CMGT 460 Midterm 1 CSUC

Burden of proof in a civil lawsuit

51%

Elements of Contract theory 1

Agreement, Consideration, Legal Objective, Capacity, Assent, Writing(Land contracts)

Amelco v. City of Thousand Oaks

Amelco did not prove the fourth element required for breach of contract, damage to the plaintiff, The court felt that Amelco waiting until after the job was complete to reconcile losses in such an undefined way was not proof of damages.

Defensive document filed by defendant in california civil lawsuit

Answer

Where are the powers to regulate interstate commerce

Article 1 SS8 US Constiution

Someone you sell a contract claim to

Assignor

Burden of proof in a criminal case?

Beyond a reasonable doubt. 99%

County, City, and Special Districts have which bodies.

Board of Supervisors, City Council, and Board of Directors

Federal Appellate Court is called?

Circuit

Motions filed in pleadings, discovery, and trial phase are called?

Demurrer, Motion for summary judgment, and Motion for a directed verdict.

5 processes of discovery?

Deposition, Interrogatories, Request for Admissions, Request for Production, and IME

5 parts of discovery in civil case

Deposition, interrogitory, request for documents, request for admission, IME

Federal Trial Court is called?

District

State Appellate court is called?

District

Undue influence

Dominant Party, Succeptable Party, unfair influence

Drennan v. Star Paving

Drennan sued Star paving under theory 4 and won. star appealed saying no contract, but supreme court affirmed.

States delegate power to local governments is called?

Enabling Legislation

T/F Opinion of Value is a material fact?

False

T/F a mustual mistake of material value is rescindable

False

T/F Fed and State Supreme Courts are called Superior Courts?

False. Called Supreme Courts.

Protects people from the FBI/CIA

First ten Amendments

What protects people from the government?

First ten Amendments

Can disaffirm a contract under what 3 sub-elements of capacity?

Infant, Insane, Involuntary Intoxication

Who decides question of fact in jury trial?

Jury

Jury Trial Processes

Jury Selection, Opening Statement, Evidence, Closing Statement, Jury Instruction, Jury Deliberates, Jury Verdit, Judgement

Assent - Writing sub-element makes affects what?

Makes land contracts unenforceable unless in writing and signed.

Can rescind a contract under what 5 sub-elements of Assent?

Mistake, Misrepresentation, Duress, Undue Influence, and Unconscionability.

Agreement

Offer Acceptance

Drennan sued star paving under what theory

Promissory estoppel

purpose of criminal case

Punish

Law passed by US IRS (Admin. Agencies, pres., Gov.)

Regulations

What terminates an offer?

Revocation and Rejection

State legislature has which two bodies?

Senate and Assembly

Federal Congress has which two bodies?

Senate and House of Representatives

3 CA Trial Courts

Small Claims, Limited Liability, Superior

Local governments formed for a special purpose?

Special District

Specific Terms

Specific Items and Specific Price

Primary Laws used to impose criminal liability

Statutes

Duress

Strong Party, Weak Party, unfair Threat( violence)

Coleman vs North American Aviation

Theory 1 - Trail Court Coleman Won under theory one, Supreme Coleman Won.

what does Unconciousable mean

Unreasonable

A rule of substance is a rule of?

Who wins

What is the Interrogitory

a written statement

Three options available to an appellate court

affirm, reverse, reverse and remand

expos factos

after the fact

3 Types of legal liabilities

civil criminal disciplinary

Two categories of civil liability

contract and tort

4 elements of breach

contract, performance, breach, damages

3 non jury trials

court bench judge

What are the three categories of legal liability

criminal, civil, disciplinary

filed by a defendent to seek affirmative relief

cross complaint

To have legal value you must have

doing something, not doing something or promising to do or not do something

what are the three elements of undue influence

dominant party, succeptable party, undue persuasion

Earnhart v. Low

earnhart won under theory 3, not theory 1. No contract since conditions were not met. Earnhart appeal because not paid for work on pillow. supreme court reverse and remand to trial court for determination of damages so earnhart could recover from low for pillow property work under theory 3

what are two phases of non jury trial

evidence and judgement

Which contract theory was used by the majority of the supreme court in Coleman?

express contract

what is the name of contract theory 1

express contract

Automatic Stay

halts actions by creditors

Why did justice Traynor dissent with the majority

he did not believe there was a contract due to no agreement, he argued for coleman under theory 3.

A contract which is not created by language

implied in fact

major categories of criminal case

infraction misdemeanor felony

order of the court not to do something

injuction

Tort liabilities

intentional, negligence, nusisance, strict liability, recklessness, statutory

What are the "equitable" theories?

k implied in law, quasi k, quantum meruit, promissory estoppel

consideration

legal value given as part of bargain or exchange

A motion is a request that something be decided as ?

matter of law

Assent - misrepresentation

misrepresentation of material fact, or fradulence

4 phases of post trial

motion for new trial, appeal, final judgement, enforce the judgment

Assent - mistake

mutual mistake of material fact

what is required to rescind a contract for mistake

mutual mistake of material fact

criminal cases involve violations of what

ordinance and statutes

Option Contract lets you?

pay money to keep an offer open while you debate accepting it.

4 stages of civil case

pleading, discovery, trial, post trial,

what is specific performance

positive equitable remedy

3 types of contract conditions?

precedent, concurrent, and subsequent

time condtions to a contract

precedent, concurrent, subsequent

What is the measure of recovery under theory 3?

restitution

restitution

returning values of what you recieved unjustly

Acceptance

same specific terms, intent to be bound, from offeree to offeror

Offer

specific terms, intent to be bound, communicate from offeror to offeree

what are the three elements of duress

strong party, weak party, undue threat

Laws of subtance are called what

substantive laws

sprearin doctrine

the owner has a warranty for incomplete plans and specs

conversion

tort of intentional theft

elements under theory 3?

unjust and enrichment