LAW 2150 TEST 3 REVIEW

What is the burden of proof in criminal cases?

The evidence must be so strong that there is no other logical explanation for what happened.

Define felony.

A very serious crime that can send you to prison for more than a year or even get the death penalty.

Define misdemeanor.

A less serious crime that usually means a fine or up to one year in jail.

What are actus reus and mens rea?

The guilty action (what you did or did

The guilty mind (what you were thinking or intending).

When is omission a crime?

Only if the law gives you a clear responsibility to do something, and you do nothing instead.

Example of strict liability crime?

The government only has to prove that you did the act, not what you were thinking, usually for laws that protect public safety.

Define robbery.

Stealing from someone by using force or threats; it becomes aggravated robbery if you use a deadly weapon.

Define larceny.

Stealing someone’s property and planning to keep it for good.

Define burglary.

Unlawful entry into building to commit felony; aggravated with weapon or dwelling.

What is forgery?

Fraudulently making/altering writing to change legal rights/liabilities.

Define white-collar crime.

Non-violent business crimes for advantage (e.g., embezzlement, fraud).

When does bribery occur?

When offered; acceptance not required.

Define money laundering.

Financial transactions hiding illegal funds' source via legit business.

What is RICO?

Racketeer Influenced and Corrupt Organizations Act; targets organized crime in business.

Self-defense rules?

Use force only when it makes sense/matches the situation.

choose non-deadly force first.

Never use deadly force just to protect property.

Mistake defense applies to?

"I didn't know what I was doing" (Fact) is a defense. "I didn't know it was illegal" (Law) is not.

Entrapment defense?

When a government official pressures someone to commit a crime they normally wouldn’t have done.

What is a contract?

An agreement between parties that a court will enforce.

What is the objective theory of contracts?

Courts look at how parties acted and what they said to decide intent, using a reasonable person standard.

What 3 objective facts do courts look at under the objective theory of contracts?

What was said

How the party acted or appeared

The details of the deal

Who is the offeror?

The person who makes the offer.

Who is the offeree?

The person to whom the offer is made.

What is a bilateral contract?

A “promise for a promise”; the offeree accepts by promising to perform.

What is a unilateral contract?

A “promise for an act”; the offeree accepts only by completing the performance.

When can a unilateral offer no longer be revoked?

Once the person who accepted the offer has started doing a meaningful part of the job.

What is substantial performance (in a unilateral contract)?

Performance far enough along that the offeror cannot fairly revoke the offer.

What is a formal contract?

A contract has to be in a certain format—usually written down—to be legally valid and enforced.

What is an informal contract?

Any contract that does not need a special form

What is an express contract?

A contract formed by spoken or written words.

What is an implied (in fact) contract?

A contract created by how the people act, even if they didn’t say it out loud or write it down.

What are the 3 requirements for an implied contract?

Mutual agreement: Both people show they agree through their actions, even if they don’t say it out loud.

Consideration: Each person gives or promises something of value in the agreement.

Intent to be bound: Both people mean for the agreement to be serious and legally enforceable

What is a valid contract?

A contract that has agreement, consideration, capacity, and legality is enforceable.

What is a void contract?

No legal contract at all.

What is a voidable contract?

A valid contract that a party can cancel (avoid) so it becomes unenforceable.

What are the 4 required elements of a valid contract?

Agreement (offer and acceptance), consideration, contractual capacity, and legality.

What happens if one of the 4 elements of a contract is missing?

You do not have an enforceable contract.

What is “agreement” in contract law?

A meeting of the minds made up of offer and acceptance.

What is an offer?

A promise or commitment to do or not do something in the future.

What 3 things are required for a valid offer?

Serious intent, definite terms, and communication to the offeree

How is intent in an offer judged?

By what a reasonable person in the offeree’s position would think.

List 5 situations where intent to contract may be lacking.

Expressions of opinion

Statements of future intent

Preliminary negotiations

Invitations to bid

Advertisements/price lists

What is “definiteness of terms” in an offer?

The terms must be clear enough that we know who the parties are and what is being agreed to.

What 4 terms usually must be definite in an offer?

Identification of the parties, subject matter, consideration, and time of payment/delivery/performance.

What is the communication requirement for an offer?

The offeree must know about the offer, either directly from the offeror or through the offeror’s agent.

What are the two main ways an offer can be terminated?

By action of the parties or by operation of law.​

What is revocation of an offer?

The offeror withdrawing the offer any time before acceptance, effective when received by the offeree or their agent.

What is an irrevocable offer?

An offer the court will not let the offeror revoke because the offeree relied on it and changed position.

What is rejection of an offer?

When the offeree says no (expressly or by conduct), ending the offer when the offeror receives the rejection.

What is a counteroffer?

The offeree rejects the original offer and makes a new offer at the same time.

What is the mirror image rule for offers?

Any change in terms is a rejection and counteroffer; acceptance must match the offer exactly.

What is “lapse of time” as a way to terminate an offer?

The offer ends when the stated time passes, or after a reasonable time if no time is stated.

What happens if the subject matter of an offer is destroyed before acceptance?

The offer is automatically canceled.

What happens if the offeror or offeree dies or becomes incompetent?

The offer automatically ends, unless it is an irrevocable offer.

What is supervening illegality?

A new law or court decision makes the proposed contract illegal, so the offer ends or the contract becomes unenforceable.

What is acceptance?

The offeree’s voluntary act (words or conduct) showing agreement to the offer’s terms.

What is “unequivocal” acceptance?

Acceptance that clearly agrees to the offer with no changes; it mirrors the offer.

What is the general rule about silence as acceptance?

Silence is usually not acceptance.

When can silence count as acceptance?

When the offeree has a duty to speak, such as taking benefits with a chance to reject or having prior dealings with the offeror.

When is acceptance timely in a bilateral contract?

When it is made before the offer is revoked or otherwise terminated.

What is the mailbox rule?

Acceptance is effective when it is sent using an authorized method (for example, when mailed).

When is an acceptance by U.S. Mail effective under the mailbox rule?

When it is dispatched (put in the mail), not when it is received.

When is acceptance considered valid under the mailbox rule?

When it leaves the offeree’s control.

What are authorized means of acceptance?

The methods the offeror specifies (expressly or impliedly); if not used, there may be no valid acceptance.​