Legal/soc 2

Front 1

the government (plaintiff) has the burden of proof t/f

Back 1

true

Front 2

most crimes require a voluntary act coupled with a requisite intent t/f

Back 2

true

Front 3

a voluntary act

Back 3

actus res

Front 4

the requisite intent

Back 4

mens rea

Front 5

culpable mental state of purposely is coupled with...

Back 5

specific intent

Front 6

culpable mental state of knowingly is coupled with...

Back 6

specific intent

Front 7

culpable mental state of recklessly is coupled with...

Back 7

general intent

Front 8

culpable mental state of negligently is coupled with...

Back 8

general intent

Front 9

a strict liability is coupled with...

Back 9

no intent

Front 10

specific intention to cause a certain result

Back 10

purposely

Front 11

aware that conduct will be of a certain nature

Back 11

knowingly

Front 12

heedless indifference to the consequences

Back 12

recklessly

Front 13

a substantial lapse from due care

Back 13

negligently

Front 14

list 3 pleas available to a criminal defendant at an arraignment...

Back 14

guilty, not guilty, no contest

Front 15

both sides gather as much information as possible, the prosecution must hand over any evidence favorable to the defense

Back 15

discovery

Front 16

plea bargains are prohibited in criminal cases t/f

Back 16

false

Front 17

at trial, jury must reach unanimous verdict t/f

Back 17

true

Front 18

what is the result of a hung jury?

Back 18

mistrial

Front 19

the legal standard for a valid arrest is...

Back 19

a probable cause

Front 20

what are some examples of consequences of sentencing?

Back 20

jail, probation, house arrest, fines

Front 21

government can appeal a not guilty verdict t/f

Back 21

false

Front 22

corporations have criminal liability t/f

Back 22

true

Front 23

the 4th amendment provides individuals protection from unreasonable searches and seizures t/f

Back 23

true

Front 24

when are warrantless searches ok?

Back 24

plain view, consent, incident to arrest, automobile exception

Front 25

evidence obtained illegally (without a warrant) may not be used at a trail against the victim of search

Back 25

exclusionary rule

Front 26

what protection does the 5th amendment provide for individuals

Back 26

priviledge against self-incrimination, miranda rights, attorney client priviledge, double jeopardy

Front 27

the prosecution may not use coercion to force a confession from a suspect

Back 27

self-incrimination

Front 28

when arresting a suspect, the police must inform her that she has the right to remain silent, that anything she says can be used against her and that she has a right to a lawyer (for free if needed)

Back 28

miranda rights

Front 29

a defendant may only be tried once for a particular offense, no matter what is found later

Back 29

double jeopardy

Front 30

what protections does the 6th amendment provide for individuals?

Back 30

impartial jury, right to counsel, right to confront, right to speedy trial

Front 31

Government must provide lawyer, at no charge, for those who cannot afford one

Back 31

right to counsel

Front 32

a promise that will enforce the law

Back 32

contract

Front 33

4 elements to enforceable contract

Back 33

agreement, consideration, legality, capacity

Front 34

contract that both parties make a promise to each other

Back 34

bilateral

Front 35

contract that one party makes a promise to the other that the other party can accept only by doing something specific

Back 35

unilateral

Front 36

two parties to the contract explicitly state all of the important terms of their agreement

Back 36

express (oral, written)

Front 37

contract that the words and conduct of the parties indicate that the parties intended to make an agreement

Back 37

implied

Front 38

examples of implied contract

Back 38

property or service provided, plaintiff expected to be paid, defendant given opp. to reject

Front 39

not actual contract, implied in law

Back 39

quasi

Front 40

contract that is fully performed (completed)

Back 40

executed

Front 41

contract tht has not been fully performed by both sides

Back 41

executory

Front 42

a contract is an agreement enforceable in court t/f

Back 42

true

Front 43

a void contract is an agreement with no legal effect t/f

Back 43

ture

Front 44

a contract is voidable when one party has option to void his/her obligation of an agreement t/f

Back 44

true

Front 45

when the parties intend to form a valid bargain but some rule of law prevents enforcement

Back 45

unenforceable

Front 46

4 elements of offers

Back 46

offeror must objectively intend to be bound by offer, terms of offer must be reasonably certain, offer must be communicated and definite

Front 47

examples of definiteness of offers

Back 47

letters of intent, invitations, advertisements, reward

Front 48

how are offers terminated?

Back 48

revoked by offeror prior to acceptance, rejection, offeree can make a counteroffer, lapse of time, death

Front 49

what is the acceptance of a bilateral contract

Back 49

offeree must make a promise for a promise (mirror image rule)

Front 50

what is the acceptance of a unilateral contract

Back 50

offeree must perform

Front 51

Requires that acceptance be on precisely the same terms as the offer

Back 51

mirror image rule

Front 52

what can consideration be?

Back 52

a promise to do something or refrain from doing something

Front 53

what cant consideration be?

Back 53

illusiory, illegal, immoral

Front 54

types of contracts that may be contrary to statutes

Back 54

gambling, usury laws, sabbath laws, licensing statutes

Front 55

list 2 types of contracts that may be contrary to public policy

Back 55

immoral, restraint of trade, non compete, exculpatory clauses, unconscionable

Front 56

a non-compete agreement can be valid if it is limited in time, area, and scope of activity t/f

Back 56

true

Front 57

capacity to enter a contract means a person cant be...

Back 57

a minor, incompetent, intoxicated

Front 58

proving that the owner knows a statement is false

Back 58

fraudulent misrepresentation

Front 59

what does a party have to show to prove fraudulent misrepresentation

Back 59

false statement of fact, fraudulent/material statement, justifiable reliance

Front 60

only one party enters a contract under a mistaken assumption

Back 60

unilateral mistake

Front 61

occurs when both parties negotiate based on the same factual error

Back 61

mutual mistake

Front 62

Many agreements are unenforceable, unless it, or some memorandum of it, is in writing and signed

Back 62

statute of frauds

Front 63

agreements that must be in writing are...

Back 63

any interest in land, cant be completed in a year, to pay debt of another, sale of goods over $500, consideration of marriage

Front 64

When two parties make an integrated contract, neither one may use anything that was said, done, or written before the parties signed the agreement to contradict, vary, or add to its terms

Back 64

parol evidence rule

Front 65

a writing that the parties intend to be their final, complete expression of their agreement

Back 65

integrated contract

Front 66

transfer rights of contract to another party not involved in original contract

Back 66

assignments

Front 67

a three way agreement

Back 67

novations

Front 68

what are the reasons for a discharge of performance

Back 68

mutual agreement (2nd independent agreement), novation, accord and satisfaction, impossibility (death, destruction of subject matter), complete performance (executed contract), substantial performance

Front 69

what are the remedies for the breach of a contract

Back 69

damages (compensatory, consequential, liquidated), specific performance, injunction, rescission

Front 70

committed by one party making it unmistakably clear that he will not honor the contract

Back 70

anticipatory breach

Front 71

according to the duty to mitigate damages, a party may not recover for damages that could be avoided with reasonable efforts t/f

Back 71

true