Introduction to Constitutional Law
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Questions and Answers

What must an intoxicated person do to avoid a contract once they regain capacity?

  • Properly disaffirm and return whatever was received. (correct)
  • Pay a fine before exiting the contract.
  • Seek approval from a legal guardian.
  • Simply state they wish to terminate the contract.

When can a minor be held liable for damages during a contract?

  • When the contract involves property worth over a certain amount.
  • When they misrepresent their age and the adult relied on it. (correct)
  • If they refuse to return any received benefits.
  • If they agree to pay a fine for breaking the contract.

What type of contracts are void for individuals placed under guardianship?

  • Contracts made before guardianship was established.
  • Contracts made by individuals over 18.
  • All contracts made after gaining guardianship. (correct)
  • Contracts made with the guardian.

Which of the following best describes 'duress' in the context of contract law?

<p>A wrongful act or threat that overcomes a party's free will. (C)</p> Signup and view all the answers

What is the outcome if a contract is signed under physical compulsion?

<p>The contract is void due to the lack of free will. (A)</p> Signup and view all the answers

In cases of economic coercion, how is a victim of duress determined?

<p>By evaluating the circumstances of the particular situation. (C)</p> Signup and view all the answers

What can be recovered from an individual under guardianship if necessary items were provided?

<p>The fair value of necessaries provided. (A)</p> Signup and view all the answers

What does Legal Detriment refer to?

<p>Something the promisee was not legally obliged to do (B)</p> Signup and view all the answers

What is required for an intoxicated person to be held liable in quasi-contract?

<p>They must voluntarily return the received items. (B)</p> Signup and view all the answers

Which statement regarding legally sufficient consideration is accurate?

<p>It necessitates that the parties freely agreed to the exchange (C)</p> Signup and view all the answers

Why is a promise to give a gift not enforceable in court?

<p>It is one-sided with no consideration from the other party (C)</p> Signup and view all the answers

What is Past Consideration?

<p>An act done before the contract is made without an exchange (B)</p> Signup and view all the answers

What characterizes an Illusory Promise?

<p>It appears to be a promise but is not legally binding (D)</p> Signup and view all the answers

Which of these contracts is an example of an output contract?

<p>A seller agrees to supply all goods produced to a specific client (C)</p> Signup and view all the answers

What is a Requirements Contract?

<p>An agreement where a buyer commits to purchase all needed materials from one seller (C)</p> Signup and view all the answers

What makes a Conditional Promise insufficient?

<p>If the promisor knows the condition cannot happen (D)</p> Signup and view all the answers

What does a constitution primarily establish for a government?

<p>The basic principles and limitations of authority (D)</p> Signup and view all the answers

Which type of law regulates the legal rights and duties of individuals among themselves?

<p>Private Law (D)</p> Signup and view all the answers

What is the primary function of the principle of 'Stare Decisis'?

<p>To ensure consistency in legal decisions (D)</p> Signup and view all the answers

Which of the following accurately describes an injunction?

<p>A judicial order prohibiting a certain action (B)</p> Signup and view all the answers

Who is considered the prosecuting party in a civil case?

<p>The plaintiff (B)</p> Signup and view all the answers

What is the purpose of Criminal Law?

<p>To define and regulate offenses against citizens and society (C)</p> Signup and view all the answers

Which document consists of the first ten amendments to the Constitution?

<p>The Bill of Rights (A)</p> Signup and view all the answers

What does Judicial Review enable the courts to do?

<p>Examine governmental actions for constitutionality (A)</p> Signup and view all the answers

What is the final authority on the constitutionality of any federal or state law?

<p>The Supreme Court (C)</p> Signup and view all the answers

Which amendment reserves powers not delegated to the United States?

<p>The 10th Amendment (A)</p> Signup and view all the answers

Which of the following is NOT considered a federal power granted by the Constitution?

<p>Coerce states (B)</p> Signup and view all the answers

What must a public figure prove in a defamation lawsuit?

<p>Actual malice (D)</p> Signup and view all the answers

Under what condition may legislation enacted under the Federal Commerce Clause be invalidated?

<p>If there is no connection to the regulation's goals (D)</p> Signup and view all the answers

Which of the following describes Procedural Due Process?

<p>Ensuring a fair procedure before depriving a person of life, liberty, or property (C)</p> Signup and view all the answers

Which of the following powers is a concurrent power shared by both federal and state governments?

<p>Taxation (B)</p> Signup and view all the answers

Which of the following is included in the definition of liberty under Procedural Due Process?

