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116 Cards in this Set
- Front
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administrative agency
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governmental subdivision charged with administering legislation that applies to a particular industry.
Food and Drug Administration |
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administrative law
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laws that define powers, limitations and procedures of admin agencies.
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assault
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tort of intentionally putting someone in fear of harmful physical contact (making a fist in a way suggestive of an imminent punch). Also, the crime of intentionally causing physical injury to another person
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casebooks
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books where decisions are published
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cases
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written decisions by judges
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civil law
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law applicable to legal wrongs othe than crimes
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common law
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consists of legal rules that evolved from decisions of judges and from custom and practice.
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compensatory damages
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money given to compensate for injuries. Includes out of pocket expenses (medical bills,lost wages) and pain and suffering (physical distress or mental anguish, loss of enjoyment of life)
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congress
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the primary law-making body of the federal government
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constitutional law
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the law embodied in the fed constitution, prescribing the organization and powers of the fed gov, and defining rights of the ppl.
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contract
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an agreement between 2 or more ppl that is enforceable in court
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criminal law
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wrong considered to be inflicted on society (murder, rape, robbery) punishments
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damages
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the remedy sought by the injured party in a civil case
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decision
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an interpretation of the law and/or facts applied by a judge to a set of facts in a given case
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delegated powers
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expressly allocated to the federal gov in the constitution
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facts
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objective information about circumstance that exist and/or events that have occured
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fraud
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intentionally untruthful statement made to induce reliance by another person or for the purpose of misleading someone, usually for personal gain
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interstate commerce
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business affecting more than one state
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issue
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a legal question that the parties have asked the judge to resolve
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law
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rules, enforceable in court, requiring people to meet certain standards of conduct
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legislative process
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process where the fed gov (congress) adopts law
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legislature
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law-making body whose members are elected of office by the citizens
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negligence
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breach of a legal duty to act reasonably that is the direct cause of injury to another.
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ordinance
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law adopted by local legislature
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precedents
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a court decision that becomes a basis for deciding future cases.
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probation
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system where criminal offenders remain out of jail but are supervised by a probation officer
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punitive damages
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also known as exemplary damages, money awarded to a plaintiff over and above compensatory damages, to punish or make an example of the defendant. They are awarded only in cases where the defendant's wrongful acts are aggravated by violence, malice, or fraud
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reasoning
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basis and rationale used in determining legal issues in a court case
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regulations
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laws adopted by admin agencies
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stare decisis
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"the matter stands decided' the principle that courts will follow precedents when they are applicable.
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statute
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a law adopted by the fed or state legislature
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statutory law
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law passed by legislatures
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trademark infringement
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use of another company's business name or logo without permission
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alternative dispute resolution
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alternatives to trial; arbitration and mediation
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answer
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pleading issued by defendant in response to plaintiff's complaint
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appeal
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review by one court of the decision of another court, initiated by the party who lost in the prior court; complaint made a litigant to a superior court that a trial judge committed an error, and a request that the superior court correct the error.
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appellate court
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court with authority to review the handling and decisions of a case tried in a lower court
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arbitration
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process of dispute resolution by an arbitrator chosen by the parties to decide the case
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briefs
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written statement of a person's case to be submitted to a court, usually including summary of the law involved in the case; a condensed statement of facts, and arguments regarding how the law applies to the facts.
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case-in-chief
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part of a trial where each party presents his evidene
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charge to the jury
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procedure at trial where judge informs the jury of the law applicable to the case. the charge occurs after the summations
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civil case
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a non criminal case. the remedy sought is typically damages (money)
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claim
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a demand for a remedy, usually money, to compensate for a perceived wrong
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complaint
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initial pleading filed in court in a civil lawsuit consisting of a statement of the wrong or harm allegedly done to the plaintiff by the defendant and a request for specific help from the court
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counterclaims
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claims the defendant asserts against the plaintiff in an answer
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cross-examination
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questioning of a witness by the attorney opposed to the one who called the witness to stand. opposing counsel questioning the other party's witness
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default judgement
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judgement entered in favor of a plaintiff when the defendant fails to appear in court
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defendant
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party who is sued in a lawsuit by the plaintiff
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deliberations
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process undertaken by a jury to examine, review, and weigh the evidence to decide on a verdict.
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deposition
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a pretrial interrogation of a witness under oath
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direct examination
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questioning of a witness by attorney who called the witness to the stand
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discovery
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process where each side obtains evidence known to the other side.
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personam jurisdiction
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authority of a court to determine a case against a particular defendant
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interrogatories
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formal written questions submitted to the opposing party in a lawsuit as part of the discovery process
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jurisdiction
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authority of a court to hear a case, as determined by the legislature
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litigants
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parties to a lawsuit
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mediation
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process where litigants settle their dispute our of court by mutual agreement with the aid of a mediator
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motion
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a request to a judge for relief that is made while a lawsuit is going on
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opening statement
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presentation to the jury at the beginning of a trial outlining the proof a lawyer expects to present during the trial
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parties
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individuals in conflict in a lawsuit; also referred to as litigants. a party may be a person, a business or other private organization, or a governmental body.
