Exam 2 Terms

Question 1

Contract

Answer 1

an agreement creating obligations enforceable by law

Question 2

Offer

Answer 2

An objective manifestation of willingness by the offeror to enter into an agreement that creates the power of acceptance in the offeree

Question 3

Acceptance

Answer 3

a manifestation to be bound by the terms of the agreement

Question 4

Consideration

Answer 4

A bargain for exchange (what one party gets for their promise under a contract)

Question 5

Uniform Commercial Code

Answer 5

the body of laws governing commercial transactions in the US.

Question 6

Article II of the UCC

Answer 6

Deals with the sales of goods, does not apply to real estate

Question 7

Unilateral Contract

Answer 7

one party promises to do something in return for the act of another party

Question 8

Bilateral Contract

Answer 8

a promise by one party in exchange for the promise of another party

Question 9

Assignment

Answer 9

when one party to an existing contract (the “assignor”) hands off the contract’s obligations and benefits to another party (the “assignee”). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.

Question 10

Delegation

Answer 10

the act of giving another person the responsibility of carrying out the performance agreed to in a contract.

Question 11

Void

Answer 11

the transaction is treated as if it never existed

Question 12

Voidable

Answer 12

a valid contract unless and until one of the parties takes action to void it

Question 13

Mailbox Rule

Answer 13

acceptance is valid when it is sent and revocation is not valid until it is received

Question 14

Counteroffer

Answer 14

an offer made in response to another

Question 15

Mirror Image Rule

Answer 15

also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly with no modifications. The offeror is the master of one’s own offer.

Question 16

Liquidated Debt

Answer 16

No dispute about money being owed and/or the amount of money that is owed

Question 17

Unliquidated Debt

Answer 17

There is a dispute about money being owed and/or the amount of money that you owe

Question 18

Accord and Satisfaction

Answer 18

once you pay the money

Question 19

Unilateral Mistake

Answer 19

When one of the parties makes a mistake about a basic assumption on which the contract is made, and the other party has a reason to know

Question 20

Mutual Mistake

Answer 20

When both of the parties are mistaken about a basic assumption on which a contract is made

Question 21

Duress

Answer 21

occurs when one party induces another party to enter into a contract based on some wrongful act or threat

Question 22

Capacity

Answer 22

the ability to contract

Question 23

Procedural Unconscionability

Answer 23

the circumstances surrounding the agreement or language in the contract are unfair

Question 24

Expectation Damages

Answer 24

applied when compensating a victim of a breached contract and they are awarded in order to place the harmed party in the position he would have been in had the breach not occurred.

Question 25

Reliance Damages

Answer 25

the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. intended to put the injured party in the position they would have been in had the contract never been made in the first place.

Question 26

Statute of Frauds

Answer 26

the requirement that certain kinds of contracts be memorialized in a writing, signed by the party to be charged, with sufficient content to evidence the contract.

Question 27

Parol Evidence Rule

Answer 27

A common law rule which states that oral evidence of an agreement made prior to or contemporaneously with a written agreement is inadmissible when the parties intend to have the written agreement be the complete and final version of their agreement.

Question 28

Partially Integrated Contract/Agreement

Answer 28

a written contract that includes some but not all of the terms of the agreement

Question 29

Completely Integrated Contract/agreement

Answer 29

A written contract that includes all of the terms agreed to by the parties

Question 30

Obligor

Answer 30

A contractual party who agrees to do something for the other party.

Question 31

Delegator

Answer 31

A party in a contract who transfers his or her duties to perform to a third party who is not a part of the original contract (a delegatee).

Question 32

Assignor

Answer 32

In a contract, the party who transfers his or her rights to a contract to a third party (an assignee), giving the assignee the right to collect what was contractually agreed on in the original contract.

Question 33

4th, 5th, 6th Amendments

Answer 33

PACKET

Question 34

Seizure

Answer 34

when an officer by means of physical force or show of authority intentionally terminates or restrains a person’s freedom of movement

Question 35

Search

Answer 35

Occurs when the government’s conduct violates a reasonable expectation of privacy

Question 36

Terry Stop

Answer 36

an officer can stop an individual when the officer has a reasonable suspicion based on articulable facts to believe the individual is or was involved in criminal behavior

Question 37

Larceny

Answer 37

The taking of another’s property with the intent to permanently deprive the owner of said property

Question 38

Rape

Answer 38

the unlawful sexual intercourse with a female. | sex with a minor who has not reached the age of majority (18 years old)

Question 39

Robbery

Answer 39

larceny plus force or intimidation

Question 40

Arrest

Answer 40

The action in which the police, or a person acting under the law, seize, hold, or take an individual into custody.

Question 41

Indictment

Answer 41

A finding by the grand jury that there is evidence to charge the defendant and bring him or her to trial.

Question 42

Extortion

Answer 42

Obtaining property through the threat of future harm or exposing information

Question 43

Mistake of Fact

Answer 43

Occurs when the defendant acted on an incorrect assumption of fact rather than for a criminal purpose

Question 44

Mistake of Law

Answer 44

Lack an awareness or knowledge that your actions constitute a crime

Question 45

Arson

Answer 45

The crime of intentionally setting fire to another's property.

Question 46

Bench Trial

Answer 46

A trial before a judge, with the judgment decided by the judge rather than a jury; occurs when the defendant has waived his or her right to a jury trial.

Question 47

Mens rea

Answer 47

“guilty mind” Mental element required at the time was committed

Question 48

Miranda rights

Answer 48

The rights that are read to an arrested individual by a law enforcement agent before the individual is questioned about the commission of the crime.

Question 49

Strict liability offense

Answer 49

An offense for which no mens rea is required.

Question 50

M'Naghten Rule

Answer 50

The defendant does not know right from wrong. -Due to a mental disease or defect, at the time of the offense the defendant lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act

Question 51

Irresistible Impulse Rule

Answer 51

The defendant acted due to an irresistible impulse | -Due to a mental illness, the Defendant was unable to control his actions or conform his conduct to the law

Question 52

Model Penal Code Rule

Answer 52

A combination of M-Naghten & Irresistible Impulse. -As a result of the defendant's mental illness, the defendant lacked the capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law

Question 53

Durham Rule

Answer 53

But for his mental illness, the defendant would not have acted -Defendant's conduct was product of a mental illness

Question 54

Exclusionary Rule

Answer 54

the remedy we have when our rights are violated • If evidence is obtained illegally in violence of our 4th, 5th, or 6th amendment rights, that evidence cannot be used at trial