Untitled Quiz

Court of Appeals

• Reviews decisions of lower courts
• Determines if legal errors were made
• May affirm, reverse, or modify lower court decisions
• Does not retry cases or hear new evidence

US Supreme Court Review

• Requires a writ of certiorari
• A petition requesting the Supreme Court to review a case
• Supreme Court has discretion to grant or deny the writ

Adversary System Disadvantages

• Not a disadvantage: Focus on finding the truth
• Other disadvantages include:
  • Expense and time
  • Unequal access to legal counsel
  • Potential for unfair advantage by a wealthy party

Discovery Phase

• Purpose is to gather information and evidence before trial
• Parties exchange documents, interrogate witnesses, and take depositions
• Helps avoid surprises and facilitates settlement

Pleadings in Civil Lawsuits

• Establish the legal issues and claims in a case
• Include the complaint, answer, and counterclaim
• Formally present each party's legal arguments

Burden of Proof in Criminal Cases

• Beyond a reasonable doubt
• Requires the prosecution to prove the defendant's guilt with a high degree of certainty
• A higher standard than the preponderance of the evidence used in civil cases

Procedural Law Goals

• Ensure fairness and due process in legal proceedings
• Establish rules for court procedures, evidence, and legal arguments
• Purpose is to ensure a consistent and just administration of justice

Adversary System and Fair Trial

• Essential aspect: The right to an attorney
• The adversarial nature of the system ensures each side has an opportunity to present evidence and arguments
• Both sides have equal opportunities to challenge evidence and cross-examine witnesses

Contract Formation - Acceptance

• Reflects agreement to the offer's terms
• Means the offeree has accepted the offer and is willing to be bound by the contract
• Creates a binding agreement between the parties

Mirror Image Rule

• Offeree modifying the offer: Counteroffer
• A counteroffer rejects the original offer and proposes new terms
• Original offer is terminated and a new offer is created

Unilateral Contract Acceptance

• Acceptance by performance
• Offeror promises something in exchange for the offeree's performance of a specific act
• Acceptance occurs only when the offeree completes the requested action

Offer Acceptance - Legal Power

• Only the offeree has the legal power to accept an offer
• The offeror makes the offer, but the offeree's acceptance creates the contract

Acceptance Communication Factors

• Whether the offer specified a method of acceptance
• Whether the parties' usual mode of communication is appropriate for acceptance
• If the acceptance is timely

Implied Warranty of Merchantability

• Primary role: Assures goods are fit for their ordinary purpose
• A seller implicitly promises that the goods they sell are of acceptable quality and suitable for their intended use

Seller Exclusions and Implied Warranties

• Disclaimer permitted if: The seller clearly and conspicuously communicates that the goods are sold "as is" or "with all faults"
• Some states have limitations on excluding warranties

Warranty of Title

• Protects buyers from claiming ownership by a third party
• Warrants that the seller has good title to the goods and can transfer ownership to the buyer

Implied Warranty of Fitness for a Particular Purpose:

• Must be established:
  • Buyer has a particular purpose in mind
  • The seller knows about that purpose
  • Buyer relies on the seller's expertise to select the goods
  • Seller makes a representation that the goods will be fit for the buyer's purpose

Commerce Clause Limitations

• Limits states from passing laws that unreasonably burden interstate commerce
• States can regulate commerce, but laws cannot discriminate against out-of-state businesses or unduly interfere with interstate trade

Refusal to Enforce Warranty Exclusions

• Factors:
  • Unconscionability (unfair terms)
  • Fraudulent misrepresentation
  • Failure to clearly and conspicuously disclose the exclusion

State Statute Constitutionality

• Requirements:
  • The statute must be related to a legitimate government purpose
  • The statute must not be overly broad or vague
  • The statute must not violate any constitutional rights

Government Action and the Constitution

• Protects against government action through the Bill of Rights and the Fourteenth Amendment
• These safeguards limit government power and protect individual liberties

Takings Clause Requirement

• Requires the government to provide just compensation if it takes private property for public use
• This clause reflects the constitutional principle of due process

Equal Protection

• One aspect: Prohibits discrimination based on race, religion, national origin, or other protected classes.
• The government must treat people equally under the law, ensuring fairness and preventing arbitrary distinctions.

