Weekly Recap Ch. 1 - 8

Law

Governmental rule prescribing conduct and carrying a penalty for violation; “A rule of civil conduct, commanding what is right and prohibiting what is wrong.” - Sir William Blackstone

Causation

the injury was caused by the defendant’s act or something set in motion by the act.

Contributory Negligence

Negligence on the part of the injured party, which completely bars recovery

Comparative Negligence

when the parties share fault and damages (in some states)

Product Liability

manufacturers, dealers, suppliers, and rental companies can be sued based on negligence or strict liability.

Negligence in Business Torts

manufacturers and suppliers are liable for use or condition of the product, design defect, or failure to warn

Strict Liability

any business in the product chain (manufacturer, wholesaler, or retailer) can be liable without fault if the product is defective and dangerous to consumer.

Constitutional Law

the body of law that deals with the interpretation and application of a country's constitution

Administrative Law

the body of law that regulates the operation and procedures of government agencies.

Administrative Law, Legislative Law, and Constitutional Law

The Types of Law

Criminal Law

Law dealing with offenses against society

Civil Law

Law dealing with enforcement or protection of private rights

Felony

punishable by more than one year in prison.

Misdemeanor

punishable by fine, imprisonment in county jail.

Tort

Private wrong for which damages may be recovered; a private civil wrong or injury by a ‘tortfeasor’ for which the law provides damages (intentional or unintentional/negligence)

Precedent

Court decision that determines the decision in a subsequent, similar case

Stare Decisis

 Principle that a court decision controls the decision of a similar future case

Negligence

the failure to exercise reasonable care.

Classification of Federal Courts

1. U.S. Supreme Court

2. U.S. Court of Appeals 

3. Special Federal Courts & Federal District Courts

Classification of State Courts

1. State Supreme Courts

2. State Courts of Appeals 

3. Inferior Courts & Small Claims Court

Court Officers

❧ Judge

❧ Bailiff 

❧ Marshal

❧ Clerk of Court

❧ Attorney 

Filing a Suit

1. Filing Suit. 

2. Notice of Suit (summons and process) 

3. Response.

4. Discovery. 

5. Fact-Finding.

Trial Procedure

1. Jury selected and sworn in. 

2. Plaintiff’s attorney makes opening statement, then defense attorney. 

3. Plaintiff presents evidence, then defense. 

4. Each side has a closing statement summarizing evidence.

5. The judge instructs the jury. The judge determines the law of the case, the jury determines the facts.

6. The jury adjourns to reach a verdict. Unless the judge sets the verdict aside (rare), a judgment is entered in accord with the verdict

Debarment

Prohibition on doing business with government

5 Requirements of a valid contract

1. It must be based on mutual agreement by the parties to do or not do a specific thing.

2. It must be made by parties who are competent to enter into a contract that will be enforceable against both parties.

3. The promise or obligation of each party must be supported by consideration (such as the payment of money, the delivery of goods, or the promise to do or refrain from doing some lawful future act) given by each party to the contract.

4. It must be for a lawful purpose; that is, the purpose of the contract must not be illegal, such as unauthorized buying and selling of narcotics.

5. In some cases, the contract must meet certain formal requirements, such as being in writing or under seal.

The Uniform Commercial Code

Regulates sales of goods. The code provides that when a contract for the sale of goods is modified by agreement of the parties, no consideration is necessary to make it enforceable.

Two essential elements of a contract

1. an offer, either expressed or implied; 

2. an acceptance, either expressed or implied.

Contracts

Legally enforceable agreement

Agreements

whenever two or more people’s minds meet on any subject, no matter how trivial

Consideration

What promisor requires as the price for a promise

Classification of Contracts

1. Contracts, Void Agreements, or Voidable Contracts

2. Express and Implied Contracts

3. Formal and Simple Contracts

4. Executory and Executed Contracts 

5. Unilateral and Bilateral Contracts

Express

Contract with the terms of the agreement specified in words

Implied

Contract with major terms implied by the parties’ conduct

Executory

Contract not fully carried out

Executed

Fully performed contract

Unilateral

Contract calling for an act in consideration for a promise

Bilateral

Contract consisting of mutual exchange of promises

Void

Of no legal effect

Voidable

Enforceable agreement that may be set aside by one party

Formal

contract with special form or manner of creation; seal, recognizances, and negotiable instrument

Simple

contract that is not formal

3 requirements of a valid offer

1. It must be definite.

2. It must appear to be seriously intended.

3. It must be communicated to the offeree.

Offeror

A person who makes an offer

Offeree

A person to whom an offer is made

Counteroffers

Offeree’s response that rejects offer by varying its terms

Revocation

Offeror may revoke an offer at any time before its acceptance. If it has been revoked, the offeree can no longer accept it and create a contract.

Acceptance

1. Assent of buyer to become owner of goods

2. Assent to an offer resulting in a contract

3. Drawee’s signed agreement to pay draft

The rare cases in which silence constitutes acceptance

1. When the offeree accepts the benefit of offered services with reasonable opportunity to reject them, knowing compensation is expected

2. When the offeree has given the offeror reason to know that assent might be shown by silence, and in remaining silent the offeree intends to accept the offer

3. When, because of previous dealings, it is reasonable for the offeree to notify the offeror of non-acceptance

Unenforceable contract

Agreement that is not currently binding

Implied in fact Contract

Contract with major terms implied by the parties’ conduct

Formal Contract

Contract with special form or manner of creation

Quasi Contract or Implied in Law Contract

Imposition of rights and obligations by law without a contract

Unjust Enrichment

One party benefiting unfairly at another’s expense

Offer

A proposal to make a contract

Option

Binding promise to hold an offer open

Firm Offer

A merchant’s signed, written offer to sell or purchase goods, saying it will be held open

The Mailbox Rule

If there is no requirement of delivery, a properly mailed acceptance is effective when it is posted

Ratification

1. Approval of unauthorized act; 

2. Indication by adult that a contract made while a minor is binding

Disaffirmance

 Repudiation of a voidable contract

Forbearance

Refraining from doing something

Contacts with incompetent people

void, unless not declared so by court. If the court has not declared them incompetent contracts are voidable

Contracts with intoxicated people

voidable, unless a habitual user.

Promissory Estoppel

Substitute for consideration when another acts in reliance on a promisor’s promise