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Question: Describe duress and the forms that such


Describe duress and the forms that such may take.


> Discuss the characteristics of real property.

> Discuss the different forms of property ownership.

> Identify and discuss common ways in which title to personal property can be acquired.

> Describe the characteristics of property and provide examples of items considered property.

> Distinguish between personal and real defenses against payment of commercial paper, and list the types of defenses in each case.

> Describe the four requirements that qualify a person as a holder in due course.

> Describe the duties of an employer and employee to each other.

> Explain the obligations, warranties, and discharge of endorsers, and specify the five warranties assumed to exist in endorsements.

> Describe the four kinds of endorsements.

> Discuss electronic funds transfers and provide several examples of these.

> Discuss the various kinds of checks and the rules and procedures for stopping payment on a check.

> List and explain the essentials for negotiability of commercial paper.

> Explain the characteristics of commercial paper and how it differs from ordinary contracts.

> Explain the major applications of Chapters 9, 11, 12, and 15 of the federal bankruptcy law.

> Explain the provisions and applications of Chapter 13 of the federal bankruptcy law.

> Describe the means test and the requirement for debtor education and credit counseling under the Bankruptcy Abuse Prevention and Consumer Protection Act.

> Explain the provisions and applications of Chapter 7 of the federal bankruptcy law.

> Explain why and how an administrative agency is formed.

> Explain the major characteristics of a corporation.

> 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 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.

> 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.

> 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?

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