mid term Flashcards
Morals
Views of what is right and wrong
Ethics
Justification for moral positions
Cost-benefit model
what situation or action will have the most benefit or least destructive
Rights model
what action that appeals most to human rights
Justice
o Capitalism
states anything that creates competition is just
Justice
Marxism
states no one should be left in the dust
Fiduciary
some one who possesses property belonging to another or occupies a position of power and confidence regarding the property of another. AKA watch out for your partner and be loyal
Jurisprudence
the study of legal philosophy.
Idealist conception of law (natural law)
Law is ordained by nature in human experience. (definite right vs. wrong) aka MLK jr
Positivist conception of law
law is a body of rules (a law has to be enforced), aka Lewis
Historical Conception
if people over a long period of time believe in the same thing, it becomes law
Sociological Conception
laws are a reflection of the times
Realist conception
Law is how it is enforced
Economic conception
anything that promotes good economy is law
Critical Conception
Laws is under the philosophy of the judges, Law is a constant evaluation and reevaluation
Stare Decisis
“let the law stand” a policy that past judicial decisions are applied to help decide current cases
Non-feasance
not doing something
Mal feasance
doing something wrong
Res Judicata
when a case cannot generally be reopened after it has already been decided even if rule of law changes. “It has been decided”
Attorney and client privilege
anything said between the attorney and client is confidential, unless attorney knows that the client is going to hurt someone.
The fifth amendment
the right to not being able to incriminate oneself
Double jeopardy
you cannot be tried for the same crime twice, in criminal cases.
Pleeing stage
when you are suing someone, the other party has to know. They receive a summons and a complaint
Complaint
when the plaintiff can prove everything in the complaint the defendant must compensate the plaintiff
Counter claim
when the defendant sues the plaintiff right back
Third party complaint
when you are being sued and you sue someone else for the reason your being sued
Discovery process
all information must be shared between all parties, this expedites the legal process
Request for admission
a question when only an admission or denial can be in the answer
Deposition
can observes witnesses testaments before case, allowing the attorneys to question the witness
Mediation
one party called mediator, sits with parties and tries to help find a resolution while being neutral, does not have power of decision
Contract
a promise returned for a promise
Firm offer
offer by a merchant to buy or sell goods, To accept an offer, you have to fallow exact terms set forth
Unilateral Contract
individual performs on offer set forth
Bilateral contract
acceptance by both parties
Consideration
a promise made within the contract
Breach of contract
When a party does not provide full consideration
Past consideration
If one party already does something, pre existing duty, it cannot be considered for an offer
Implied-in-law/ Quasi-contract
there is not contract, but the court will treat it as one
Express contract
a contract where terms are explicitly stated
Implied contract
a contract when both parties have not agreed about is implied that promises are made
Illegal contracts
contacts that are illegal, you cannot enforce it
Valid Contracts are..
Leagal and enforcable
Void contracts are……
illegal in someway and cant be enforced
Contracts that are “Voidable” are…
legal at face value, but in some way could be void
Contracts are void because of Capacity
when a party doesn’t have the mental or becoming of age to make a “rational decision,”
Contracts are void because of Rescission
when everything and everyone is put back the where it started before the void contract
Contracts are void because of Ratify
if someone who is ineligible to have a contract, keeps acting on agreements of contract even after they become eligible.
Contracts are void because of Misrepresentation
when a party agrees on something that is not true
Contracts are void because of Duress
party is forced to sign a contract, physically or economically
Contracts are void because of • Undue influence
party substitutes their influence for someone else’s into signing a contract
Contracts are void because of Mutrall mistake
There is not a meeting of minds and the contract is voided
Conditions Precedent
Something or a event has to happens before a contract can be valid
Contracts are NOT void because of a Unilateral mistake
(one party makes a mistake) will not void the contract
Condition Subsequent
Something that can happen after the contract that could void the contract
Parol evidence
when the parties intend the contract to be final and complete, no prior representations or agreements are valid
Substantial Performance
The recovery will be a reasonable for the job that has been performed
Specific Performance
- “I want the party to do what they contracted to do because it will be unique.” Performance could be excused because of improbable performance situations
Rescission
This happens when parties are put back two where they started before the contract
Mitigate damages
Lessen or make smaller, when one party goes against the contract, you have the obligation to mitigate the damages
Liquidated damages
If the damages are undeterminable, they are liquidated. Ex, if your in a car crash and break your arm, your claim is liquidated
Third party beneficiary
When two people make a contract, someone else benefits from the contract.
“as long as the third party is in the intended benefit of the contract, that party can enforce the contract”
Two different kinds of third party beneficiary
Donee- does not provide service
Creditor- provides a service within the contract
