BLAW - Flashcards

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Absolute Privilege

Also Parliamentary privilege. 

 legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator.

Witness testifying in court may never be sued for defamation. (deliberately false testimony is perjury, not defamation.)

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Advertisements

Advertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services.

it is a request for an offer, not an offer.

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Auctions

An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder.

Bids are the offer, not the auction.

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Assault

In law, assault is a crime causing a victim to fear violence.

the defendant does some act that makes the plaintiff fear imminent battery.

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Battery

Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.

intentional touching of another person.

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Bilateral Contract

promise made in an exchange for another promise.

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Breach of Duty

defendant failing to behave the way a reasonable person would behave in a similar situation.

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Clickwraps and Shrinkwraps

when you click "i agree" when buying something online, or when something is sent with electronics that says to read and agree to the terms

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Collateral promise

one person agrees to pay the debt of one to the debtor- must be in writing.

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Compensatory Damages

In law, damages is an award of money to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.

money intended to restore a plaintiff to the position before the injury

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Comparative Negligence

a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury.

in most states, plaintiff may recover even if they are partially responsible

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Consumer protection statute

outlaw false advertising

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Contributory Negligence

if the plaintiff is even slightly responsible, they recover nothing

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Conversion

taking or using someones property without consent.

Similar to theft, allows  plaintiff to pursue the case, and not have to wait on criminal prosecution, and to obtain compensation

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Cover

to make good faith purchases of goods similar to those in the contract

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Defamatory Statement

intentional tort- statement likely to harm another persons reputation

must be false and communicated

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Dram acts

make business liable for serving drinks to intoxicated customers who later cause harm

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Element

fact that a plaintiff must prove to win

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Executed Contracts

agreement in which all parties have fulfilled their obligation

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Executory Contract

agreement in which one or more parties has not filled their obligations

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Expectation damages

Expectation damages are damages recoverable from a breach of contract.

the money required to put one party in the position she would have been in had the other side performed the contract

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Express Contract

agreement with all important terms explicitly stated

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False Imprisonment

False imprisonment is a restraint of a person in a bounded area without justification or consent.

intentional restraint against someone without reasonable cause

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Fraud

In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual.

injuring another person by deliberate deception 

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Goods

things that are movable, other than money and investment securities 

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Implied Contract

words and conduct of the parties indicate that they intended an agreement

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Incidental Damages

type of legal damages,, that are reasonably associated with or related to actual damages.

small costs the injured party suffers when responding to the breach

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injunction

court order that requires someone to do someting or to refrain from doing something

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Integrated contract

a writing that the parties intend as the final and complete agreement

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Integration clause

(to avoid parole evidence) anything before signing is disregarded

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Intentional Infliction

emotional distress resulting from outrageous conduct
Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress

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Intentional Tort

harm caused by a deliberate action
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor

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Intrusion

tort (wrong) if a reasonable person would find the invasion of their privacy life offensive 

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Judicial Activism

judicial ruling suspected of being based on personal or political considerations rather than on existing law.

courts willingness to change or ignore a contract perceived as unjust 

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Judicial Restraint

courts reluctance to interfere with the terms of conduct  
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.

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Justification

a claim for defense that is a claim that special circumstances made its conduct fair

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landowner's duty

common law for property owners

-children: only liable if there is a man made  thing on land attracting the kids

-invitee: who has the right  to enter is entitled  to reasonable care from land owners 

-Licensee: such as guest  is entitled to a warning of hidden dangers

-trespasser: landowner is only liable to a trespasser for intentional injury

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Law merchant

rules and customs developed by traders throughout europe from 15th to 18th century 
Lex mercatoria is the body of commercial law used by merchants throughout Europe during the medieval period.

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Letter of intent

letter summarizing negotiating progress
a document outlining an agreement between two or more parties before the agreement is finalized.

not a contract 

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Liquidated clause

pre agreement in a contract of what one will receives if the other breaches 

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Mailbox Rule

The posting rule is an exception to the general rule of contract law in common law countries that acceptance takes place when communicated.

Acceptance is generally effective upon dispatch

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Mirror Image Rule

requires that acceptance be on precisely the same terms as the offer 
states that an offer must be accepted exactly without modifications.

