BLAW 201 Midterm: Terms & Definitions

Comprehensive vocabulary flashcards covering the key terms and definitions for the BLAW 201 Midterm Master Study Guide.

Constitutional law

Law based on federal and state constitutions; establishes government structure, allocates power, and limits government.

Statutory law

Law enacted by legislatures; local governments may enact ordinances under delegated authority.

Administrative law

Rules and actions of government agencies acting under authority delegated by an enabling statute.

Common law / case law

Rules developed through judicial decisions, especially in areas such as contracts and torts.

Private ordering / agreements

Contracts and private arrangements that structure parties' rights, subject to legal limits.

Treaties and executive actions

Government actions that may have legal effect when constitutionally authorized and applicable.

Precedent

A prior judicial decision used to guide or control a later case.

Stare decisis

The principle that courts generally follow controlling decisions from higher courts in the same court system.

Substantive law

Law that defines rights, duties, and liability.

Procedural law

Law that governs how a case is brought and resolved.

Civil law

Law concerned with disputes and remedies between parties.

Criminal law

Law concerned with prosecuting public offenses.

Preponderance of the evidence

The usual civil burden of proof; the claim is more likely true than not.

Beyond a reasonable doubt

The high burden of proof used in criminal cases.

Legal remedy

Relief traditionally involving money damages.

Equitable remedy

Non-monetary relief, such as an injunction or specific performance, when appropriate.

Enabling statute

A law that gives an agency its authority and responsibilities.

Separation of powers

Division of government functions among the legislative, executive, and judicial branches.

Federalism

Division of governmental authority between federal and state governments.

Enumerated / delegated powers

Powers granted to the federal government by the Constitution.

Reserved powers

Powers retained by states, subject to federal constitutional limits.

Concurrent powers

Powers that both federal and state governments may exercise.

Necessary and Proper Clause

Allows Congress to choose appropriate means to carry out its constitutionally granted powers, within constitutional limits.

Supremacy Clause

Valid federal law controls over conflicting state law.

Commerce Clause

A constitutional source of congressional power to regulate interstate commerce.

Preemption

When valid federal law displaces state law; it may be express, field-based, or conflict-based.

Due process

Protection requiring fair procedures and, in some settings, limiting the substance of government action.

Equal protection

A constitutional requirement addressing government classifications and unequal treatment under the applicable level of scrutiny.

Contracts Clause

A distinct, numbered or lettered provision within a legal agreement that defines specific rights, duties, and risk-allocation rules between the parties

Subject-matter jurisdiction

A court's authority to hear a particular category of dispute.

Personal jurisdiction

A court's authority over a particular defendant, based on a sufficient connection or consent.

Venue

The proper geographic location within a court system for a case.

Choice of law

The decision about which jurisdiction's substantive law governs a dispute.

Federal-question jurisdiction

Federal subject-matter jurisdiction generally available when a claim arises under federal law.

Diversity jurisdiction

Federal jurisdiction generally requiring complete diversity between opposing parties and an amount in controversy above the statutory threshold.

Removal

A procedure allowing a defendant to move an eligible case from state court to federal court; it is not an independent source of jurisdiction.

Complaint

The plaintiff's filing stating the claim, basis for jurisdiction, and requested relief.

Answer

The defendant's response admitting or denying allegations and potentially raising defenses or counterclaims.

Default

A party's failure to respond or take a required step within the applicable time.

Default judgment

A judgment that may be entered after a party defaults, subject to applicable rules.

Discovery

The process through which parties obtain relevant evidence before trial.

Interrogatories

Written questions answered by a party during discovery.

Deposition

Oral testimony taken under oath, usually before trial.

Attorney-client privilege

Protection for qualifying confidential communications made to seek or provide legal advice; underlying facts and pre-existing documents are not automatically privileged.

Appeal

Review by a higher court of claimed legal error in the existing record; generally not a new trial.

Alternative dispute resolution (ADR)

Methods of resolving disputes outside the ordinary trial process.

Negotiation

Direct bargaining between parties; no neutral third party is required.

Mediation

A neutral facilitates communication and settlement but does not impose an outcome.

Arbitration

A formal alternative dispute resolution method where a neutral third party (an arbitrator or tribunal) evaluates evidence and issues a final, legally binding decision outside of a traditional courtroom. [1, 2]

Med-arb

A process combining mediation and arbitration under agreed rules.

