Terms/definitions Flashcards
(42 cards)
Holding
This is a statement of law that is the court’s answer to the issue.
If you have written the issue statement(s) correctly, the holding is often
the positive or negative statement of the issue statement.
Reasoning
This is the court’s analysis of the issues and the heart of the
case brief. Reasoning is the way in which the court applied the rules/
legal principles to the particular facts in the case to reach its decision.
This includes syllogistic application of rules as well as policy arguments
the court used to justify its holding (why the decision was socially
desirable).
Judgment
This is the court’s final decision as to the rights of the parties,
the court’s response to a party’s request for relief. Generally, the
appellate court will either affirm, reverse, or reverse with instructions. The
judgment is usually found at the end of the opinion.
Issue
Substantive issue: A substantive statement of the issue consists of
two parts –
i. the point of law in dispute
ii. the key facts of the case relating to that point of law in
dispute (legally relevant facts)
Procedural History (PH)
This is the disposition of the case in the lower
court(s) that explains how the case got to the court whose opinion you are
reading. Include the following:
a. The decision(s) of the lower court(s).
NOTE: If the case was decided by a trial court and reviewed
by an intermediate appellate court before reaching the
court whose decision you are now reading, be sure to
note what each court decided.
b. The damages awarded, if relevant.
c. Who appealed and why.
“mesne assignments”
An intermediate transfer of rights or property from one
person to another
Inducement
a thing that persuades or influences someone to do something.
Consideration
something of legal
value given in exchange for a
promise
* Consideration is a necessary
element for the existence of a
contract.
* Contracts unsupported by
consideration are generally not
enforceable.
Two elements of consideration
Something of legal value must be given; and
There must be a bargained-for exchange
Test for legal value
A contract is considered supported by legal value if:
The promisee suffers a legal detriment; or
The promisor receives a legal benefit.
Most commonly involves tangible payment (e.g., money, property) or performance of an act (providing services) ( In Hamer v. Sidway?)
Test for Bargained-for Exchange
Remand
legal term that refers to a situation where a higher court sends a case back to a lower court for further action
vacate
a court order or judgment has been cancelled or rendered void
Black letter law
well-established legal rules that are no longer subject to reasonable dispute
Assumpsit
A legal action available to a plaintiff who claims a contract has been breached.
inducement
a thing that persuades or influences someone to do something. (incentive)
How do courts determine the adequacy of consideration?
Courts are not generally concerned with the economic adequacy of the consideration but instead with whether it is present. As Judge Richard A. Posner puts it, “To ask whether there is consideration is simply to inquire whether the situation is one of exchange and a bargain has been struck.
nominal or “sham” consideration
claimant
a person making a claim, especially in a lawsuit or for a government-sponsored benefit.
due diligence (DD)
do the research
Freedom of contract
the ability of parties to bargain and create the terms of their agreement as they desire without outside interference from the government.
Dicta
If “dicta” applied this would be a different case.
Burden of proof
The person who brings the lawsuit has the “burden of proof”, a party’s obligation to prove a charge, allegation, or defense
Duress
threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment.
-coercion
-pressure
