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120 Cards in this Set
- Front
- Back
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court that rules on constitutionality of laws; hears appeals from highest state courts
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US Supreme Court
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Court that hears appeal from district courts and federal administrative agencies
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13 Circuit Courts of Appeals
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Courts with original jurisdiction in cases involving federal statues & when parties are from different states & the amt involved is greater than $75k
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District Courts
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Court that makes final determinations on matters of law within a state
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State Supreme Court
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Courts that handle important disputes involving contracts, law and corporations; authorized to hear cases not otherwise restricted to specialized courts
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Gneral trail court
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court that hears certain minor violations of law (justice of peace, juvenile court)
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Magistrate courts
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The party who guarantees the promises assigned
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Guarantor
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A contract where services that require a unique skill, talent, ability and so forth are provided by a specific person
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Personal-service contract
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The appointment of a 3rd party by a party to an existing contract to perform contractual duties that do not involve unique skills, talents, abilities and so on.
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Delegation
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A situation in which all parties to a contract agree to a significant change to a contract
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Novation
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Court system of the federal government
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Judiciary Branch
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A legal defense that involves the failure of an injured party to be careful enough to ensure personal safety - DEFENSE
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Contributory Negligence
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A form of negligence that requires the court to assign damages according to the degree of fault of each party
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Comparative Negligence
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Doctrice that provides that the employer is responsible for the actions of the employees while within the scope of his/her employment.
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Respondent Superior
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The concept of laying responsibility or blame upon one person for the actions of another
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Vicarious Liability
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Doctrine under which persons may be liable for injuries to others whether or not they have been negligent or committed an intentional tort
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Strict Liability
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A person who isn't a party to a contract but is intended by the contracting parties to benefit as a consequence of a contract
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Third-party beneficiary
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The wrongful exercise is dominion and control over another's personal property
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Conversion
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The failure to exercise necessary care to protect others from unreasonable risk of harm
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Negligence
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A mythical person who acts properly and reasonably in all situations - person's assumed to have perfect judgement and skill and acts correctly in all situations
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Reasonable Person
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A person who will benefit as an indirect consequence of a contract, although that was not the intent of the contracting parties
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Incidental Beneficiary
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The transfer of a contract right to a third party who can receive the benefits of the contract
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Assignment
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The person who transfers his or her rights in an assignment
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Assignor
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The third party to whom rights are transferred in an assignment
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Assignee
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Ability of a person to enter into a valid contract
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Contractual Capacity
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A person of legal age and at least normal mentality who is considered by law to be capable of understanding the meaning of a contract and is permitted to enter into a valid contract
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Competent Parties
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Contract that is in the process of being carried out
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Executory Contract
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The authority of a court to consider or "hear" a dispute or case. Authority granted by the constitution or a legislative act
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court jurisdiction
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Judges appointed by the president of the US with the approval of the US Senate. These appointments are for life.
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Federal Judges
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A violation of a specific statute, which has been enacted to protect the public against a serious wrong.
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Crime
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A violation of a private wrong against a person or a company
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Tort
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A major crime defined by the US Constitution as: "Treason against the US shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort"
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Treason
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Serious crime against society, such as murder, arson, larceny, bribery & embezzlement - may be punished by execution, a prison sentence of more than 1yr and/or a fine
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Felony
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The charging of a negligent act of one person to another
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Vicarious Negligence
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Congress which is comprised of the Senate and the House of Representatives
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Legislative Branch
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Branch of government that is headed by the president
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executive branch
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breaking into and entering another person's property in the NIGHT with the intent to commit a felony or to steal property of value
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Burglary
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1 - offer & acceptance
2 - mutual agreement 3 - consideration 4 - competent parties 5- legality of subj. matter 6 - proper form |
Elements of an Enforceable Contract
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contract that is not in writing, not signed by the parties & created by conversation
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oral contract
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contract that is reduced to writing on a permanent surface
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written contract
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contract that specifically states the agreements of the parties, either orally or in writing
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Express Contract
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contracts that are made up of two or more parts with each part being independent of the other
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divisible contracts
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contracts that are understood from the actions or conduct of the parties, from the customs of trade or conditions or circumstances
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Implied contract
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type of contracts that have 2 or more parts that are dependent on each other. The whole contract must be performed & it can't be divided into separate & distint parts
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Indivisible contracts
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contracts that are fully performed by all parties
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Executed parties
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A violation of a private wrong against a person or a company
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Tort
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A major crime defined by the US Constitution as: "Treason against the US shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort"
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Treason
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Serious crime against society, such as murder, arson, larceny, bribery & embezzlement - may be punished by execution, a prison sentence of more than 1yr and/or a fine
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Felony
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The charging of a negligent act of one person to another
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Vicarious Negligence
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Congress which is comprised of the Senate and the House of Representatives
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Legislative Branch
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Branch of government that is headed by the president
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executive branch
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breaking into and entering another person's property in the NIGHT with the intent to commit a felony or to steal property of value
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Burglary
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1 - offer & acceptance
2 - mutual agreement 3 - consideration 4 - competent parties 5- legality of subj. matter 6 - proper form |
Elements of an Enforceable Contract
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contract that is not in writing, not signed by the parties & created by conversation
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oral contract
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contract that is reduced to writing on a permanent surface
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written contract
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contract that specifically states the agreements of the parties, either orally or in writing
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Express Contract
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contracts that are made up of two or more parts with each part being independent of the other
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divisible contracts
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contracts that are understood from the actions or conduct of the parties, from the customs of trade or conditions or circumstances
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Implied contract
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type of contracts that have 2 or more parts that are dependent on each other. The whole contract must be performed & it can't be divided into separate & distint parts
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Indivisible contracts
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contracts that are fully performed by all parties
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Executed parties
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agreements/contract that lack one or more of the essential elements of a contract is a void contract from the very beginning
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void contract
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contract that is legally enforceable and has all of the 6 elements needed to create a contract
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valid contract
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agreements that maybe rejected by one of the parties for a legally acceptable reason
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voidable contract
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1. an offer must be definite & certain
2. offer must be communicated 3. offer must be intended to create an enforceable obligation |
elements of an offer
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1. lapse of time
2. revocation - calling back offer before accepted/rejected 3. rejection |
termination of offer
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damages granted to make the person whole.
