CMGT 460

What amendments to the constitution reserve powers?

1-10 ← protects people only 10 ← protects states

What are the 3 options an appellate court can do?

1. Affirm 2. Reverse 3. Reverse & Remand

What are the Federal Powers?

1. Declare war 2. monies 3. immigration 4. treaties 5. interstate commerce

What are the two functions of the Constitution?

1. Delegate Powers 2. Reserve Powers

Name the 2 Contract Theories that apply to Actual Contracts (Legal Theories)

1. Express Contract - Language 2. Contract Implied in Fact - Facts and Circumstances

Name the 4 Contract Theories

1. Express Contract - Language 2. Contract Implied in Fact - Facts and Circumstances 3. Contract Implied in Law, quasi-contract, quantam meruit 4. Promissory Estoppel

How do you know if there is misrepresentation in Assent?

1. Misrepresentation 2. Fact 3. Material or 4. Fraudulant

What are the 4 instances you can rescind for lack of assent?

1. Mistake 2.Misrepresentation 3. Duress 4. Undue Influence

How do you know if there is a mistake in Assent?

1. Mutual 2. Mistake of 3. Material 4. Fact

What are the five methods of discovery

1. deposition 2.Interrogatories 3. request for admissions 4. request for production (documents/things) 5. Independent Medical Examination

Who are the 3 incapable parties?

1. involuntarily intoxicated 2. infant: >18 3. insane

how does one NEGATE risk?

1. release waivers → Voluntary Release of Known Rights

Name the 2 Contract Theories that apply to Not Actual Contracts (Equitable Theories)

3. Contract Implied in Law, quasi-contract, quantam meruit 4. Promissory Estoppel

What is the difference between a gift v. a contract?

A gift, the supplier isn't rewarded/expect anything A contract there is a two way exchange

what are the major categories in a CIVIL case?

A. Contract B. Tort 1. Intentional Torts 2. Recklessness 3. Negligence 4 .Strict Liability 5. Nuisance 6. Statutory torts

What are the major categories in a CRIMINAL CASE

According to severity A. Infraction B. Misdemeanor C. Felony According to harm caused A. to the person B. to property C. to the State

What does the 10th amendment say?

All powers not delegated to the federal government are reserved to the states and the people

What is legal objective?

Both parties are legally obliged to perform their part of the contract less they face legal action

What is the burden of proof in a CIVIL CASE v CRIMINAL CASE?

CIVIL: Preponderance of Evidence/ 51% CRIMINAL: Beyond a reasonable doubt/ 99%

What are the types of local government?

City County Special District

In Coleman Engineering Co. v. North American Aviation In trial court, Who won? What contract theory did the court apply?

Coleman Engineering Co. won Theory 1: Express Contract was used

What happens if there is no signature?

Contract Unenforceable

What happens if there is no consideration when creating a contract?

Contract is invalid

What does Article 1 Section 8 of the Constitution do?

Delegate the Federal Powers

What is the result called in a CRIMINAL case?

Guilty/Not Guilty

What is the Remedy for breach of a Quasi Contract

Injured party entitled to recover the "reasonable value of the goods/services" provided

What are they 2 types of Third Party Beneficiaries?

Intended Third Party Beneficiaries → have rights Incidental Third Party Beneficiaries → no rights

What is consideration?

Legal value given as part of a bargain or exchange

What is result called in a CIVIL case?

Liable/not Liable

What is the Jury like in a CIVIL case?

Need not have 12 jurors. Decision need not be unanimous

In Coleman Engineering Co. v. North American Aviation, who was the plaintiff in trial court and who was the defendant?

Plaintiff: Coleman Engineering Co. Defendant: North American Aviation

What is the Remedy for breach of Promissory Estoppel?

Promise is enforced (even though no acceptance/agreement) to the extent necessary to avoid an injustice

How do you prove breach of contract?

Prove: 1. Contract 2. Performance 3. Breached 4. Damages

What is the 6th element of a contract?

Signature/Statute of Frauds

What is enabling legislation?

The delegation of power from States to 1. City 2. County 3. Special District

What is the Remedy for breach of contract?

Theory of law is to award expectation damages - to put the injured person in the place he would have been if there had been no breach

What happens if a party is under 18 and enters into a contract?

They can disaffirm their entry

What happens if there is no voluntary assent into a contract?

They can rescind

What is the Jury like in a CRIMINAL case?

Usually 12 jurors. Decision MUST be unanimous

What is assent?

Voluntary Exchange

What is it called if you are a party of a contract?

You are in Privity

What is quantum meruit?

a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.

Name the Elements applicable to Actual Contracts

a. Agreement (offer + acceptance) b. Consideration c. Legal objective d. Capable parites e. Assent f. Statute of Frauds

Name the Elements applicable to Theory 4 (Promissory Estoppel)

a. Promise b. Promisor expects promisee to rely c. Promisee reasonably rellies d. Promisee suffers an injury

Name the Elements applicable to Theory 3 (Contract Implied in Law/Quasi-Contract/Quantum Meruit)

a. Unjust b. Enrichment

what is the purpose of a CIVIL case?

compensation to the victim

what's a complaint?

document that starts case hearing; issued by plantiff

How does one SHIFT risk?

indemnity

Who brings the lawsuit in a CIVIL case?

injured party

What does the 9th amendment say?

just because a right isn't listed in amendments 1-8, doesn't mean we dont have it

What is governing law?

law applicable to contract ex.: 'the contract shall be governed by the law of california'

What is a Statute?

law passed by congress/legislative branch of state

What is an Ordinance

law passed by legislative branch of local government

what is the purpose of a CRIMINAL CASE

punishment, deterrence, retribution

what is a motion?

request by a party that the judge decides is a question of law

Who brings the lawsuit in a CRIMINAL case?

state/government

what starts a civil case?

summons + complaint

What happens if there is no legal objective?

void

What happens if one party isn't capable?

voidable

What happens if there is no assent?

voidable

What is a Third Party beneficiary?

you are not in privity but have rights from the contract