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MBE Flashcards

1
Q

Three types of subject matter jurisdiction

A
  1. Federal Question 2. Diversity 3. Supplemental
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2
Q

Federal Question Jx

A

A case arising under federal law if the federal question appears on a fair reading of a well-pleaded complaint
AND
where the federal statute provides a remedy

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3
Q

When does a state law question meet federal question jx?

A

when the federal law’s impact on the state question is substantial

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4
Q

Original jurisdiction for federal courts

A

civil actions arising under the constitution, federal laws, treaties of the U.S., admiralty, and maritime cases, habeas corpus

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5
Q

Diversity jurisdiction

A

Completely diverse litigants AND amount in controversy greater than $75,000

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6
Q

Complete Diversity

A

dispute involves citizens of different states. No plaintiff and No defendant can share citizenship of the same state

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7
Q

When must the diversity requirement be met?

A

At the time the suit is filed

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8
Q

3 times diversity jx applies

A
  1. Citizens of different states in U.S.
  2. U.S. citizens and citizens of a foreign country
    3.) Foreign state v. U.S. citizen
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9
Q

Where is a party a citizen?

A

Where they are domiciled

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10
Q

Domicile Elements

A

1.) physical presence in the state
2.) intent to remain indefinitely

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11
Q

Where are corporations domiciled?

A

BOTH the state of its incorporation AND the state where it has its principle place of business/nerve center

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12
Q

Where is an unincorporated association domiciled?

A

Citizenship of all the members of the association

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13
Q

Class action- where is an unincorporated association domiciled?

A

The state under whose laws it is organized and the state where it has its PPB/nerve center

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14
Q

Supplemental Jurisdiction

A

federal court can hear state claims if those claims arise out of the same TOE as a claim the court has jx over

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15
Q

What other type of SMJx has to exist for supplemental jx to apply?

A

either federal question or diversity

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16
Q

Concurrent Jurisdiction

A

when federal and state jurisdictions both apply

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17
Q

Removal

A

D can remove a case from state to federal court if P could have originally brought case in federal court

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18
Q

Removal based in diversity

A

all D’s must be diverse from Plaintiff

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19
Q

Removal based in federal question

A

No need to show diversity, removal basically automatic

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20
Q

When can a D not remove a case to federal court?

A

When D is a citizen of the forum state

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21
Q

What must a D do to remove a case?

A

file a notice in the federal district court in the district the action is currently pending within 30 days of initial/ amended pleading

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22
Q

Who must consent to removal?

A

All defendants

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23
Q

Territorial Jurisdiction

A

the authority of a court to bind a party to the action

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24
Q

Three types of personal jurisdiction

A

In personam
In Rem
Quasi in Rem

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25
Q

In personam

A

D has physical presence or contractual relationship with the forum state

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26
Q

In Rem

A

Subject of lawsuit is land/ real property located within state

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27
Q

Quasi in Rem

A

P wants a judgment on real property owned by D within state

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28
Q

What must occur for In Personam jx to apply?

A

State law must be satisfied so long as state law is constitutional under due process of 14th Amendment

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29
Q

Long Arm Statutes

A
  • Domicile
    -Consent
  • Waiver
  • Service
    -Substantial Business
  • Minimum contacts
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30
Q

When are minimum contacts established?

A
  1. Has D purposefully availed himself with privileges of conducting activities within the state
  2. Must not offend traditional notions of fair play
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31
Q

When is substantial business established?

A

business must be so significant that the company is essentially at home there

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32
Q

When must service of the summons and complaint occur?

A

Within 90 days of the filing of the complaint

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33
Q

Contents of a summons

A

-signed by clerk
-ID court and parties
-directed at D
-name and address of P/atty
- Notify D of time period for answer
-Seal of the court

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34
Q

Who can serve?

A

A person 18 years or older who is not a party to the action?

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35
Q

Who can accept service? (individual)

A
  • The Defendant
  • Leaving process at usual home with a person of suitable age and discretion who also resides there
  • D’s registered agent
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36
Q

Who can accept service? (Corporation)

A
  • An officer
  • An agent
  • anyone authorized by law to accept service
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37
Q

Venue

A

The particular judicial district within a state where the suit can occur

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38
Q

When is venue proper?

