Final Exam Flashcards
2.Criminal law CH 1 M/C
2.Criminal law CH 1 M/C
The branch of law that defines and punishes wrongful actions commuted against the public
1.Sources of law in the U.S. CH 1 M/C
Sources of law: the US constitution and the constitutions of the various states.
Statutes, or laws passed by congress and by state legislatures.
Regulations created by administrative agencies, such as federal food and drug administration
Case law (court descion)
3.Know the definition for the “law” CH 1 M/C
3.Know the definition for the “law” CH 1 M/C
A body of enforceable rules governing relationships among individuals and between individuals and their society
4.Know about the bases for personal jurisdiction CH 3 M/C
- Know about the bases for personal jurisdiction CH 3 M/
- Connection to the parties
a. Traditional bases
b. Minimum contacts*
c. Long arm statutes - California Code of Civil Procedure § 410.10:
A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or the United States - *Minimum contacts - jurisdiction in cyberspace
a. Sliding scale concept
Jurisdiction in Cyberspace
Hypothetical
A California resident sues Harrah’s and other Nevada casino operators in a California class action suit claiming unfair competition, breach of contract, and false advertising
The Nevada casinos move to dismiss the class action suit in California on the basis that California doesn’t have personal jurisdiction over the casinos.
The Nevada casinos have no physical presence nor do they form contracts or conduct other business in California. They do engage in direct advertising campaigns through various electronic media (including internet) aimed at California residents.
Are there enough minimum contacts for a California court to assert personal jurisdiction over the Nevada casinos?
5.Difference between appellate and original jurisdiction CH 3 M/C
5.Difference between appellate and original jurisdiction CH 3 M/C
Appellate Jurisdiction
Now let’s take a look at appellate jurisdiction. This means the court hears an appeal from a court of original jurisdiction. The appeals court uses appellate jurisdiction to review a lower court’s decision. Just keep in mind that the appellate court will not hear the entire case. It is not a new trial.
Instead, the appellate court simply reviews and rules on a particular disputed issue. These issues will involve whether or not the lower court made an error when applying the appropriate law to the facts of the case. On appeal, the appellate court has the power to modify or reverse the lower court’s decision.
Besides the federal circuit courts, there are many different courts that exercise appellate jurisdiction. These include:
State courts of appeal State superior courts State supreme courts Federal district courts And the United States Supreme Court
Though Gideon’s case was a state court case, it somehow ended up at the top of the federal court system, in the U.S. Supreme Court. Let’s see why.
Original Jurisdiction
The federal courts can have either original jurisdiction or appellate jurisdiction over a case. Let’s first examine original jurisdiction. This means the court has the right to hear the case first. The federal court system did not have original jurisdiction over Gideon’s case because his case concerned a state law.
The federal district courts have original jurisdiction over all cases that involve federal law. Note that these courts can also exercise original jurisdiction over cases that involve diversity jurisdiction. Diversity jurisdiction occurs when the parties are citizens of two different states, or one party is a U.S. citizen and the other is a citizen of a foreign country. A diversity plaintiff may choose to bring the case in federal district court, though state law may be used to decide the case.
Besides federal district courts, other courts with original jurisdiction include:
State trial courts Traffic courts Family courts Juvenile courts Bankruptcy courts Tax courts And the United States Supreme Court
6.Duty of care in a negligence case CH 4 T/F
6.Duty of care in a negligence case CH 4 T/F
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
7.Be able to identify different intentional torts CH 4 M/C
7.Be able to identify different intentional torts CH 4 M/C
An intentional tort is defined as a wrongful act knowingly committed. It requires intent. The “tortfeasor” (one who commits the tort) must intend to commit an act, the consequence of which interfere with the personal or business interest of another in a way not permitted by law.
8.Relationship between torts and crimes CH 4 M/C
8.Relationship between torts and crimes CH 4 M/C
9.Basic requirements of a contract CH 8 M/C
9.Basic requirements of a contract CH 8 M/C
- Mutual agreement (consisting of)
a. Offer made by offeror
b. Acceptance made by offeree
c. Mirror image rule
d. Contract formed upon acceptance - Valid consideration
a. Exchange of something of legally sufficient value - Contractual capacity
a. Mentally competent adults - Legal purpose
10.Distinguish ordinary promises from enforceable contracts CH 8 M/C
10.Distinguish ordinary promises from enforceable contracts CH 8 M/C
●A. Contract Defined
- A legally enforceable agreement based on legally enforceable promises
●B. Relationship between Promises and Contracts
- All contracts are created by promises
- Not all promises create contracts
●C. Freedom of Contract and Caveat Emptor - Constitutional right to form any contract we choose
a. Issue of wage and hour laws - Law won’t bail you out once you form the contract
●D. Objective Theory of Contracts
- Proof that contract exists requires objective evidence
a. Including words, actions, surrounding circumstances - Subjective belief a contract exists is not sufficient. Have to promise to do, or not do something that is otherwise legal.
