BSL212 chap 1,3,9

requirements of a contract

1. Mutual Assent 2. Consideration 3. Legality of Object 4. Capacity

To resolve a lawsuit, a court must have two kinds of jurisdiction.

1. subject matter jurisdiction 2. jurisdiction over the parties

A court may obtain jurisdiction over the defendant in three possible ways:

A court may obtain jurisdiction over the defendant in three possible ways: (1) in personam jurisdiction, (2) in rem jurisdiction, or (3) attachment jurisdiction.

appellate court

A party who takes an appeal from one court to another. He may be either the plaintiff or defendant in the original court proceeding.

Statute of Frauds

A state statute under which certain types of contracts must be in writing to be enforceable.

district courts

District Courts trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system.

Due Process Clause of the U.S. Constitution only if the defendant has

Due Process Clause of the U.S. Constitution only if the defendant has minimum contacts with the state sufficient to prevent the court's assertion of jurisdiction from offending "traditional notions of fair play and substantial justice." For a court constitutionally to assert jurisdiction over a defendant, the defendant must have engaged in either purposeful acts in the state or acts outside the state that are of such a nature that the defendant could reasonably foresee being sued in that state, as discussed in the next case.

smalls claims court

Inferior civil courts with jurisdiction limited by dollar amount.

Jurisdiction over the parties

Power of a court to bind the parties to a suit The second kind of jurisdiction is over the parties to a lawsuit. This jurisdiction is required for the court to render an enforceable judgment that affects the parties' rights and duties. A court usually may obtain jurisdiction over the defendant in a lawsuit if (1) the defendant lives and is present in the court's territory or (2) the transaction giving rise to the case has a substantial connection to the court's territory. The court obtains jurisdiction over the plaintiff when the plaintiff voluntarily submits to the court's power by filing a complaint with the court.

Special Courts

Special courts have jurisdiction over cases in a particular area of federal law and include the U.S. Court of Federal Claims, the Tax Court, the U.S. Bankruptcy Courts, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit

special trial courts

Special trial courts trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law

sufficient minimal contacts

Sufficient minimal contacts between the defendant and the state must exist for a state to exercise jurisdiction.

Supreme Court

The Supreme Court the nation's highest court whose principal function is to review decisions of the Federal Courts of Appeals and the highest state courts

capacity

The parties to a contract must have contractual capacity. Certain persons, such as adjudicated incompetents, have no legal capacity to contract, whereas others, such as minors, incompetent persons, and intoxicated persons, have limited capacity to contract. All others have full contractual capacity.

trial courts

Trial courts have general jurisdiction over civil and criminal cases

breach of contract

Wrongful failure to perform the terms of a contract.

executed contract

a contract that has been fully performed by both parties

promissory estoppel

a court will enforce a non-contractual promise when... 1) promisor makes a promise to the promisee (plantiff) 2) promisee reasonably relies on that promise 3) refusal to enforce that promise will result in substantial injustice

Contractual vs Non-contractual

a promise may be contractual (and therefore binding) or noncontractual. In other words, all contracts are promises, but not all promises are contracts,

void contract

agreement does not meet all requirements of a binding contract (no legal judgement)

valid contract

agreement meets all requirements of a binding contract

implied in fact contract

agreement of parties inferred from their conduct (fox v.

express contract

agreement stated in words, orally, or in writing

federal question

any case arising under the Constitution, statutes, or treaties of the United States. There is no minimum dollar requirement in federal question cases. When a state court hears a concurrent federal question case, it applies federal substantive law but its own procedural rules.

Promissory Estoppel vs. restitution

both enforcing non-contractual promises or obligations - promissory estoppel needs a promise and restitution does not

chapter 9

chapter 9

voidable contract

contract capable of being voided by a party

bilateral contract

contract in which both parties exchange promises

unilateral contract

contract in which only one party makes a promise in exchange for an act

contract

contract is a binding agreement that the courts will enforce

executory contract

contract not yet been fully performed on by both parties

reasonable reliance

dependence on a contract which is considered fair, sound thinking or common sense.

diversity jurisdiction

diversity of citizenship and the amount in controversy exceeds $75,000

in personam jurisdiction (personal jurisdiction)

do you have the right to sue me in this court? for a court to assert personal jurisdiction, there must me minimum contacts between the defendant (person getting sued) and the forum state (state they are trying to bring the case to)

Consideration

each party to a contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return exchange (paying application fee)

Diversity of Citizenship

exists (1) when the plaintiffs are citizens of a state or states different from the state or states of which the defendants are citizens, (2) when a foreign country brings an action against citizens of the United State (3) when the controversy is between citizens of a state and citizens of a foreign country. For example, if the amount in controversy exceeds $75,000, then diversity of citizenship jurisdiction would be satisfied if Ada, a citizen of California, sues Bob, a citizen of Idaho. If, however, Carol, a citizen of Virginia, and Dianne, a citizen of North Carolina, sue Evan, a citizen of Georgia, and Farley, a citizen of North Carolina, there is not diversity of citizenship, because both Dianne, a plaintiff, and Farley, a defendant, are citizens of North Carolina.

Inferior Trial Courts

hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases

Exclusive Federal Jurisdiction

jurisdiction that permits only the federal courts to hear a case The federal courts have exclusive jurisdiction over federal criminal prosecutions; admiralty, bankruptcy, antitrust, patent, trademark, and copyright cases; suits against the United States; and cases arising under certain federal statutes that expressly provide for exclusive federal jurisdiction.

unenforced contract

no legal remedy from court for breach of such contract

attachment jurisdiction

over

Mutual Assent

the parties to a contract must manifest by words or conduct that they have agreed to enter into a contract (offer and acceptance)

Jurisdiction

the power of a court to hear and decide a given case

Legality of Object

the purpose of a contract must not be criminal, tortious, or otherwise against public policy

Restitution (Quasi-Contract)

to recover under restitution the plantiff must show... 1) a benefit was to provided to the defendant 2) the defendant knew and received value from that benefit 3) it would be unjust for defendant to retain the benefit without paying for its value

Courts of Appeals

Courts of Appeals hear appeals from the district courts and review orders of certain administrative agencies. The function of appellate courts is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error

As a general rule, promises are not enforceable if they

As a general rule, promises are not enforceable if they do not meet all the requirements of a contract. Nevertheless, in certain circumstances, the courts enforce noncontractual promises under the doctrine of promissory estoppel to avoid injustice.

Subject Matter Jurisdiction

Authority of a court to decide a particular kind of case (decides if a case goes to federal or state court) If a court lacks jurisdiction over the subject matter of a case, no action it takes in the case will have legal effect.

Concurrent Federal Jurisdiction and two types

Authority of more than one court to hear the same case. The two types of concurrent federal jurisdiction are federal question jurisdiction and diversity jurisdiction