Questions and Answers
What is the presumptive position of the plaintiff in a case concerning specific performance?
In a personal injury case based on negligence, what is the presumed position of the defendant?
How do the roles of the parties in the adversary system affect their discretion?
What is an example of a presumptive position held by a plaintiff in a constitutional case?
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Which statement reflects the adversary system's view on the plaintiff's and defendant's evidence?
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What aspect of the adversary system gives the advocate the most control?
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What is the plaintiff's presumptive position in a contract dispute?
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Which element is NOT necessary for establishing a valid contract?
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What position must the defendant take regarding the existence of a contract?
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If the plaintiff fails to argue that there was an offer, what is the likely outcome?
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Which of the following strengthens the plaintiff's position in a contract dispute?
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What must the plaintiff argue regarding consideration in their case?
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In a case where the plaintiff seeks specific performance, what is necessary?
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Which of the following is a presumptive position of the defendant concerning the contract?
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Study Notes
Presumptive Positions in Contract Disputes
- In a contract dispute, the plaintiff's alignment is as the party initiating the claim, requiring them to argue for terms leading to the defendant's liability.
- Essential for the plaintiff is the assertion of the existence of a contract, a foundational requirement for a successful claim.
- The defendant's corresponding position is the denial of any contract, which they must maintain throughout the case.
Elements of a Valid Contract
- Valid contracts typically include three key elements: offer, acceptance, and consideration.
- The plaintiff must argue:
- An offer was made.
- The defendant accepted the offer.
- There is valid consideration supporting the contract.
- If the plaintiff fails to establish any of these elements, they risk losing the case.
- The defendant's presumptive counterarguments include:
- No offer was made.
- Any potential offer was not accepted.
- There is no valid consideration.
Remedies in Contract Disputes
- If seeking specific performance, the plaintiff must argue for its appropriateness.
- Conversely, the defendant is tasked with arguing against the appropriateness of specific performance.
General Presumptive Positions in Legal Cases
- In negligence cases, the plaintiff is always for jurisdiction while the defendant is against it.
- Plaintiffs typically seek the admissibility of their evidence while opposing the admissibility of the defendant’s evidence.
- Defendants are generally the reverse, arguing against their own evidence’s admissibility while supporting the plaintiff’s.
- In constitutional cases, plaintiffs aspire for a higher standard of judicial review, while defendants argue against it.
Mechanical Process of the Adversary System
- The adversary system necessitates a structured approach, limiting the advocate's discretion regarding positions.
- Party alignment is fixed and adheres to the principles of the adversary framework.
- The only flexibility for advocates lies in determining relevant legal principles, but positions regarding liability remain non-discretionary based on party alignment.
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