HB 447 Exam 1

Contract Elements

- *Is there a formation of a contract?* (mutual assent) - *What is the breach in contract?* - *What is the remedy?* • A legally enforceable agreement between two or more competent parties to do or not to do something that is possible to be done, not unlawful, and is supported by consideration. • *Two or more parties* (MSU English cant sue MSU math bc 2 branches of same party). • Competency: 18 in all states. • When a *minor enters a contract it's a voidable contract*. • If it's a *perishable item or a necessity it cant be canceled*. 2 kinds- Express (by words) and implied-in-fact (by conduct)

Remedies

Money (economic/ non economic damages). Specific Performance Injunction

Specific Performance

• *(remedy for breach of contract)* • Equitable remedy calling for the *performance of the act promised in the contract*. • Remedy in cases where consideration is: - *Unique; scarce*; or Not available remedy in contracts for personal services.

Compensatory Damages

• *Paying off damages*. putting humpty dumpty back together.

Burden of Proof

• *Seeing a determination of fact* Standard / test utilized in a a criminal case. • Civil: Preponderance of evidence. *If there is more evidence on one side, that side wins* (51%) • *Criminal*: *Beyond reasonable doubt*: To convict a criminal defendant, a jury must be persuaded of his or her guilt to a level beyond probability (2/3). Government is responsible.

Breach of Contract (2 forms)

• 1)Non-performance (delayed) : No performance agreement. • 2) Inadequate Performance: Unreasonable performance agreement. If there is a breach of contract, the next issue becomes "what do we do about it?" Civil cases= mostly money compensation.

Statue of Frauds

• A law that requires certain *documents to be in writing*. -Nothing prohibits a contract from being in writing. -Written contract supersedes oral statements. -It is enforceable to say "any agreement between parties must be in writing", but most are NOT in writing.

Promissory Estoppel (2)

• An argument made when *something with the contract isn't complete* (one party didn't sign) and the court can allow you to get your money back for what you put into the agreement (advertising, initial cost, etc) • *No contract, just and agreement*.

State Court System

• By default is where we decide all other disputes. • Apply laws on their state only can consider constitution. • Individual citizens are most likely to be involved. Broad Jurisdiction. (Cases involving breaking of state laws).

Police Powers

• Collectively those powers that the state reserves for themselves. **(restrictions of private rights to protect public welfare, authority, security)** Part of State court system.

Felony

• Crime to which the punishment is in *excess of 1 year in jail*. • *Jury of 12*.

Appeals Courts

• Criminal and civil have automatic right. To make sure law has been properly followed. • Remanding the case means to send it back down. When someone loses a case, they automatically get the right to appeal.

Injunction

• Demanding a party to stop doing something (competition).

Liquidated Damages

• Economic *compensation* if there is a breach in a contract. • (Stating what you'll get or lose if there's a breach in the future).

Trial Courts

• Every case begins here • *Determine facts and turn to Jury.* • Decision made based on court. • *Lowest level of courts.*

Misdemeanor

• If convicted, you spend *less than a year in jail*. • *Jury of 6*.

Non Economic Damages

• Money paid to compensate someone for damages that cannot be measured or quantified (pain and suffering)

Economic Damages

• Money provided to pay for damage that can be established on an objective stand (lost wages, medical bills, replacement services)

Commerce Clause

• Serves as the *basis for upwards of 80% of all federal law that is passed*. • Article 1 section of constitution. • "Regulate commerce" • *Source of authority for government*.

Jurisdiction

• The *authority/power* of a particular *government to exercise power* of the lives of those in the jurisdiction. • The *differences between federal and state courts* are defined mainly by jurisdiction. • Refers to the kinds of cases a court is authorized to hear.

Federal Court System (3)

• The National Government is *one of limited authority*. • *Lawsuits against the United States* and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent copyright, and when the crime is done against the U.S. Gov. • When the federal government takes action, it is supreme to state laws.

Arbitration

• The process of *resolving a dispute or a grievance outside of the court system* by *presenting it to an impartial third party*.

Juries

• The role of the jury in both criminal and civil cases is to determine fact. (Not to determine the law). • *Judge interprets the law*.

Burden of Persuasion

• The standard in which the *government must prove guilt*. • *WHO must prove their case*. • *Civil= PLANTIFF* • *Criminal= PROSECUTOR*

Separation of Powers (branches)

• Three Branches: *Legislative*: Congress, Senate, House of Reps. *Executive*: President. *Judicial*: Supreme Court. • *Separation of authority* between *national and state governments*. • Bill of rights: A non-exhaustive list of our rights as people.

Statute of Limitations

• Timeframe within which a claim will be brought. • A law which *sets the maximum time after an event that legal proceedings* based on that event *may be initiated*.

Bill of Rights (4)

• To make sure Federal Government *doesn't become too powerful and encroach individual rights*. • 1st 10 amendments to the constitution. • Adopted almost *immediately after* the *constitution was ratified*. • Blanace against he power of the government. *(checks and balances)*.