CONTRACTS
This is generally required for a contract to be enforceable, along with offer and acceptance.
What is consideration?
This is the physical act required for criminal liability.
What is the actus reus?
This amendment protects freedom of speech.
What is the First Amendment?
Your lawyer posts on Instagram: "Just won a huge settlement for my favorite client today! 🎉" The client never agreed to the post. The lawyer likely violated this ethical duty.
What is the duty of confidentiality? (Model Rule 1.6)
Name that type of business organization: It consists of 2 or more partners?
What is a Partnership?
Under this doctrine, a promise may be enforced even without consideration if the promisee reasonably relied on it.
What is promissory estoppel?
This Latin phrase refers to the required guilty mental state.
What is mens rea?
Under this doctrine, federal law overrides conflicting state law.
What is the Supremacy Clause (federal preemption)?
Your lawyer is representing you in a divorce while secretly dating your spouse. This ethics issue immediately comes to mind
What is a conflict of interest? (Model Rule 1.7 — Current Client Conflicts
This is a document that contains the assets, liabilities, and the owner's/shareholder's equity.
What is a Balance Sheet?
This common law rule generally requires acceptance to mirror the terms of the offer exactly.
What is the mirror image rule?
This homicide offense requires adequate provocation that would cause a reasonable person to lose self-control.
What is voluntary manslaughter?
This level of scrutiny applies to laws based on race or national origin.
What is strict scrutiny?
During trial, your client whispers, "Everything I just told the jury was a lie." Your ethical duty to this institution may require you to fix the problem.
What is candor toward the tribunal? (Model Rule 3.3)
When there is a fiduciary duty, mutual consent, and control, what type of relationship is created?
What is an Agency Relationship?
Name that rule: An acceptance is generally effective when it is dispatched, not when it is received.
What is the mailbox rule?
Under this doctrine, all participants in certain dangerous felonies may be liable for a death occurring during the felony.
What is the felony murder rule?
Under this doctrine, federal courts decline to decide cases lacking a genuine controversy because the dispute is no longer live.
What is mootness?
A client gives you a $50,000 settlement check to hold until medical bills are paid. You use it to buy Rod Wave concert tickets, planning to replace it next week. You've violated this rule.
What is the duty to safeguard client property? (Model Rule 1.15)
Name the three types of principal relationships between third parties, agents, and principals.
Name the rule that is being applied: A buyer agrees to purchase goods for $750. The parties never sign a writing. The seller refuses to deliver. The buyer sues. The seller raises the Statute of Frauds.
What is the UCC Statute of Frauds, requiring a writing for the sale of goods priced at $500 or more?
This test for insanity asks whether, because of mental disease or defect, the defendant lacked substantial capacity either to appreciate the criminality of conduct or to conform conduct to the law.
What is the Model Penal Code insanity test?
This constitutional test determines whether Congress may regulate an activity under the Commerce Clause by examining whether the activity substantially affects interstate commerce.
What is the substantial effects test?
You advertise: "I've never lost a case!" even though you definitely have. Your commercial likely violates this rule governing lawyer communications.
What are false or misleading statements in lawyer advertising? (Model Rule 7.1)
The employer is liable for torts that result in physical injury committed by the employee within the scope of the employment.
Hint: A tort liability rule
What is Respondent Superior?