Fds

Front 1

Discovery

Back 1

period of time to gather evidence before trial

Front 2

Methods of Discovery

Back 2

interrogatories - written questions

Front 3

motion to compel

Back 3

during discovery when court orders a party to take action because either they are not producing documents

Front 4

Motion to dismiss for failure to state a cause of action

Back 4

plaintiff is not entitled to the benefits they claim because there is no legal cause of action.

Front 5

Motion to dismiss based on statute of limiations

Back 5

plaintiff missed deadline to file a suit

Front 6

motion for judgment on the pleadings

Back 6

to avoid a long trial

Front 7

motion for summary judgement

Back 7

to question the purpose of the trial

Front 8

Rule 11 Motion

Back 8

motion that the lawsuit is frivolous

Front 9

Jury Selection procedures

Back 9

0)"voir dire" speak the truth

Front 10

Motion for a directed verdict

Back 10

during trial - after seeing all of the plaintiff's evidence

Front 11

Burden of proof in civil and criminal court

Back 11

Criminal Court- proof beyond a reasonable doubt

Front 12

if b.o.p is granted

Back 12

case is over

Front 13

Jury Instructions

Back 13

judge tells jury which laws apply

Front 14

Verdict

Back 14

jury's decision

Front 15

judgement

Back 15

what the judge enters against the losing party

Front 16

judgment not withstanding verdict

Back 16

when judge asks court for judgment opposite of jury's verdict of judge finds verdict erroneous as matter of law

Front 17

Execution of judgement

Back 17

enforce judges decision either via seizing property or garnishing wages (deduction going to court and then to plaintiff)

Front 18

Res Judicata

Back 18

"the thing has been decided" -can't go back and prove evidence false in the court or try party for same crime again

Front 19

conflict

Back 19

2 different points of view on a matter

Front 20

dispute

Back 20

a conflict where one claim is rejected

Front 21

negotiation

Back 21

the process used to persuade or coerce someone to do what you want him to do

Front 22

negotiated settlement

Back 22

working out the dispute by mutual agreement

Front 23

position based negotiation

Back 23

competetive style with parties stating thier expectations (ex. seller has high asking price and buyer has super low bid price

Front 24

Principle-based negotiation

Back 24

7 principles

Front 25

arbitration

Back 25

disputing parties submit their claims to a neutral third party arbitrator

Front 26

submission

Back 26

when both parties agree to arbitrate

Front 27

advantages of arbitration

Back 27

pro business

Front 28

Federal Arbitration Act

Back 28

federal law that covers any arbitration clause involving interstate commerce

Front 29

Statutorily Mandated Arbitration

Back 29

laws in certain states requiring arbitration in certain matters before resorting to litigation

Front 30

Voluntary/Contract Based Arbitration

Back 30

When parties agree to arbitrate

Front 31

Meditation

Back 31

process by which a 3rd party comes in and tries to assist a dispute between 2 parties

Front 32

advantages of meditation

Back 32

private

Front 33

first amendment

Back 33

congress shall make no law respecting an establishment of religion

Front 34

libel

Back 34

a defamatory written statement communicated to a third party (3rd party must hear it to be considered tort)

Front 35

slander

Back 35

an oral defamatory statement communicated to a 3rd party

Front 36

actual malice

Back 36

knowledge that statements made are false or that they show recklessness and disregard for whether they're true or not

Front 37

Prior Restraint

Back 37

doctrine encouraging government to allow publication of thoughts rather then restrain such thoughts in advance of their publication

Front 38

obscenity

Back 38

not protected unless legally considered obscene. to be legally obscene it must meet all of these requirements:

Front 39

a) if it

Back 39

taken as a whole

Front 40

c)if taken as a whole

Back 40

has no serious artistic

Front 41

Overbreadth doctrine

Back 41

principle used by courts to invalidate legislation that appears to broad in scope then necessary to regulate activity

Front 42

commercial speech

Back 42

corporations weren't orginally protected under 1st amendment

Front 43

fourteenth amendment

Back 43

nor shall any state deprive any person of life

Front 44

due process

Back 44

both substantive and procedural fundamental fairness. As applied to judicial proceedings

Front 45

equal protection

Back 45

requires all citizens to be treated in a similar manner by the government unless there is sufficient justification for unequal treatment.

