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