Contracts
This is the definition of BREACH of contract
A person is liable for any damages caused for failure to perform according to the promises in a valid contract.
Plaintiff must show the following all the way throughout the lawsuit.
Enron was forced to transform its business model due to the trend in the 1980s when it came to control of energy markets
Deregulation
Wrongful act that results in damages to a private person, group of persons (class action) or property (economic interests) and which is usually litigated in civil court
Tort
Attorney Cheeseman tried to get judge to toss out the case early in the movie by bringing this type of motion
Motion to Dismiss based on Rule 11: Frivolous Lawsuit
To be legally enforceable, the contract must include all these elements
Offer & Acceptance
Consideration
Legal Capacity
Legal Purpose
Defendants raise the following defenses at every stage
The following are factors which may lead to what type of crime: societal emphasis on material success, linking corporate rewards to short-term goals, retention of status even if one is convicted.
Corporate or White-Collar Crime
Activity prohibited by legislature because it violates a duty owed to society, which is prosecuted by the government to determine guilt beyond a reasonable doubt, and punishable by fine, imprisonment or even death
This is what Ann Anderson wanted when she approached Jann Schlichtmann (John Travolta) to take her case
An apology
The Parole Evidence Rule of contracts prohibits any verbal statements or prior dealings from being introduced into evidence to change, contradict or add to the terms of a written agreement UNLESS
Verbal statements or prior dealings are evidence into evidence to clarify AMBIGUOUS terms.
What is the common name for these amendments in the constitution:
DUE PROCESS CLAUSES
Jeff Skilling brought this type of accounting to Enron's new finance business
mark-to-market accounting
To be found criminally liable the prosecution must show that the defendant committed
Guilty actions (actus rea) with a Guilty mind (mens rea)
This is the amount of money that this case, Andersen v. Beatrice & W.R. Grace, was ultimately settled for between plaintiff's and defendant W.R. Grace
$8 million
How are courts involved when it comes to contracts?
If you sign a contract with someone else, and they do keep the promise(s) they made in the contract, then you can bring a lawsuit caleed a BREACH OF CONTRACT ACTION to force them to keep to promise(s)they made in the contract and/or or pay you for the injuries that you suffered.
When it comes to civil procedure, the DUE PROCESS CLAUSE guarantees the following for plaintiffs and defendants:
NOTICE - Each party must give the other notice regarding what they are asking the court to do.
OPPORTUNITY - The court must give each party the opportunity to be heard
Enron executives were found guilty of this crime that has the following elements: (1) false material statement, (2) stated with the knowledge that it is false (3), with the intention of misleading, (4) and which another person relies on to their harm.
Fraud
By putting criminal laws into statutory form, we provide all citizens with notice as to what behaviors may result in prosecution and punishment. This gives them the opportunity to be heard so they may defend themselves. This notice and opportunity to be heard is guaranteed by:
The 5th and 14th amendment due process clauses
The the reason Judge Skinner dismissed Beatrice was because plaintiff was not able to show that
Beatrice caused the chemicals to leak into the groundwater
Consider all of the following when drafting a contract
(1) Specify what you want in the contract, (2) include terms to address ALL potential issues, (3) try to keep it ‘fair and balanced’ for all parties, (4) include written evidence of a “Meeting of the minds” and consideration
These are the typical steps in a civil lawsuit
1. Plaintiff Files and Serves the COMPLAINT
2. Defendant files and serves the ANSWER
3. Plaintiff and Defendant Engage in DISCOVERY
4. SUMMARY JUDGMENT & Settlement Conferences
5. TRIAL
6. VERDICT
7. APPEAL
The name of the theory that humans sometimes gradually slip into criminal behavior based on rationalizations and slowly changing conditions over time
Slow-Boiled Frog
In both civil and criminal court the plaintiff must prove all of these before a court will find the defendant liable or guilty.
Elements of the tort or crime
Attorney Facher asked id he could take this item before leaving the first settlement negotiation scene
A complimentary hotel pen