Chp 3,4,5,6
Terms
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- Status of Contract
- Executory/ Executed
- 2 Types of Contracts
- Oral Contract: A contract that is not in writing, or signed by the parties. A real contract created entirely from the conversation of the parties. 2.WRITTEN CONTRACT: A contract reduced to writing on a permanent surface,
- Differences bet. Admin Agencies & Gvmt
- The voter does not have direct control over the operations of Administrative Agency functions.
- Robbery
- The taking of property in possession of another person against that persons will and under threat of bodily harm
- Characteristics of Defamation
- Have to have the statement that is untrue. The Person who makes the statement has to KNOW its untrue. It has to be made in the company of a 3rd Party. Statement is not subject to privalege (ie-Atty, Court proceeding)
- Administrative Agencies
- A governmental body responsible for the control & supervision of a particular activity or area of public interest. (Ex. of Federal agencies: FTC, FCC, IRS, OSHA, SEC,) (State Agencies: Wokers Comp Board, Public Service Commission, Dpt of Insurance, Alcoholic Beverage Control Board) (Local agencies: Board of Health, Bd of Education, COnsumer Protection Agency)
- Public Offer
- Acceptance of a public offer by anyone (think classifieds) as indicated by the performance of the act, results in a enforceable contract.
- Conversion
- The wrongful exercise of dominion & control over anothers personal property. (This tort can involve wrongful taking, wrongful detention, or an illegal assumption of ownership) (Denial of use or enjoyment of your personal property)
- Executory Contracts
- A contract in which some future act or obligation remains to be performed under its terms. (A ctrt is completely executory if it still has yet to be performed) (It is partly executory is some parts have been performed & some have not)
- Similarities bet. Admin Agencies & GVMT
- They carry out all 3 (Executive, Legislative, Judicial) functions just like our Government.
- Vicarious Negligence
- Charging a negligent act of one person to another. (To desrcibe as an act performed by one person as a substitute for another)
- VOID contract
- A contract that is not enforceable from the beginning because It LACKS one of the requirements of a valid contract.
- Voidable Contract
- An agreement that can be rejected by one of the parties for a legally acceptable reason (IE- if one of the requirements of a valid contract is unfulfilled or disputed)
- Valid Contract
- An agreement resulting in an obligation that is legally enforceable/
- Crime
- An offense against the public at large punishable by the official governing body of a nation or state.
- False Pretenses
- A broad category of crimes that involves activities intended to deceive others or to obtain goods by making false claims. (Ex: If someone takes your $$ for service they have no intention of doing. )
- Termination of Offer
- 4 ways to terminate an offer: 1.Lapse of Time 2. Lapse if offerer REVOKES it. 3. Lapse if offerree REJECTS it. 4. Lapse if offerree ACCEPTS it.
- White Collar Crime
- A term used to describe various crimes that typically do not involve force or violence. Committed by and against businesses. (Stock swindles, frauds againt insurance co., creidt cd fraud, aggrements w/ competition to fix pricing, stock trading based on non public info) Can be a felony or a misdemeanor.
- Perjury
- The crime of intentionally giving false oral or written statements under oath in a judicial proceeding after having sworn to tell the truth.
- Slander (non-permanent)
- The spreading of damaging words or ideas about a person directly, or indirectly in all other forms not considered libel. Slander is not protected under the 1st amendment.
- Shoplifting
- Stealing merchandise from a retail store
- Formal Contract
- Specialty Contract is a written contract under seal.
- Private Nuisance
- A person who acts in a way that denies this right to a specific person/ persons (the nuisance is just affecting YOU)
- Misdemeanor
- A less serious crime that is generally punishable by a prison sentence of not more than one year. (Certain traffic offenses, thefts of small amounts of $, use of illegal measuring devices, other relatively small minor infractions against statutes)
- Libel (permanent record)
- The spreading of damaging statements in written form, including pictures, cartoons & effigies. (Permanent Record: Video, cassette, newspaper, magazine)
- Tort
- A private wrong that injures another persons physical well being, property, or reputation.Certain actions can be both a tort and a crime.
- Trade Libel
- Similar to traditional defamation, but deals with an individuals title to property or to the quality or conduct of a business.
- Larceny (General Term)
- Includes Robbery, Burlgary, Hijacking, Bribery, False Pretenses, Forgery, Perjury, Embezzlement, Extortion
- Simple Contract
- An informal contract made without a seal . (Has no bearing on the nature of the contract)
- Contributory Negligence
- LEGAL DEFEENSE that involves the failure of an injured party to be careful enough to ensure personal safety. "Sure maybe I was negligent, buy you were too and partially contributed to your own inuries" (Accepting some responsibility but acknowledging the plaintiff is responsible for their contribution to whatever happened)
- Bribery
- The act of offering, giving, receiving, or soliciting something of value to influence official action of the discharge of public duty. (Often involves 2 people)
- INDIVISIBLE/ Entire Contract
- A contract which must be completely performed in its entirety.