<p>The ability to engage in personal freedom of action (D)</p> Signup and view all the answers

What renders a contract voidable due to taking advantage of a dominant position?

<p>Undue Influence (C)</p> Signup and view all the answers

When does a mistake in the meaning of terms render a contract void?

<p>When one party is unaware of the other’s misunderstanding (A)</p> Signup and view all the answers

What constitutes fraud in the execution of a contract?

<p>A misrepresentation that leads the party to sign without understanding (B)</p> Signup and view all the answers

What type of misrepresentation includes false assertions or misleading half-facts?

<p>Fraud in the Inducement (C)</p> Signup and view all the answers

Which of the following is NOT a requirement for fraud in the inducement?

<p>The misrepresentation must be negligible (D)</p> Signup and view all the answers

What outcome occurs if a party did not justifiably rely on a misrepresentation?

<p>The contract stands as complete (D)</p> Signup and view all the answers

What does 'scienter' refer to in the context of fraud?

<p>Knowledge of the falsehood and intent to deceive (A)</p> Signup and view all the answers

Which of the following statements is true about sales puffery?

<p>It is an opinion, not a fact (D)</p> Signup and view all the answers

What is required for a contract to comply with the Statute of Frauds?

<p>It must include essential terms and be signed by the party it is to be enforced against. (C)</p> Signup and view all the answers

Under UCC Article 2, which of the following is NOT a requirement for a merchant's contract?

<p>The price of the goods must be explicitly stated. (D)</p> Signup and view all the answers

Which of the following conditions allows for enforcement of an oral contract under the UCC?

<p>The goods are specially manufactured for the buyer. (D)</p> Signup and view all the answers

Which statement regarding the signing requirement under the Statute of Frauds is true?

<p>Initials can suffice as a signature. (D)</p> Signup and view all the answers

Under what circumstance can an oral contract for the sale of goods be enforced?

<p>If the seller has admitted to the contract in court. (A)</p> Signup and view all the answers

What does the UCC require for a contract of sale involving goods priced at $500 or more?

<p>Adequate evidence of a contract must be documented. (C)</p> Signup and view all the answers

Which of the following confirms a valid acceptance under the UCC?

<p>Partial delivery of goods along with payment. (D)</p> Signup and view all the answers

Which of the following is a requirement for a written record under the UCC?

<p>It must indicate that a contract has been formed. (B)</p> Signup and view all the answers

Flashcards

US Constitution

The supreme law of the US, outlining basic principles of government and limitations on its authority.

State Constitution

The highest law within a state, establishing the state's legal framework.

Substantive Law

Law that creates, defines, and regulates legal rights and duties.

Private Law

Part of Substantive Law governing relationships between individuals, including businesses.

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Public Law

Branch of Substantive Law dealing with government rights, duties, and powers.

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Stare Decisis

The principle requiring lower courts to follow prior decisions by higher courts in similar cases.

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Bill of Rights

The first ten amendments to the US Constitution, protecting individual rights.

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Separation of Powers

The division of government power among the legislative, executive, and judicial branches.

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Legal Detriment

Something the promisee was not legally obligated to do.

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Legal Benefit

The promisor obtaining something they had no prior legal right to.

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Legally Sufficient Consideration

The requirement of legally sufficient consideration is not about fairness or the value of the deal, but rather about the presence of a mutual agreement and a legal detriment or benefit involved.

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Bargained-for Exchange

Both parties agree to an exchange of consideration. This can occur through promises or actions.

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Promise to Give a Gift

A promise to give a gift is unenforceable because it lacks consideration. One side is giving something, but the other isn't giving anything in return.

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Past Consideration

An act performed before a contract is made. This is not valid consideration because there is no exchange of something for a promise. The action happened before the promise was made.

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Illusory Promise

A seemingly binding promise that, upon closer inspection, lacks real or legal commitment. Often contains ambiguous terms like "desire" or "wish to buy", making performance optional and non-binding.

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Output Contract

An agreement where a seller commits to sell their entire production to a specific buyer. It is not illusory because the production amount is provable.

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Restitution

A legal remedy that aims to restore a party who entered a contract to their original position before the contract was made. This might involve returning goods or money exchanged.

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Disaffirmance

When a minor cancels a contract they entered into, returning any items or money received.

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Intoxication and Contracts

A contract entered into by an intoxicated person is voidable if the sober party knew or should have known that the intoxicated person lacked the mental capacity to understand the agreement.

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Contracts Under Guardianship

A legal doctrine that holds that a party who is under a court-ordered guardianship cannot enter into binding contracts. However, they may be liable for basic necessities.