A
  • The district in which any D resides
  • The district where a substantial portion of events occurred
  • The district where any D would be subject to PJx
    -Consent
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39
Q

Transfer of Venue

A

Court can freely transfer, even if venue is proper, for the convenience of the parties and witnesses

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40
Q

Improper Venue

A

Court can dismiss or transfer

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41
Q

Forum non Conveniens

A

allows a court to decline to exercise its jx and dismiss the action if there is a serious inconvenience and an adequate forum exists

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42
Q

Rules and Decision Act

A

applicable provisions of the federal constitution, treaties, and federal statutes, always take precedence over state law

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43
Q

The Erie Doctrine

A

Substantive law of state where federal court sits
Federal procedural law

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44
Q

When does the Erie Doctrine Apply?

A
  1. Diversity or supplemental jx exists
  2. state law that would apply conflicts with a federal rule, statute, etc.
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45
Q

A pleading for a claim for relief must contain:

A
  1. a short and plain statement of the grounds for jx and the facts of the claim
  2. a demand for relief
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46
Q

Requirements for responsive pleading

A
  1. admit/deny allegations
  2. file within 21 days of service
  3. raise any affirmative defenses or risk waiver
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47
Q

Objections that can be raised by motion

A
  • lack of SMJx
  • lack of PJx
  • improper venue
  • insufficient process
  • insufficient service
  • failure to state a claim on which relief can be granted
  • failure to joint a party under FRCP 19
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48
Q

Amended Pleadings

A
  • Within 21 days of service of the original
  • can be amended once freely, then leave or consent is needed
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49
Q

Doctrine of Relation Back

A

the court will treat an amended pleading as through it had been filed with the original
- must related back to same TOE

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50
Q

Rule 11 requirements

A
  1. every pleading must be signed
  2. must not be harassing D
  3. claims are warranted by law
  4. facts have or should have evidentiary support
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51
Q

Rule 11 Sanctions

A

If any of the requirements are violated, sanctions may be imposed after notice and an opportunity to be heard

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52
Q

Two types of provisional relief

A
  1. TROs
  2. Preliminary injuctions
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53
Q

Standard for provisional relief

A
  1. substantial liklihood of success on the merits
  2. irreparable harm will occur
  3. Harm to plaintiff if not granted is greater than harm to D if granted
  4. will not be adverse to public interest
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54
Q

Joinder of Claims

A

A party may join as many claims in a single action as the party has against an opposing party

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55
Q

Compulsory Counterclaim

A

arises out of same TOE as original claim

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56
Q

Permissive Counterclaim

A

any claim a party has against an opposing party that is not from the same TOE

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57
Q

Cross-claims

A

a claim against a party who is not an opposing party
- must have either fed question or diversity and arise from same TOE

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58
Q

Joinder of Parties

A

-must be subject to service of process
AND
-whose joinder will not destroy diversity

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59
Q

Joinder of parties Test

A
  1. in that party’s absence, the court cannot grant complete relief OR
  2. the party claims an interest relating to the subject of the action
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60
Q

Interpleader

A

Third party who holds some disputed property can file to resolve liability

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61
Q

Impleader/ Third Party Practice

A

D can proceed against a non-party who may be liable to plaintiff

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62
Q

Intervention

A

A non-party can assert a right or interest in an ongoing action

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63
Q

Intervention Test

A
  1. federal statute confers an absolute right to intervene
  2. non party is asserting a protectable interest relating to the subject of the lawsuit.
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64
Q

Class action requirement

A
  1. Numerosity
  2. Commonality
  3. Typicality
  4. Adequacy of Representation
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65
Q

A party is entitled to discovery that:

A
  1. relevant to the claim or defense of any party
  2. not unreasonably cumulative or burdensome
  3. not privileged
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66
Q

Mandatory Disclosures

A
  1. Information about individuals likely to have discoverable info
  2. total damages claimed and support
  3. insurance agreements
  4. ID of witnesses that may testify
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67
Q

Supplemental Discovery Rule

A

a party must supplement discovery re3sponse with any information that would have been subject to mandatory disclosure requirement

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68
Q

Types of Privilege

A
  1. Atty/client
  2. Spousal privilege
  3. priest/penitent
  4. doctor/ patient
  5. psychotherapist/ patient
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69
Q

Discovery Devices

A
  1. Depositions
  2. Interrogatories
  3. Document Requests
  4. Requests for Admission
  5. Physical and Mental Examination
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70
Q

Default

A

entry of default must be entered by the clerk if there is a failure to answer or respond

