General Legal and Contract Terms

What does "as is" mean in a sale context?

A sale term indicating the buyer accepts the item in its current condition, with no warranties.

What is the "But for" test in tort law?

A causation test asking whether harm would not have occurred 'but for' the defendant's action.

What constitutes acceptance of an offer?

Agreement to the terms of an offer, forming a binding contract.

What is Accord and Satisfaction?

Settlement where parties agree to discharge a claim by different terms.

What does Alternate Dispute Resolution (ADR) involve?

Methods like arbitration or mediation to resolve disputes outside of court.

What is anticipatory repudiation?

When one party signals they will not fulfill contractual obligations before the due date.

What are the functions of appellate courts?

Reviews lower court decisions for legal errors, not facts.

What is the assignment of rights in a contract?

Transfer of contractual rights to another party.

How do auctions operate?

Sales where goods go to the highest bidder, with or without reserve.

What is commercial impracticality?

Defense for non-performance due to unforeseen, extreme disruptions.

What does commercial reasonableness require?

Standard requiring fairness in business practices under the UCC.

What is a complaint in legal terms?

Legal document initiating a lawsuit by stating claims.

What are consequential damages?

Indirect damages from a breach, such as lost profits.

What are contract conditions?

Terms that must be met for a party’s performance to be due.

What defines a contract?

Legally enforceable agreements between parties.

What do copyrights protect?

Legal rights protecting original works of authorship.

What is a covenant not to compete?

Agreement restricting one party from competing post-employment or sale.

What are crimes classified as?

Acts punishable by law, which can be felonies or misdemeanors.

What are cybercrimes?

Criminal acts involving computers, such as hacking.

What is cybersquatting?

Registering domain names in bad faith to profit from trademarks.

How is cyberterrorism defined?

Using technology to conduct terrorist activities.

What is the death penalty?

Capital punishment for severe crimes.

What constitutes defamation?

False statements that harm reputation, either written (libel) or spoken (slander).

What are damages in legal terms?

Monetary compensation for loss or injury.

What does discharge of agreement mean?

Termination of contractual obligations, such as performance or mutual agreement.

Who are the District Attorney, Attorney General, and Prosecutor?

Officials who represent the state in criminal cases.

What is duress in contract law?

Coercion that invalidates consent.

What is delegation of duties?

Transfer of contractual duties to another party.

What do ethics refer to in a legal context?

Moral principles guiding conduct, such as utilitarianism and duty-based ethics.

What are exculpatory clauses?

Contract terms that waive liability for harm.

What is the difference between a felony and a misdemeanor?

Felonies are serious crimes, while misdemeanors are minor offenses.

What does the First Amendment protect?

Freedoms of speech, religion, press, assembly, and petition.

What is the first sale doctrine?

Limits copyright control after the first sale of a work.

What does fraud in contracts entail?

Intentional deception to induce a contract.

What is the difference between goods and services?

Goods are tangible items, while services are intangible acts.

How are Federal Statutes applied?

Enforced nationwide, preempting conflicting state laws.

What is identification of goods in a sales contract?

Designating specific goods to be sold.

What are incidental and intended beneficiaries?

Third parties who may benefit from a contract; incidental have no rights, while intended have enforceable rights.

What is judicial review?

Courts' power to assess the constitutionality of laws or actions.

What is jurisdiction in legal terms?

Authority of a court to hear a case.

What are the landlord's responsibilities?

Duties such as maintaining habitable premises.

What is larceny?

Unlawful taking of property, also known as theft.

What is a lease?

Contract for temporary use of property in exchange for rent.

What does licensing involve regarding patents, software, and trademarks?

Granting permission to use intellectual property.

What is malware?

Malicious software, such as viruses.

What defines a merchant in business?

A professional who deals in goods of a certain kind.

What are Miranda rights?

Rights read to detainees, such as the right to remain silent.

What is misrepresentation?

False statements that can be either innocent or fraudulent.

What is a mistake of fact in criminal law?

Defense claiming that an honest error negates intent.

What is a mistake of value in contracts?

Error about value, which typically does not void contracts.

What are the elements of negligence?

Duty, breach, causation, and damages leading to liability.

What are nonconforming goods?

Items that fail to meet contract specifications.

What is novation?

Replacing an old contract with a new one, involving new parties.

What is proximate cause?

Legal cause of harm, close enough to hold someone liable.

What are punitive damages?

Awards given to punish egregious misconduct.

What is the purpose of the UCC?

To standardize commercial law across states.

What defines a reasonable person in torts or contracts?

A hypothetical standard for prudent behavior.

What are the rights of the accused?

Protections such as a fair trial and presumption of innocence.

What type of contracts require a signature according to the Statute of Frauds?

Certain contracts, like land sale agreements, require written signatures to be enforceable.

What is specific performance?

A court order to fulfill contractual duties, often used for unique goods or land.

What does the Statute of Frauds require?

Certain contracts must be in writing to be enforceable.

What is strict liability in tort?

Liability without fault, applicable for ultrahazardous activities.

What is substantial performance?

Near-complete fulfillment of a contract allowing recovery except for defects.

What is tender payment?

Offer of payment as required by a contract.

What are trade secrets?

Confidential business information, such as formulas.

What does a trademark do?

Identifies goods or services and is protected against infringement.

What is typosquatting?

Registering misspelled domain names to divert traffic.

What is the U.S. Constitution?

The supreme law of the U.S., outlining government structure and rights.

What is the difference between UCC and common law contracts?

UCC governs sales of goods; common law governs services and real estate.

What does UCC acceptance of goods mean?

Buyer’s agreement to take conforming or nonconforming goods.

What happen to additional terms under UCC?

New terms in acceptance may become part of the contract.

What does UCC state about rejection of nonconforming goods?

Buyer has the right to refuse goods that don’t meet terms.

What does revocation of acceptance under UCC entail?

Buyer’s withdrawal of acceptance due to hidden defects.

What is the tender of nonconforming goods according to the UCC?

Delivery of goods that don’t fully meet contract terms.

What does Usage of Trade refer to under UCC?

Industry customs that interpret contract terms.

What do UCC warranties guarantee?

Guarantees about goods such as merchantability and fitness for a particular purpose.

What does unconscionability refer to in contracts?

Unfair contract terms that courts may void.

What is undue influence?

Coercion that overpowers someone’s free will in contracts.

What is unmerchantability?

Goods that are not fit for ordinary purposes.

What do usury laws regulate?

Caps on interest rates to prevent excessive charges.