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Scienter

Knowledge of wrongdoing. A key element in proving fraud or misrepresentation; the person knew what they were doing was wrong.

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Duress

Illegitimate pressure or coercion that forces someone to enter a contract against their free will.

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Physical Compulsion (Duress)

Physical force used to compel someone into an agreement. This renders the contract void.

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Improper Threats (Duress)

Using threats or coercion to pressure someone into a contract, leaving them with no realistic alternative. It makes the contract voidable.

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Commerce Clause

The power of the US government to regulate interstate commerce. This power extends to activities that significantly affect commerce, even if they occur within a single state. It is very broad and allows Congress to regulate a wide range of economic activities.

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Procedural Due Process

The legal standard used to determine whether government action deprives a person of life, liberty, or property without due process of law. It requires fair procedures to be followed.

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Defamation

A type of speech that is considered offensive, harmful, or damaging to a person's reputation. It can be written or spoken, and includes false statements that harm someone's standing in the community.

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Federal Spending Power

The power of the federal government to spend money. This power is broad and allows Congress to spend money on a wide range of programs, as long as the spending does not violate specific constitutional limitations.

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Concurrent Powers

Powers shared by both the federal and state governments, such as taxation, spending and the regulation of public health, safety, and welfare.

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Reserved Powers

The power reserved to the states, or the people, under the 10th Amendment to the US Constitution. This means that the federal government only has the powers specifically granted to it by the Constitution.

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Federal Commerce Clause

The federal government has the power to regulate any activity that has a substantial effect on interstate commerce. This includes activities that occur within a single state, as long as they have a significant impact on commerce between states.

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Federal Powers

Powers specifically granted to the federal government by the US Constitution. These powers include the power to declare war, coin money, regulate interstate commerce, establish post offices, and grant patents and copyrights. This power has specific, limited boundaries.

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Undue Influence

A contract is voidable if one party used their dominant position in a confidential relationship to unfairly persuade the other party.

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Mistake in the Meaning of Terms

A contract is void if both parties have different understandings of a term, without knowing the other's interpretation. If one party knows the other's understanding, the contract stands with the innocent party's interpretation.

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Fraud in the Execution

When a party is tricked into signing a document without knowing what they are signing, the agreement is void.

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Fraud in the Inducement

A false statement intended to deceive, relating to a material fact, that the recipient reasonably relies on.

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False Representation of Fact

A false statement about a past event or something that exists, not just an opinion or prediction.

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Materiality of False Representation

The false statement must be about something important to the contract, likely to influence a reasonable person's decision.

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Knowledge of Falsity and Intent to Deceive

The person making the false statement must know it's untrue, or be reckless about its truthfulness.

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Justifiable Reliance

The person who was misled must have relied on the false statement to make their decision.

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Statute of Frauds

A contract that requires evidence of a writing, but doesn't need a specific form or to be complete. It can even be informally created and seen as unessential by the parties involved.

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What must a writing for Statute of Frauds include?

Parties must be identified, the subject matter and essential terms (like price and quantity) must be clear, and it must be signed by the party it needs to be enforced against.

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Statute of Frauds under UCC (Goods)

A writing that indicates the existence of a contract, specifies the quantity of goods, and is signed by the party against whom enforcement is sought.

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Admission Exception - Statute of Frauds

Oral contracts for the sale of goods can be enforced if the party against whom enforcement is sought admits to the existence of the contract in court, testimony, or pleadings.

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Specially Manufactured Goods Exception - Statute of Frauds

Oral sales contracts for specially manufactured goods are enforceable after the seller has substantially begun manufacturing, even if the buyer later tries to cancel.

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Delivery or Payment & Acceptance Exception - Statute of Frauds

If a buyer accepts part of the goods or makes a payment, the contract is valid for the goods accepted or the amount paid.

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Writing Requirement for Sale of Goods (UCC)

A contract for the sale of goods worth $500 or more usually requires a written agreement to be enforceable.

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UCC (Uniform Commercial Code)

The Uniform Commercial Code (UCC) is a set of laws that governs commercial transactions and deals with the sale of goods.