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71
Q

Sum certain default

A

affidavit showing amount due, P gets damages claims

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72
Q

Not sum certain default

A

More proof is needed for P to be awarded damages claimed

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73
Q

Rule for dismissal on failure to state claim

A

w/ privilege unless otherwise stated

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74
Q

Demand for jury trials

A

made within 14 days of service of last pleading

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75
Q

Peremptory Challenges

A

cannot be used to exclude jurors on the basis of race or gender

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76
Q

12(b)(6) dismissal

A
  • fails to state cognizable claim
  • provides insufficient facts
  • allegations negate one or more CoA
    w/ prejudice
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77
Q

Dismissal for failure to prosecute

A

P fails to proceed on their claim
w/ prejudice

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78
Q

Motion for Summary Judgment

A

granted if the moving party shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
-based on evidence that MAY be introduced at trial

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79
Q

Motion for a judgment on the pleadings

A

12(c)- after pleadings are closed and before trial a party may move for judgment

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80
Q

Motion for a more definite statement

A

12(e) when pleading is so vague that more facts are required
made before responsive pleading

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81
Q

Motion to strike

A

12(f)- court may strike from a pleading an insufficient defense or redundant matters

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82
Q

Judgment as a matter of law

A

granted if the moving party shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as matter of law
- based on evidence that WAS introduced at trial

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83
Q

Renewed Judgment as a matter of law

A

made within 28 days after verdict
same analysis as JMOL
no reasonable jury could reach verdict
must have made proper JMOL during trial

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84
Q

Motion for new trial

A
  • avoiding reversible error
  • when jury verdict is too excessive/ jury misunderstood duty
  • evidence of jury misconduct
  • verdict is against the clear wweight of the evidence
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85
Q

Remittitur

A

party asks judge to reduce excessive damages

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86
Q

Additur

A

unconstitutional

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87
Q

Relief from judgment or order

A

court can correct clerkical mistake in a judgment

88
Q

Number of jurors

A

no less than 6 nor more than 12

89
Q

Verditcs

A

unless stipulated otherwise, verdict must be unanimous

90
Q

Res judicata

A

Claim preclusion

91
Q

Collateral estoppel

A

issue preclusion

92
Q

Claim preclusion elements

A

1) between the same parties and those who are in privity with them
2) arising out of the same TOE
3) claims were determined on the merits by a court with proper jx

93
Q

Issue preclusion rule

A

bars re-litigation of issues that were fully and fairly litigated and were necessarily decided in a proceeding that reached a final judgment on the merits
* cannot be used against someone who was not a party to previous suit

94
Q

interlocutory orders

A
  • not final adjudication on the merits
  • generally unappealable before final judgment
95
Q

Collateral Order doctrine

A

When an interlocutory order can be appealed
1) conclusively determines the disputed question
2) resolves an important issue completely separate from the merits
3) is effectively unreviewable on appeal from final judgment

96
Q

Final Judgment Rule

A

Only a final judgment can be appealed

97
Q

Standard of review for conclusions of law

A

De Novo

98
Q

Standard of review for findings of fact

A

Clearly erroneous

99
Q

Standard of review for judge decisions

A

abuse of discretion

100
Q

Harmless error doctrine

A

Errors that do not effect substantial rights will not result in a reversal

101
Q

Governmental/ Sovereign Immunity under the 11th Amendment

A

the government may not be sued without its consent
- excludes local governments

102
Q

Exceptions to 11th Amendment Immunity

A

1) suits against state officials for abusing their power
2) federal suits that are state v. state
3) suits for injunctions against state officials

103
Q

Case or controversy

A

real and substantial dispute that touches the legal relations of parties having adverse interests and that can be resolved by a judicial decree

104
Q

Which court can render advisory opinions?

A

State courts

105
Q

Declaratory judgment

A

decision where court is requested to determine the legality of proposed conduct without awarding damages or injunctive relief

106
Q

RAMPS Requirements

A

Ripeness
Abstention
Mootness
Political Questions
Standing

107
Q

Mootness

A

when the matter has already been resolved

108
Q

Ripeness

A

claim is not fully developed/ statute hasn’t been enforced

109
Q

Abstention

A

court may abstain from cases where there are undecided issues of state law

110
Q

Standing

A

1) injury in fact
2) causation
3) redressability

111
Q

Third-party standing

A

1) special relationship exists between claimant and third party
2) third party has been constitutionally injured
3) third party would be unable to bring his own suit

112
Q

Political Question

A

a matter assigned to another branch by the constitution or incapable of a judicial answer

