; Debtors assets used to pay debts. Exemptions from bankruptcy estate to pay debtors debts; home, car, tools of trade, limited amount of jewelry. Not all debts
are discharged.

Employment Law Issues: Employment at Will: Employees can be fired immediately for any or no reason that is not legally prohibited by law. Employees can quit
immediately for any or no reason. Exceptions; Civil Rights Title VII protections, Employment Contracts, Public Policy Violations, Covenant of Good Faith and Fair
Dealing (Cannot fire employee in bad faith), Cannot fire employee for Engaging in union activities (NLRB). Wrongful Discharge: Termination of an at-will employee,
in violation of one of the recognized exceptions to the employer's right to terminate such an employee. Employer Liability When Hiring: Providing job references
can be a liability for employers; Qualified privilege immunity for innocent mistakes, Intentional false information provided: no protection. (Practical tip: Give limited
information). Background Checks by Employers: Credit Reports Equal Employment for All Act (proposed to prohibit credit reports used for refusing employment.
Criminal Checks: Be careful that refusing to hire based upon criminal records could result in claims of discrimination. Dont use Social Media. Drug Testing: Private
Employees Limited right to privacy. Public Employees right to privacy and due process. Privacy in the Workplace: Limited expectation of privacy in workplace.
Constitutional protection for public employees. Personal Use of computer and phone can be limited; Employers give notice of monitoring & use, Have a written
policy. Relationships; cant force people to not, Supervisors prohibited/shouldnt date subordinates. Genetic Testing; Done to see if there are any genetic dispositions
of future problems. Federal Employee Polygraph Protection Act: Prohibits private employers using polygraph tests. Exceptions; Private contractors working for
federal national security intelligence agencies, Private security armored cards, alarm systems employees, Pharmaceutical company employees manufacture,
distribution, sell of drugs, Employees suspected of company theft. Title VII Civil Rights Act: Covered employers are; Private and Public employers, 15>
employees, Business deals in interstate commerce. Amendments added more protected classes disability, pregnancy, age. State Law can add protected classes.
Investigation/Enforcement: Equal employment Opportunity Commission (EEOC), Idaho Human Rights Commission, Time limits for filing a complaint with EEOC.
Title VII Discrimination: Original protected classes; Race, Color, Sex, National Origin, Religion. Bona Fide Occupational Qualifications (BFOQ); Business
necessity, Legal discrimination. Intentional; Disparate treatment. Unintentional; Disparate impact. Proving Discrimination: 4/5ths (80%) rule proof of disparate
impact. Equal Pay Act: Equal pay for equal work; gender base, substantially equal pay for equal work, employers engaged in interstate commerce, Title VII,
Comparable worth equal pay for work of equal value. Administered by the EEOC. Sexual Harassment: Quid Pro Quo: Sex for a job/promotion. Hostile/Offensive
work environment; taunts, unwanted touch, dirty jokes, must occur on multiple occasions. Employers liability: Includes manager and supervisor liability, and co-
workers under specific circumstances, Alleged and proven claims will significantly impact the entire work force. Remedies: Reinstatement of job usually doesnt
work, Front (present and future) pay, Lost back (past) pay, Lost benefits, Punitive damages (limitations) can be awarded, Attorneys Fees. Family Medical Leave Act
(FMLA): 12 weeks of unpaid leave must be provided to employee affected by serious health issues (3+ days of cont. absence). Applies to; Employer 50> more
employees, Employee, Employees spouse, parent, and children. Eligible Employees: 12 months of continuous employment. 1,250 worked hours. Employee
obligations: Provide medical support documentation, Notify employer. Employer must restore employee to same or an equivalent job. Age Discrimination:
Employers have 20> employees. 40> years. Exceptions; Mandatory retirement age, BFOQ, Safety & Retirement programs. Enforced by the EEOC. Americans With
Disabilities Act (ADA): Illegal to discriminate against employees/candidates for employment. Disability broadly defined; Physical or mental impairments that affects
a major life activity. (virtually unlimited now). Employer must provide reasonable accommodation to employees and candidates. Reasonable Accommodation:
Defenses available to employer; Undue hardship for employer; Threat to job safety, cost prohibitive. Business necessity to not provide reasonable accommodation;
Communicable diseases, religious preferences. Occupational Safety and Health Act (OSHA): Duty of employers provide safe work place. Employees right to
refuse to work in an unsafe work place serious injury or death at risk. Employer subject to OSHA inspection without search warrant. (limited w/o warrant).
Workers Comp: Worker Eligibility: Within scope of employment when injury occurs. Injury not due to an intentional act or willfully caused. Workers comp benefits:
Medical treatment cost paid for. Voc rehab provided. Time loss. Family death benefit. Exclusive remedy: cannot sue employee for job injury, exceptions
(intentionally causes injury). Unemployment Compensation: Eligibility: Employed during preceding 52 weeks. Ready, willing, able to work. Failure to seek work
will disqualify, Falsifying info is a crime. Coverage for 26 Weeks, unless extended. Right to Work Laws: employers cannot require employees to join a union. State
can prohibit Union Security agreements. Employees cannot be prohibited from union activities; Union Security Agreements require an employee to become a union
member to be hired or pay union dues. Idaho is a right to work state. Fair Labor Standards Act (FLSA): Min. wage; Fed = $10.00 & ID = $7.25. Exempt/non-
exempt employees, 40-hour work week for hourly paid employees w/ overtime. Service Workers (waiters) tips are main source of income. Child Labor: Under age of
18, School Days cant work past 7, Safety issues cant work heavy equipment.

Unfair & Deceptive Business Practices: Federal law: FTC & State law is Consumers Affairs protection Attorney General. Common Law Protection: Consumers
can file private civil law suits for injuries caused by deceptive and misleading ads. Competitors can file lawsuits for Trade defamation & Trademark infringement.
Deceptive: A representation, omission, or act misleads a consumer about a material fact. Deceptive Acts & Unfair Practices: Pyramid Scheme; recruiting members
via a promise of payments or services for enrolling others into the scheme, recruiting becomes quickly impossible, and most members are unable to profit, no product
being sold. Bait & Switch; Legal rainchecks offered and mentioned in ad, Illegal product never available and consumer led to a more expensive product. Door to
Door Sales: 3 day cooling off period and Items ordered must be shipped within 30 days. Celebrity Endorsements: Endorser must make reasonable investigation about
the truth of the ad, Payments made by product manufacturer to an endorser must be disclosed.

Court Systems: Federal: Supreme Court, Fed. Court of Appeals, US District court. State: Idaho Supreme Court, State Court of Appeals, District Court of ID.

Burdens of Proof: Criminal: Beyond all reasonable doubt (98%). Civil: Preponderance of the evidence (51%).

Tort Law Comparative Negligence: plaintiffs own negligence contributed to cause of injury.

Default Judgments: binding judgement in favor of either party on some failure to act by the other party.

Common Law: Judge makes decision, can be appealed. Stare decisis: principle of determining points in litigation according to precedent.