Law for Business and Personal Use Final Flashcards
Stare Decisis/Precedent
Stare Decisis is Latin for “To stand by things decided”. It is a doctrine of precedent. It that requires lower courts to follow existing case law in deciding similar cases.
Jurisdiction
Is the power of a court to decide a case that are important.
Levels of government and names for laws at each level
- Local (Ordinance)
- State (Statues)
- Federal (Statues)
Injunction
Is an order that stops something from getting done such as the Chancellor issues an injunction to stop a dam from being constructed.
Privacy
Right to Privacy – what constitutes as invasion of privacy
Is referring to the concept that one’s personal information is protected from public scrutiny. A example of invasion of privacy is Government invades someone’s home without notice.
Due Process of Law
Is a constitutional requirement for fundamental fairness in our legal and court system. Occurs from being arrested to trial.
Bill of Rights: 1st, 4th, and 5th Amendments
- 1st Amendment: Congress doesn’t make laws that promote one religion protecting the freedom of speech, press, and the right to protest.
- 4th Amendment: This Amendment prevents governments from unreasonable search and seizure of the property of US citizens. If a search is warranted, then it needs a probable cause for reasons to search that citizen.
- 5th Amendment: Is where no person shall answer for Capital crimes unless presented to a Grand Jury.
Mediator vs Arbitrator
- The Mediator tries to develop a solution that is acceptable to both sides of the dispute.
- The Arbitrator is legal binding decision.
Juvenile Courts
Juvenile Courts are courts that handle cases for people below the age of 18 and some can be tried as early as 10 years old, they emphasized on rehabilitation not punishment. However if the person fails rehabilitation or does serious crimes then tried as a Adult.
Trial Courts
Are the first courts hear disputes.
Appellate Courts
Are the courts the reviews decisions of the lower courts when a party claims an error was made during the lower courts proceedings.
Vicarious Criminal Liability
Is where the corporate employee commits a crime, the corporate officers are also accountable of their crimes too even if they didn’t did it.
Procedural defenses vs. Substantive defenses
Procedural Defenses are based on problems with the way evidence is obtained or the way an accused while Substantive Defenses disapproves, justify, or excuse the alleged crime.
Probable cause
Is a reasonable ground for belief to say it’s ok to have that person arrested. Indicator that your violating laws in certain ways like smell or surroundings.
Miranda Rights (rights when arrested) and the rights when accused
(Are rights when you are arrested) is where the police give the right to remain silent and anything you say can be used as evidence.
Conversion
Is selling Stolen Property
Assault and Battery
- Assault occurs when one person threatens someone physically or offensively injure them.
- Battery is harmful or offensive touching of someone such as harming women in the workforce.
Negligence
Is a type of Tort Law where people were careless about their actions.
Injunction (Court Order)
Is a court order for a person to do or don’t do a particular act, a example is a restraining order.
Fraud
It occurs when there is an intentional misrepresentation of an existing important fact (lie).
Remedies in civil lawsuits
Is where a court of law enforces a right, imposes a penalty, or makes another court order to impose its will.
Strict Liability
Is holding a defendant liable without a showing of negligence.
Requirements of a Contract
- Offer and Acceptance - mirror image rule
- Genuine Assent which can’t have any fraud
- Legality- legal exchange and legal goods and services. Good example: Casey’s donuts from store. Bad Example: Drug Deals
- Consideration- the item has a legal value
- Capacity over 18 years, NOT intoxicated, mental capacity
- Writing - statute of Frauds must be in writing for Certain Contracts
Unilateral Contracts vs. Bilateral Contracts
Unilateral Contracts: Is the person’s performance of in a contract.
Bilateral Contracts: Is typical lay between two parties for a decision such as mowing the lawn.
Revocation
Is to take back the offer BEFORE being accepted.
Rejecting an Offer
Is where someone doesn’t accept or doesn’t want to renew as they can offer a different offer.
Counteroffer
Is changing the role of the offeror or the offeree and must accepted each time.
Mirror Image Rule
Is where all terms of a contract must meet all of the terms stated.
Duress vs. Undue influence
Duress: Is a threat/pressure to contract
- Threat of illegal conduct, threat to report crimes
- Threat to sue; economic threat (not warranted)
Undue Influence: Is a established relationship with an authority figure that is used to persuade the contract in favor of the other party.
Fraud
Fraud is an intentional misrepresentation of an existing important act.
Misrepresentation
Innocent Misrepresentation is unintentional and the contract becomes void.
Fraudulent Misrepresentation is intentional, the contract is void. The party can rescind and sue for punitive damages.
Unilateral and Bilateral Mistakes
Unilateral Mistake: Is where one party makes a mistake and the contract is valid unless fraud or misrepresentation.
Bilateral Mistakes: Is where both parties make a mistake and the contract becomes void.
Forebearance/Detriment
Is choosing NOT to do something you can do legally and proves consideration
How to make a gift enforceable
Is when the gift is received or a plan is in place.
Promissory Estoppel
Is reasonably relied on promise and must be carried out.
The 3 Groups who lack contractual capacity
- Minors under 18 years old (Ratification)
- Mentality Incapacitated (Emancipation)
- Intoxicated (being drunk)
Which contracts minors Cannot disaffirm
- Court Approved Contracts
- Major Commitments
- Banking Contracts
- Insurance Contracts
- Work Related Contracts
Ratification
Is acting towards the contract even though one tends to follow it.
Necessaries
Are things needed for survival such as food, clothing, and shelter. Can’t be disaffirm if you break it and attempt to return it won’t work.
Unconscionable contracts
Are grossly unfair Contracts as one party tries to manipulate the other party and is considered VOID.
Types of money damages
- Compensation is to compensate for loss of Money or Damages and put back in the original financial state.
- Consequential is an injury (financial/personal injury) was foreseeable with Breech
- Punitive is to punish and prevent
- Liquidation is included in the contract when a breach occurs
- Nominal is a small amount owed usually to cover Court costs.
Annulment vs. Divorce
- Annulment is where something is not true and the contract becomes void.
- Divorce is where the contract is changed and becomes dissolved which both parties decide to divide the assets.
Prenuptial Agreement
Is a contract prior to marriage in the event of divorce and one party gets to keep the assets listed.
Remedies for Major Contractual Breaches
- Recession to end the contract and you get to return what you invested in.
- Damages (Money)
- Specific Performance is to force someone to do something.
