Management 200DawsonStudy Guide-After Midterm InfoSpring 2014Extensive List of Concepts: starting Week 7 of the quarter-Civil Law and LitigationWhat types of evidence is there?What are the rules of evidence?What are the requirements for evidence to be admissible in court? Explain how evidence can be excluded (exclusionary rules)What are the types of privileged evidence?-TortsWhat is a tort? Name the different types of tortsWhat happened in the McDonalds story discussed in class?Explain Intentional Torts: Battery, Assault, Mental DistressExplain what elements are required for a tort to be negligentWhat is professional negligence? What are defenses to negligence?Compare and contrast Contributory Negligence and Comparative NegligenceWhat is strict liability? What is products liability?-ContractsWhat is a contract?What are the types of contracts? Details about executory, enforceable, void, express, implied, and voidableWhat are requirements of contracts?What happens when a contract is breached?-Real PropertyWhat things are considered real property?What is an interest in real estate? Details about fee simple absolute, leasehold, life estate, joint tenants, subsurface interests, above surface interests, easement, and restrictive covenantsWhat is a deed? Details about Statutory Warranty and Quit ClaimWhat is title insurance? What are the types of title insurance?Know the process for buying a house, with a lender, with a contractWhat is adverse possession? Right to survivorship? Statute of Frauds?Know the history of Landlord/Tenant Act. Duties, remedies, rights, and termination for each party-Forms of Business OperationsWhat are the schools of social responsibility in business ethics? Profit, Managerial, Institutional, Profession Obligation, Regulation)Forms of Business Organizations (Sole Proprietorship, Partnership, Corporation)What are professional codes of ethics? What do each focus on?-Antitrust LawThink about the antitrust story Dawson explained (fish eating other fish) how competition worksDetails about the schools of thought (Chicago School and Harvard School)What are Antitrust Statutes? Sherman Act of 1890? Clayton Act---1914?How do you buy auto insurance? What are the different types?-Constitutional LawWhat is included in Articles I-III? Know amendments 1-27What is included in the incorporation doctrine? Due Process, Bill of RightsDetails in 14th Amendment: Due Process (Procedural and Substantive) Equal ProtectionDetails in 1st Amendment: Freedom of Religion, Assembly, Press, SpeechThere are four different types of evidence we discussed in class. Documents are things like emails and books. Things include a knife used in a killing, a cell phone, a pen left by the defendant. Oral testimony is given by a witness in court, providing some kind of insight into the case. And last is the view of a scene which includes photographs and/or diagrams of where a crime took place.Rules of evidence include questions that are either of fact or of law. Questions of Fact are answered by evidence and provide facts to a case. This is different from questions of law which are also shown by evidence but answers a law.The Admissible Evidence Rule has four parts to it:1. Relevant2. Not privileged3. Not excluded4. Not hearsayEvidence must make a fact at issue more or less likely, or relevant. It cannot be privileged or excluded (see details for each following admissible evidence rule) and evidence cannot be hearsay, meaning it cannot come from an out of court statement by another. There are exceptions to the hearsay rules but we don’t have to know them.Privileged Evidence includes relationships like physician/patient when consent forms are needed to view records, husband/wife where a spouse cannot be forced to testify against their spouse with information found during their marriage, attorney /client where an attorney cannot share client’s information, and priest/penitent.Exclusion Rules are rules that make evidence inadmissible in court. Evidence cannot be prejudice, it cannot be a settlement offered before a trial, insurance information, a surprise to neither the plaintiff nor the defendant, and cannot be cumulative.A tort is a civil wrong to someone that is not in breach of a contract. The purpose of this system is to compensate victims and deter. A lot of times this includes things like insurance companies not providingcoverage for their customer, someone getting burned by food at a fast food restaurant, etc. There are four types of torts we discussed in class. The first I will show are intentional torts. The first intentional tort is battery. Battery is an intentional act, causing offensive contact, with the body. For example, someone punching, stabbing, shooting, or sexual assaults against another.The next intentional tort is assault. This is an intentional act, that causes reasonable apprehension, of offensive contact.And last is mental distress. This is an intentional act, that is generally malicious, and causes severe emotional distress.The next type of tort we’ll look at are negligent torts. There are four parts to negligent torts. Duty is acting as a reasonable person under the circumstances. Breaching that duty is by failing to live up to thatduty by (fill in the blank). These will then have causes and damages to things such as property, medical bills, wage losses, and pain and suffering.Professional negligence is a type of negligent tort. If we use a doctor as an example, they are guilty of professional negligence when they fail to act as a reasonable doctor, they are in breach by failing to live up to their duty, and thus there will be causes and damages from their negligence.There are two defenses to negligence that were covered in class. The first is contributory negligence. This is if the plaintiff is partially responsible for the negligence then they are not rewarded any damages.Compared to comparative negligence which is if the plaintiff is partially responsible, they are not awarded whatever percentage of responsibility that is caused by them, but they still receive money for damages not caused by them.A third type of negligent tort is strict liability¸ when something wasn’t intentional and no one was negligent. This is when one is engaged in an ultra hazardous activity, you are liable for the harm caused without regard to fault. Examples include transporting gasoline, crop dusting, owning a tiger or lion, blasting rock, or having a dam. The main point to remember for