CONTRACTS
What are the three categories of damages?
What is expectation, reliance, restitution
What is the formula for determining negligence
What is B<PL
This theory of interpretation focuses on the purpose or intent of the statute
What is purposivism
What doctrine allows you to use force to defend your dwelling
What is castle doctrine
This put the defendant back into the position that they were in before the contract was created
What is restitution
This doctrine allows a court to enforce a promise even without consideration if someone reasonably relied on it.
What is promissory estoppel?
Name the intentional tort - unlawful restraint through force or threat of force that confines someone to a bounded area
What is false imprisonment
List the statute that gives an agency the power to issue binding rules
Delegated authority/Enabling statute
This is the mental state often described as "guilty mind" required for many crimes?
What is Mens Rea
This is the voluntary act requirement in criminal law — a person cannot be punished for a mere thought.
What is actus reus
This doctrine allows enforcement of an otherwise unenforceable contract because one party received a benefit and it would be unfair not to pay.
What is unjust enrichment?
Name the elements of IIED
Extreme or outrageous conduct, Severe emotional distress, Causal connection, Conduct that is intentional or reckless
This doctrine allows courts to deviate from the statutes plain meaning and when applying it literally would produce a result that no reasonable legislature could have intended
What is absurdity doctrine
This standard requires the prosecution to prove every element of the crime to this level.
What is Beyond a Reasonable Doubt
These damages put the non-breaching party in the position they would have been in had the contract been performed.
What are expectation damages
Under the UCC, this rule allows a buyer to reject goods if they fail to conform in any respect.
What is the perfect tender rule?
What are elements of shopkeepers privilege
Reasonable suspicion that someone is stealing and detention is reasonable
This two step framework once required courts to defer to reasonable agency interpretations of ambiguous statutes
Chevron defense
This crime requires a substantial step toward committing an offense but falling short of completion
What is attempt
This theory focuses on the meaning of the text and the intended meaning
What is intentionalism
This type of damages is only recoverable if foreseeable at the time of contract formation
What are consequential damages?
Name the two types of defamation
Libel & Slander
Under this rule, ambiguous criminal statutes are interpreted in favor of the defendant
What is the rule of lenity
This test for attempt asks whether the defendant came dangerously close to committing the crime
What is proximity test
This defense could apply if a defendant unlawful act is justified b/c prevented a greater harm - but fails if the defendant created the emergency
What is necessity?