Glossary of Law midterm
Other Decks By This User
- What are Material Facts?
- Something directly related to the case
- What is Holding?
- The essential determination of the case
- What are the parties in a criminal case
- Defendent vs. State
- What are the parties in a cival Case
- Defendent vs. Plaintiff
- What is Preponderance of Evidence
- Is this person more then likly to have done it (ONLY IN A CIVAL CASE)
- What is venue
- The place were the court was heard
- What is Jurisdiction
- Does the court have power in this area
- What is a contract?
- A legaly binding agreement, that must be spacific
- What are the parts of a contract?
- The Offer, The Acceptance and the consideration
- What is an Offer (In a contract)
- The offer is a specific proposal to do something
- What is a Unilateral Contract
- A contract in which only one person is bound
- What is a Quasi Contract
- A contract that is non-writen and there is reasonable value for the servises
- What is Revocation
- When the seller revokes the contract
- What are things that can void an otherwise normal contract
- Undue Influence, Dirress (both phisical or economical)
- What is Undue Influence?
- When you prohibit people from using free will
- What is Phisical Dirress
- Sign this or Die
- what is public policy
- Something that a community views as wrong
- What does it mean when one says Uncontionable
- A senerio were it would be unfair to enforce
- What is Non-Comp
- a contract that restricts a person from getting a new job in a time frame; also if one sells a company and opens a new shop
- Statute of frauds
- Means things that must be in writing aka real estate transactions, promises to pay debts, contracts related to marrage, also contracts that you could not possibly preform in one year
- What is Objective intent
- what someone means and what a reasonable person would say it means
- What is Expressed Intent
- Looking at things such as past dealing and things like oral statements
- What is an adhesionary contract
- A contract that has profoundly more power on one side
- Who are intended beneficiaries?
- The people that are clearly stated to recieve benifits (ex. life insurence)
- Who are incidental benificiaries?
- The people that benifit from an agreement even though they are not part of it (ex. the ugly house)
- Who are Creditor Beneficiaries?
- They are banks that get assigned the debt of a debter from a loaner (
- What is a Novation
- When the landlord writes up a new contract
You must Login or Register to add cards