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compensatory damages
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damages that are granted to PUNISH the person how committed the fraud
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punitive damges
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a statement of a material fact that results in inducing another to enter into an agreement which results in that person being injured
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Misrepresentation
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The improper use of excessive pressure by the dominant member of a confidential relationship to convince the weaker party to enter a contract that benefits the dominant party
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Undue Influence
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contract drawn by 1 party that must be accepted as is, on a take-it-or-leave-it basis; involves parties who have unequal bargaining power
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contracts of adhesion
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laws that are adopted and enacted by the federal government and state government
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statutory law
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a model case that a court can follow when facing a similar situation
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precedent
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the body of recorded decisions that courts refer to and rely upon when making later legal decisions
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common law
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the practice of relying on previous decisions in which similar disputes arose
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stare decisis
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powers that have arisen as a result of interpretation of the express powers by the courts
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implied powers
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powers that are explicitly stated; for example, in the US Constitution
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express powers
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published decisions of cases - such decisions may be used by courts to rely on when considering cases that are similar to decided case
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case law
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the party who begins a lawsuit by filing a complaint in the appropriate court
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plaintiff
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the party against whom a lawsuit is brought and from whom recovery is sought
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defendent
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process by which a court determines the constitutionality of various legislative statues, administrative regulations, and executive actions
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judicial review
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a law that is posed by a local government, such as a city council
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ordinances
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the body of rules, regulations and decisions created by administrative agencies
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administrative law
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once a law is adopted and it is challenged the courts are given the right to review the laws & make a determination as to whether or not the law is valid or invalid
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judicial review
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the constitution provides for a method to adopt amendments to the constitution
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Constitutional Amendments
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the first 10 amendments to the constitution
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Bill of Rights
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a set of laws that govern various commercial transactions and that is designed to bring uniformity to the laws of the state
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uniform commercial code
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contract that is so one-sided that is oppressive and gives unfair advantage to one of the parties
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unconscionable contracts
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when someone refrains from doing something that they legally can do or the promise of inaction
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forbearance
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in contract law, means something of value
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consideration
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when a party to the contract challenges the value of consideration claiming that he/she was misled & that the consideration involved in the contract was falsely or incorrectly valued
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Adequacy of Consideration
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A promise to do something that one is already required to do either by law or by contract.
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Barren Promise
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A person who make a promise without requiring some benefit in return has made a:
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Gratuitous Promise
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Contracts refer to supplementary evidence, conditions, written or oral that a party wants to add to an already finalized written contract
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Parol evidence rule
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crime consists of intentionally giving false oral or written statements under oath in a judicial setting
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perjury
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crime consists of the wrongful taking the money or other property that has been entrusted to a person as a part of his or her job
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Embezzlement
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general term used for the harming of a person's reputation and good name.
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Defamation
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less permanent type of defamation
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Slander
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more permanent type of defamation
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libel
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an unlawful interference with the enjoyment of life or property
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Nuisance
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an appeal to circuit court requesting all of the judges who sit on the court to rehear the case
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En Banc
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less serious offense than a felony - punished by a fine and/or imprisonment for no more than one year
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Misdemeanor
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the willful or malicious burning of a house or building belonging to another person
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arson
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broad term that includes most forms of theft such as robbery, hijacking, embezzlement and shoplifting
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Larceny
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taking of property in the possession of another person against that person's will and under threat of bodily harm
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robbery
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the act of offering, giving, receiving or soliciting something of value to influence official action or the discharge of a public duty
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Bribery
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the act of taking or demanding money or other property from someone by using force, threats of force or economic harm
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extortion
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a broad category of crimes that involves activities intended to deceive others or to obtain goods by making false claims
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false pretenses
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crime consists of wrongfully making or altering the writings of another with the intent to defraud
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forgery
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any word, name, symbol or devise or combination of adopted & used by a manufacturer or merchant to identify his goods and distingish them from goods manufactured or sold by others
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trademarks
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trademarks are regulated by
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Lanham Trademark Act of 1947
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these are gov't granted monopolies that are awarded to inventors that give the patent holder the exclusive right to manufacture use and sell the invention for 17 years
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patent
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anyone who manufactures or sells without permission a patented product is guilty of
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infringement
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gov't granted monopolies that are given to the creators of literary, artistic or creative works.
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copyrights
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usually illegal agreements are considered VOID & unforceable, if it is a contract that is divisible the legal parts would be separated from the illegal parts & the legal parts would be enforced
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effect of illegality
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laws that regulate the maxium amount of interest that can be charged
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usury law
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an agreement to encourage a lawsuit where 1 or more of the parties has no legitimate interest
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champerty
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specialized knowledge associated with a particular business
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trade secrets
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agreements of employee not to work in a particular industry or seek similar employment
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restrictive covenants
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the trial level or lowest court in the federal court system
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District Court
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highest court in the system which consists of 9 justices of which one is designated as chief justice
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supreme court of the US
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