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Mitigate

keep damages low as reasonable

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Negligence

to win- breach, duty of care, factual cause, foreseeable harm, injury 

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Negligence and strict liability

injuries caused by neglect and over site

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Negligence per se

the legal doctrine whereby an act is considered negligent because it violates a statute.

when a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people and a violation of the statute injures a member of that group

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Nominal damages

token sum, such as one dollar, given to plaintiff who demonstrates a breach with no injury 

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Noncompetition agreement

contract in which  one party agrees  not to compete with another

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Offer

act that proposes definite terms and permits other party to creat a contract to accept

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opinion

valid defense in defamation case- cannot be proven

statements can be opinions, unless they are an expert

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Parole evidence

anything said or written before parties signed a contract

The parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract that appears to be whole.

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Promissory estoppel

possible remedy for  an injured plaintiff in a case with no valid contract

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Punitive Damages

punishment for the defendant for conduct that is outrageous

Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

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Qualified Privilege

two people who have a legitimate need to exchange information

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Quantum Meruit

Quantum meruit is a Latin phrase meaning "what one has earned".

damages awarded in quasi-contract

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Quasi Contract

possible remedy for plaintiff with no contract

 fictional contract created by courts for equitable, not contractual purposes.

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Reformation

process in which court will partially re write contract

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Res Iipsa Loquitur

facts that imply that the defendants negligence caused the accident

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Single Recovery

requires court to settle past and future expenses once and for all

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Specific performance

forces both parties to complete the deal

an order of a court which requires a party to perform a specific act, usually what is stated in a contract.

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Statute of Frauds

refers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract.

a plaintiff may not enforce any of the following agreements, unless the agreement, or some memorandum of it, is in writing and signed by the defendant

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Agreements must be in writing if:

- for any interest of land

- that cant be performed in one year

- to pay the debt of another

- made by an executor of an estate

- made in consideration of marriage

- for the sale of goods worth $500 or more

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Strict liability

higher level of liability resulting from ultra hazardous acts or defective products 

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Tort

violation of duty imposed by civil law

A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else.

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Tortious interference with a contract

improperly  induced a third party to breach a contract

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trespass

intentional entering land or remaining on land after asked to leave

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

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Unforseeable contracts

contacts cannot be performed within one year unless it in writing

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unforseeable agreement

parties intended to form a valid bargain bu the court prevents it 

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Void agreement

contract that neither party van enforce becaus ehte bargain is illegal

A void contract, also known as a void agreement, is not actually a 

contract.

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voidable contract

A voidable contract, unlike a void contract, is a valid contract.

agreement that may be terminated by one of the parties

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Absolute Privilege	Also Parliamentary privilege.   legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. Witness testifying in court may never be sued for defamation. (deliberately false testimony is perjury, not defamation.)
Advertisements	Advertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services. it is a request for an offer, not an offer.
Auctions	An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder. Bids are the offer, not the auction.
Assault	In law, assault is a crime causing a victim to fear violence. the defendant does some act that makes the plaintiff fear imminent battery.

Generated by Koofers.com

Battery	Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact. intentional touching of another person.
Bilateral Contract	promise made in an exchange for another promise.
Breach of Duty	defendant failing to behave the way a reasonable person would behave in a similar situation.
Clickwraps and Shrinkwraps	when you click "i agree" when buying something online, or when something is sent with electronics that says to read and agree to the terms

Generated by Koofers.com

Collateral promise	one person agrees to pay the debt of one to the debtor- must be in writing.
Compensatory Damages	In law, damages is an award of money to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural. money intended to restore a plaintiff to the position before the injury
Comparative Negligence	a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury. in most states, plaintiff may recover even if they are partially responsible
Consumer protection statute	outlaw false advertising

Generated by Koofers.com

Contributory Negligence	if the plaintiff is even slightly responsible, they recover nothing
Conversion	taking or using someones property without consent. Similar to theft, allows  plaintiff to pursue the case, and not have to wait on criminal prosecution, and to obtain compensation
Cover	to make good faith purchases of goods similar to those in the contract
Defamatory Statement	intentional tort- statement likely to harm another persons reputation must be false and communicated

Generated by Koofers.com

Dram acts	make business liable for serving drinks to intoxicated customers who later cause harm
Element	fact that a plaintiff must prove to win
Executed Contracts	agreement in which all parties have fulfilled their obligation
Executory Contract	agreement in which one or more parties has not filled their obligations

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Expectation damages	Expectation damages are damages recoverable from a breach of contract. the money required to put one party in the position she would have been in had the other side performed the contract
Express Contract	agreement with all important terms explicitly stated
False Imprisonment	False imprisonment is a restraint of a person in a bounded area without justification or consent. intentional restraint against someone without reasonable cause
Fraud	In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual. injuring another person by deliberate deception

