Term
| What are the two requirements for the taking of private property under the U.S. Constitution? |
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Definition
| Public purpose and pay just compensation |
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Term
| What does the power of 'judicial review' allow the courts to do? |
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Definition
| Review statutes to determine if unconstitutional |
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Term
| What provision of the US Constitution gives the federal government the power to regulate air traffic from Los Angeles to New York? |
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Definition
| The interstate Commerce Clause |
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Term
| What are three of the protections afforded persons under the 1st Amendment to the US Constitution? |
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Definition
1. Freedom of speech
2. Freedom of religion
3. Freedom to hold peaceful assembly
4. Freedom to petition the government |
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Term
| Which amendment to the US Constitution extends the protections to persons in the Bill of Rights to actions taken by state governments? |
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Definition
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Term
| What are two of the defenses to a claim of libel? |
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Definition
1. Opinion
2. Truth
3. Privilege |
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Term
| What are two types of intentional tort [excluding libel and slander]? |
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Definition
| False imprisonment and fraud |
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Term
| How is an intentional tort different than a crime? |
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Definition
Intentional tort - one is seeking damages in a civil action
Crime - government seeks to punish unlawful behavior [the same act ma be both - assault] |
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Term
| What are two of the requirements for tortuous interference with a business relationship? |
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Definition
1. Contract between plaintiff and third party
2. Defendant knew of contract
3. Defendant caused third party to breach contract
4. Resulting in injury to plaintiff |
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Term
| How much does a plaintiff win if the plaintiff was 20% responsible for the accident in a state which follows the contributory negligence rule? |
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Definition
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Term
| What are the four requirements for a court to find a person liable for 'negligence'? |
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Definition
1. Duty
2. Breach of Duty
3. Direct/foreseeable cause
4. injury |
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Term
| What are two of the three tests the US Supreme Court said should be used to determine whether punitive damages awarded by a jury are reasonable? |
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Definition
1. Reprehensibility of defendant's conduct
2. Ratio of harm suffered [damages] to amount of punitive awarded
3. Comparability of punitive damages to criminal or regulatory fines |
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Term
| What are two of the philosophies for determining the consequences of a criminal act which conflict with one another and why? |
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Definition
Retribution - Rehabilitation
One seeks to punish and the other seeks to bring individual back into productive society |
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Term
| The 4th Amendment to the US Constitution prohibits certain actions by the police, what process have the courts developed to deter this behavior? |
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Definition
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Term
| What are two of the protections afforded a criminal defendant by the 5th amendment? |
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Definition
1. Double Jeopardy
2. No self incrimination
3. Due process of law |
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Term
| What is the difference between the crime of robbery and stealing? |
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Definition
Robbery is asociated with the threat of harm to an individual in the taking of property
Stealing is taking of property without threat of violecnce |
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Term
| What are the four requirements to find a contract the courts will enforce? |
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Definition
1. Meeting of the minds
2. consideration
3. capacity/legality
4. genuineness of assent |
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Term
| What is one of the types of promise which is not a contract but the court will enforce for fairness and an example? |
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Definition
1. Quasi contract ed. farmer preparing field and landlord leases to another person
2. Promissory estoppel eg. insurance agent telling homeowners they are insured when policy has expired |
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Term
| What are two of the sources of contract law in the United States? |
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Definition
1. Uniform Commercial Code [UCC]
2. common law
3. UN Convention for the International Sale of Goods [UNCISG] |
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Term
| To what source of contract law do we look to determine whether there is a contract between a coach to teach an athlete how to play a sport? |
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Definition
| Common law [it is a contract for services] |
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Term
| What is consideration in contract law? |
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Definition
| The parties exchange of value |
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Term
| To what type of contract would the 'mirror image rule' not be applicable? |
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Definition
| Sale of goods under Article 2 of the UCC |
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Term
| What are two of the requirements for a non-compete agreement to be valid? |
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Definition
1. Protects a valid business interest
2. Be reasonable in duration, scope and geography |
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Term
| What are three types of contract which must be in writing to be enforceable? |
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Definition
1. Contract dealing with an interest in land
2. Promise to pay the debt of another [guaranty]
3. Promise in consideration of marriage [prenuptial]
4. Contract for sale of goods over $500
5. Contract which is unable to be completed within 1 year |
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Term
| What is one of the duties the UCC imposes on all contracts to which it is applicable? |
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Definition
| Good faith and fair dealing |
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Term
| What is one of the two requirements for a court to find a contract unenforceable for commercial impracticability? |
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Definition
1. An unanticipated event
2. Extraordinarily unfair for one party to perform |
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Term
| What type of damages is not typically available for breach of contract? |
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Definition
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Term
| What are two examples of instances in which a duty may not be assigned? |
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Definition
1. Contract prohibits assignment
2. Forbidden by law or public policy
3. It would materially alter the contract
4.Personal services contract requiring the talents of the particular individual |
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Term
| What are two of the requirements to successfully get out of a contract which is based on fraud? |
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Definition
1. Material false statement
2. Person relied upon it and injury |
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Term
| What is the most important public policy with respect to contracts? |
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Definition
| To enforce valid contracts |
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Term
| Does a person have a duty to correct unintentionally incorrect information given to another person to a contract? |
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Definition
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Term
| Give an example of how 'due process' protects you? |
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Definition
- requirement of guilt beyond a reasonable doubt
- Evidence obtained by police unlawfully will be suppressed by court
- Right to notice and a fair hearing before action is taken against you |
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Term
| A felony typically describes a crime requiring what punishment? |
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Definition
| A crime requiring punishment of more than 1 year in jail |
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Term
| Are most crimes punishable under state or federal law? |
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Definition
| State law [some crimes may be punishable under both] |
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