- Nuisance
- An unlawful interference with the enjoyment of life or property.
- Extortion
- The act of taking or demanding money or other property from someone by using force, threats of force, or economic harm. (Inv. 2 people)
- "Reasonable Person"
- The law provides certain ways in which juries can determine if a person has acted negligently by comparing them to the "reasonable person" who is of sound morals/ values/ ethics and sets the standard for how we should behave.
- DIVISIBLE Contract
- A contract that is made up of 2 or more parts, each part being independant of the others.
- Forgery
- The false marking or alteration of a writing with the intent to defraud.
- Advertising
- An advertisement, in a newspaper, on tv, on the Web, in a magazine, or on the radio is generally regarded as an invitation to trade.
- Implied Contract
- A contract that does not explicitly state the agreement of the parties but in which the terms of the agreement can be inferred from the actions / conduct of the parties, customs of the trade, or from the conditions or circumstances.
- Kinds of Negligence
- Vicarious Negligence, Contributory Negligence, Comparative Negligence, Respondant Superior
- Executed Contracts
- A contract in which all of the terms of the agreement have been fully performed by both parties.
- Strict Liabiity
- The doctrine under which persons may be liable for injuries to others whether or not they have neen negligent, or committed an intentional tort. (Ex: damage caused by inherently dangerous activities, events, animals, & might involve domestic pets, fire, water, explosives or dangerous chemicals)
- Functions of Administrative Agencies
- Regulating Conduct, Fulfilling Goverment Requirements, Disbursing Benefits, Providing Goods & Services
- Arson
- The willfull or malicious act of causing the burning of anothers house/ building. (property)
- Defenses to Defamation
- 1. Truth - If statement is untrue, it is not actionable 2.Privilege: Atty privilege, or if its used in a court of law. 3. Lack of Publication: Never expressed or spread to a 3rd party.
- Public Nuisance
- Affects the community or general public. (A person can be charged w/ a nuisance by causing loud noises, creating foul odor, shining bright lights or even diverting a stream. Public/ Private depends on if it is just affecting YOU or YOUR COMMUNITY)
- Hijacking
- Stealing a vehicle in transit, or the vehicle itself.
- Bids & Estimates
- A call for a bid, or estimate for materials to be furnished, or work to be done is not considered an offer, but rather a request for an offer or an invitation to negotiate that can be rejected by the person calling for the bid. Such an announcement or solicitation is often called a request for proposal
- Defamation
- (General Term) The harming of a persons reputation and good name by the communication of a false statement.
- Comparative Negligence
- A form of negligence that requires the court to assign damages according to the degree of fault of each party. ( Ex: if the plaintiff was found to be 10% negligent, then they would get an aware less 10% than the full damages as determined by the jury)
- Larceny
- Broad Term- The act of takng and carrying away the personal property of another without the right to do so
- Contract
- A legally enforceable agreement that is created when 2 or more competent parties agree to perform or to avoid performing, certain acts that they have a legal right to do and that meet certain legal requirements.
- Embezzlement
- The wrongful taking of money or other property that has been entrusted to a person as a part of his/her job.
- Negiligence
- The failure to exercise necessary care to protect others from unreasonable risk of harm
- Other Business related Crime
- Credit Card Fraud / Identity Theft
- Express Contract
- A contract that explicitly states the agreement of the parties either orally or in writing. (Term often used to distinguish such contracts others in which the meaning or the intention of the paries is inferred from their actions)
- Respondant Superior
- Employer is held responsible for the actions of teh employees when actions are done within the scope of their employment. *This definition is specific to employee/empoyer situations.
- 6 Elements of a Contract
- 1. OFFER & ACCEPTANCE 2. MUTUAL AGREEMENT 3.CONSIDERATION 4.Competent parties 5.LEGALITY OF SUBJECT MATTER 6. PROPER FORM
- Treason
- The levying of war against the United States or the giving of aid and comfort to the nations enemies.
- Characteristics of a Valid Offer
- An offer must be definite & certain, An offer must be communicated, an offer must inted an enforeceable obligation.
- Administrative Hearing
- A trial like judicial proceeding, without a jury, in which an administrative agency rules on matters of the law that the agency is charged with enforcing.
- Burning to Defraud
- A special category of crime providing for the punishemnt of persons who burn their own property with the aim of collecting insurance monies.