mid term

Question 1

Morals

Answer 1

Views of what is right and wrong

Question 2

Ethics

Answer 2

Justification for moral positions

Question 3

Cost-benefit model

Answer 3

what situation or action will have the most benefit or least destructive

Question 4

Rights model

Answer 4

what action that appeals most to human rights

Question 5

Justice

o Capitalism

Answer 5

states anything that creates competition is just

Question 6

Justice

Marxism

Answer 6

states no one should be left in the dust

Question 7

Fiduciary

Answer 7

some one who possesses property belonging to another or occupies a position of power and confidence regarding the property of another. AKA watch out for your partner and be loyal

Question 8

Jurisprudence

Answer 8

the study of legal philosophy.

Question 9

Idealist conception of law (natural law)

Answer 9

Law is ordained by nature in human experience. (definite right vs. wrong) aka MLK jr

Question 10

Positivist conception of law

Answer 10

law is a body of rules (a law has to be enforced), aka Lewis

Question 11

Historical Conception

Answer 11

if people over a long period of time believe in the same thing, it becomes law

Question 12

Sociological Conception

Answer 12

laws are a reflection of the times

Question 13

Realist conception

Answer 13

Law is how it is enforced

Question 14

Economic conception

Answer 14

anything that promotes good economy is law

Question 15

Critical Conception

Answer 15

Laws is under the philosophy of the judges, Law is a constant evaluation and reevaluation

Question 16

Stare Decisis

Answer 16

“let the law stand” a policy that past judicial decisions are applied to help decide current cases

Question 17

Non-feasance

Answer 17

not doing something

Question 18

Mal feasance

Answer 18

doing something wrong

Question 19

Res Judicata

Answer 19

when a case cannot generally be reopened after it has already been decided even if rule of law changes. “It has been decided”

Question 20

Attorney and client privilege

Answer 20

anything said between the attorney and client is confidential, unless attorney knows that the client is going to hurt someone.

Question 21

The fifth amendment

Answer 21

the right to not being able to incriminate oneself

Question 22

Double jeopardy

Answer 22

you cannot be tried for the same crime twice, in criminal cases.

Question 23

Pleeing stage

Answer 23

when you are suing someone, the other party has to know. They receive a summons and a complaint

Question 24

Complaint

Answer 24

when the plaintiff can prove everything in the complaint the defendant must compensate the plaintiff

Question 25

Counter claim

Answer 25

when the defendant sues the plaintiff right back

Question 26

Third party complaint

Answer 26

when you are being sued and you sue someone else for the reason your being sued

Question 27

Discovery process

Answer 27

all information must be shared between all parties, this expedites the legal process

Question 28

Request for admission

Answer 28

a question when only an admission or denial can be in the answer

Question 29

Deposition

Answer 29

can observes witnesses testaments before case, allowing the attorneys to question the witness

Question 30

Mediation

Answer 30

one party called mediator, sits with parties and tries to help find a resolution while being neutral, does not have power of decision

Question 31

Contract

Answer 31

a promise returned for a promise

Question 32

Firm offer

Answer 32

offer by a merchant to buy or sell goods, To accept an offer, you have to fallow exact terms set forth

Question 33

Unilateral Contract

Answer 33

individual performs on offer set forth

Question 34

Bilateral contract

Answer 34

acceptance by both parties

Question 35

Consideration

Answer 35

a promise made within the contract

Question 36

Breach of contract

Answer 36

When a party does not provide full consideration

Question 37

Past consideration

Answer 37

If one party already does something, pre existing duty, it cannot be considered for an offer

Question 38

Implied-in-law/ Quasi-contract

Answer 38

there is not contract, but the court will treat it as one

Question 39

Express contract

Answer 39

a contract where terms are explicitly stated

Question 40

Implied contract

Answer 40

a contract when both parties have not agreed about is implied that promises are made

Question 41

Illegal contracts

Answer 41

contacts that are illegal, you cannot enforce it

Question 42

Valid Contracts are..

Answer 42

Leagal and enforcable

Question 43

Void contracts are......

Answer 43

illegal in someway and cant be enforced

Question 44

Contracts that are "Voidable" are...

Answer 44

legal at face value, but in some way could be void

Question 45

Contracts are void because of Capacity

Answer 45

when a party doesn’t have the mental or becoming of age to make a “rational decision,”

Question 46

Contracts are void because of Rescission

Answer 46

when everything and everyone is put back the where it started before the void contract

Question 47

Contracts are void because of Ratify

Answer 47

if someone who is ineligible to have a contract, keeps acting on agreements of contract even after they become eligible.

Question 48

Contracts are void because of Misrepresentation

Answer 48

when a party agrees on something that is not true

Question 49

Contracts are void because of Duress

Answer 49

party is forced to sign a contract, physically or economically

Question 50

Contracts are void because of • Undue influence

Answer 50

party substitutes their influence for someone else’s into signing a contract

Question 51

Contracts are void because of Mutrall mistake

Answer 51

There is not a meeting of minds and the contract is voided

Question 52

Conditions Precedent

Answer 52

Something or a event has to happens before a contract can be valid

Question 53

Contracts are NOT void because of a Unilateral mistake

Answer 53

(one party makes a mistake) will not void the contract

Question 54

Condition Subsequent

Answer 54

Something that can happen after the contract that could void the contract

Question 55

Parol evidence

Answer 55

when the parties intend the contract to be final and complete, no prior representations or agreements are valid

Question 56

Substantial Performance

Answer 56

The recovery will be a reasonable for the job that has been performed

Question 57

Specific Performance

Answer 57

- “I want the party to do what they contracted to do because it will be unique.” Performance could be excused because of improbable performance situations

Question 58

Rescission

Answer 58

This happens when parties are put back two where they started before the contract

Question 59

Mitigate damages

Answer 59

Lessen or make smaller, when one party goes against the contract, you have the obligation to mitigate the damages

Question 60

Liquidated damages

Answer 60

If the damages are undeterminable, they are liquidated. Ex, if your in a car crash and break your arm, your claim is liquidated

Question 61

Third party beneficiary

Answer 61

When two people make a contract, someone else benefits from the contract. “as long as the third party is in the intended benefit of the contract, that party can enforce the contract”

Question 62

Two different kinds of third party beneficiary

Answer 62

Donee- does not provide service | Creditor- provides a service within the contract