113
Q

SCOTUS Jurisdiction

A

Congress may not enlarge nor restrict

114
Q

Grounds for SCOTUS appellate jx

A

1) by appeal
2) writ of certiorari

115
Q

Grounds for Certiorari

A

1) conflicts between different federal courts
2) conflicts between two states’ highest courts
3) conflicts between state high court and federal court
4) from other courts involving important, unresolved issues

116
Q

Adequate and Independent State Grounds

A

even where a fed question exists, if state court can adequately rule on an independent state ground, SCOTS will not take Jx

117
Q

Congress Enumerated Powers

A
  • collect taxes and spend money
  • borrow money
  • regulate commerce between foreign nations and between states
  • declare war
  • raise and support military
118
Q

Congress Implied Powers

A

to make all laws which shall be necessary and proper

119
Q

Enabling Clauses

A

-found in 13, 14, 15
- gives congress power to enforce those amendments by appropriate legislation

120
Q

Affectation Doctrine

A

congress has the power to regulate any economic activity that has a substantial effect on interstate commerce

121
Q

Commerce Power

A

Congress can regulate
1) channels of interstate commerce
2) instrumentalities of interstate commerce
3) activities that substantially affect interstate commerce

122
Q

Cumulative Effect Doctrine

A

federal commerce power permits regulation of the amount of wheat a farmer could grow on his own land for his own consumption, because the activity as done by all farmers would have a substantial effect on interstate commerce

123
Q

Taxing Power

A

congress has the power to lay and collect taxes, etc to provide for the common defense and general welfare
- must be for the general welfare

124
Q

Tax Objective Test

A

Does the tax actually raise revenue?

125
Q

Tax Subjective Test

A

Was the tax intended to raise revenue?

126
Q

Conditional receipt of federal funds test

A

1) spending serves the general welfare
2) condition is unambiguous
3) related to a federal program
4) state is not acting unconstitutionally
5) condition is not unduly coercive

127
Q

What clause gives Congress investigatory power?

A

Necessary and Proper Clause

128
Q

Eminent Domain

A

limited by 5th amendment takings clause
- must be justly compenstated

129
Q

Executive Powers

A

1) appointment
2) removal
3) Veto
4) pardon
5) Executive privilege
6) military powers
7) treaty power

130
Q

What clause prevents states from regulating the federal government?

A

Supremacy clause

131
Q

10th Amendment

A

powers not delegated to the U.S. by the Constitution are left to the states

132
Q

Dormant Commerce Clause/ Negative Implications Doctrine

A

imposing more limitations on state power to regulate under portions of the commerce clause that congress has not legislated

133
Q

State law- Discrimination between in-state and out-of-state actors

A

1) regulation serves a compelling state interest
2) regulation is narrowly tailored to serve that interest

134
Q

Exceptions to Dormant Commerce Clause

A

1) when congress tells a state it may legislate in areas of violation
2) when states are acting as market participants, they can discriminate between in and out of state business

135
Q

State Action requirement

A

Plaintiff must show government action was the cause of the constitutional violation

136
Q

Private action exception

A

1) public function theory
2) significant state involvement theory

137
Q

Public function theory

A

private entity is carrying on activities traditionally and exclusively performed by the government

138
Q

Significant state involvement theory

A

where the government and private entity are so closely related that the action by the private party fairly can be treated as action by the government

139
Q

Which amendments also apply to private action?

A

13, 14, and 15

140
Q

Preemption

A

federal law will supersede any state law that is in direct conflict

141
Q

Doctrine of Selective Incorporation

A

1, 2, 4, 5, 6, 8, child bearing decisions

142
Q

Major rights NOT incorporated

A

5th right to grandy jury, 7th right to jury in civil cases

143
Q

Incorporation

A

certain amendments of the constitution are imposed on the states through the Due Process clause of the 14th amendment

144
Q

Who does the due process clause protect?

A

Persons, not just citizens (corporations, aliens, citizens, etc.)

145
Q

What does Due Process protect?

