Law Exam 1

Administrative Law

The rules and regulations created by Federal and State administrative agencies (OSHA, FTC, state board)

Uniform Commercial Code (UCC)

Model act that includes provisions concerning certain sales of goods and negotiable instruments

Answer

An official document responding to the plaintiff’s complaint

E-contract

A type of contract is created electronically and must meet all of the same requirements for a contract under both common law and the UCC

Formal Contract

A legally enforceable contract that uses a prescribed format and contains standardized conditions and provisions in its text

Appeal

Request to a higher court to review a lower court’s decision

Appellate Courts

Courts that hear cases appealed from a lower court

Business Law

Rules of conduct for the performance of business transactions

Civil Law

The body of law concerned with private or personal rights

Common Law

The body of law derived from judicial decisions, rather than from statutes or constitutions

Complaint

The document which initiates a civil lawsuit

Crime

An offense which is injurious to society as a whole

Criminal Law

Laws dealing with crimes and the punishment of wrongdoers

Defendant

The party against whom legal action is brought

Discovery

The formal and informal exchange of information between sides in a lawsuit

Execution

The carrying out or completion of some task

Felony

Serious criminal offense punishable by imprisonment for more than one year or death

Injunction

A judicial order or decree forbidding certain conduct

Judgment

A decision of a court

Law

Governmental rule prescribing conduct and carrying a penalty for violation

Misdemeanor

A less serious crime punishable by fine and/or imprisonment of less than one year

Case Law

Appellate court decisions based on custom, usage, and prior decisions

Ordinance

Law enacted by a local unit of government

Plaintiff

The person/party who initiates a civil action

Stare Decisis

The principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future

Statutes

Laws which are enacted by legislative bodies

Summons

A notice given to a defendant, attaching the complaint and stating a time frame in which to respond

Tort

A private or civil wrong against a person or their property, other than by breach of contract, for which there may be action for damages

Trial Court

Court which conducts the original trial of a case

Precedent (Stare Decisis)

Previous court rulings on similar cases used by judges; court decision that determines the outcome in a subsequent, similar case

Mens Rea

The “guilty mind”; mental state required to prove a crime

Actus Reus

The “guilty act”; actual criminal conduct that must be proven

4th Amendment

Protects against unreasonable search/seizure

5th Amendment

Protection against in-criminalization

6th Amendment

Right to an attorney

What are considered petty offenses?

Violations and traffic infractions

What are considered crimes?

Felonies and misdemeanors

Quasi Contract

A contract created or implied by law to prevent unjust enrichment

Civil Law Procedure

Complaint → summons → answer → discovery → trial → judgement → execution

Liability

Responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable (different from “guilty”)

Intentional Tort

Knowing/intentionally engaging in conduct meant to cause damage or loss

Negligence Tort

Carelessly/negligently causing unintentional damage or loss

Strict Liability Tort

Held liable without needing to prove intent or negligence (often seen in product liability)

Tort Claim

Filed in civil court; one party seeks compensation for injury/loss from another party’s act or omission

Contract

A legally enforceable agreement

What are the elements of a contract?

Offer (proposal), acceptance (agreement to terms), contractual capacity (legal ability to enter a contract), and consideration (bargained-for exchange)

Malpractice

Failure to perform a professional service with the ability and care generally exercised by others in the profession

Express Contract

An agreement in which the parties communicate their intentions either verbally or in writing

Implied Contract

A legally enforceable agreement in which the terms are set by acts or conduct of the parties rather than expressed verbally or in writing

Acceptance

An agreement to an offer resulting in a contract

Bilateral Contract

A legally enforceable agreement which consists of mutual promises to perform future acts

Consideration

The bargained-for exchange in a contract

Contractual Capacity

The legal ability to enter into a contract

Executed Contract

A legally enforceable agreement in which the terms have been fulfilled

Executory Contract

A legally enforceable agreement in which the terms have not been completely executed or fulfilled

Fiduciary

A person in relationship of trust and confidence

Minor

Those persons under legal age; for most states, the standard is under the age of eighteen

Duress

Removing one’s free will and obtaining consent by means of a threat

Disaffirmance

Election to avoid a voidable contract

Counteroffer

A change to an original offer that rejects that offer and becomes a new offer

Acceptance

An agreement to an offer resulting in a contract

Accord and Satisfaction

An agreement made and executed in fulfillment of the rights one has from a previous contract

Antitrust Law

Laws which seek to promote competition among businesses

Assignment

A means whereby one party in a contract conveys rights to another, who is not a party to the original contract

Assignee

A third-party to whom rights in a contract are assigned

Assignor

The party assigning rights in a contract to a third-party

Breach of Contract

Failure or refusal to perform contractual obligations

Creditor Beneficiary

A third-party beneficiary owed a debt by a party to a contract

Compensatory Damages

An award paid to the injured party to cover the exact amount of their loss, but no more

Discharge

Any method by which a legal duty is extinguished

Donee Beneficiary

A third-party beneficiary to whom no legal duty is owed and performance is a gift

Fraud

Inducing another to contract as a result of an intentionally or recklessly false statement of a material fact

Goods

Movable tangible personal property

Liquidated Damages

Reasonable damages stipulated in a contract to be paid in the event of a breach

Misrepresentation

False statement of a material fact

Nominal Damages

Small amount awarded when there is a technical breach by no injury

Offer

A proposal to make a contract

Offeree

The party to whom an offer is made

Offeror

The party who initiates or make an offer

Promissory Estoppel

An equitable doctrine and substitute for consideration that prevents the promisor from revoking the promise when the promisee justifiably relies to their detriment

Punitive Damages

An award paid to the plaintiff in order to punish the defendant

Ratification

Approving an act which was executed without authority; electing to be bound by a voidable contract

Rejection

Refusal to accept

Revocation

Cancellation of an instrument by the maker or drawer; rescinding an offer

Rescission

To set aside or cancel a contract

Real Property

Land and those objects permanently attached to the land

Specific Performance

A remedy by which the court requires the breaching party to perform the contract

Statute of Frauds

Law requiring certain contracts be in writing to be enforceable

Statute of Limitations

A law that restricts the period of time within which an action may be brought to court

Third-party Beneficiary

Person not party to a contract, but whom parties intended to benefit

Unilateral Contract

A contract formed when an act is done in consideration for a promise

Unenforceable Contract

An agreement which at the current time is not enforceable by law

Undue Influence

Improper influence that is asserted by one dominant person over another, without the threat of harm

Usurious

Exceeding the maximum rate of interest which may be charged on loans

Valid Contract

A contract which is legally enforceable

Void Contract

An agreement of no legal effect

Voidable Contract

A contract which would be an enforceable agreement, but due to circumstances may be set aside by one of the parties

Novation

The substitution of a new party for one of the original parties to a contract, such that the prior contract terminates and a new one substitutes for it