Term
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Definition
| A violation of a statute for which the government imposes a punishment |
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Term
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Definition
| A collection of criminal statutes |
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Definition
| Statutes such as environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties |
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Term
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Definition
| An attorney appointed by the government to defend a defendant in a criminal case |
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Definition
| The most serious type of crime; inherently evil crime. Most crimes against persons and some business-related crimes are felonies |
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Definition
| A less serious crime; not inherently evil but prohibited by society. Many crimes against property are misdemeanors (robbery for instance) |
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Term
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Definition
| A crime that is neither a felony nor a misdemeanor that is usually punishable by a fine |
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Term
| Criminal Act (Actus Reus) |
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Definition
| "Guilty act" - the actual performance of a criminal act |
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Term
| Intent Crimes (What is required?) |
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Definition
To be found guilty, it is required that the person be found of:
1) Criminal act (actus reus), and
2) Criminal intent (mens rea) |
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Term
| Criminal Intent (Mens Rea) |
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Definition
| "Evil Intent" -- the possession of the requisite state of mind to commit a prohibited act |
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Term
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Definition
| When the accused purposefully, intentionally, or with knowledge commits a prohibited act |
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Definition
| When there is a showing of recklessness or a lesser degree of mental capacity. |
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Definition
| A crime that imposes criminal liability without a finding of mens rea (intent) |
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Definition
| When the criminal does not have the money to pay a civil judgement |
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Definition
| A document for a person's detainment, based upon a showing of probably cause that the person committed a crime |
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Definition
| The administrative procedure for recording an arrest, fingerprinting the suspect, taking a photograph of the suspect (often called a "mug shot"). |
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Definition
| A monetary fine that allows the individual to be released from jail until the date of the trial. |
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Definition
| A group of jury members who evaluate the evidence presented by the government. If there is sufficient evidence, the grand jury will issue an indictment. |
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Term
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Definition
| The charge of having committed a crime (usually a felony), based on the judgment of a grand jury |
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Term
| Magistrate's Information Statement |
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Definition
| For lesser crimes. A magistrate (judge) who finds that there is enough evidence to hold the accused for trial will issue information statement |
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Term
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Definition
| The charge of having committed a crime (usually a misdemeanor), based on the judgment of a judge (magistrate) |
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Term
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Definition
| A hearing during which the accused is brought before a court and is (1) informed of the charges against him or her and (2) asked to enter a plea |
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Term
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Definition
A party may use this plea whereby the accused agrees to the imposition of a penalty but does not admit guilt.
In other words, I'll pay the penalty, but I won't plea guilty or not guilty. |
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Term
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Definition
| An agreement in which the accused admits to a lesser crime than charged. In return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial |
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Term
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Definition
| A jury that cannot come to a unanimous decision about the defendant's guilt. In the case of a hung jury, the government may choose to retry the case |
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Term
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Definition
| When a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder, most states hold the individual liable for the crime of murder |
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Term
| Robbery vs. Burglary vs. Larceny vs. Theft |
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Definition
Robbery: The taking of personal property from another person by the use of fear or force
Burglary: The taking of personal property from another's home, office, or commercial or type of building
Larceny: The taking of another's personal property other than from his or her person or building
Theft: Robbery, burglary, and larceny put together as done by some states. |
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Term
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Definition
| The fraudulent conversion of property by a person to whom that property was entrusted. |
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Term
| Extortion under color of official right |
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Definition
| The extortion of public officials |
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Term
| Criminal Fraud / False Pretenses |
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Definition
| Obtaining title to property through deception or trickery |
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Term
| Criminal Fraud / False Pretenses |
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Definition
| Obtaining title to property through deception or trickery |
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Term
| Money Laundering Control Act |
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Definition
| A federal statute that makes it a crime to (1) knowingly engage in a money transaction through a financial institution involving property from an unlawful activity worth more than $10,000 and (2) knowingly engage in a financial transaction involving the proceeds of an unlawful activity |
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Term
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Definition
| A crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime |
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Term
| Corporate Criminal Liability |
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Definition
| Criminal liability of corporations for actions of their officers, employees, or agents |
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Term
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Definition
| A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trail or an administrative proceeding against the person searched |
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Term
| Attorney-Client Privilege |
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Definition
| A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client |
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Term
| Immunity from prosecution |
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Definition
| The government's agreement not to use against a person granted immunity any evidence given by that person |
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Term
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Definition
| A clause in the Fifth Amendment that protects persons from being tried twice for the same crime |
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Term
| Legally Enforceable contract |
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Definition
| A contract in which if one party fails to perform as promised, the other party can use the court system to enforce the contract and recover damages or other remedy. |
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Term
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Definition
| The party who makes an offer to enter into a contract |
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Term
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Definition
| The party to whom an offer to enter into a contract is made |
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Term
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Definition
1) Agreement - Mutual assent of both parties
2) Consideration - The contract must be supported by consideration that is legally sufficient (money, property, provision of services, etc.)
