Law for Business and Personal Use Final

Question 1

Stare Decisis/Precedent

Answer 1

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.

Question 2

Jurisdiction

Answer 2

Is the power of a court to decide a case that are important.

Question 3

Levels of government and names for laws at each level

Answer 3

• Local (Ordinance)
• State (Statues)
• Federal (Statues)

Question 4

Injunction

Answer 4

Is an order that stops something from getting done such as the Chancellor issues an injunction to stop a dam from being constructed.

Question 5

Privacy

Answer 5

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.

Question 6

Due Process of Law

Answer 6

Is a constitutional requirement for fundamental fairness in our legal and court system. Occurs from being arrested to trial.

Question 7

Bill of Rights: 1st, 4th, and 5th Amendments

Answer 7

• 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.

Question 8

Mediator vs Arbitrator

Answer 8

• The Mediator tries to develop a solution that is acceptable to both sides of the dispute.
• The Arbitrator is legal binding decision.

Question 9

Juvenile Courts

Answer 9

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.

Question 10

Trial Courts

Answer 10

Are the first courts hear disputes.

Question 11

Appellate Courts

Answer 11

Are the courts the reviews decisions of the lower courts when a party claims an error was made during the lower courts proceedings.

Question 12

Vicarious Criminal Liability

Answer 12

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.

Question 13

Procedural defenses vs. Substantive defenses

Answer 13

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.

Question 14

Probable cause

Answer 14

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.

Question 15

Miranda Rights (rights when arrested) and the rights when accused

Answer 15

(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.

Question 16

Conversion

Answer 16

Is selling Stolen Property

Question 17

Assault and Battery

Answer 17

• 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.

Question 18

Negligence

Answer 18

Is a type of Tort Law where people were careless about their actions.

Question 19

Injunction (Court Order)

Answer 19

Is a court order for a person to do or don’t do a particular act, a example is a restraining order.

Question 20

Fraud

Answer 20

It occurs when there is an intentional misrepresentation of an existing important fact (lie).

Question 21

Remedies in civil lawsuits

Answer 21

Is where a court of law enforces a right, imposes a penalty, or makes another court order to impose its will.

Question 22

Strict Liability

Answer 22

Is holding a defendant liable without a showing of negligence.

Question 23

Requirements of a Contract

Answer 23

1. Offer and Acceptance - mirror image rule
2. Genuine Assent which can’t have any fraud
3. Legality- legal exchange and legal goods and services. Good example: Casey’s donuts from store. Bad Example: Drug Deals
4. Consideration- the item has a legal value
5. Capacity over 18 years, NOT intoxicated, mental capacity
6. Writing - statute of Frauds must be in writing for Certain Contracts

Question 24

Unilateral Contracts vs. Bilateral Contracts

Answer 24

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.

Question 25

Revocation

Answer 25

Is to take back the offer BEFORE being accepted.

Question 26

Rejecting an Offer

Answer 26

Is where someone doesn’t accept or doesn’t want to renew as they can offer a different offer.

Question 27

Counteroffer

Answer 27

Is changing the role of the offeror or the offeree and must accepted each time.

Question 28

Mirror Image Rule

Answer 28

Is where all terms of a contract must meet all of the terms stated.

Question 29

Duress vs. Undue influence

Answer 29

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.

Question 30

Fraud

Answer 30

Fraud is an intentional misrepresentation of an existing important act.

Question 31

Misrepresentation

Answer 31

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.

Question 32

Unilateral and Bilateral Mistakes

Answer 32

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.

Question 33

Forebearance/Detriment

Answer 33

Is choosing NOT to do something you can do legally and proves consideration

Question 34

How to make a gift enforceable

Answer 34

Is when the gift is received or a plan is in place.

Question 35

Promissory Estoppel

Answer 35

Is reasonably relied on promise and must be carried out.

Question 36

The 3 Groups who lack contractual capacity

Answer 36

• Minors under 18 years old (Ratification)
• Mentality Incapacitated (Emancipation)
• Intoxicated (being drunk)

Question 37

Which contracts minors Cannot disaffirm

Answer 37

• Court Approved Contracts
• Major Commitments
• Banking Contracts
• Insurance Contracts
• Work Related Contracts

Question 38

Ratification

Answer 38

Is acting towards the contract even though one tends to follow it.

Question 39

Necessaries

Answer 39

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.

Question 40

Unconscionable contracts

Answer 40

Are grossly unfair Contracts as one party tries to manipulate the other party and is considered VOID.

Question 41

Types of money damages

Answer 41

• 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.

Question 42

Annulment vs. Divorce

Answer 42

• 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.

Question 43

Prenuptial Agreement

Answer 43

Is a contract prior to marriage in the event of divorce and one party gets to keep the assets listed.

Question 44

Remedies for Major Contractual Breaches

Answer 44

1. Recession to end the contract and you get to return what you invested in.
2. Damages (Money)
3. Specific Performance is to force someone to do something.