| 1. Ethics
and Basic Legal Concepts |
- Define law and compare law with ethics
- Describe the difference between Common law and Civil law.
- Define the role of precedent and the doctrine of stare
decisis
- Understand the source of law in the US
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| 2.
Intellectual Property Rights and Cyberspace Law |
- Describe how an invention can be patented under federal
patent laws and be able to apply the public use doctrine.
- Describe the penalties for patent infringement.
- List what writings can be copyrighted
- Describe the term of protection provided by federal
copyright law, and be able to apply the fair use doctrine.
- Describe the penalties for copyright infringement.
- Describe the legal rights that computer and software
designers have in their works.
- Define trademarks and service marks and describe how these
are registered.
- Be able to apply the generic name doctrine.
- Describe the penalties for trademark infringement.
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| 3.
Judicial and Alternative Dispute Resolution |
- Describe subject matter and in personam jurisdiction.
- Describe the federal and state court systems.
- Explain the jurisdiction of federal courts and how a case
reaches the US Supreme Court.
- Explain the use of arbitration and other nonjudicial methods
of alternative dispute resolution.
|
| 4.
International Law and Dispute Resolution |
- List and describe the sources of international law.
- Explain the principle of comity.
- Describe choice of law and forum-selection clauses.
- Describe the act of state doctrine and doctrine of sovereign
immunity.
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| 5.
Contract Formation and Commercial Law |
- Describe the act of state doctrine and doctrine of sovereign
immunity.
- List and define the elements necessary to form a valid
contract.
- Describe and distinguish between express implied-in-fact and
implied-in-law contracts.
- Describe and distinguish among valid, void,
voidable, and
unenforceable contracts.
- Define sales contracts governed by Article 2 of the
UCC.
- Describe assignment of contracts and what contract rights
are assignable.
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| 6.
Constitutional and Administrative Law |
- Describe the concept of federalism and the doctrine of
separation of powers.
- Define and apply the Supremacy Clause of the US
Constitution.
- Explain the federal government's authority to regulate the
foreign and interstate commerce.
- Describe the state and local government's authority to
regulate commerce under their "police power."
- Explain how civil rights are protected by the Bill of
Rights.
- Describe substantive and procedural due process of law.
- Explain the doctrine of equal protection of the law.
- Define and describe the functions of administrative
agencies.
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| 7.
Contract Performance and International Trade |
- Explain genuineness of assent, fraud, writing requirements,
and impossibility of performance.
- Describe compensatory, consequential, and liquidated damages
and the equitable remedies of specific performance, quasi-contract, and injunction.
- Describe how letters of credit are used to facilitate
international trade.
- Describe the United Nations Convention on Contracts for the
International Sale of Goods (CISG).
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| 8. Equal
Opportunity in Employment |
- Define affirmative action and explain why it was
implemented.
- Explain the laws that prohibit discrimination based upon
race, creed, color, religion, gender, national origin, age, sexual orientation and
disability.
- Explain sexual harassment.
- Define and explain the business necessity, seniority, and
bonafide occupational qualification defenses to a discrimination lawsuit.
- List and describe the remedies for violations of equal
employment opportunity laws.
|
| 9.
Intentional Torts, Negligence, Strict Liability, Product Liability |
- List and describe the elements necessary to prove product
liability.
- List and describe the elements necessary to prove the
intentional torts against persons and against property.
- List and describe the elements necessary to prove negligence
and strict liability.
- List and describe the defense to tort liability and to
product liability lawsuits.
- Describe the Magnuson-Moss Warranty Act.
- List and describe damages recoverable in tort and product
liability lawsuits.
|
| 10.
Consumer Protection |
- Describe government protection in the regulation of food,
drugs, cosmetics, and medicinal devices.
- Describe government food labeling and packaging
requirements.
- Identify unfair/deceptive advertising and the role of the
Federal Trade Commission in the enforcing rules related to it.
- Describe the primary statutes for protecting consumer
credit.
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| 11.
Antitrust Law |
- Describe the concept of activities in restraint of trade and
identify the major items in this area.
- Apply the rule of reason and the per se rule to idenfify
unreasonable restraints of trade
- Describe why monopolies and attempts to monopolize are
illegal in the US.
- Describe defenses available to businesses to charges of
antitrust violations.
- Explain price fixing and price discrimination and the
defense of "meeting the competition."
- List and explain the civil and criminal penalties for
violating antitrust laws.
|
| 12.
Environmental Protection |
- Describe the Clean Air and Clean Water
Act
- Explain how environmental laws affect the storage,
transport, and disposal of toxic/hazardous waste.
- Describe the Endangered Species Act and its impact on
business.
- List and explain the civil and criminal penalties for
violating environmental laws.
|
| 13.
Business Organizations |
- Describe and distinguish sole proprietorships, general
partnerships, limited partnerships, and corporations in the following ways: creating
capital, liability, taxation, and management control.
- Explain the contract and tort liability of partners, limited
partners, officers, and shareholders.
- Describe limited liability corporations and franchise
arrangements.
- Describe the duties required of partners in a general
partnership and limited partnership.
- Describe the rights and duties of shareholders, directors,
and officers in managing the affairs of a corporation.
- Describe the process for approving a merger or consolidation
and the rights of dissenting shareholders.
- Define tender offers, poison pills, white knight mergers and
greenmail.
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| 14. Credit
Transactions, Negotiable Instruments, and Bankruptcy |
- Recognize different types of negotiable instruments,
including drafts, promissory notes, check, and certificates of deposit.
- Distinguish between unsecured and secured credit.
- Define creditors' rights of attachment, execution, and
garnishment.
- Describe the procedure for filing bankruptcy including
liquidation.
- Describe the procedure for filing for bankruptcy including
liquidation, business reorganization, and debt adjustment.
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| 15.
Employment/Labor and Worker Safety Laws |
- Describe the unionization process.
- Explain what consititutes illegal interference with union
activities and the consequences of such actions.
- Describe collective bargaining.
- Explain the concept of "right to work."
- Define worker's compensation and unemployment insurance.
- Describe the impact of OSHA and its' regulations on the
workplace.
- Describe the Immigration and Control Act and compliance
requirement.
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| 16. Agency |
- Define agency
- Distinguish between employer/employee, principal/agent, and
independent contractor.
- List and describe the duties of agents and principals to
each other.
- Define the concept of respondent superior and explain
employer/principal responsibility for the tortuous conduct of an employee agent.
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