BA 226 Quiz 1
What are the elements required to prove Undue Influence?
(1) A trusting or secret relationship exists between the dominant and servient parties (2) The dominant party must have unduly used their influence to persuade the servient party to enter into a contract
What does the plaintiff have to prove in a Tort of Defamation of Character?
(1) The Defendant made a untrue statement of fact about the plaintiff (2) The statement was intentionally or accidentally published in any way to a third party.
When can a contract NOT be enforced due to a Unilateral Mistake?
(1) The mistake from one party and the other party knew or should have known (2) Clerical or mathematical error that is not due to gross negligence (3) or if the mistake is so serious that enforcing the contract would be unreasonably wrong
What are the 3 elements require for an offer to be effective?
(1) The offeror must objectively intend to be bound by the offer (2) The terms of the offer must be definite or reasonably certain (3) the offer must be communicated to the offeree
What are the 5 elements to succeed in a malicious prosecution lawsuit?
(1) The plaintiff in the original lawsuit was responsible for the lawsuit (2) There was no probable cause in the first lawsuit (3) The Plaintiff brought the original lawsuit with intent to injure the original defendant (4) The original lawsuit was terminated in favor of the original defendant (5) The original defendant suffered injury as a result of the previous lawsuit.
What is Assault?
(1) The threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary.
What determines Obscene Speech?
(1) The work is marked by or arousing an immoderate or unwholesome interest or desire (2) It describes an offensive sexual conduct (3) It lacks serious literary, artistic, political, or scientific value
What are the 4 elements of fraud?
(1) The wrongdoer made a false representation of material fact. (2) The wrongdoer intended to deceive the innocent party. (3) The innocent party justifiably relied on the misrepresentation. (4) The innocent party was injured
What 3 rules allow merchants to investigate suspected shoplifters without violating false imprisonment?
(1) There are reasonable grounds for suspicion (2) Suspects are detained only for a reasonable time (3) Investigations are done in a respectable manner
What are the 3 elements of an Implied-in-law (Quasi)?
(1)The plaintiff provided property or services for the defendant. (2) The plaintiff expected to be paid by the defendant for said property or service. (3) The defendant was given an opportunity to reject the property or service but failed to do so
What is a Trial?
-7th Amendment give you a right to the a Jury Trial -Plaintiff's and Defendant's opening Statements -Each present their cases -Each can rebuttal -Closing arguements -Jury Decides -Official Judgement
What are some examples of unprotected speech?
-Dangerous -Fight words that are likely to provoke a hostile response -Violent overthrow of the government -Libel or slander language -Child pornography -Obscene speech
What kind of contracts must be in writing?
-Involving interests in real property -Cannot possibly be performed within one year -A person promises to answer for the debt or duty of another -Promises made in consideration of marriage -Sale of goods for $500 or more -Lease of goods with payments of $1,000 or more -Real estate agents' contracts -Promises to write a will -To pay debts barred by the statute of limitations or discharged in bankruptcy -To pay compensation for services rendered in negotiating the purchase of a business -Finder's fee contracts
What are some Federal agencies of Administrative Law?
-Securities and Exchange Commission -Federal Trade Commission -Administrative Law Judges
What is a Intentional Tort?
A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries. Assault, Battery, False Imprisonment,
What is a Bilateral Contract?
A contract entered into by way of exchange of the parties, "A Promise for a Promise
What is an Implied-in-Fact Contract?
A contract in which the agreement is inferred from the parties' conduct
What is a Unilateral Contract?
A contract in which the offeror's offer can be accepted only by the performance of an act by the offeree, "A Promise for an Act"
What is an Express Contract?
A contract stated in oral or written words
What is a Valid Contract?
A contract that meets all the essential elements and is enforceable by one of the parties
What is an Unenforceable Contract?
A contract the is essentially valid but there is a legal defense that presents the enforcement
What is a Voidable Contract?
A contract where one or both of the parties have the option to void the obligations in the contract.
What is a Void Contract?
A contract with no legal effect
What is the defense of the Assumption of the Risk?
A defense used against the plaintiff who knowingly and voluntarily enters into or participates in risky activity that results in injury
What is Fraudulent Misrepresentation (Fraud)?
A event that occurs when when one person consciously decides to persuade another person to rely and act on a misrepresentation
What is a Consideration?
A exchange that is bargained-for and legally sufficient.(i.e. Money, Property, Service)
What is an Arbitration?
A form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute. All evidence must be presented. The decision DOES NOT have to be based on the law
What is a Mutual Mistake of Value?
A mistake if both parties know the object of the contract but are mistaken as to its value
What is a Unilateral Mistake?
A mistake in which only one party was mistake about a material fact regarding the subject matter of a contract.
What is a Mutual Mistake of Material Fact?
A mistake made by both parties concerning a material fact the is essential to the subject matter of the contract
What is Slander?
A oral defamatory statement
What is Harm?
A plaintiff's personal injury or damage to their property that enable them to recover monetary damages for the defendant's negligence
What is Proximate Cause?
A point along a chain of event caused by the negligent party where they no longer become legally responsible for the consequences
What is Duress?
