Fall Final Exam Vocab Flashcards
consideration
what is being exchanged in the contract
offeror
person who makes an offer
counteroffer
offer made instead of the original offer—once counteroffer is made, the original offer is void, and you can’t try to accept the original one
unilateral
one-sided offer
F.O.B.
Free On Board
buyer is responsible for any damage that happens to product along the way
infant
a minor/person under 18 years old
bad faith
having dishonest/deceitful intentions when making an agreement
scienter
knowing something is wrong/illegal while doing it
ambiguity
the expressions of the parties are susceptible to >1 interpretation, so there’s some uncertainty to the meaning
good faith
implied condition in all contracts not to hinder the other party’s performance
revocation
taking back an offer
specific performance
when the court tells someone to do a specific thing
real estate
land property
bilateral
two-sided agreement
stare decisis
lower courts have to follow precedent case rules
fraud
wrongful/criminal deception
nominal consideration
small amount of money or value given in a contract to make it legally binding
latent
something that’s not immediately obvious, or hidden
implied-in-fact
agreement based on actions, even if it was never actually discussed
capacity
capability
performance
what’s done in order to seal the contract
offeree
person to whom the offer is made to
mutual promise
how you accept a bilateral offer
Statute of Frauds
statute that requires some contracts to be written (specifically, contracts regarding real property & actions that cannot be performed in under a year)
unconscionability
a deal that’s so unfair a court might not allow it
concurrence
when a judge agrees with the ruling but not with the reasoning
patent
something that is obvious
implied-in-law
when a court intervenes to ensure things are fair, like when something seems too good to be true
duress
agreeing to something only because the person is under a lot of pressure (e.g. A is holding a gun at B’s head and will shoot B if they say no)
tacking
adding how much time someone else used that land to the amount of time you’ve used it, in order to try to gain adverse possession
color of title
a document that says it gives ownership to someone, but it’s flawed
adverse possession
A—Actual possession–>Did they live there?
O—Open & notorious–>not hidden & used as if they were the real owner
C—Continuous (for the statutory period; is tacking allowed?)
A—Adverse
statutory period
set amount of time required to gain adverse possession
causa mortis
cause of death
life estate
type of property ownership where someone has the right to use & live on a property for their lifetime
escheat
when property becomes the government’s because the owner died intestate & the owner has no heirs to inherit the property
disclaimer
declining part of an inheritance; once done, it’s irrevocable
holographic
informal, handwritten will
bequest
when someone leaves something for someone else in their will
finder (legal term)
someone who finds something, and it must be:
abandoned
not buried
finder isn’t trespassing
finder isn’t a servant/employee
finder found item in a public area
Maine Doctrine
you MUST know something isn’t yours in order to gain adverse possession
encroachment
gradual intrusion on someone else’s property
inter vivos
a gift made while the giver is still alive
remainder
what’s left
heir
someone who inherits something
intestate
a person who dies without a will
title
legal right to own something
abandonment
requires intent to no longer exercise dominion or control over
Connecticut Doctrine
you CAN think something is yours (but it actually isn’t) in order to gain adverse possession
constructive knowledge
you should know this based on the circumstances
fee simple
most complete form of property ownership, where owner has full control over the land and can use, sell, or pass it on to heirs
primogeniture
old rule where firstborn son gets most, if not all, of the inheritance
constructive trust
when a court decides someone must give property they unfairly hold to the rightful owner
probate
courts that handle will/property distribution
testator
person who makes a will
nominal (damages)
small amount of money awarded to a plaintiff when a legal wrong has occurred, but no substantial harm or financial loss was caused
joint and several liability
prima facie
literally means “first face”
elements a plaintiff must prove to win
in loco parentis
in the place of (a) parent(s)
causation in fact
actual evidence or facts
directed verdict
concurrent cause
foreseeability
how expected it is for X to happen because of Y (basically predictability)
compensatory
damages meant to make plaintiff whole
old rule: contributory negligence
If defendant proves any contribution, plaintiff gets nothing
pure contributory negligence
fault is allocated no matter who is at fault
mixed contributory negligence
plaintiff recovers damages UNLESS they are more at fault
proximate cause
an event/action that is so closely related to an injury that the law considers it to be the primary cause of the injury
Federal Rules of Evidence
govern the admission/exclusion of evidence in most proceedings of the US
“concert of action”
an action that has been planned, arranged, and agreed upon by parties acting together to further a scheme/cause
all involved are liable for the actions of one
intervening cause
an event that occurs after a party’s improper/dangerous action & before the damage that could otherwise have been caused by dangerous act
punitive
res ipsa loquitur
respondeat superior
company can be held liable for employee’s actions
reasonable care
amicus briefs
the “Frye” test
“market share”
percentage of total sales in an industry generated by a particular company
superseding cause
butfor test
substantial factor test
4 elements of the Rescue Doctrine
Good Samaritan Rule
battery
act, intent, harmful touch, causation
assault
act, intent, fear/apprehension of plaintiff, causation
IIED
Intentional Infliction of Emotional Distress
false imprisonment
act, intent, obstruction/detention of plaintiff, causation
