Constitutional Law
The two major functions of Constitutional Law
What is establishing an organizational structure for the government on the national level, and protecting individual rights from governmental overreach?
A serious crime, usually carrying a prison sentence of one or more years.
What is a felony?
The 6 aspects that are needed for a contract to be liable
What are Offer, Acceptance, Consideration, Mutual Assent, Capacity, Legality?
The defintion of a tort
What is a private wrong in which a person or property is harmed because another fails to carry out a legal duty?
The first 10 amendments
What is the bill of rights?
The defintion of Checks and Balances
What is the Division among governmental branches so that each branch acts as a check on the power of the other two?
Guaranteed to all citizens through the Fifth and Fourteenth Amendments to the U.S. Constitution.
What is due process?
Contract where a promise is exchnaged for a promise vs Contract where a promise is exchnaged for an act
What is bilateral vs unilateral contracts?
Things that are considered torts
What is it when someone injures you, slanders your reputation, or damages your property?
Strict Liability
What is liability without having to prove fault?
The defintion of Judical Review
What is a court’s power to review statutes to decide if they conform to the U.S. or state constitutions?
The defintion of Forgery
What is the alteration or falsification of documents with the intent to defraud?
This is used in situations where there is no alternative comparable product available (ex. rare artwork)
What is Specific Performance?
The 4 elements of Negligence
What are: 1. The defendant must owe a duty to the plaintiff to act reasonably, and 2. The defendant must have breached that duty 3. Thereby causing 4. The plaintiff's harm?
A contract that is not legally enforceable from the start
What is a void contract?
The defintion of Seperation of powers
What is the division of governmental power among the legislative, executive, and judicial branches?
Offenses against the Person
What are; types of homicides, kidnapping, and acts involving the infliction of bodily harm or a threat to inflict bodily harm?
The three ways a third party can have legal interest in enforcing the contract
What are Assignment, Delegation, and Third Party Beneficiaries?
The definition of Intervening Cause
What is something that happens between the defendant’s actions and the injury, and might reduce or cut off their legal responsibility?
Contracts that are not controlled by common law, but by Article 2 of the Uniform Commercial Code (UCC)
What is the Sale of Goods?
The doctrine of incorporation
What is the application that requires states to follow most of the rights listed in the Bill of Rights, not just those applicable to the federal government?
Crimes Affecting Public Health, Safety, and Decency
What are alcohol and drug abuse, obscenity, and prostitution crimes?
This doctrine enforces a promise without consideration when the promisee reasonably relied on it to their detriment
What is promissory estoppel?
Factors are receiving closer scrutiny due to the #MeToo movement
What are Non-Disclosure agreements, Litigation, Cyberbullying, Cybertorts?
Crimes against Habitations and Property
What are: Arson, Burglary, Theft?