Due Process Clause Limitation

• The Fourteenth Amendment's Due Process Clause
• Significantly limits government power by requiring procedural fairness and substantive fairness in legal proceedings

Eminent Domain

• Grants the government the power to take private property for public use
• Requires just compensation according to the Fifth Amendment's Takings Clause

Commercial Speech and the First Amendment

• Distinguishing factor: It is speech that proposes a commercial transaction.
• Commercial speech is subject to some government regulation, but the First Amendment still protects it from excessive restrictions.

Conviction of a Crime

• Requires the government to prove beyond a reasonable doubt:
  • The defendant committed the criminal act (actus reus)
  • The defendant had the necessary mental state (mens rea)

Felony Charges

• Not a characteristic: Short sentences
• Other characteristics include:
  • Serious crimes
  • Penalties of one year or more in prison
  • Significant fines

Irresistible Impulse Defense

• Relates to insanity
• A defendant argues that they lacked the capacity to control their actions, even if they understood right from wrong

Administrative Agencies

• Primary responsibility: Enforce regulations and create rules within their area of expertise.
• Develop policies and regulations to implement laws passed by Congress

Self-Incrimination Protection

• Fifth Amendment
• Protects individuals from being compelled to testify against themselves in criminal proceedings
• Ensures that the government cannot use coercion to force a defendant to confess

What Constitutes a Crime

• Definition provided in the text: A crime is an act that violates a statute and is punishable by fines or imprisonment.

Misdemeanor Example

• Example: Traffic violations
• Other examples include: Public intoxication, disorderly conduct, and shoplifting

RICO Act - Pattern of Offense

• Two or more offenses within a 10-year period are considered a pattern of racketeering activity
• RICO stands for Racketeer Influenced and Corrupt Organizations Act

Improper Accounting Practices

• Primary act: Sarbanes-Oxley Act
• The Sarbanes-Oxley Act is a federal law passed in response to accounting scandals that imposed stricter accounting practices on public companies.

Supreme Court Function

• Key function: Judicial review
• The Supreme Court can review laws and actions of the government to determine if they are constitutional.

Consideration in Contracts

• Not valid: Past consideration
• An act or service completed in the past cannot be used as valid consideration for a new promise.

Past Consideration

• True statement: Past consideration is not valid consideration
• A promise based on something already done is unenforceable because it lacks mutuality

Forbearance in Contract Law

• Best description: The act of refraining from doing something that one has a legal right to do.
• Forbearance can be valid consideration if it is a substantial act, undertaken in exchange for a promise.

Mutuality of Obligation

• Refers to the requirement that both parties in a contract be bound by legal obligations
• Each party must promise something of value to the other, creating a two-way commitment

Minor's Contracts

• True statement: Minors can disaffirm or void contracts they enter into
• Minors have the right to cancel or void contracts unless the contract involves "necessaries"

Promissory Estoppel

• In contract law: A doctrine that allows a court to enforce a promise made without consideration
• Requires a showing that the promisor made a clear and definite promise, that the promisee relied on that promise to their detriment, and that enforcing the promise is necessary to prevent injustice

Minor Liability in Contracts

• Situation: Minor misrepresented their age and the contract involved "necessaries"
• Minors can still avoid contracts, but courts may hold them liable for the value of "necessaries," such as food, clothing, or shelter

Forbearance in Contracts

• Requirement:
  • Must be a valid legal claim existing before the forbearance agreement
  • The forbearance must be a legitimate claim; it cannot be frivolous or baseless

Necessaries for Minors

• Definition: Goods or services essential for a minor's well-being, like food, shelter, and medical care
• Minors cannot void contracts for necessaries and are obligated to pay for them.

Enforceable Promise Without Consideration

• Instances:
  • When a promise is made under promissory estoppel
  • In cases of charitable subscriptions
  • When a statute requires a promise to be enforced, even without consideration

Intoxicated Person's Contracts

• Contract status: Voidable
• Contracts entered into by an intoxicated person may be voidable at their option, but must be proven that the person was so intoxicated they lacked the mental capacity to understand the terms of the agreement

Pre-Existing Duties

• Description: A promise to do something that one is already legally obligated to do is not considered valid consideration
• Performing an existing duty does not create a new contract or give rise to a new enforceable obligation

Minor's Misrepresentation of Age

• Adult can prove: The minor lied about their age and the adult reasonably relied on the lie
• The adult may be able to void the contract even though the minor is generally protected from liability

Illusory Promise

• Definition in contract law: A promise that is legally unenforceable because it does not create a genuine obligation
• An illusory promise lacks the essential element of mutuality, as it is a promise that is not truly a promise.