11.Know about bilateral versus unilateral contracts CH 8 M/C
11.Know about bilateral versus unilateral contracts CH 8 M/C
- Bilateral contract
a. Acceptance in the form of a return promise mirroring the offer
b. Two promises made (offer and acceptance)
c. Binding contract once offeree makes return promise
d. Both parties bound before either party has performed - Unilateral contract
a. Acceptance in the form of completed act (full performance) requested in the offer
b. One promise made (offer alone)
c. Binding contract once offeree completes requested performance
d. Both parties bound only after offeree has performed - Revocation defined
a. Withdrawal of an offer by the offeror - General rule
a. Revocation valid if made before acceptance of offer
(Acceptance creates a binding contract) - Bilateral contract revocation
a. Revocation effective before return promise made - Unilateral contract
a. Traditional view
i. Revocation valid before requested act completed
b. Modern view (Irrevocable unilateral offer)
i. Offeror cannot revoke an offer where there is justified detrimental reliance (substantial performance) by an offeree based on that offer
12.Know about implied in fact versus express contracts CH 8 M/C
12.Know about implied in fact versus express contracts CH 8 M/C
- Express contracts (real contracts)
a. Contract formed by words (oral or written)
b. Types of express contracts
i. Informal contracts
ii. Formal contracts - Implied in fact contracts (real contracts)
a. Contract formed by conduct and surrounding circumstances
b. 4 requirements for valid implied in fact contract - Implied in law/quasi contracts (pretend contracts)
a. Equitable remedy for unjust enrichment
b. 3 requirements for valid implied in law/quasi contract
13.Requirements for an effective offer CH 9 M/C
13.Requirements for an effective offer CH 9 M/C
●A. Offer Defined
- Binding proposal made by an offeror to form a contract
- The terms of the offer dictate the terms of the contract
●B. Elements of a Valid/Binding Offer (Overview)
- Offeror shows serious intent to be bound by offer
- Offer contains clear and definite material terms
- Offer effectively communicated to the offeree
14.Termination of offeree’s power of acceptance CH 9 M/C
14.Termination of offeree’s power of acceptance CH 9 M/C
●B. Termination by Action of the Parties
- Revocation by the offeror
- Rejection by the offeree
15.Legally sufficient consideration CH 10 M/C
15.Legally sufficient consideration CH 10 M/C
To be legally sufficient, consideration must be something of a value in the eyes of the law. The “something of legally sufficient value” may consist of any of the following:
- Promise to do something that one has no prior legal duty to do (to pay on receipt of certain goods for example)
- The performance of an action that one is otherwise not obligated to undertake (such as accounting services)
- the refraining from an action that one has a legal right to under take (called forbearance.)
16.Mutual mistake CH 12 T/F
16.Mutual mistake CH 12 T/F
17.Fraud and fiduciary relationships CH 12 T/F
17.Fraud and fiduciary relationships CH 12 T/F
18.Intoxication as a basis to avoid a contract CH 11 T/F
18.Intoxication as a basis to avoid a contract CH 11 T/F
19.Adhesion contracts CH 11 T/F
19.Adhesion contracts CH 11 T/F
20.Divisible agreements and legality CH 11 M/C
20.Divisible agreements and legality CH 11 M/C
21.Void versus voidable contracts CH 11 M/C
21.Void versus voidable contracts CH 11 M/C
22.Contracts that require a writing CH 13 M/C
22.Contracts that require a writing CH 13 M/C
23.Application of the plain meaning rule CH 8 M/C
23.Application of the plain meaning rule CH 8 M/C
24.Discharge of contractual obligations CH 14 M/C
24.Discharge of contractual obligations CH 14 M/C
25.Tenancy in common versus joint tenancy CH 42 T/F
25.Tenancy in common versus joint tenancy CH 42 T/F
26.Exception to the preexisting duty rule under the U.C.C. CH 17 M/C
26.Exception to the preexisting duty rule under the U.C.C. CH 17 M/C
27.Application of Article 2 of the U.C.C. CH 17 M/C
27.Application of Article 2 of the U.C.C. CH 17 M/C
28.Course of performance, etc. as used in deciphering contracts CH 17 M/C
28.Course of performance, etc. as used in deciphering contracts CH 17 M/C
29.How price is determined when the term is missing in the contract CH 17 M/C
29.How price is determined when the term is missing in the contract CH 17 M/C
30.A shoe salesperson’s employment status is an example of… CH 28 M/C
30.A shoe salesperson’s employment status is an example of… CH 28 M/C
31.Means by which agency relationships can be created CH 28 M/C
31.Means by which agency relationships can be created CH 28 M/C
32.Actual authority of an agent CH 28 M/C
32.Actual authority of an agent CH 28 M/C
33.Liability of limited partners CH 32 T/F
33.Liability of limited partners CH 32 T/F
34.Liability of corporate shareholders in close corporations CH 34 T/F
34.Liability of corporate shareholders in close corporations CH 34 T/F
35.Legal liability of sole proprietors CH 31 M/C
35.Legal liability of sole proprietors CH 31 M/C
36.Know about the impact of agency law on partnership law CH 32 M/C
36.Know about the impact of agency law on partnership law CH 32 M/C
37.Know what it means to commit an act within the scope of employment CH 28 M/C
37.Know what it means to commit an act within the scope of employment CH 28 M/C
38.Know about the potential criminal liability of a corporation and its managers CH 35 T/F
38.Know about the potential criminal liability of a corporation and its managers CH 35 T/F
39.Know about shareholder management responsibilities CH 35 T/F
39.Know about shareholder management responsibilities CH 35 T/F
40.Know about double taxation of corporations CH 34 M/C
40.Know about double taxation of corporations CH 34 M/C
