B-Law Final

Use your lawyer an excuse

"my lawyer won't let me sign this!"

Know what each element means

*thumbs up*

When should K be in writing?

-Deal id crucial to your life/business -The terms are complex -You do not have an ongoing relationship of trust w/ the other party

When is assignment prohibited

-substantially changing obligors rights/duties under K -Is forbidden by law or public policy -Validly precluded K itself

Contracts that cannot be performed within ___ (length of time) must be in writing

1 year

UCC damages

?

Mirror Image Rule

A common law rule that requires, for a valid contractual agreement, that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer.

Define jurisdiction

A court's power to hear a case

When do Lawyers like to negotiate touchy subjects?

Beginning of relationship

Define and ID strict liability

D is liable, regardless of intent or mental state

Define HIPAA

Health Insurance Portability and Accountability Act of 1996

Hamer v Sidway outcome

Homer asserts that the promisee, by refraining from the use of liquor and tobacco, was not harmed, but benefited and unless the promisor was benefited, the contract was without consideration. However, it is sufficient that he restricted his lawful freedom of action within certain prescribed limits upon the faith of his uncle's agreement, and now, having fully performed the conditions imposed, it is of no moment whether such performance actually proved a benefit to the promisor, and the court will not inquire into it. Judgment reversed.

Define tort

Is a wrongful act that results in injury to one person by another.

Capacity and violability

K may only be canceled by party who lacks capacity

Define and ID Exculpatory clause

K provision that attepmpts to release 1 party from liability in the event the other in injured

Misdemeanor vs felony

Misdemeanor < 1 year prison Felony >1 year

IF a K is for personal services - like music or art - can it be delegated? What if the K is silent?

No

Define entrapment

Police tactics that overly encourage or entice individuals to commit crimes they normally would not commit

Bill of rights are which amendments?

Through 10a

If someone assigns rights, is that legally enforceable?

Yes

Define breach

a failure to adequately and/or timely perform pursuant to a contract a violation or infraction of a law or obligation

Define nominal damages

a taken sum ($1) given to P to show a breach, but no serious damages

How are ambiguities interpreted?

accidentally unclear. Court will construct against the drafter

Negligence concerns what type of harm

accidents

What do you need for capacity

adult of sound mind

Define and ID assault

an act that makes a person reasonably fear an imminent battery

Define and ID an offer

an act/statement that proposes definite terms & permits the other party to create a K by accepting those terms

ID duty to mitigate damages

an injured party may not recover from damages they could have avoided w/ reasonable efforts

What should a K title say and look like

be descriptive.

Why are ethics important

builds trust

Usary - If you charge more than allowable interest, what's the result? (depends)

cannot change excess interest on loans

Usury law purpose

cannot change excess interest on loans

Define substantive due process

certain rights are so fundamental the government may not eliminate them

Purpose of 3 branches of govt (no central person has power)

checks and balances

Contributory and comparative negligence - and which is most common

comparative- Most common, is P is slightly negligent, P's recovery is reduced contributory- id P is slightly negligent, P recovers nothing

How does minor ratify

continuing to abide by the contract

What's in the intro paragraph of a K

dates, effective, parties, nature

ID when an offer terminates

death

Be able to ID a statute

decided by courts, from case law or precedent

Define and ID direct damages vs consequential damages vs incidental damages

direct- damages that flow directly from K consequential- damages resulting from the unique circumstances if the injured party incidental- relatively minor costs that the injured party suffers when responding to the breach

What happens if a minor doesn't ratify later

disaffirm, money back

Under what circs is intrusion into someone's private life a tort?

electronically surviellance

What was the Palsgraf case about?

explosion, injured by stander. negligence

Define and ID defamation. What happens if the statement is true?

false statement that harm someone reputation

What does the 1A do and protect

freedom of religion, expression, assembly and petition

How does EU view privacy rights

fundamental

Define criminal law - who are the parties

government vs defendant Prevents certain behavior for benefit of society BRD

Wickard v Filburn - what did this case decide and how can it be applied to other farming activities

govt can regulate if it has a substantial economic effect on interstate commerce

Define ethics

how people should behave

Preexisting duty consideration?

if someone provides a service that they're already required to do

life insurance

insurance paid to named beneficiaries when the insured person dies

Define and ID battery

intentional touching of another person in a way that is harmful/offensive

ID ways we lose our privacy

intrusion

Looking at scenarios of different types of landowners, which has highest liability owed to them

invites, customers of businesses

Define common law

judge made law

Purpose of K law

legally enforceable agreeable

What happens if defects not disclosed by Seller

material vs minor

Which ADR gives most likely win-win outcome?

mediation

List/ID primary methods of ADR

mediation, settlement conferences, neutral evaluation, & arbitration

How are most cases solved?

negotiations

Can congress pass any type of law it wants?

no

If a K prohibits delegation, can duties be delegated (no)

no

Obscene speech, protected under 1A?

no

Can you assign personal injury claims? Why?

no, violation of tort law

Define and ID rejection

not accepting offer

Completed act consideration?

not basis for consideration

What is stare decisis and why was it created (predictability)

obligates courts to follow historical when deciding a similar case

ID when FOIA should be used

obtain info about myself and other info

Define ID theft and ID what it might include

obtaining someone's personal information and using information illegally

Elements of a K

offer, acceptance, consideration, capacity, legality, consent, writing

UCC - sale of goods

over $500 must be in writing

Define and ID stakeholders

person with interest, something to lose/gain

Civil case BOP

preponderance of evidence

original purpose of Statute of frauds

prevent lying

ID promissory estoppel

remedy for injured P who can show a promise, reasonable reliance, and injustice

Minor what happens if they rescind a K

return and gets money back

Purpose of FOIA

right to request access to federal records

Miranda warning helps to protect against what

self incrimination

Contract and licensing

selling the right to use some process, trademark, patent, or another right for a fee or royalty

Define IOT and what it does

sends and receives data

Past consideration

something that has been performed in the past and which, therefore, cannot be consideration for a promise made in the present

Specific performance and when available

specialized remedy used by courts ehn no other remedy will adequately compensate

Define and ID severability provision

states K will hold if one item is found void or unenforcable

Is criminal law common or statutory?

statutory

Define consideration

the exchange of something of value

Define revocation

the official cancellation of a decree, decision, or promise.

Define life principles

the rules by which you live your life

Define larceny

theft of personal property

Federal Administrative Agency rules have the effect of a statute/law

true

Why do many major companies actively encourage ethical behavior?

unethical behavior is expensive in the long term

Define and ID force majeure event

unforeseeable event that prevents someone from fulfilling K

Define liquidated damages

when it is difficult or impossible to prove the damages, write-in amount in the contact

Burning flag, protected under freedom of speech? TX v Johnson

yes, protected under the 1st amendment

If an administrative agency adjudicates a decision and you don't like it - what next?

you can appeal