Contract

A legally enforceable agreement that creates obligations.

Offeror

The person making an offer.

Offeree

The person to whom an offer is directed; ordinarily the offeree or an authorized agent can accept.

Promisor

The person who makes a promise.

Promisee

The person who receives a promise.

Obligor

The person who owes a contractual duty.

Obligee

The person entitled to performance of a duty.

Privity

The legally relevant relationship between contracting parties; a nonparty generally cannot enforce the contract absent an exception.

Express contract

An agreement whose terms are stated in words, orally or in writing.

Implied-in-fact contract

An agreement inferred from the parties' conduct.

Quasi-contract / implied-in-law contract

A restitution remedy imposed to prevent unjust enrichment even though no actual contract exists.

Bilateral contract

A contract formed through a promise exchanged for a promise.

Unilateral contract

A contract offer that invites acceptance through completing the requested performance.

Formal contract

A contract that must meet a special form requirement.

Informal contract

A contract that does not require a special form.

Executed contract

A contract for which performance has been completed.

Executory contract

A contract under which some performance remains due.

Valid contract

A legally effective contract.

Void contract

A purported agreement with no legal effect as a contract.

Voidable contract

An agreement that operates unless a protected party chooses to avoid it.

Unenforceable contract

An agreement a court cannot enforce because of a legal obstacle.

Clickwrap

An online agreement that asks the user to click to accept terms.

Browsewrap

An online agreement that attempts to bind users through site use subject to posted terms.

Sign-in wrap

An online agreement tying assent to registration or sign-in.

Fixed-price contract

An arrangement that sets a specified price.

Cost-plus contract

An arrangement in which payment is based on costs plus an agreed fee.

Offer

A communicated proposal showing objective intent to be bound, with sufficiently definite terms, so acceptance can conclude the bargain.

Objective intent

Intent judged from communicated words and conduct in context, not private or secret thoughts.

Invitation to negotiate

A statement or display that invites further bargaining rather than giving the recipient power to conclude a contract by acceptance.

Revocation

The offeror's withdrawal of an offer; ordinarily effective when the offeree receives notice.

Rejection

The offeree's refusal of an offer, ordinarily ending the power to accept.

Counteroffer

A response proposing materially different terms; under common law it ordinarily terminates the original offer.

Inquiry

A question about possible terms that generally leaves the original offer open if it does not condition acceptance or reject the offer.

Lapse

Termination of an offer when its deadline passes or, if none is stated, after a reasonable time.

Option contract

An agreement supported by separate consideration that keeps an offer open for the agreed period.

UCC firm-offer rule

A rule that may make a merchant's signed written assurance to keep an offer to buy or sell goods open binding without the common-law option-contract analysis, if the rule's conditions are met.

Acceptance

Unqualified assent by the authorized offeree using a required or legally permitted method.

Mirror-image rule

Under common law, acceptance must match the offer; a response changing terms ordinarily is a counteroffer.

Mailbox rule

A properly dispatched acceptance by an authorized method ordinarily becomes effective on dispatch, unless an exception or contrary offer term applies.

Silence

Generally not acceptance by itself, although prior dealings, knowingly accepted benefits, or other circumstances may create exceptions.

Unilateral-offer performance

A legal agreement where an offer can be accepted only through full performance of a specified act rather than a return promise.

Common law

Generally governs service contracts and many agreements; it uses a relatively strict mirror-image approach.

UCC Article 2

Governs sales of goods and generally has more flexible acceptance rules than common law.

Predominant-purpose test

An approach sometimes used to determine whether a mixed goods-and-services transaction is mainly for goods or services.

Capacity

A person's legal ability to incur contractual obligations at the time of assent.

Genuine assent

Complete, free, and voluntary agreement by all parties to the terms of a contract. Without it, a contract is usually voidable, meaning the injured party can choose to cancel or rescind the agreement.

Minor

Generally a person under 18, subject to applicable law.

Disaffirmance

A minor's or other protected party's act of avoiding a voidable contract under the applicable rules.

Necessaries

Needed items or services, such as suitable food, clothing, shelter, or necessary medical care; they may create restitutionary liability for reasonable value furnished.

Ratification

Affirming or adopting a contract after the legal power to avoid it has arisen or the relevant incapacity has ended.