CONTRACTS
This is the manifestation of willingness to enter into a bargain that justifies another person in believing assent will conclude the deal.
What is an offer?
This crime consists of the unlawful taking and carrying away of another's personal property with the intent to permanently deprive.
What is larceny?
What article does this constitutional requirement fall under which limits federal courts to deciding actual "cases" and "controversies."
What is Article III/Case or Controversy Requirement?
A lawyer misses a filing deadline because they were binge-watching a new TV show instead of working. The client loses their claim. The lawyer violated this basic duty.
What is diligence? (Model Rule 1.3)
Name that type of business organization: The business is its own legal entity and is liable (not the members) and has flow-through taxation.
Hint: The acronym contains 3 letters
What is a Limited Liability Company (LLC)?
Under the UCC, this rule allows additional terms in an acceptance between merchants to become part of the contract unless an exception applies.
What is the Battle of the Forms (UCC ยง 2-207)?
This defense justifies the use of reasonable force to protect oneself from an imminent unlawful attack.
What is self-defense?
Before a federal court hears a case, a plaintiff must demonstrate this requirement by showing an injury in fact, causation, and redressability.
What is standing?
A lawyer receives confidential information from a potential client during a consultation but never gets hired. The lawyer may still owe duties because of this rule.
What are duties to prospective clients? (Model Rule 1.18)
Name that document: It contains the revenues, expenses, and net income of the business.
What is an Income Statement?
A party who clearly communicates before performance is due that they will not perform has committed this type of breach.
What is anticipatory repudiation?
Criminal liability generally requires that this relationship exist between the defendant's conduct and the prohibited result.
What is causation?
Laws classifying people based on gender are generally reviewed under this level of scrutiny.
What is intermediate scrutiny?
A lawyer copies a paragraph from another lawyer's brief and submits it as their own without attribution. This conduct may violate this rule.
What is fairness to opposing counsel and parties? (Model Rule 3.4)
Name that document: It governs the relations between the partners and the business. It can be written, oral, or implied.
What is a Partnership Agreement?
This equitable remedy compels a party to perform contractual obligations rather than simply pay damages.
What is specific performance?
Solicitation, conspiracy, and attempt are collectively known by this term because they punish conduct before the completed offense.
What are inchoate offenses?
This constitutional doctrine prohibits the government from depriving a person of life, liberty, or property without adequate procedures.
What is procedural due process?
A lawyer and client agree that the lawyer will receive 30% of a personal injury settlement. This type of fee arrangement is called this.
What is a contingent fee? (Model Rule 1.5(c))
Name that Duty: A partner has the duty not to steal or appropriate from the partnership, compete with the partnership before its dissolution, or make a deal with the partnership on behalf of a party that has an adverse interest in the partnership
What is the Duty of Loyalty?
This measure of damages places the nonbreaching party in the position they would have occupied had the contract been fully performed.
What are expectation damages?
This doctrine may relieve a defendant of liability when an unforeseeable intervening event breaks the chain of legal causation.
What is a superseding (intervening) cause?
Congress cannot pass a law requiring state executive officials to administer a federal regulatory program because of this constitutional principle.
What is the anti-commandeering doctrine?
Two clients want the same lawyer to negotiate a business deal. The lawyer may represent both only if the lawyer reasonably believes they can represent both clients and obtains this.
What is informed consent, confirmed in writing? (Model Rule 1.7(b))
Name that order: It acts as a lien on the judgment debtor's transferable interest in the partnership in order to satisfy the judgment debtor's judgment.
What is a charging order?