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peremptory challenges
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process during voire dire which allows a limited number of potential jurors to be dismissed by attorneys without a stated cause
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plaintiff
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the party who commences a lawsuit seeking a remedy for an injury or loss that is the responsibility of another party, the defendant.
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pleadings
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the complaint, answer and reply
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rebuttal
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opportunity at trial for plaintiff to present evidence to contest defendant's evidence once the defendant has concluded its case.
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remitter
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a ruling by a judge that the amount of money awarded by the jury is unreasonably high
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reply
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a document issued in response to a filed complaint and/or motion
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service of process
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formally notifying the defendant of the impending lawsuit by the plaintiff
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settlement
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a resolution of a dispute without a trial
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subject matter jurisdiction
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a court's power to decide cases of a particular category
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summary jury trial
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trial heard by a jury without witnesses; sometimes used in federal courts to save time and money. the jury renders a nonbinding decision and the law requires the parties to negotiate their dispute after the jury rules.
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summation
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closing statements at a trial made by attorneys, that summarize the case for the jury
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summons
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a document ordering the defendant to appear in a lawsuit and defend the allegations made against him/her
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trial
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process where the parties present evidence and the judge or jury decides the issues
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verdict
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jury's decision in a case
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voir dire
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process of examination of randomly selected prospective jurors to determine who will serve as jurors.
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americans with disabilities act
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a federal law that bard discrimination against people with disabilies. The scope of the act includes both employment and access to places of public accomodation
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landmark decision
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a court decision that sets a precedent marking a turning point in the interpretation of law
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civil rights
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personal rights that derive primarily from the constitution, for example, equal protection, free speech, freedom of contract, privacy and due process
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civil rights act of 1964
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federal statute that prohibits discrimination of the basis of race, color, religion, or natural origin
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discrimination
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the act of treating some people different from and less favorably than others
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injunction
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a court order forbidding a party to a lawsuit from engaging in specified acts
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interstate commerce
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business affecting more than on state, as opposed to business done between two parties in the same state
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place of pubic accomodation
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variety of business establishments open to the publie
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transients
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a person passing through a place for only a brief stay or sojourn
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unitary rule
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rule enforcing the civil rights act when a covered facility is located within a noncovered business; both covered and noncovered are subject to the act
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acceptance
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an expression of agreement by the offeree to the terms of an offer
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agreement not to compete
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in the sale of a business, a contractual provision barring the seller from competing with the buyer in the geographical area where the business is located for a specified period of time
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antitrust laws
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laws that attempt to ensure that open competition is preserved
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attrition clause
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in reference to a room reservation contact between an association hosting a convention and a hotel, a contractual provision obligating the organization to compensate the hotel if less than a specified number of rooms are rents by conventioneers.
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breach of contract
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failure to perform some contracted act
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capacity to contract
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ability to understand the terms of a contract and the understand also that failure to perform its terms can lead to legal liability
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condition
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an event on which a contractual duty is contingent
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consideration
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something of value exchanged for something else of value
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counteroffer
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a response to an offer that modifies one or more of its provisions
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duress
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threats of harm if a person doesn't sign a contract
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easement
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privilege of using someone else's land for some limited purpose
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forbearance
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refraining from doing something you have a legal right to do
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genuine assent
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concept that the parties involved in a contract must genuinely agree to the contract terms
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illusory
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a contractual term that fails to contain a firm commitment; a promise that is so indefinite that the party making it has not in fact committed to do anything.
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innocent misrepresentation
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an untruthful statement that the speaker believes to be accurate
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invitations to negotiate
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opening discussions that may or may not lead to an offer for a subsequent contract
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mitigate
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a rule that requires a plaintiff seeking to collect damages for breach of contract to prove an attempt was made to reduce or lessen losses and/or damages
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mutuality
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all parties to the contract are interested in the terms of a contract and intend to enter an agreement where they will be legally bound
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mutual mistake
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a mistake made by both parties
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no-cause termination clause
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a contract term that permits either party to terminate the contract for any or no reason
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offer
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a proposal to do or give something in exchange for something else.
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offeror
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the person who makes the offer
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parol
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oral or spoken
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parol evidence rule
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what prevents the parties from successfully modifying a complete written contract with evidence of oral agreements made prior to signing the writing
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specific performance
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a remedy for breach of contract requiring performance of the contract terms
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statute of frauds
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the law requiring that certain contracts must be written to be enforceable
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tort
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a violation of a legal duty (a wrongful act) by one person that injures another. (breaches on contractual duties are not considered torts)
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trade usage
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practices or modes of dealing that are generally adhered to in a particular industry, such that an expectation arises that they will be honored in a given transaction
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unilateral mistake
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an error made by one party to a contract as to the terms or performance expected
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valid
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enforceable in court. for a contract to be valid, certain elements must exist, such as contractual capacity, mutuality, legality, consideration, proper form, and genuine assent
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void contract
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a contract that is unenforceable in court
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