Final

Question 1

Precedent

Answer 1

Concept that judges must decide cases based on prior cases; only binding on lower courts

Question 2

Common Law

Answer 2

accumulation of precedent based on case after case between actual people

Question 3

doctrine of stare decisis

Answer 3

“let the decision stand” provides that courts decide cases based on legal principles adopted in previous similar cases

Question 4

U.S. Constitution

Answer 4

• supreme law of the land
• under 100 cases from the public

Question 5

Treaties

Answer 5

an agreement between two sovereign nations, must be approved by 2/3 vote of the senate

Question 6

Criminal Law

Answer 6

Prosecution: state/government enforces criminal violations
Burden of proof: must be found guilty beyond a reasonable doubt
felony: penalty for jail time is over one year
misdemeanor: penalty for jail time is under one year
Examples: embezzling money, stealing a car

Question 7

Civil Law

Answer 7

private: lawsuits between private parties
burden of proof: preponderance of the evidence - more likely than not (50/40)
damages: money damages NEVER incarceration

Question 8

Jurisdiction

Answer 8

a court’s power to hear a case

Question 9

beyond a reasonable doubt

Answer 9

the very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial

Question 10

capacity

Answer 10

refers to the legal ability of a party to enter into a contract in the first case

Question 11

writings (written contract requirements - statute of frauds)

Answer 11

a contract does NOT need to be in writing to be enforceable. Some under the common law needs to be in writing

Question 12

consideration

Answer 12

to have a valid contract, it must be supported by mutual consideration

Question 13

contract requires what 7 seven things

Answer 13

1. offer
2. acceptance
3. consideration
4. legality
5. capacity
6. consent
7. writing

Question 14

Requirements for promissory estoppel

Answer 14

• the defendant made a promise knowing that the plaintiff would likely rely on it
• the plaintiff did rely on the promise, and
• the only way to avoid injustice is to enforce the promise

Question 15

Auctions (with reserve)

Answer 15

auctioneer reserves the right to remove an item if the bid is not big enough reserves even if the hammer slams

Question 16

auctions (without reserve)

Answer 16

auctioneer is making an offer to sell an item to the highest bidder. when bidding has ended and there are no higher bids, a contact has been formed between the auctioneer and the high bidder

Question 17

what are the 4 ways to Revoke/Termination an offer:

Answer 17

1. rejection of the counteroffer
2. revocation of the offer before acceptance
3. date restriction (includes mailing before the time)
4. death/incapacitated of the person making the offer

Question 18

Mailbox rule

Answer 18

an acceptance is generally effective when it is properly dispatched when it is out of the offer’s control

Question 19

plaintiff vs defendant

Answer 19

plaintiff: the one who brings the complaint/action
defendant: the one who defends (civil or criminal law)

Question 20

VOID vs VOIDABLE

Answer 20

void: unenforceable from the start
voidable: permits one party to escape
- the law protects minors who enter into contracts under the infancy doctrine

Question 21

infancy doctrine

Answer 21

a minor may disaffirm a contract while he is a minor and for a reasonable time after reaching the age of majority can create only a voidable contract

Question 22

rationale of minor in contracts

Answer 22

• not old enough to understand the nature and consequences of the agreement they make
• the law protect to take advantage of those who aren’t mature enough to understand

Question 23

Exceptions/Clarification to the Infancy Doctrine

Answer 23

Necessaries of Life: if a minor enters into a contract for a necessary, than he still has the right to disaffirm the contract BUT he is liable for the reasonable value of the goods or services received

Ratification: after turning 18, then they have no longer have the right to disaffirm even within a reasonable time after turning 18

Intoxication: when a person is intoxicated the contract is VOIDABLE

(mentally impaired person need psychiatric evidence of lack of capacity. AN EXCEPTION is the adjudicated incompetent means all future agreements are void

Question 24

Consent

Answer 24

a claim that no contract was formed because you lacked essential information, usually because of fraud, mistake, duress, or under the influence

Question 25

Elements of Fraud in Contract

Answer 25

- defendant made a false statement of fact - false statement was material - the injured party justifiably relied on the statement

Question 26

Exceptions/Caveats to Fraud

Answer 26

- defendant made a false statement of material fact - defendant did not make the statement with the intent to decieve - plaintiff justifiably relief on the statement - plaintiff suffered financial injury as a result of the false statement

Question 27

Fraud in contract there are 3 types:

Answer 27

rescind the contract sue for damages both

Question 28

Unilateral mistake

Answer 28

one person enters into a contract under a mistaken assumption and the other is NOT mistaken General rule: the contract is NOT voidable

Question 29

mutual mistake

Answer 29

occurs when both contract parties share the same mistake General rule: contract is VOIDABLE by either one

Question 30

duress

Answer 30

rule: if one party makes an improper threat that causes the victim to enter into a contract, and the victims had no reasonable alternative, the contract is voidable

Question 31

the doctrine of freedom of contract

Answer 31

the legal principle that provides that, in general, people can enter into a contract on whatever terms they choose

Question 32

a contract is illegal IF:

Answer 32

- gambling contracts (except a state lottery) - no contract with illegal gambling - contracts in violation of licensing statutes

Question 33

valid contract

Answer 33

one that satisfies all of the laws requirements

Question 34

unenforceable contract

Answer 34

when the parties intend to form a valid bargain, but a court declares that some rule of law prevents enforcing it

Question 35

voidable contract

Answer 35

when the law permits one party to terminate a contract

Question 36

void agreement

Answer 36

when neither party can enforce a bargain, usually because it is illegal or against public policy

Question 37

express contract

Answer 37

two parties explicitly state all the important terms of their agreement

Question 38

quasi contract

Answer 38

concept: defender receives a benefit from the plaintiff and retaining that benefit would be unfair

Question 39

quantum merit

Answer 39

the plaintiff gets the value of the benefit conferred or, "as much as he deserves"

Question 40

A plaintiff may NOT enforce these types of agreements unless 1) the agreement, or some memorandum of it, is in writing and 2) signed by the defendant:

Answer 40

For the transfer of an interest in land; That cannot be performed within a year; In which a party promises to pay the debt of another; Made by an executor of an estate to pay a debt of the estate; Made in consideration of marriage; For the sale of goods $500.00 or more; Goods under the UCC; all things that are moveable

Question 41

what is the rule for agreements that cannot be performed in one year

Answer 41

rule: contracts that cannot be performed in less than one year are unenforceable unless they are in writing

Question 42

holding/reasoning

Answer 42

it is enough that something is promised, done, forborne, or suffered by the party to whom the promise is made as consideration for the promise made to him