3) Contractual Capacity - Must be made between individuals who have legal capacity to make a contract
4) Lawful object - The object of the contract must be legal (no drug deals) |
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Term
| Defenses against a contract |
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Definition
1) Genuineness of assent - Agreement cannot be made under duress, fraud, or undue influence
2) Writing and form - Contracts must be in writing or some form |
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Term
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Definition
| Contract law developed primarily by state courts |
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Term
| Uniform Commercial Code (UCC) |
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Definition
| A comprehensive statutory scheme which includes laws that cover aspects of commercial transactions |
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Term
| Restatement of the Law of Contracts |
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Definition
| A compilation of model contract law principles drafted by legal scholars. The Restatement is not law |
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Term
| Objective Theory of Contracts |
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Definition
A theory that says the intent to contract is judged by the reasonable persons standard and not by the subjective intent of the parties
i.e. Would a reasonable person conclude that the parties intended to create a contract after considering (1) the words and conduct of the parties, and (2) the surrounding circumstances? |
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Term
| Uniform Computer Information Transactions Act (UCITA) |
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Definition
| A model act that establishes uniform legal rules for the formation and enforcement of electronic contracts and licenses |
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Term
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Definition
| A contract entered into by way of exchange of promises of the parties; "a promise for a promise" |
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Term
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Definition
| A contract in which the offeror's offer can be accepted only by the performance of an act by the offeree; a "promise for an act" |
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Term
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Definition
| A contract that requires a special form or method of creation. |
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Term
| 4 Types of Formal Contracts |
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Definition
1) Negotiable instruments (checks, notes, CDs, etc.)
2) Letters of Credit (Agreement by the issuer of the letter to pay a sum of money upon the receipt of an invoice)
3) Recognizance (A party acknowledges in court that he or she will pay a sum of money if a certain event occurs)
4) Contracts under seal (Type of contract in which a seal is attached) |
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Term
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Definition
| A contract that is not formal. Valid informal contracts are fully enforceable and may be sued upon if breached |
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Term
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Definition
| A contract that meets all the essential elements to establish a contact; a contract that is enforceable by at least one of the parties |
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Term
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Definition
| A contract that has no legal effect; a nullity |
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Term
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Definition
| A contract in which one or both parties have the option to avoid their contractual obligations. If a contract is avoided, both parties are released from their contractual obligations. |
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Term
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Definition
| A contract in which the essential elements to create a valid contract are met but there is some legal defense to the enforcement of the contract |
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Term
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Definition
| A contract that has been fully performed on both sides; a completed contract |
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Term
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Definition
| A contract that has not been fully performed by either or both sides |
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Term
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Definition
| An agreement that is expressed in written or oral words |
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Term
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Definition
A contract in which agreement between parties has been inferred from their conduct. Three elements must be established to create an implied-in-fact contract:
1) The plaintiff provided property or services to the defendant
2) The plaintiff expected to be paid by the defendant for the property or services and did not provide the property or services gratuitously.