A situation in which one party threatens to do a wrongful act unless the other party enters into a contract
What is Undue Influence?
A situation in which one person takes advantage of a person's mental, emotion or physical weakness and unduly persuades that person to enter into a contract.
What is the Statute of Frauds?
A state Statute that requires certain types of contracts to be in writing. Ensures that the terms of the contract are not forgotten, misunderstood, of fabricated
What is the Rational Basis test?
A test that is NOT applied to suspected classes
What is the Intermediate Scrutiny test?
A test that is applied to suspected classes such as gender
What is the Strict Scrutiny test?
A test that is applied to suspected classes such as race, national origin, and citizenship
What is Libel?
A written defamatory statement
What are the 4 elements of a contract?
Agreement, Consideration, Contractual Capacity, and Lawful Object
What is the 14th Amendment?
All people are equally protected by the law. No state can enforce a law that gives privileges or immunities to certain citizens, nor can they deprive them of life liberty, or property without the due process of the law.
What is the defense of a Superseding or Intervening Event?
An event for which the defendant is not liable for injuries caused by the superseding or intervening events
What is Administrative Law?
Branch of law governing the creation and operation of administrative agencies
What is Contractual Capacity?
Contracts cannot be forced against the parties when entered into it without their own capacity.
What are the 4 elements of negligence?
Duty, Breach, Causation, Harm
What is Breach of Duty of Care?
Failure to exercise care or act as a reasonable person would act
What are the defenses to the Enforcement of a contract?
Genuineness of Assent and Writing and Form
What element of a negligence doesn't have to be proved under Strict Liability?
Harm
What is the Attractive Nuisances Doctrine?
Imposes liability on a landowner to children attracted onto their property by an attractive nuisance
What are the 3 branches of the US government?
Legislative, Executive, Judicial
What is Strict Liability?
Liability without fault. (1) There are certain activities that can place the public at injury even if reasonable care is taken (2) the Public should have means of compensation if such an injury occurs
What is the doctrine of Due Process?
No person shall be deprived of life, liberty, or property without the due process of the law, or the fair treatment through the normal judicial system.
What are some examples of limited speech?
Offensive and Commercial speech
What are the 3 types of business contracts
Output, Requirements, Best Efforts
What is the Free Exercise Clause?
Prohibits the government from interfering with the free exercise of religion
What is the Establishment Clause?
Prohibits the government from promoting one religion over another
What is Writing and Form?
Requires certain contracts to be in writing or in a certain form.
How are the freedoms of speech, assembly, religion, and press protected by the 1st amendment?
Speech is either fully, limited or unprotected
What are the 3 tests that are reviewed in violation of the Equal Protection Clause?
Strict Scrutiny, Intermediate Scrutiny, Rational Basis
What is the concept of Federalism?
The Constitution created the federal government. The federal government, the 50 state governments, and Washington, DC share powers in this country
What is a Malicious Prosecution?
The Defendant from the first case is now the Plaintiff in the second lawsuit and vise versa
What is Agreement?
The acceptance by the offeree. There must be mutual assent by both parites
What is an Appeal?
The action to try and overturn a decision after a trial court's judgement
What is Causation?
The actual cause of negligence. The person who commits a negligent act is not liable unless actual cause is proven
What is an Appellant?
The appealing party to an appeal
What is a Requirements Contract?
The buyer agrees to purchase all of its requirements for an item from one seller
What is Substantive Due Process?
The category of Due Process that requires that government statutes, ordinances, regulations or other laws be clear and not overly broad in scope
What is Procedural Due Process
The category of due process that requires government to give a person proper notice and hearing of the legal action before that person is deprived of their life liberty, or property
What is a Best Efforts Contract?
The clause that requires one or both parties to use their "Best Efforts" to achieve the objective of the contract
What is Genuineness of Assent?
The consent must be genuine. Consent is not considered under duress, undue influence, or fraud.
What is an Implied-in-law (Quasi) Contract?
The court may award monetary damages to the plaintiff for providing work or service when no actual contract existed
What is Contributory Negligence?
The defendant doesn't have to pay plaintiff who is partially at fault for their injury
What does the 1st Amendment entail?
The freedom of speech, assembly, press, and religion
What is Duty of Care?
The obligation people owe to each other not to cause unreasonable harm or risk of harm
What is an Offeree?
The party to whom the offer to enter the contract is made. The only party that has the power to accept the offer and thus create the contract
What is an Offeror?
The party who makes an offer to enter into a contract
What is a Plaintiff?
The person pressing charges against someone
What is a Defendant?
The person who had pressing charges against them
What is Comparative Negligence?
The plaintiff, who is partially at fault for their injury must be less than 50%, can only receive the defendant's percentage of fault.
What is an Appellee?
The responding party to an appeal
What is the 15th Amendment?
The right to vote shall not be denied or pared down by the United States or by any State on account of race, color, or previous condition of servitude.
What is a Output Contract?
The seller agrees to sell all of its production to a single buyer.
What is the rule for Contributory or Comparative negligence in common law?
There is no such thing as Contributory or Comparative negligence in common law
What is Battery?
Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.
What is Negligence Per Se?
Violations of a statute constitutes the breach of the duty of care. "The thing speaks for itself"
