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BLS 342 > Exam 2 Terms > Flashcards

Exam 2 Terms Flashcards

1
Q

Contract

A

an agreement creating obligations enforceable by law

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2
Q

Offer

A

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

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3
Q

Acceptance

A

a manifestation to be bound by the terms of the agreement

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4
Q

Consideration

A

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

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5
Q

Uniform Commercial Code

A

the body of laws governing commercial transactions in the US.

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6
Q

Article II of the UCC

A

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

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7
Q

Unilateral Contract

A

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

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8
Q

Bilateral Contract

A

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

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9
Q

Assignment

A

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.

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10
Q

Delegation

A

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

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11
Q

Void

A

the transaction is treated as if it never existed

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12
Q

Voidable

A

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

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13
Q

Mailbox Rule

A

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

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14
Q

Counteroffer

A

an offer made in response to another

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15
Q

Mirror Image Rule

A

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.

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16
Q

Liquidated Debt

A

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

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17
Q

Unliquidated Debt

A

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

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18
Q

Accord and Satisfaction

A

once you pay the money

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19
Q

Unilateral Mistake

A

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

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20
Q

Mutual Mistake

A

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

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21
Q

Duress

A

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

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22
Q

Capacity

A

the ability to contract

23
Q

Procedural Unconscionability

A

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

24
Q

Expectation Damages

A

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.

25
Q

Reliance Damages

A

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.

26
Q

Statute of Frauds

A

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.

27
Q

Parol Evidence Rule

A

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.

28
Q

Partially Integrated Contract/Agreement

A

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

29
Q

Completely Integrated Contract/agreement

A

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

30
Q

Obligor

A

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

31
Q

Delegator

A

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).

32
Q

Assignor

A

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.

33
Q

4th, 5th, 6th Amendments

A

PACKET

34
Q

Seizure

A

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

35
Q

Search

A

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

36
Q

Terry Stop

A

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

37
Q

Larceny

A

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

38
Q

Rape

A

the unlawful sexual intercourse with a female.

sex with a minor who has not reached the age of majority (18 years old)

39
Q

Robbery

A

larceny plus force or intimidation

40
Q

Arrest

A

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

41
Q

Indictment

A

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

42
Q

Extortion

A

Obtaining property through the threat of future harm or exposing information

43
Q

Mistake of Fact

A

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

44
Q

Mistake of Law

A

Lack an awareness or knowledge that your actions constitute a crime

45
Q

Arson

A

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

46
Q

Bench Trial

A

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.

47
Q

Mens rea

A

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

48
Q

Miranda rights

A

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.

49
Q

Strict liability offense

A

An offense for which no mens rea is required.

50
Q

M’Naghten Rule

A

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

51
Q

Irresistible Impulse Rule

A

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

52
Q

Model Penal Code Rule

A

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

53
Q

Durham Rule

A

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

54
Q

Exclusionary Rule

A

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

BLS 342 (4 decks)

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