A

Life, liberty, and property interests

146
Q

Privilege AND Immunities Clause

A

Article IV- bars states from discriminating against nonresidents

147
Q

Privilege OR Immunities Clause

A

14th amendment- No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
- can be associated with the right to travel

148
Q

Rational Basis Review

A

Classification serves no legitimate interest OR is not rationally related to any legitimate interest
- age, poverty/wealth, disability
- P has burden

149
Q

Intermediate Scrutiny

A

classification is substantially related to an important government interest
- quasi suspect classifications: gender, illegitimacy, sexual orientation

150
Q

Strict Scrutiny

A

Classification is necessary to achieve a compelling government interest
- suspect classifications: race, alienage, voting, and national origin
- government has burden

151
Q

Economic Regulation Standard

A

will be upheld if it is rationally related to a legitimate government interest

152
Q

Strict Scrutiny applies to:

A

1) right to vote
2) right to travel
3) right to privacy
4) first amendment rights
5) family rights
7) marriage
6) other fundamental rights

153
Q

Standard for Sexual Orientation

A

Strict Rational Basis

154
Q

Standard for Ballot Access

A

Rational basis review

155
Q

Standard for Affirmative Action- race

A

Strict scrutiny

156
Q

Justifications for Affirmative Action

A

1) remedying effects of past discrimination in a particular institution
2) achieving a diverse student body in higher ed

157
Q

Privileges AND Immunities Clause

A

14th A- no state shall make or enforce any law which abridges the privileges or immunities of citizen of the United States

158
Q

Protections Under Privileges and Immunities Clause

A

right to travel, petition congress, vote for national offices, enter public lands, protection while in custody of US marshals, assemble peaceably

159
Q

Comity Clause

A

Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states
- states cannot discriminate against citizens that are nonresidents

160
Q

Contracts Clause

A

No state shall pass any law impairing the obligation of contracts

161
Q

Contract Clause applications

A

only to state legislation, not state court decisions or federal government. Private contract can still be modified by state police power to serve an important and legitimate public interest and regulation is reasonably and narrowly tailored

162
Q

Ex Post Facto Laws

A

1) makes criminal an act that was not a crime when committed
2) prescribes greater punishment for a crime after commission
3) decreases amount of evidence required
4) extends the statute of limitation for a crime

163
Q

Bills of Attainder

A

legislative act that inflicts punishment without a judicial trial upon named individuals

164
Q

Establishment Clause

A

when government program prefers one religion over another
-Strict scutiny

165
Q

Free exercise clause

A

a person’s religious beliefs are absolutely protected

166
Q

Freedom of Expression

A

government may neither censor all categories of speech nor engage in content-based discrimination among different categories of speech

167
Q

Exceptions to Freedom of Speech

A
  • Passage of strict scrutiny test
  • conduct regulation
  • government speakers
168
Q

Unprotected Speech

A

speech that advocates violence
fighting words
hostile audience speech
obscene speech
defamatory speech

169
Q

Obscene Speech Test

A

1) to the average person, based on community standards, the speech pertains to obscene interests
2) the work depicts sexual conduct in an offensive way
3) on a national standard, the speech has no artistic or literary value

170
Q

Commercial Speech

A

protected by 1st if it is not false or deceptive and does not relate to unlawful activity

171
Q

Speech by public employees

A

can speak out on matters of public concern but government has a legitimate interest in regulating their speech

172
Q

Time, Place, and Manner restrictions

A

1) must be content neutral as to both subject matter and viewpoint
2) be narrowly tailored to serve a significant government interest
3) leave alternative channels of communication open

173
Q

Freedom of Association

A

close nexus with free speech
strict scrutiny

174
Q

Public Employment based on association

A

generally, an individual cannot be denied public employment based on membership in a political organization unless the position is a high level policy making position

175
Q

Political Association Employment Test

A

1) is an active member of a subversive org
2) such membership is with knowledge of illegal aims of the organization
3) has specific intent to further those illegal aims

176
Q

Chilling Effects

A

where states can regulate speech, they must not do so in an unnecessarily broad way that would produce a chilling effect on types of speech

177
Q

Quantum meruit

A

enforcing both implied in fact and implied in law contractual obligations

178
Q

Offer

A

1) an outward manifestation
2) that signals that acceptance will conclude the deal

179
Q

Commercial Advertisements

A

generally treated as invitation for offer unless there’s language that could identify the who can accept
EX. first come, first serve; first 10 people

180
Q

Four ways to terminate the power of acceptance

A

1) lapse of time
2) death or incapacity
3) revocation by offeror
4) rejection by offeree

181
Q

Lapse in Time

A

if time is unspecified, a reasonable standard applied

182
Q

Face to Face Rule

A

an offer made during a conversation terminates at the end of that conversation

183
Q

Revocation by Offeror

A

at any time, for any reason so long as
1) it occurs prior to acceptance AND
2) it is effectively communicated

