Contracts
The party to whom the offer is made.
Who is the offeree?
Power of the court to hear a case
What is personal Jurisdiction?
Real, Personal/Chattel, and Intellectual
What are the types of property?
2 or more people who carry on as co-owners a business for profit
What is a partnership?
Injury in fact, Causation, and redressability
What are the requirements for standing?
The manifestation of the 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.
What is an offer?
When a case can be heard in either a federal court or a state court
What is concurrent jurisdiction?
Entry that is
-actual and exclusive
-open and notorious
-continuous for statutory period
-adverse and under claim of right
What is adverse possession?
Presumption that in making a business decision the directors of a corporation acted on an informed basis, in good fair and in the honest belief that the action taken was in the best interests of the company
What is the business judgment rule?
Statute that has words that interferes with or burdens the free flow of goods and services traveling across state lines
What is a facially discriminatory statute?
A situation where a court forces a breaching party to fulfill the contract.
What is Specific Performance?
When a court requires an out-of-state defendant to litigate in a forum outside of the defendant's domicile
What is the long arm statute?
Passing away without a will in place
What is intestate?
minimal number of shareholders that have to be present at meetings
What is a quorum?
Words today means what they meant when they were written
What is Originalism?
The amount of money to put the plaintiff in the position they were in before the contract was entered into
What are reliance damages?
More than $75,000
What is the amount in controversy required under 1332?
A promise concerning the use of the land that binds not only the party making the promise but also subsequent owners of the same real estate.
What is a covenant?
Authority that is given orally or written to an agent by a principal
What is Actual/Express Authority?
Interpreting the constitution as we know today
What is living constitution?
Rule that excludes evidence that varies or contradicts a written agreement if the written agreement is a full and final expression of intent
What is the Parol Evidence Rule?
Cases with a federal question, and diversity cases.
What are the two types of cases that a federal court can hear?
Each person owns part with right to possess the whole
What is Tenancy in common?
Corporation with less than 30 shareholders and allows the shareholders to act as directors.
What is a close corporation?
Clause that describes the doctrine that provides the framework for analyzing whether a state is interfering with congress's commerce clause power by burdening interstate commerce
What is the Dormant commerce clause?