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