Generated by Koofers.com

Goods	things that are movable, other than money and investment securities
Implied Contract	words and conduct of the parties indicate that they intended an agreement
Incidental Damages	type of legal damages,, that are reasonably associated with or related to actual damages. small costs the injured party suffers when responding to the breach
injunction	court order that requires someone to do someting or to refrain from doing something

Generated by Koofers.com

Integrated contract	a writing that the parties intend as the final and complete agreement
Integration clause	(to avoid parole evidence) anything before signing is disregarded
Intentional Infliction	emotional distress resulting from outrageous conduct Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress
Intentional Tort	harm caused by a deliberate action An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor

Generated by Koofers.com

Intrusion	tort (wrong) if a reasonable person would find the invasion of their privacy life offensive
Judicial Activism	judicial ruling suspected of being based on personal or political considerations rather than on existing law. courts willingness to change or ignore a contract perceived as unjust
Judicial Restraint	courts reluctance to interfere with the terms of conduct   Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
Justification	a claim for defense that is a claim that special circumstances made its conduct fair

Generated by Koofers.com

landowner's duty	common law for property owners -children: only liable if there is a man made  thing on land attracting the kids -invitee: who has the right  to enter is entitled  to reasonable care from land owners  -Licensee: such as guest  is entitled to a warning of hidden dangers -trespasser: landowner is only liable to a trespasser for intentional injury
Law merchant	rules and customs developed by traders throughout europe from 15th to 18th century  Lex mercatoria is the body of commercial law used by merchants throughout Europe during the medieval period.
Letter of intent	letter summarizing negotiating progress a document outlining an agreement between two or more parties before the agreement is finalized. not a contract
Liquidated clause	pre agreement in a contract of what one will receives if the other breaches

Generated by Koofers.com

Mailbox Rule	The posting rule is an exception to the general rule of contract law in common law countries that acceptance takes place when communicated. Acceptance is generally effective upon dispatch
Mirror Image Rule	requires that acceptance be on precisely the same terms as the offer  states that an offer must be accepted exactly without modifications.
Mitigate	keep damages low as reasonable
Negligence	to win- breach, duty of care, factual cause, foreseeable harm, injury

Generated by Koofers.com

Negligence and strict liability	injuries caused by neglect and over site
Negligence per se	the legal doctrine whereby an act is considered negligent because it violates a statute. when a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people and a violation of the statute injures a member of that group
Nominal damages	token sum, such as one dollar, given to plaintiff who demonstrates a breach with no injury
Noncompetition agreement	contract in which  one party agrees  not to compete with another

Generated by Koofers.com

Offer	act that proposes definite terms and permits other party to creat a contract to accept
opinion	valid defense in defamation case- cannot be proven statements can be opinions, unless they are an expert
Parole evidence	anything said or written before parties signed a contract The parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract that appears to be whole.
Promissory estoppel	possible remedy for  an injured plaintiff in a case with no valid contract

Generated by Koofers.com

Punitive Damages	punishment for the defendant for conduct that is outrageous Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
Qualified Privilege	two people who have a legitimate need to exchange information
Quantum Meruit	Quantum meruit is a Latin phrase meaning "what one has earned". damages awarded in quasi-contract
Quasi Contract	possible remedy for plaintiff with no contract  fictional contract created by courts for equitable, not contractual purposes.

Generated by Koofers.com

Reformation	process in which court will partially re write contract
Res Iipsa Loquitur	facts that imply that the defendants negligence caused the accident
Single Recovery	requires court to settle past and future expenses once and for all
Specific performance	forces both parties to complete the deal an order of a court which requires a party to perform a specific act, usually what is stated in a contract.

Generated by Koofers.com

Statute of Frauds	refers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract. a plaintiff may not enforce any of the following agreements, unless the agreement, or some memorandum of it, is in writing and signed by the defendant
Agreements must be in writing if:	- for any interest of land - that cant be performed in one year - to pay the debt of another - made by an executor of an estate - made in consideration of marriage - for the sale of goods worth $500 or more
Strict liability	higher level of liability resulting from ultra hazardous acts or defective products
Tort	violation of duty imposed by civil law A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else.

Generated by Koofers.com

Tortious interference with a contract	improperly  induced a third party to breach a contract
trespass	intentional entering land or remaining on land after asked to leave Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
Unforseeable contracts	contacts cannot be performed within one year unless it in writing
unforseeable agreement	parties intended to form a valid bargain bu the court prevents it

Generated by Koofers.com

Void agreement	contract that neither party van enforce becaus ehte bargain is illegal A void contract, also known as a void agreement, is not actually a  contract.
voidable contract	A voidable contract, unlike a void contract, is a valid contract. agreement that may be terminated by one of the parties

Generated by Koofers.com

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