3) The defendant was given an opportunity to reject the property or services provided by the plaintiff but failed to do so. |
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Term
| Quasi-Contract (implied-in-law contract) |
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Definition
| An equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed. The doctrine is intended to prevent unjust enrichment and unjust detriment |
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Term
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Definition
| A doctrine that permits judges to make decisions based on fairness, equality, moral rights, and natural law |
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Term
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Definition
| The manifestation by two or more persons of the substance of a contract |
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Term
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Definition
The manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
Must include:
1) Objective Intent
2) Express or implied terms
3) Communicated to Offeree |
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Term
| Objective Theory of Contracts |
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Definition
| A theory that says the intent to contract is judges by the reasonable person standard and not by the subjective intent of the parties |
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Term
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Definition
1) Identification of party
2) Identification of subject matter and quantity
3) Consideration to be paid
4) Time of performance |
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Term
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Definition
| A term in a contract that can reasonably be supplied by the courts |
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Term
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Definition
| An invitation to make an offer, or an actual offer. (Considered an actual offer if it is very specific and apparent that the advertiser has the intent to form an agreement) |
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Term
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Definition
| An award given for performance of some service or attainment. To collect a reward, the offeree must (1) have knowledge of the reward offer prior to completing the requested act and (2) perform the requested act |
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Term
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Definition
| An auction in which the seller retains the right to refuse the highest bid and withdraw the goods from sale. Unless expressly stated otherwise, an auction is an auction with reserve |
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Term
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Definition
| An auction in which the seller expressly gives up his or her right to withdraw the goods from sale and must accept the highest bid. |
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Term
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Definition
| Withdrawal of an offer by the offeror which terminates the offer |
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Term
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Definition
| Express words or conduct by the offeree that rejects an offer. Rejection terminates the offer |
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Term
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Definition
| A response by an offeree that contains terms and conditions different from or in addition to those of the offer. A counteroffer terminates the previous offer. |
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Term
| Termination of an offer by operation of law |
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Definition
1) Destruction of the subject matter through no fault of either party
2) Death or incompetency
3) Supervening illegality (offer is void if the object of the offer is illegal)
4) Lapse of time |
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Term
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Definition
A manifestation of assent by the offeree to the terms of the offer in a manner invited or required by the offer as measured by the objective theory of contracts
For unilateral contracts, acceptance is by the offeree's performance of the required act.
For bilateral contracts, acceptance is when the offeree promises to perform the requested act. |
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Term
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Definition
| A rule which states that for an acceptance to exist, the offeree must accept the terms as stated in the offer |
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Term
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Definition
| A rule that states that an acceptance is effective when it is dispatched, even if it is lost in transmission. Also known as the acceptance-upon-dispatch rule. |
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Term
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Definition
| The proper addressing, packaging, and posting of an acceptance |
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Term
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Definition
| A stipulation in an offer that says the acceptance must be by a specified means of communication |
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Term
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Definition
| A mode of acceptance that is implied from what is customary in similar transactions, usage of trade, or prior dealings between parties |
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Term
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Definition
| A doctrine that allows minors to disaffirm (cancel) most contracts they have entered into with adults. |
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Term
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Definition
| The act of a minor to rescind a contract under the infancy doctrine. _______ may be done orally, in writing, or by the minor's conduct. |
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Term
| Minor's Duty of Restoration |
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Definition
| A rule which states that a minor is obligated only to return the goods or property he or she has received from the adult in the condition it is in at the time of disaffirmance |
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Term
| Competent Party's Duty of Restitution |
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Definition
| A rule which states that if a minor has transferred money, property, or other valuables to the competent party before disaffirming the contract, that party must place the minor in status quo. |
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Term
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Definition
| The act of a minor after the minor has reached the age of majority by which he or she accepts a contract entered into when he or she was a minor |
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Term
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Definition
| The act or process of a minor voluntarily leaving home and living apart from his or her parents |
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Term
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Definition
| Food, clothing, shelter, medical care, and other items considered necessary to the maintenance of life. Minors must pay the reasonable value of necessaries of life for which they contract |
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Term
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Definition
| A state of contractual incapacity as determined by law |
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Term
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Definition
| Declared legally insane by a proper court or administrative agency. A contract entered into by a person adjudged insane is void. |
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Term
| Insane but not adjudged insane |
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Definition
| Being insane but not having been adjudged insane by a court or an administrative agency. A contract entered into by such a person is generally voidable. Some states hold that such a contract is void. |
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Term
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Definition
| A person who is under contractual incapacity because of ingestion of alcohol or drugs to the point of incompetence |
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Term
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Definition
| A law that sets an upper limit on the interest rate that can be charged on certain types of loans. |
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Term
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Definition
| A doctrine which states that the courts will refuse to enforce or rescind an illegal contract and will leave the parties where it finds them |
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Term
| Contract contrary to public policy |
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Definition
| A contract that has a negative impact on society or that interferes with the public's safety and wellfare |
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Term
| Contract in restraint of trade |
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Definition
| A contract that unreasonably restrains trade (e.g., companies that agree to fix the marke tprice of a good) |
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Term
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Definition
| A statute that requires a person or business to obtain a license form the government prior to engaging in a specified occupation or activity |
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Term
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Definition
A contractual provision that relieves one (or both) of the parties to a contract from tort liability for ordinary negligence. Also known as a release of liability clause.