184
Q

Direct revocation

A

the offeror communication the recovation directly with oferee

185
Q

Indirect revocation

A

1) the offeror has taken definite action inconsistent with intention to enter the proposed contract
2) the offeree acquires reliable information of the offeror’s inconsistent action

186
Q

Functional Equivalent Rule

A

when an offer is made to multiple people, it must be revoke in a way that is functionally equivalent to how the offer was made

187
Q

Rejection by Offeree

A

1) outright rejection
2) rejection via counteroffer
3) rejection via nonconforming acceptance

188
Q

Mirror Image Rule

A

Common law- the acceptance must mirror the terms of the offer and any variation will result in rejection by counter offer

189
Q

UCC Acceptance

A

NO mirror image rule
recognizes acceptance even if it is nonconforming in these two circumstances:
1) the shipment of nonconforming goods
2) battle of the forms

190
Q

Revival

A

the offeror has the power to revive an offer that the offeree has rejected or that has lapsed

191
Q

Preventing Revocation

A

common law option contract
OR
UCC firm offer

192
Q

Common law Option Contract

A

1) an offer
2) a promise to keep offer open
3) a valid mechanism for securing enforcement of that promise (generally consideration)

193
Q

Special Rule for Construction Contracts- option contracts

A

When a general contractor uses a subcontractor’s bid to formulate his own, an implied option contract is created

194
Q

UCC- Firm Offer

A

1) the offer is made by a merchant
2) the offer is made in writing and signed by merchant
3) the offer expressly states by its terms that it will be held open
-open for a reasonable time

195
Q

Bilateral contracts

A

a promise exchanged for a promise

196
Q

Unilateral contracts

A

an offer seeking performance as acceptance

197
Q

Revocation of unilateral contracts

A

Modern rule- when performance has begun, the offeror may not revoke

198
Q

Exception for revocation of unilateral contracts

A

Mere preparations to perform do not constitute binding performance

199
Q

Acceptance

A

Common law- mirror image rule
1) acceptance must be communicated to offeror

200
Q

Acceptance by silence

A

generally not acceptable UNLESS
1) the offeree takes the benefit of services
2) offeror has given offeree reason to understand that silence is acceptance
3) previous dealings indicate silence is acceptance

201
Q

The Mailbox rule

A

common law- acceptance by mail is effective when offeree places it in the mail

** if rejection is mailed first, mailbox rule does not apply. It will depend on which reaches offeror first

202
Q

Battle of the Forms

A

when the buyer places an order and the seller’s acceptance is nonconforming
- functions as valid acceptance

203
Q

Knock out rule

A

when acceptance is nonconforming and contains different terms than agreed to, the conflicting terms are both omitted

204
Q

Consideration

A

a bargained for exchange

205
Q

Preexisting Duty Rule

A

promisor cannot provide consideration where there is already a duty they are obligated to perform

206
Q

Minority jx- consideration

A

Benefit/detriment rule

207
Q

Illusory promise

A

a promise to perform that leaves performance to the discretion of the promising party
- NOT consideration

208
Q

Past/Moral consideration

A

a promise given in exchange for something already done
- NOT consideration

209
Q

Promissory Estoppel

A

1) a promise
2) foreseeable reliance
3) actual reliance
4) injustice without enforcement

210
Q

Statute of Frauds

A

MYLEGS
Marriage, not completed in one year, land, executory, guarantee, sale of goods $500 or more

211
Q

Satisfaction of UCC Statute of Frauds

A

a writing signed by the party against whom enforcement is sought; and sufficient to indicate that a contract has been made”
-relaxed standard

212
Q

Signature Requirement

A

must be signed by the party against whom enforcement is sought

213
Q

Recovery of Benefits Conferred

A

when one party gives another party a benefit that should have been under the statute of frauds, the aggrieved party can seek restitution

214
Q

Merchants confirmation- UCC

A

oral agreement by merchants is memorialized in writing and one party fails to object within a reasonable time

215
Q

Warranty of Title against infringement

A

for the sale of goods, implied that seller has title to goods, has right to xfer the goods, and the no other security interests are attached

216
Q

Warranty of merchantibility

A

if seller is a merchant, he guarantees that the goods are fit for their ordinary purpose

217
Q

Warranty of fitness

A

grants that the goods being sold are fit for a particular purpose that the buyer intends to use them

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