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Vocabulary...
Chapters 8-5
| Question | Answer |
|---|---|
| Promissory Estoppel | An action that the court can take to use the doctrine |
| Statute of Limitations | Specifies a time limit for bringing a lawsuit |
| Past Consideration | When the act has already been performed cannot serve consideration |
| Composition with Creditors | The debtor agrees not to file bankruptcy |
| Accord and Satisfaction | A payment offered in full settlement by the debtor and and acccepted by a creditor settles the claim. |
| Liquidated Debt | One where the parties agree what the debt exists and on the amount of the debt |
| Requirements Contract | when one company supplies all of the items of another company |
| Output Contract | a steel company may buy all of the output of a nearby coal mining company |
| Nominal Consideration | The token amount |
| Legal Values | In result of the contract, there was a change in a party's legal postion |
| Promisee | the person to whom the promise was made |
| Promisor | the person promising |
| Forbearance | to not do something |
| Donee | the person receiving the gift |
| Donor | the person giving the gift |
| Gift | transfer of ownership without reciving another item |
| Fraud | Based on misrepresentation |
| Fraudulent Misrepresentation | If the seller knew the statement was true |
| Innocent Misrepresentation | If the seller thought the false statement was true. |
| Void | The contract is no longer exist. |
| Material Facts | Important facts about the decisions of the contract. |
| Mutual Mistake | both parties have a incorrect belief. |
| Unilateral Mistake | Only one party holds a incorrect belief |
| Undue Influence | occurs when one party to the contract is in a postion of trust or power. |
| Duress | Occurs when one party uses an improper threat or act |
| Ratification | is conduct that confirms you intend to be bound by the contract |
| Rescission | to get back what has already been put into the contract |
| Voidable | You can cancel the contratual Obligation |
| Genuine Assent | true and complete aggrement |
| Unilateral Contract | The offeree accepatce by performing the act |
| Bilateral Contract | The offeree must communicate to the offoror. |
| Mirror Image Rule | The acceptance must match the offor. |
| Acceptance | The offer made an aggrement to the proposal. |
| Firm Offer | a written offor that contains a term stating how long the contract will be aviable. |
| Option | when a gift is exchanged to keep the contract open. |
| Counteroffer | When the offeree changes the contract and it tremintes the old contract. |
| Revocation | To take away the offor. |
| Offer | is a proposal by an offeror does or refrains from doing something in return |
| Offeree | the person the offer is made for |
| Offeror | the person who made the offer. |
| Judejement | the final verdeict made by the judge or jury |
| Verdict | The jurys Decision on the case. |
| Subpoena | When a witness is called into court |
| Witness | Someone who has personal Knowleage about the case |
| Testiomony | What the witness says on the stand. |
| Evidence | Anything that can help prove the defednet gulity. |
| Injuntion | a court order that has someone to stop and act. |
| Strict Liability | the law holds a party liable in a tort |
| Fraud | when somebody intends to change a money amount on a check. etc |
| Conversion | When somebody steels something. |
| Trespass to Land | when you go onto somebodys land intet needs to be proven |
| Invasion Privacy | somebody goes through somebody elese things with out permission or a warrent. |
| Defamation | a written slander |
| False Imprioment | when somebody holds somebody in a area. |
| Battery | Physical damage |
| Assault | Yelling or a maater such as yelling |
| Intentional Torts | When u mean to commit a tort |
| Negligence | Whose fault it is. |
| Damages | |
| Tort | Private or civil wrong |
| Plea Bargaining | The plaintiff may plea guilty to a less serious crime to get a lesser sentanc. |
| Punishment | Any penalty provided by law or imposed by a court |
| Contempt of Court | An Action that hinders the administration of justice. |
| Immunity | is freedom from prosecution. |
| Seld-defense | is the use of froce that appears to be nessery to the victiam to prevent death. |
| Substantive Defenses | to disprove, justify, or excuse the alleged crime |
| Procedural defenses | based on problems with the way evidence is contained. |
| Defense | is a legal position taken by her. |
| Probable Cause | a reasonable ground for belief |
| White-collar Crimes | a crime in the business world |
| Misdemanor | is a less serious crime |
| Felony | is a crime punishable by confinement for more than a year in a state prison |
| Vicarious Crimminal Liability | Substituted |
| Crime | is that it is punishable offense against society |
| Probate Courts | Involves wills and estates |
| Juvenile Courts | for ages 13-18 |
| Small Claims courts | handle $2,500 or less |
| Municipal Courts |
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