E.g., You go parachute jumping and sign a paper that says the company isn't liable for your injury. You cannot sue the company b/c they are not under tort liability. |
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Term
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Definition
| A contract which provides that a seller of a business or an employee will not engage in a similar business or occupation within a specified geographical area for a specified time following the sale of the business or termination of employment. Also called a noncompete clause |
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Term
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Definition
| A contract that courts refuse to enforce in part or at all because it is so oppressive or manifestly unfair as to be unjust |
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Term
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Definition
| A state statute that requires certain types of contracts to be in writing |
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Term
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Definition
| The land itself, as well as buildings, trees, soil, minerals, timber, plants, crops, fixtures and other things permanently affixed to the land or buildings |
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Term
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Definition
| An interest in real property for a person's lifetime; upon that person's death, the interest will be transferred to another party |
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Term
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Definition
| A right to use someone else's land without owning or leasing it |
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Term
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Definition
| A rule which states that an executory contract that cannot be performed by its own terms within one year of its formation must be in writing |
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Term
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Definition
| A promise in which one person agrees to answer for the debts or duties of another person. It is a contract between the guarantor and the original creditor |
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Term
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Definition
| A person who agrees to pay a debt if the primary debtor does not |
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Term
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Definition
| An exception to the Statute of Frauds which states that if the main purpose of a transaction and an oral collateral contract is to provide pecuniary benefit to the guarantor, the collateral contract does not have to be in writing to be enforced. Also known as the leading object exception |
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Term
| UCC Statute of Frauds Section 2-201(1) |
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Definition
| A section of the Uniform Commercial Code which states that sales contracts for the sale of goods costing $500 or more must be in writing |
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Term
| UCC Statute of Frauds Section 2A-201(1) |
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Definition
| A section of the Uniform Commercial Code which states that lease contracts involving payment of $1000 or more must be in writing |
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Term
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Definition
| A rule which says that agents' contracts to sell property covered by the Statute of Frauds must be in writing to be enforceable |
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Term
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Definition
| An equitable doctrine that allows the court to order an oral contract for the sale of land or transfer of another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice |
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Term
| Integration of several writings |
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Definition
| The combination of several writings to form a single contract |
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Term
| Incorporation by reference |
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Definition
| Integration made by express reference in one document that refers to and incorporates another document within it |
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Term
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Definition
| Any oral or written words outside the four corners of a written contract |
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Term
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Definition
| A rule that says if a written contract is a complete and final statement of the parties' agreement, any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of the written contract are inadmissible in court regarding a dispute over the contract. There are several exceptions to this rule |
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Term
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Definition
| A clause in a contract that stipulates that it is a complete integration and the exclusive expression of the parties' agreement. Also known as an integration clause. |
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Term
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Definition
| An equitable doctrine that permits enforcement of oral contracts that should have been in writing. It is applied to avoid injustice. Also known as equitable estoppel |
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