Final Flashcards
Precedent
Concept that judges must decide cases based on prior cases; only binding on lower courts
Common Law
accumulation of precedent based on case after case between actual people
doctrine of stare decisis
“let the decision stand” provides that courts decide cases based on legal principles adopted in previous similar cases
U.S. Constitution
- supreme law of the land
- under 100 cases from the public
Treaties
an agreement between two sovereign nations, must be approved by 2/3 vote of the senate
Criminal Law
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
Civil Law
private: lawsuits between private parties
burden of proof: preponderance of the evidence - more likely than not (50/40)
damages: money damages NEVER incarceration
Jurisdiction
a court’s power to hear a case
beyond a reasonable doubt
the very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial
capacity
refers to the legal ability of a party to enter into a contract in the first case
writings (written contract requirements - statute of frauds)
a contract does NOT need to be in writing to be enforceable. Some under the common law needs to be in writing
consideration
to have a valid contract, it must be supported by mutual consideration
contract requires what 7 seven things
- offer
- acceptance
- consideration
- legality
- capacity
- consent
- writing
Requirements for promissory estoppel
- 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
Auctions (with reserve)
auctioneer reserves the right to remove an item if the bid is not big enough reserves even if the hammer slams
auctions (without reserve)
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
what are the 4 ways to Revoke/Termination an offer:
- rejection of the counteroffer
- revocation of the offer before acceptance
- date restriction (includes mailing before the time)
- death/incapacitated of the person making the offer
Mailbox rule
an acceptance is generally effective when it is properly dispatched when it is out of the offer’s control
plaintiff vs defendant
plaintiff: the one who brings the complaint/action
defendant: the one who defends (civil or criminal law)
VOID vs VOIDABLE
void: unenforceable from the start
voidable: permits one party to escape
- the law protects minors who enter into contracts under the infancy doctrine
infancy doctrine
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
rationale of minor in contracts
- 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
Exceptions/Clarification to the Infancy Doctrine
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
Consent
a claim that no contract was formed because you lacked essential information, usually because of fraud, mistake, duress, or under the influence
Elements of Fraud in Contract
- defendant made a false statement of fact
- false statement was material
- the injured party justifiably relied on the statement
Exceptions/Caveats to Fraud
- 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
Fraud in contract there are 3 types:
rescind the contract
sue for damages
both
Unilateral mistake
one person enters into a contract under a mistaken assumption and the other is NOT mistaken
General rule: the contract is NOT voidable
mutual mistake
occurs when both contract parties share the same mistake
General rule: contract is VOIDABLE by either one
duress
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
the doctrine of freedom of contract
the legal principle that provides that, in general, people can enter into a contract on whatever terms they choose
a contract is illegal IF:
- gambling contracts (except a state lottery)
- no contract with illegal gambling
- contracts in violation of licensing statutes
valid contract
one that satisfies all of the laws requirements
unenforceable contract
when the parties intend to form a valid bargain, but a court declares that some rule of law prevents enforcing it
voidable contract
when the law permits one party to terminate a contract
void agreement
when neither party can enforce a bargain, usually because it is illegal or against public policy
express contract
two parties explicitly state all the important terms of their agreement
quasi contract
concept: defender receives a benefit from the plaintiff and retaining that benefit would be unfair
quantum merit
the plaintiff gets the value of the benefit conferred or, “as much as he deserves”
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:
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
what is the rule for agreements that cannot be performed in one year
rule: contracts that cannot be performed in less than one year are unenforceable unless they are in writing
holding/reasoning
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