Front 46

3 levels of scrutiny

Back 46

minimum rationality- requires that the classification has a rational connection to a permissible state end

Front 47

strict scrutiny - requires the classification to be necessary to achieve a compelling state end (race

Back 47

national origin)

Front 48

Contract

Back 48

a legally enforceable promise

Front 49

Sources of Contract Law

Back 49

Common law that the court decides

Front 50

Breach of Contract remedies

Back 50

Negotiated Settlement

Front 51

compensatory damages

Back 51

remedies a court would award the plaintiff that would make them economically whole as if no violation in the contract

Front 52

specific performance

Back 52

court awarded remedies for extreme circumstances regarding "unique" goods

Front 53

rescission

Back 53

a remedy that involves the party who was violated to be made as if they were before the contract existed

Front 54

liquidated damages

Back 54

when losses from breach of contract are unknown

Front 55

mitigation of damages

Back 55

the victim of a breach of contract must take reasonable steps to reduce damages

Front 56

bilateral contracts

Back 56

involve each party making a mutual promise

Front 57

unilateral contracts

Back 57

involves a present act in return for a promise of future performance

Front 58

express contracts

Back 58

contracts that arise from parties actually discussing the terms of agreement (ex. meal plan)

Front 59

implied-in-fact contracts

Back 59

contracts that arise from the conduct of the parties rather then words (i.e. talk to accountant for advice

Front 60

quasi-contract

Back 60

when a contract is implied in law

Front 61

ex. if you pay a bill twice

Back 61

its implied by law that you are either credited the second payment or sent it back in a check

Front 62

valid contract

Back 62

enforceable agreement because all of the essential requirements of a contract are present

Front 63

void contracts

Back 63

agreements where the court says nothing is enforceable either because:

Front 64

voidable contracts

Back 64

binds one party

Front 65

executed contract

Back 65

the parties have performed

Front 66

executory contract

Back 66

the contracting parties have not yet performed

Front 67

5 elements of a contract

Back 67

offer

Front 68

offer

Back 68

a specific promise and a specific demand

Front 69

terminations of offer

Back 69

provision of offer (terminates at noon)

Front 70

acceptance

Back 70

necessary to form a binding contract.

Front 71

mirror image rule

Back 71

acceptance must mirror or match offer

Front 72

is silence acceptance?

Back 72

no

Front 73

are gift promises binding?

Back 73

no

Front 74

deposited acceptance rule

Back 74

mailbox rule: acceptance is binding as soon as it is deposited with postal service and CANT be revoked

Front 75

consideration

Back 75

a legal obligation or surrendering of a legal right

Front 76

agreement not to sue

Back 76

legal consideration saying you won't sue offeree even if grounds exist

Front 77

preexisting obligation

Back 77

once parties have agreed at a set price or performance

Front 78

(ex. promise to do job for $800

Back 78

then say you'll do it for $1200

Front 79

promissory estoppel

Back 79

if the promisee justifiably relies on a promisor's promise to his/her economic injury

Front 80

if you've started a contract

Back 80

you can't revoke it

Front 81

3 classes of people who lack capacity to sign contracts

Back 81

minors (unless parent cosigns or necessaries of life)

Front 82

fraud

Back 82

intentional misrepresentation of material fact (i.e. you wouldn't have signed if you were aware). VOIDS contract

Front 83

misrepresentation

Back 83

misstatement without intent. innocent party can void contract

Front 84

duress

Back 84

forced to sign contract via physical and economic threats. can VOID a contract

Front 85

undue influence

Back 85

when one party is taken advantage of to sign a contract. can VOID a contract

Front 86

mutual mistake of fact

Back 86

both parties misunderstand a basic fact in the contract. rescission usually occurs here

Front 87

unilateral mistake

Back 87

one party is wrong about a material fact. tends to still bind contract

Front 88

lawful purpose

Back 88

for a contract to be enforceable

Front 89

Covenant not to compete

Back 89

contract saying you won't compete with party. illegal unless time is reasonable

Front 90

space is reasonable

Back 90

and

Front 91

Third party rights

Back 91

assignment of contract = transfer of rights under a contract ( not all can be assigned)

Front 92

in general though

Back 92

third parties have no rights to sue for damages in a contract if breached

Front 93

statute of frauds

Back 93

law that says what types of contracts should be in writing

Front 94

what contracts must be in writing?

Back 94

contracts for sale of interests in land

Front 95

contracts for sale of goods that are tangible

Back 95

personal property and > $500 (ex. custom t shirts)