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Study Notes

CHAPTER ONE

  • A constitution establishes the fundamental principles and limitations of a government's authority.
  • The U.S. Constitution is the supreme law of the nation.
  • State constitutions are supreme within their respective states.
  • Federal law prevails in conflicts with state law.
  • Substantive law defines legal rights and duties, including contract law.
  • Private law governs relationships between individuals and legal entities.
  • Public law governs relationships between the government and individuals or groups.
  • "Stare decisis" necessitates consistency in lower courts' decisions with higher court rulings.
  • Common law system relies on case decisions ("precedent") as a source of legal principles.
  • Equity complements common law, offering remedies based on fairness, justice, and honesty.
  • Equitable remedies include specific performance, injunctions, rescission, and decrees.
  • Restatements of Law summarize common law principles in the U.S.
  • The plaintiff is the accuser, and the defendant is the accused in a legal proceeding.
  • Civil law focuses on defining duties and rights among individuals.
  • Criminal law addresses offenses against society.

CHAPTER FOUR

  • The Bill of Rights comprises the first ten amendments to the U.S. Constitution.
  • Separation of Powers divides governmental authority among legislative, executive, and judicial branches.

CHAPTER SIX

  • Criminal Law requires the government to prove guilt beyond a reasonable doubt.
  • Actus Reus refers to the physical elements of a crime (act, circumstance, consequence).
  • Mens Rea refers to the mental element of a crime (subjective or objective fault).
  • Vicarious liability holds individuals accountable for the criminal acts of others if they participated or authorized them.
  • Objective fault is a deviation from the reasonable standard of care under given circumstances.
  • Corporate liability can exist for statute violations.
  • Embezzlement is fraudulent conversion of another's property.
  • Burglary involves entering a building with malicious intent.
  • Fourth Amendment prohibits unreasonable searches and seizures.
  • Defense of Person or Property allows reasonable force for self-defense and property protection.
  • Entrapment occurs when law enforcement induces a crime previously not intended by the individual.

CHAPTER NINE

  • Bilateral contract involves an exchange of promises between two parties.
  • Unilateral contract involves a promise in exchange for an action or inaction.
  • Consideration involves a legal benefit or detriment for each party to the contract.
  • A Breach of Contract occurs when a party fails to fulfill contractual obligations.
  • Executed contracts are complete.
  • Executory contracts are not yet performed.
  • Article 2 of the Uniform Commercial Code (UCC) governs contracts for the sale of goods.
  • Personal property in contracts differs from land (real property).
  • Legal Requirements for a Contract include Mutual Assent, Consideration, Legality of Object, Capacity, and Writing or other legal documentation (in some instances).

CHAPTER TEN

  • An Offer is a definite proposal for a contract.
  • Offer elements include Communication, Intent, and Definiteness.
  • Communication requires the offer's knowledge and intentional transmission.
  • Advertisements and invitations to negotiate are not considered offers.
  • Advertisements and auctions are invitations to deal.
  • Auction Sales are generally considered an invitation to offer.
  • Definiteness requires clear terms (subject matter, price, quantity, etc.).
  • Open terms in contracts may be specified later.

CHAPTER ELEVEN

  • Duress involves overcoming a party's free will.
  • Physical compulsion renders a contract void (invalid).
  • Improper threats render a contract voidable.
  • Undue influence occurs when a dominant party exploits their power.
  • Mistake in contract interpretation renders the contract voidable if the other party knows of the mistake.
  • Fraud in the execution invalidates a contract if the impacted party didn't understand.
  • Misrepresentation and fraud involve falsehoods.
  • Materiality means a reasonable person would be influenced.
  • Scienter is intent to deceive.
  • Fraud in the inducement renders a contract voidable.
  • Fraudulent concealment is the intentional hiding of a material fact.

CHAPTER TWELVE

  • Consideration is the exchange of value between parties in a contract.
  • Legal sufficiency requires a legal benefit or detriment.
  • Illusory promises lack real consideration.
  • Pre-existing obligation does not create new consideration.
  • Modification of contracts may need new consideration (except under UCC sometimes).
  • Settlement of disputed debts can be valid consideration.
  • Settlement of undisputed debts requires additional consideration.

CHAPTER THIRTEEN

  • Illegal Contracts are unenforceable.
  • Exculpatory clauses relieve a party from liability for their own tortious conduct.
  • Exculpatory clauses for negligent conduct are scrutinized.

CHAPTER FOURTEEN

  • Contractual capacity is the legal ability to enter into contracts.
  • Minors typically have voidable contracts.
  • Minors can either disaffirm or ratify their contracts.
  • Intoxicated individuals have voidable contracts.
  • Individuals with guardians have contracts voidable in most cases.

CHAPTER FIFTEEN

  • The Statute of Frauds requires written contracts for certain types of agreements.
  • Writing requirements for contracts vary by state.
  • Exceptions to written contract requirements (for instance sale of goods).

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