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| which is not granted by bill of rights |
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Definition
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Term
| the judicial power of the united states is vested in |
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Definition
| supreme courts and inferior courts |
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Term
| which court has original jurisdiction over federal questions and lawsuits between citizens of different states |
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| a duty to do or not to do a certain thing , an act or omission in violation of that duty and criminal intent are elements of a |
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| which is not a business related crime? |
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Definition
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| examples of business related crime |
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Definition
| arson, conspiracy, extortion |
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Term
| a written accusation declaring that there is sufficient evidence to try the identified individual for a specified crime is called |
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Term
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Definition
duty and breach,
injury and causation |
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Term
| The most common example of vicarious liability is |
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Definition
an employer for the acts of employees
a parent for the acts of the child |
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Definition
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| ethics is making a decision |
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Definition
that is reasoned
that is impartial
about a right or wrong |
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Term
| Not basic means of expresssion |
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Definition
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Term
| basic means of expression |
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Definition
| speech, religion and assembly |
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Term
| the two amendments that apply to the federal and state governments respectively are |
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Definition
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Term
| which is the third stage in forming of a legal system |
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Definition
| courts systems are formed |
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Term
| a legislative body has the power to nullify a court's interpretation of a statute or ordinance |
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Definition
| abolishing it and rewriting it |
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Term
| the authors of the declaration of independence believed that to secure the rights that they had just adopted they would need to |
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Definition
| institute their own government |
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Definition
original jurisdiction over cases affecting public ministers,ambassadors and consuls
appellate jurisdiction over cases on appeal from the highest courts of the various states |
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Term
| courts, below the circuit court level, that take care of specialized or relatively minor jurisdiction would not include |
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Definition
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Term
| some constitutional rights to due process are |
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Definition
the right to cross examine, the right not to testify against oneself
the right to be represented by a lawyer |
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Term
| criminal liability may be avoided by producing evidence to support |
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Definition
procedural defense
substantive defense |
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Term
| self defense, criminal insanity and immunity are examples of |
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Definition
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Term
| Monetary awards to the injured party to compensate for the loss are often called |
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Definition
| actual damages, compensatory damages |
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Term
| consequences based reasoning first looks for alternative ways to alter the current situation and then |
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Definition
describes the consequences flowing from each alternative
selects the standard for judging the alternatives consequences as right or wrong
counts the number of persons affected by the possible alternatives |
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Term
| a right based o a person's reasonable expectation that his or her actions, communications, beliefs and other personal attributes are protected from another;s improper use is called |
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Definition
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Term
| the act that requires commercial sites to use up to date methodology to restrict access to their sites containing material harmful to children is the |
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Definition
| child online protection act |
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Term
| which is not a major requirement for a contract |
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Definition
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Term
| a valid offer must be communicated to the offeree and |
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Definition
the offeror must intend to create a legal obligation
the terms must be definite and complete |
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Term
| An unaccepted offer can be terminated by |
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Definition
a counteroffer
reasonable length of time
rejection of the offeree |
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Term
| what can terminate an offer? |
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Definition
offeror revokes the offer
destruction of an item |
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Term
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Definition
for a slated time
for not more than 3 months
even when nothing is paid by offeree |
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Term
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Definition
| without both the offer and acceptance on mutually agreed terms |
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Term
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Definition
| are not legal obligations |
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Term
capacity to contract means that the person
of what is capacity |
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Definition
| has the ability according to law, to understand his or her actions and the effect of those actions |
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Term
| when the price is not specified in contracts between individuals who regularly deal in such goods |
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Definition
| the current market price is used as the basis |
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Term
| offers that require the offeree to accept by communicating the requested promise to the offeror are |
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Definition
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Term
| when the terms of acceptance must exactly match the terms contained in the offer it is called |
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Definition
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Term
| in order to be effective , a rescission must be |
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Definition
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Term
| A genuine agreement may be lacking due to |
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Definition
| duress, fraud and undue influence |
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Term
| in economic duress cases, the courts look at |
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Definition
| both the threat and the alternative available(opportunity costs) to the threatened party |
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Term
| key elements in undue influence are unfair persuasion and |
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Definition
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Term
| A mistake from failure to read a contract before signing is called |
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Definition
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Term
| Generally, mistakes that have no effect upon the contract rights of the parties are |
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Definition
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Term
| In misrepresentation, the statement must be one of a |
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Definition
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Term
| disclosure is required when a statement |
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Definition
omits important information about a material fact
is made false by subsequent events |
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Term
| contracts entered into as result of misrepresentation or fraud are avoidable |
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Definition
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Term
| an untrue statement is not material |
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Definition
| the statement was an honest opinion |
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Term
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Definition
the exchange of two benefits
the exchange of two detriments
the exchange of a benefit for a detriment |
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Term
| If a contact contains a clause that allows you to escape the legal obligation the promise is said to be |
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Definition
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Term
| when buyers agree to purchase all of a particular producer's production, it is called |
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Definition
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Term
| A liquidated debt is one where the parties agree |
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Definition
a)that the debt exists
b)on the amount of debt |
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Term
| It is not a part of consideration |
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Definition
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Term
| the statute of limitations specifies |
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Definition
| the time limit of bringing a lawsuit |
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Term
| when consideration is provided to keep an offer open, it creates |
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Definition
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Term
| an important exception to the general rule that mutual consideration is necessary for a valid contract or binding promise is |
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Definition
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Term
| a big difference in economic value of what one gives and receives may be evidence |
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Definition
duress
mutual mistake
fraud |
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Term
| Acting toward a contract as though one intends to be bound by it is called |
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Definition
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Term
| when a court decrees a minoremancipated, it is referred to as |
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Definition
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Term
| this is a god or services that were not necessaries |
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Definition
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Term
| In most states a minor can get back everything they gave even if |
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Definition
a) they are unable to return exactly what was received under the contract
b)the goods have been used or damaged
c) the goods that have been lost consumed or destroyed |
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Term
| some contracts of minors that cannot be disaffirmed are |
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Definition
a) court approved contracts
b)enlistment in the armed services
c)educational loans |
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Term
| when the consideration by both parties ha been returned the contact is said to be |
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Definition
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Term
| the severance of the child-parent relationship is referred to be as |
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Definition
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Term
| when a person has the capacity to bind an organization to a contract they are said to have |
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Definition
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Term
| generally a person lacking contractual capacity can disaffirm a contract for goods and services that are not necessary |
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Definition
a) any time while still under the incapacity
b) within a reasonable time after attaining capacity |
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