Term
|
Definition
| Party that brings lawsuit |
|
|
Term
|
Definition
| party that lawsuit is against |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| for of relief granted by a court to accominsate for a loss |
|
|
Term
|
Definition
| Cash received for breaking contract |
|
|
Term
|
Definition
| Money isn't enough or won't solve the problem |
|
|
Term
|
Definition
| court order requiring a person to take certain action (land, unique goods) |
|
|
Term
|
Definition
| court order that requires a person to refrane from a specific act (restraining order) |
|
|
Term
|
Definition
| Party is allowed to cancel a contract |
|
|
Term
|
Definition
| Gun to head to sign a contract |
|
|
Term
|
Definition
| laws enacted by legislative body |
|
|
Term
|
Definition
| Lower courts must follow same rules in future |
|
|
Term
|
Definition
| Power of court to hear a case and issue enforceable judgement |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| Court can only hear cases with specific subject matter (traffic court is only traffic) |
|
|
Term
|
Definition
| Can hear many types of cases |
|
|
Term
|
Definition
| Appellate court - no testimony, no jury, no evidence, no judge |
|
|
Term
|
Definition
| Must recieve to get to the Supreme Court |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Used to force someone to appear in court |
|
|
Term
|
Definition
| Doc that requires any person to testify in court |
|
|
Term
|
Definition
| Doc in which plaintiff alleges the foundation of their claim. "making allegations" |
|
|
Term
|
Definition
| process by which party finds evidence and facts prior to trial |
|
|
Term
|
Definition
| Series of written questions relavent to th lawsuit to answer |
|
|
Term
|
Definition
| Court proceding where jurers for certain trails are selected |
|
|
Term
|
Definition
| non judicial and decided by impartial 3rd party |
|
|
Term
|
Definition
| Freedom of relgion, speech, right of assembly |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Requires probably cause for cop to search or arrest a person |
|
|
Term
|
Definition
| Person cannot be forced to testify or provide confession in criminal case against themself |
|
|
Term
|
Definition
| Right to speedy trial and informed of charges and attorney |
|
|
Term
|
Definition
| Gov cannot impose excessive bail or fines or any cruel or unusual punishment |
|
|
Term
|
Definition
| Any powers not given to the fed. gov. are given to the state |
|
|
Term
|
Definition
| Due Process Clause - no state shall deprive person of life liberty or property |
|
|
Term
|
Definition
"meeting of the minds"
Offer made by 1 part and accepted by the other |
|
|
Term
|
Definition
| Bargain for exchange of legal value |
|
|
Term
|
Definition
| Subject matter of contract is legal |
|
|
Term
|
Definition
| Parties truely agree to contract |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Understand contract and is 18+ years old |
|
|
Term
| Person offering (Offeror) |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| Absolute and unconditional -- any variation from the offer is a counter offer/rejection |
|
|
Term
|
Definition
| acceptance becomes effective when O'ee sends it by an authorized means |
|
|
Term
|
Definition
| promise to do something that one can legally do is not consideration |
|
|
Term
|
Definition
| provision in contract that releases part of liability regardless of cause |
|
|
Term
|
Definition
| Parties truly agree on contract |
|
|
Term
|
Definition
| Manefestation made by 1 per to another that falsely portrays facts |
|
|
Term
| Innocent Misrepresentation |
|
Definition
| Person makes statement they believe to be true but it's not |
|
|
Term
|
Definition
| Takes advantage of another because confidential relationship |
|
|
Term
|
Definition
Legal ability to be bound to a contract
-Protection against: minor, incompitant, intoxicated |
|
|
Term
|
Definition
| Confirmation of prior agreement that wasn't originally binding |
|
|
Term
|
Definition
| Watches out for incompetent person |
|
|
Term
|
Definition
|
|
Term
|
Definition
Requires certain types of contracts to be in writing
Contracts that: transfer real estate, can't be performed in 1 year,secondary is liable for anothers debt, sale of personal good $500+, marriage prenup |
|
|
Term
|
Definition
| Owner has unlimited liability & doesn't file tax return (reports their inc. and exp. on individual tax return) |
|
|
Term
|
Definition
| Written agreement that specifies rights and duties of business |
|
|
Term
| General Partner (limited partnership) |
|
Definition
| involed in management of business and has personal liability for partnership debts |
|
|
Term
|
Definition
| The investor, no personal lability in business. Can only lose what they invested. |
|
|
Term
|
Definition
| The owners are the members and are limited to their investment in the company |
|
|
Term
|
Definition
| Article filed to start an LLC that provides basic info |
|
|
Term
|
Definition
| Delegates rights and duties to its members (owners) of an LLC |
|
|
Term
|
Definition
Legal entity formed in court to engage in business of its own
Limited liability for Shareholders |
|
|
Term
|
Definition
| Gives actualy authority to officers of a Corp. |
|
|
Term
|
Definition
| Money paid to stockholders |
|
|
Term
|
Definition
Debt security where the corp. is the debtor and the holder is the creditor.
Debtor owes money |
|
|
Term
|
Definition
| Specifies interest rate, payment dates and other rules |
|
|
Term
|
Definition
| Pay dividends and stockholders are individually taxed |
|
|
Term
|
Definition
| Doesn't pay income tax, less than 100 SH, and no more 25% passive income |
|
|
Term
|
Definition
| income not from production (rent, interest, dividends) |
|
|
