Term
| In personam jurisdiction or Personal Jurisdiction |
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Definition
| Jurisdiction over the parties to a lawsuit |
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Term
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Definition
| jurisdiction to hear a case because of jurisdicitoin over the property of the lawsuit |
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Term
| quasi in rem, or attachement jurisdiction |
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Definition
| jurisdiction allowed a plaintiff who obtains a judgment in one state to try to collect judgement by attaching property of the defendant located in another state |
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Term
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Definition
A transaction in which an owner (bailor) transfers his or her personal property to another (bailee) to be held, stored, delivered, or other purpose.
Title to the property does not transfer |
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Term
| 3 necessary elements to create a bailment |
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Definition
1) personal property: both tangible and intangible
2) Delivery of possession: Bailee has exclusive control over personal property. Bailee must knowingly accept personal property
3) Bailment agreement: express (written, oral) vs implied (finding and safeguarding)
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Term
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Definition
| Can be terminated by either party (gratuitious bailees, sole benefitors) |
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Term
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Definition
| a body of rules of action or conduct prescribed by controlling, authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions. |
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Term
| Contract as a private law between parties |
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Definition
| Voluntarily entered into by parties. "Contract between parties is the law between them and the courts are obliged to give legal effect to such contracts according to the TRUE INTERESTS OF THE PARTIES" |
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Term
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Definition
| This requries an offer by the offeror and an accepatnce of the offer by the offeree. There must be mutual assent by the parties. |
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Term
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Definition
| The promise must be supported by a bargained for consideration that is legally sufficient. Gift promises and moral obligations are not considered supported by valid consideration. |
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Term
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Definition
| Parties adjudged as insane do not have this. |
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Term
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Definition
| Contracts to accomplish illegal object or contracts that are against public policy are void |
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Term
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Definition
| No real consent if obtained by duress, undue influence, or fraud |
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