Introduction to Law

CHAPTER 1 CASES TO REVIEW

  • LAW: Definition and descriptions include:

    • William Blackstone: A rule of civil conduct prescribed by supreme power.

    • Justice Cardozo: Law predicts court decisions on legal questions.

    • Roscoe Pound: A system governing human activities with legal precepts.

  • Function of the Law:

    1. Dispute Resolution: Methods for resolving conflicts.

    2. Protection of Property: Ensures private ownership through contracts.

    3. Preservation of State: Maintains order through legal processes.

  • Classification of Law:

    1. Substantive vs. Procedural Law:

    • Substantive law defines rights and duties (e.g., contracts, property).

    • Procedural law outlines enforcement steps (e.g., court procedures).

    1. Public vs. Private Law:

    • Public law involves government rights/powers (e.g., criminal law).

    • Private law governs individual/entity relationships (e.g., family law).

    1. Civil vs. Criminal Law:

    • Civil law addresses wrongdoing to individuals, seeking compensation.

    • Criminal law focuses on offenses against society, prosecuted by the government.

  • Parties in a Civil Lawsuit and Civil Law: The plaintiff initiates the lawsuit against a defendant. Civil law pertains to the rights and duties between individuals.

  • Restatement of Law / Stare Decisis: Courts hold that prior decisions influence future cases to ensure consistency and legal stability.

CHAPTER 9

  • Four Required Elements of a Contract:

    1. Offer

    2. Acceptance

    3. Consideration

    4. Legal capacity

  • Contract Capacity / Void Contracts: Capacity to contract may be lacking due to mental incompetence, minors, or intoxication, making contracts void or voidable.

  • Bi-lateral vs. Uni-lateral Contracts:

    • Bi-lateral: Mutual exchange of promises.

    • Uni-lateral: One party makes a promise in exchange for a performance.

  • Goods / Sale / Breach / Express Contract: Goods involve movable items; sales are agreements to transfer goods; breach occurs when one party fails to fulfill the contract; express contracts have terms explicitly stated.

  • Article 2 of the UCC: Governs the sale of goods, providing a standardized approach to commercial transactions.

CHAPTER 10

  • Output Contracts and Requirement Contracts:

    • Output: Buyer agrees to purchase the entire output of the seller.

    • Requirement: Buyer agrees to purchase all requirements from a seller.

  • Variant Acceptances: Different under Common Law vs. UCC; Common Law applies the Mirror Image Rule, while UCC allows for varying terms as long as the essential agreement is clear.

  • Battle of the Forms / Mirror Image Rule: In contract law, the mirror image rule requires that acceptance must exactly match the offer, while UCC permits some variation in terms.

  • Offers and Communication and Intent (Advertisements): Advertisements may be considered invitations to deal but can also be offers if they are sufficiently definite.

  • Offers and Counteroffers / Acceptance of an Offer: A counteroffer negates the original offer; acceptance must be clear and communicated effectively to be valid.

  • Essential Elements of an Offer: Must contain a definite term, intent to create a legal obligation, and be communicated to the offeree.

  • Revocation / Rejection / Offeror / Offeree: An offer can be revoked before acceptance; rejection terminates the offer. The offeror is the one making the offer, while the offeree is the recipient.

  • Offer vs. Invitations to Deal: Offers create legal obligations upon acceptance; invitations to deal merely invite negotiation.

CHAPTER 12

  • Basic Elements of Consideration and Legal Sufficiency: Consideration involves a legal benefit and detriment; both parties must provide something of value.

  • Modification of a Pre-Existing Contract: Most modifications must be supported by new consideration to be enforceable.

  • Conditional Promise / Gratuitous Promise: Conditional promises depend on an event occurring; gratuitous promises lack consideration and are not enforceable.

  • Substituted Contracts / Requirements Contract / Statute of Limitations: Substituted contracts replace an original contract; requirement contracts involve purchasing all goods needed; statutes of limitations set deadlines for bringing legal claims.

  • Undisputed and Disputed Debt: Undisputed debt is accepted by both parties, while disputed debt involves disagreement over payment.

CHAPTER 13

  • Restraint of Trade: Includes terms in business sales and employment contracts that limit competition.

  • Exculpatory Clauses: Clauses that limit liability under certain conditions.

  • Licensing Statute / Regulatory License / Covenant Not to Compete: Govern the requirements for legal practices and agreements that restrict competition.

  • Usury Statutes / Revenue License / Wager: Usury laws restrict excessive interest on loans; revenue licenses allow businesses to operate legally; wagers involve risk-taking in exchanges.

  • Unconscionable Contracts: Contracts that are unfair or oppressive may be declared void for substantive or procedural unconscionability.

CHAPTER 14

  • Contractual Capacity / Mentally Incompetent Persons: Individuals lacking mental capacity may void contracts; guardianship addresses legal responsibilities.

  • Legal Guardianship / Void Contracts: Contracts can be void if made by individuals under guardianship.

  • Voidable Contracts: These contracts can be affirmed or rejected by the parties involved.

  • Necessaries: Minors may be held liable for contracts for necessary goods and services.

  • Disaffirmance by a Minor: Minors have the power to void contracts except under UCC provisions.

  • Ratification and Minors: Minors can ratify contracts upon reaching the age of majority, either explicitly or implicitly.