General Legal and Contract Terms

1. "as is": A sale term indicating the buyer accepts the item in its current condition, with no warranties.

2. "But for" test: A causation test in tort law asking whether harm would not have occurred "but for" the defendant's action.

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

4. Accord and Satisfaction: Settlement where parties agree to discharge a claim by different terms.

5. Alternate dispute resolution (ADR): Methods like arbitration or mediation to resolve disputes outside court.

6. Anticipatory repudiation: When one party signals they will not fulfill contractual obligations before the due date.

7. Appellate court's functions: Reviews lower court decisions for legal errors, not facts.

8. Assignment of rights: Transfer of contractual rights to another party.

9. Auctions: Sales where goods go to the highest bidder (with/without reserve).

10. Commercial impracticality: Defense for non-performance due to unforeseen, extreme disruptions.

11. Commercial reasonableness: Standard requiring fairness in business practices under the UCC.

12. Complaint (document): Legal document initiating a lawsuit by stating claims.

13. Consequential damages: Indirect damages from a breach (e.g., lost profits).

14. Contract conditions: Terms that must be met for a party’s performance to be due.

15. Contracts: Legally enforceable agreements between parties.

16. Copyrights: Legal rights protecting original works of authorship.

17. Covenant not to compete: Agreement restricting one party from competing post-employment/sale.

18. Crimes: Acts punishable by law (felonies/misdemeanors).

19. Cybercrimes: Criminal acts involving computers (e.g., hacking).

20. Cybersquatting: Registering domain names in bad faith to profit from trademarks.

21. Cyberterrorism: Using technology to conduct terrorist activities.

22. Death penalty: Capital punishment for severe crimes.

23. Defamation (Libel/Slander): False statements harming reputation (written/spoken).

24. Damages: Monetary compensation for loss or injury.

25. Discharge of agreement: Termination of contractual obligations (e.g., performance, agreement).

26. District Attorney/Attorney General/Prosecutor: Officials who represent the state in criminal cases.

27. Duress: Coercion invalidating consent in contracts.

28. Delegation of duties: Transfer of contractual duties to another party.

29. Ethics: Moral principles guiding conduct (e.g., utilitarianism, duty-based).

30. Exculpatory clauses: Contract terms waiving liability for harm.

31. Felony/Misdemeanor: Serious crimes (felonies) vs. minor offenses (misdemeanors).

32. First Amendment: Protects freedoms of speech, religion, press, assembly, and petition.

33. First sale doctrine: Limits copyright control after the first sale of a work.

34. Fraud (contracts): Intentional deception to induce a contract.

35. Goods v. services: Tangible items (goods) vs. intangible acts (services).

36. How are Federal Statutes applied?: Enforced nationwide, preempting conflicting state laws.

37. Identification of goods: Designating specific goods in a sales contract.

38. Incidental and intended beneficiaries: Third parties who may benefit from a contract (incidental = no rights; intended = enforceable rights).

39. Judicial review: Courts' power to assess the constitutionality of laws/actions.

40. Jurisdiction: Authority of a court to hear a case.

41. Landlord's responsibilities: Duties like maintaining habitable premises.

42. Larceny: Unlawful taking of property (theft).

43. Lease: Contract for temporary property use in exchange for rent.

44. Licensing patents/software/trademarks: Granting permission to use intellectual property.

45. Malware: Malicious software (e.g., viruses).

46. Merchant: A professional dealing in goods of a certain kind.

47. Miranda rights: Rights read to detainees (right to remain silent, etc.).

48. Misrepresentation: False statements (innocent or fraudulent).

49. Mistake of fact (Criminal): Defense claiming honest error negates intent.

50. Mistake of Value in contracts: Error about value (usually does not void contracts).

51. Negligence (Elements): Duty, breach, causation, and damages leading to liability.

52. Nonconforming goods: Items that fail to meet contract specifications.

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

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

### UCC and Tort-Specific Terms

55. Punitive damages: Awards to punish egregious misconduct.

56. Purpose of UCC: Standardizing commercial law across states.

57. Reasonable Person: Hypothetical standard for prudent behavior in torts/contracts.

58. Rights of accused: Protections like a fair trial and presumption of innocence.

59. Signature needed to enforce a contract: Some contracts (e.g., Statute of Frauds) require written signatures.

60. Specific Performance: Court order to fulfill contractual duties (common in unique goods/land).

61. Statute of Frauds: Requires certain contracts (e.g., land sales) to be in writing.

62. Strict Liability in Tort: Liability without fault (e.g., for ultrahazardous activities).

63. Substantial performance: Near-complete fulfillment of a contract, allowing recovery minus defects.

64. Tender payment: Offer of payment as required by contract.

65. Trade Secrets: Confidential business information (e.g., formulas).

66. Trademark: Symbols identifying goods/services (protected against infringement/dilution).

67. Typosquatting: Registering misspelled domains to divert traffic.

68. U.S. Constitution: Supreme law of the U.S., outlining government structure and rights.

69. UCC v. Common Law Contracts: UCC governs goods sales; common law covers services/real estate.

70. UCC: acceptance of goods: Buyer’s agreement to take conforming/nonconforming goods.

71. UCC: additional terms: New terms in acceptance may become part of the contract.

72. UCC: rejection of nonconforming goods: Buyer’s right to refuse goods that don’t meet terms.

73. UCC: revocation of acceptance: Buyer’s withdrawal of acceptance due to hidden defects.

74. UCC: tender of nonconforming goods: Delivery of goods that don’t fully meet contract terms.

75. UCC: Usage of Trade: Industry customs that interpret contract terms.

76. UCC: Warranties: Guarantees about goods (e.g., merchantability, fitness for purpose).

77. Unconscionability: Unfair contract terms that courts may void.

78. Undue influence: Coercion overpowering someone’s free will in contracts.

79. Unmerchantability: Goods not fit for ordinary purposes.

80. Usury laws: Caps on interest rates to prevent excessive charges.