Wanna Contract?
Defenses to Contract Formation
1. incapacity
2. mistake (mutual or unilateral)
3. Misrepresentation
4. Duress and Undue Influence
5. Illegality
6. Unconscionability
When is abandonment of a crime a defense?
only when it is mere preparation for the offense
Regulation of content of speech is subject to which standard?
AND
Content neutral regulation of conduct association with speech must meet what standard?
1. Strict Scrutiny
2. intermediate scrutiny: gov't must prove it is narrowly tailored to achieve an important governmental interest
Business Judgment Rule is applied in suits alleging violation of duty of care. Courts will not second guess decisions of a director so long as decisions are made: (name the three things that are part of the BJR test)
(1) made in good faith
(2) w/ ordinary care of a person in like circumstances
(3) reasonably believes in the best interest of the corporation
Contracts Triggering the Statute of Frauds
Marriage, Suretyship, One Year, UCC (sale of goods over $500), Real Estate
List of felonies in which if a murder happens, it becomes first degree
Burglary, Arson, Rape, Robbery, Kidnapping
State Sovereign Immunity 11th Amendment Exceptions
(1) consent (2) injunctive relief (3) individual damages (4) congressional authority
Josh, an attorney, before marrying Hana, drew up a pre-nup agreement and asked Hana to sign it. He said she did not need any other legal counsel to review it, since he was capable of doing it himself, and asked her to sign it right away as they were getting married in 2 days. Now, Hana is unhappy with the agreement and would like to have it held as invalid. What factors will be considered when deciding to enforce or not enforce the agreement?
Most states will enforce a premarital agreement as a valid contract if it is: (1) in writing and signed by both parties, (2) executed after full financial disclosure AND (3) voluntary
To determine whether it was voluntary cts consider the following: (1) presence of independent legal counsel, (2) length of time between agreement and marriage, (3) the sophistication of the parties AND (4) presence of other pressing reasons to proceed with wedding
What is the authority of an agent to bind the principal?
if agent is acting w/in his actual or apparent authority, or inherent agency power (apparent authority does not work if 3rd party knew the agent actually lacked the authority)
When does the Parol Evidence Rule apply and when does it not?
if the writing is an integration- complete or partial
not if any of the following exceptions exist:
(1) defenses (2) separate deals (3) condition precedents (4) ambiguity and interpretation
What are the exceptions to a search warrant
1. exigent circumstances 2. search incident to lawful arrest(limited to items w/in reach) 3. consent 4. automobiles 5. plain view 6. administrative searches 7. stop and frisk (ordinary feel)
Congress' power to tax and spend will be upheld if
OR
congress has the power to regulate the activity taxed
How might child custody be modified?
parent must show:
1. circumstances have substantially changed AND
2. modification would be in child's best interest
how is a partnership formed?
when 2 or more persons, associate as co-owners, to carry on a business for profit.
What do the courts look at for substantial performance if there is a K breach?
(1) am't of benefit received (2) adequacy of damages (3) extent of performance (4) hardship to breaching party (5) whether breach was willful or negligent
A defendant may be entitled to acquittal if, at the time of the crime the defendant was legally insane.
What are the 4 tests/ general rule for insanity
M'Naghten Rule- he did not know the nature and quality of unlawful act OR the wrongfulness of it
Irresistible Impulse Test- lacked capacity for self control and free choice, or to conform his conduct to the requirements of the law
MPC Test- did not have substantial capacity to appreciate the wrongfulness of the unlawful act or to conform his conduct to the requirements of law
Durham test- D is entitled to acquittal if the unlawful act would not have been committed but for the defendant's mental illness
What is the Dormant Commerce Clause
if congress hasn't acted in a particular area, states are free to, so long as it does not:
(1)discriminate (2) unduly burden (3) regulate wholly out of state activity
what is a quitclaim deed
provides the least amount of title protection. Grantor makes no warranties as to health of the title
What are three main causes of Dissolution
1. actions taken by partner (i quit)
2. operation of law
3. court order
What are the 3 Main Exceptions to Perfect Tender Rule
(1) the parties can contractually change the default rules to include discussion of substantial performance instead of perfect tender (2) installment contracts do NOT have to satisfy perfect tender- buyer can reject a specific installment delivery when there is a substantial impairment in the installment that cannot be cured (3) if the seller fails to tender perfect goods, the buyer MUST give the seller a chance to cure if: (a)time for performance has not yet expired (b)seller has reasonable grounds to believe that the buyer would accept a replacement for nonconformity
Megan was held in custody and subjected to interrogation after her Miranda rights were given to her. She remained quiet, but never invoked her right to counsel. After hours and hours of badgering lasting until late at night, and being told that her accomplice, Hannah had already made a statement incriminating her (which she had in fact not), Megan broke and gave the police information. is this statement admissible against the defendant for substantive or impeachment purposes? Why or Why not?
5th A protects against government compulsion of involuntary statements. We will look to the relevant factors of length of interrogation, time and location, police tactics (trickery, force) and the character of the person being interrogated.
It may be argued either way...
A husband and wife were both professors at a federal military academy. The husband made a speech criticizing United States foreign policy with respect to a foreign country and was dismissed from his teaching position soon thereafter. Six months later, he accepted new employment in another state. The wife then commenced suit in federal court, claiming that the academy violated her husband’s right to due process and his right of free speech when it fired him.
If the court dismisses the suit, which of the following presents the most likely ground for the dismissal?
The plaintiff’s lack of standing.
Megan executed her will and left all her personal property to her parents. Later on, as she made more money and acquired a Yacht, Megan wrote up a document, intending it to be added into her will that stated the Yacht and $200,000 would go to her good friend Hannah McMillan. It was in writing and signed by Megan in front of Carlon and RJ, who were very jealous. Upon her passing, at a ripe old age, Hannah seeks to enforce the document. Will she succeed?
Yes, this is a codicil and was executed with all formalities of a will
Piercing the Corporate Veil allows creditors to hold a shareholder personally liable for the debts of the court when... (4 things)
(1) SH dominated the corp to the extent that the corp may be considered SH's alter ego (2) SH failed to follow corp formalities (3) Corp was under-capitalized (4) fraud or illegality present