GCLE flashcards
GCLE · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Stare decisis
- Stare decisis is the common-law doctrine that courts follow prior holdings of superior courts in the same hierarchy when deciding materially similar cases.
- Civil law system
- A civil law system resolves disputes primarily through comprehensive codified statutes, with courts applying statutory text rather than treating prior judicial decisions as binding precedent.
- Ratio decidendi
- Ratio decidendi is the legal principle or rule necessary to a court's judgment; it binds lower courts within the same appellate hierarchy.
- Extraterritorial jurisdiction
- Extraterritorial jurisdiction allows a state to apply law to conduct outside its territory when a recognized nexus exists, such as effects, nationality, or territorial presence.
- Mirror-image rule
- The mirror-image rule provides that a common-law acceptance must match the offer's terms exactly; a counteroffer changes terms and terminates the original offer.
- Statute of Frauds
- The Statute of Frauds requires certain contracts, such as land sales or suretyship, to be evidenced by a signed writing to be enforceable.
- Liquidated damages
- Liquidated damages are a contractually agreed sum for breach that is enforceable only if it reasonably forecasts likely loss rather than punishing the breacher.
- Force majeure clause
- A force majeure clause excuses performance when a specified extraordinary event beyond control prevents or delays performance, subject to notice and mitigation conditions.
- Business judgment rule
- The business judgment rule presumes that informed, disinterested directors acted in good faith and in the corporation's best interests, deferring to their decisions absent fraud or conflict.
- Piercing the veil
- Piercing the veil is a court remedy that disregards limited liability when owners abuse the entity, commingle assets, or use it to commit fraud.
- Apparent authority
- Apparent authority binds a principal when a third party reasonably relies on manifestations that an agent has authority, even if the agent lacks actual authority.
- Data controller
- A data controller determines the purposes and means of processing personal data and bears primary responsibility for complying with applicable privacy law.
- Data processor
- A data processor processes personal data on behalf of a controller under instructions and must implement contractual, security, and confidentiality obligations.
- Data minimization
- Data minimization requires collecting and retaining only personal data that is adequate, relevant, and necessary for the specified lawful purpose.
- 72-hour breach notice
- Under the GDPR, a controller must notify the supervisory authority of a personal data breach within 72 hours of becoming aware, unless unlikely to risk rights.
- FCPA
- The U.S. Foreign Corrupt Practices Act prohibits corrupt payments to foreign officials for business and requires issuers to maintain accurate books and internal controls.
- Adequate procedures
- Adequate procedures is the UK Bribery Act defense for a commercial organization charged with failing to prevent bribery, requiring proportionate anti-bribery controls.
- Customer due diligence
- Customer due diligence identifies customers and beneficial owners, assesses money-laundering risk, and verifies information using reliable independent sources before or during onboarding.
- 50 percent rule
- The U.S. sanctions 50 percent rule treats an entity as blocked if one or more blocked persons own, directly or indirectly, 50 percent or more of it.
- At-will employment
- At-will employment allows either employer or employee to end the relationship at any time for any lawful reason, subject to contracts and statutory protections.
- Misclassification
- Misclassification occurs when an employer treats a worker as an independent contractor despite control, integration, and economic factors indicating employee status.
- Protected characteristic
- A protected characteristic is a personal trait, such as race, sex, religion, age, or disability, that anti-discrimination law shields from adverse employment action.
- Trade secret
- A trade secret is confidential business information with independent economic value that the owner protects through reasonable secrecy measures.
- Copyleft license
- A copyleft license permits use, modification, and distribution but requires derivative works to be licensed under the same terms, often including source-code disclosure.
- Likelihood of confusion
- Likelihood of confusion is the trademark test asking whether relevant consumers would probably confuse the source of goods or services because of similar marks.
- Patent novelty
- Patent novelty requires that the claimed invention was not previously disclosed or publicly available before the filing or priority date.
- Conflict of interest
- A conflict of interest arises when a professional's personal, financial, or other interest could improperly influence judgment or adversely affect a client's interests.
- Informed consent waiver
- An informed consent waiver requires full disclosure of a conflict and the client's affirmative consent, often with a reasonable belief that representation remains fair.
- Legal professional privilege
- Legal professional privilege protects confidential communications between a lawyer and client made for legal advice, subject to exceptions such as crime or fraud.
- Legal hold
- A legal hold is a directive to preserve potentially relevant documents and data when litigation or investigation is reasonably anticipated, suspending routine deletion.
- Residual risk
- Residual risk is the risk remaining after controls and mitigations are applied, compared against inherent risk to evaluate whether treatment is adequate.
- Arbitration clause
- An arbitration clause commits parties to resolve specified disputes through private arbitration rather than court litigation, usually specifying seat, rules, and governing law.