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27 Cards in this Set

  • Front
  • Back
What are Material Facts?
Something directly related to the case
What is Holding?
The essential determination of the case
What are the parties in a criminal case
Defendent vs. State
What are the parties in a cival Case
Defendent vs. Plaintiff
What is Preponderance of Evidence
Is this person more then likly to have done it (ONLY IN A CIVAL CASE)
What is venue
The place were the court was heard
What is Jurisdiction
Does the court have power in this area
What is a contract?
A legaly binding agreement, that must be spacific
What are the parts of a contract?
The Offer, The Acceptance and the consideration
What is an Offer (In a contract)
The offer is a specific proposal to do something
What is a Unilateral Contract
A contract in which only one person is bound
What is a Quasi Contract
A contract that is non-writen and there is reasonable value for the servises
What is Revocation
When the seller revokes the contract
What are things that can void an otherwise normal contract
Undue Influence, Dirress (both phisical or economical)
What is Undue Influence?
When you prohibit people from using free will
What is Phisical Dirress
Sign this or Die
what is public policy
Something that a community views as wrong
What does it mean when one says Uncontionable
A senerio were it would be unfair to enforce
What is Non-Comp
a contract that restricts a person from getting a new job in a time frame; also if one sells a company and opens a new shop
Statute of frauds
Means things that must be in writing aka real estate transactions, promises to pay debts, contracts related to marrage, also contracts that you could not possibly preform in one year
What is Objective intent
what someone means and what a reasonable person would say it means
What is Expressed Intent
Looking at things such as past dealing and things like oral statements
What is an adhesionary contract
A contract that has profoundly more power on one side
Who are intended beneficiaries?
The people that are clearly stated to recieve benifits (ex. life insurence)
Who are incidental benificiaries?
The people that benifit from an agreement even though they are not part of it (ex. the ugly house)
Who are Creditor Beneficiaries?
They are banks that get assigned the debt of a debter from a loaner (
What is a Novation
When the landlord writes up a new contract