Contracts
What are the three elements of a contract?
Offer, acceptance, and consideration.
What's the lowest level of mens rea in the law?
Negligence
What is the highest court in the United States?
The Supreme Court of the United States (SCOTUS)
True/False: You are always subject to at least one legal duty?
True
What are the three types of legal philosophies?
Legal Positivism, Legal Realism, and Natural Law
What's the difference between common law and Uniform Commercial Code (UCC) contracts?
Common law contracts pertain to the selling of services, while UCC contracts pertain to the selling of goods.
What are the 4 levels (in order) of legal mens rea?
(1) Purpose, (2) knowledge, (3) recklessness, and (4) negligence.
What are the two types of legal jurisdiction?
Personal jurisdiction and subject-matter jurisdiction.
What are the 4 elements of a negligence tort?
(1) Duty, (2) breach of duty, (3) causation, and (4) damages.
What is Federalism?
The balancing of powers between separate state and federal governments, basis of U.S. governmental structure.
What was the elements of consideration and what does each require?
Legally-sufficient value: Each party must be giving up something they have a legal right to.
Bargained-for-exchange: Each party is giving something up in exchange for something else.
What are the two elements of recklessness?
(1) Defendant had an actual awareness of a substantial risk and (2) the defendant grossly disregarded that risk.
Explain one of the two instances when a Federal Court can hear a case?
1) Diversity Suits: Valuable suits ($75,000+) between citizens of two separate states.
2) Federal Question: Suits implicating questions of federal law (Congressional statutes, Constitutional provisions, etc.)
Special damages are damages that have a quantifiable dollar amount (ex. $17,394.50 in hospital bills).
General damages are damages that do not have a specific price (ex. $10,000 for pain and suffering).
When can the government place restrictions on the First Amendment?
What are the 3 legally recognized responses to an offer?
(1) Acceptance, (2) Rejection, and (3) Counteroffer.
What's the key difference between recklessness and negligence?
Recklessness requires that the defendant had an actual awareness of a substantial risk, while negligence requires that a reasonable person would've been aware of a substantial risk.
What's the difference between a motion to dismiss and summary judgement?
Motion to dismiss takes place prior to discovery when, assuming everything the plaintiff says is true, there is no legal question. Summary Judgement takes place after the discovery phase if there is no issue of material fact, and therefore no reason to go to trial.
What is the difference between actual and proximate cause?
Actual Causation: But for the defendant's actions, the injury would not have occurred. (A caused event B)
Proximate Causation: It was reasonably foreseeable that defendant’s action would lead to injury.
Which article of the Constitution discusses the powers and limitations of the Judiciary?
Article 3
Josh Hart and Jalen Brunson are playing basketball together. Josh says to Jalen, “I’ll give you $500 if you can hit a full-court shot.” Jalen releases a beautiful full-court shot that looks like it’s going to go in. Fearing that the shot will go in, Josh yells “I REVOKE! I REVOKE!” while the ball is still in the air. The shot goes in and Jalen requests his $500 from Josh. Did Josh and Jalen have consideration sufficient to support a contract? Why or why not?
Yes, Josh and Jalen did have sufficient consideration. Consideration requires (1) legally recognized value and (2) bargained for exchange. Josh had the legal right to give up $500, and Jalen had the legal right to shoot the basketball. Additionally, the basketball was shot in exchange for $500, and the $500 was given up in exchange for the shot (this-for-that consideration). Therefore, Jalen and Josh have sufficient consideration to form a contract.
Josh Hart breaks both his hands playing basketball. Aware that he does not have full control of his hands, Josh still decides to drive home. While driving home, Josh loses control of the wheel and strikes T.J. McConnell, a pedestrian walking on the sidewalk. A New York law states: “It shall be a crime to knowingly strike a pedestrian with a motor vehicle”. Can Josh Hart be charged under this statute? Why or why not?
No, the statute’s mens rea requires knowledge, which requires substantial certainty of a certain result. Josh was merely aware of a substantial risk that he disregarded, making him reckless, not knowledgeable.
What is the order of proceedings in a criminal trial?
1) Charging/Indictment
2) Discovery
3) Plea Bargaining
4) Trial
5) Sentencing
6) Appeal
Daniel Jones is warming up for a football game. During warmups, he throws an errant pass which hits an upright, bounces into the stands, and hits a fan causing him to drop his drink. Another fan then walks by who slips on the spilled drink. That fan hits his head on the bleachers, killing him. Does Daniel Jones meet the standard for ACTUAL causation in the fan’s death? Why or why not?
Yes, Daniel Jones did ACTUALY cause the death of the fan. Actual causation requires that but-for the defendants actions, damages would not have occurred. If Daniel Jones hadn’t of thrown the errant pass, the fan wouldn’t have died. While he may not be the PROXIMATE cause of the fans death, Daniel Jones still reaches the standard for actual causation.
What is the state-action doctrine and which Amendment does it not apply to?
The U.S. Constitution only applies to the government (excluding the 13th Amendment).