Legal Systems & The Courts
This is the authority of a court to hear and decide a case for the very first time.
Original Jurisdiction
This is the value bargained for and exchanged in a contract; without it, an aggrement is just an unenforceable gift promise.
consideration
This statue specific types of contracts, shuch as agreements involving the sale of land, to be in writing to be legally enforceable.
Statute Frauds
Unlike a crime aginst society, this is a civil wrong that causes harm or injury to a person or thier property, resulting in legal liability.
Tort
The party authorizing another act.
Principal
This doctrine requires lower courts to follow the legal precedents set by higher courts within their jurisdiction
Stare decisis
This rule states that an acceptance must match the other offer exactly, with no modifications or additions.
Mirror image rule.
This term describes a person's legal ability to enter into a contract, which may be lacking due to youth, mental incompetence, or severe intoxication.
Contractual Capacity
To win a lawsuit bassed on this unintentional tort, a plaintiff must prove four key elements, duty, breach, causation, and damages.
The party authorized to represent a principal
Agent
This is the authority of a court to hear and decide a case for the very first time.
Original Jurisdiction
Under this rule, an acceptance is legally effective the moment it tis dispatched or mailed, not when it is received.
Mailbox rule
This rule prevents parties from introducing oral evidence in court that contradicts a final, fully integrated written agreement.
parol evidence rule
This is the standard proof of required to convict someone in a criminal trial, which is much higher than the civil standard.
Beyond a reasonable doubt
Authority directly stated in words
Express authority
This pretrial phase allows both sides in a lawsuit to exchange evidence, request documents, and take depositions.
Discovery
A legally binding agreement requires mutual assent, which consists of these two fundamental components.
offer and acceptance
This spacific typ of contract breach is so severe that it destroys the core value of the agreement, completely excusing the non-breaching party from performance.
Material breach
This spacific crime occurs when an individual legally misappropriates or steals property or funds that were explicitly entrusted to their care by an employer.
Embezzlement
Employer liability for employee torts
Respondent superior
This constitutional clause grants Congress the power to regulate commercial activities that cross state lines or affect interstate relations.
Commerce Clause
This type of contract is formed not by writing or spoken with words, but by the conduct and actions of the parties involved.
Implied-in-fact contract
This equitable remedy forces a breaching party to actually fufill thier spacific promise under the contract, typically used when the subject matter is compleatly uniqe, like real estate.
Specific Performance
This ethical theory states that an action is morally right if it produces the great amount of good or happiness for the greatest number of people.
Utilitarianism
Authority created by principal appearance
Apparent athority