Contracts
What are the elements of a contract?
Offer
Acceptance
Consideration
What is a tort?
A civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.
What is subject matter jurisdiction?
The authority of a court to adjudicate a particular type of suit.
What is crime?
Crime is what the legislature says it is.
What is a legal tradition?
A set of deeply rooted, historically conditioned attitudes about the nature of law, about the role of law in the society and polity, about the proper organization and operation of a legal system, and about the way law is or should be made, applied, studied, perfected, and taught.
What are the three main types of contracts?
Bilateral
Unilateral
Reverse Unilateral
Name 1 of 7 Intentional Torts, earn additional points for each additional tort mentioned.
Battery, Assault, False Imprisonment, IIED, Trespass to Land, Trespass to Chattels, Conversion.
What is complete diversity?
Diversity between both sides to the lawsuit so that all plaintiffs have different citizenship from all defendants.
Explain the willful blindness instruction.
This instruction gives juries in appropriate cases is also called an “ostrich instruction.” A deliberate effort to avoid guilty knowledge is all the guilty knowledge the law requires.
What is a custom?
A practice repeated for a long time, generally accepted as having the force of law.
What case establishes intent within a contract? Bonus Points if you can name the theory.
Lucy v. Zehmer
What is a floodgates issue?
Restraint that prevents release of a usually desirable result i.e., creates opportunity for countless suits of a similar nature to be brought forth
What is the amount in controversy, (required under 28 USC 1332)?
$75,000.01
Explain actus reus and mens rea.
Actus Reus: A term of art meaning the physical or external part of the crime.
Mens Rea: The state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime.
What is the meaning of interpretation cessat in claris?
Interpretation ends with clarity
What are the elements of an offer? (Bonus points if you can name both elements that are not always necessary)
Promise
Price
Quality
Quantity
*Duration
*Terms of Payment
What is one of the five defenses for intentional torts? (Additional points for each additional defense named)
Consent, Necessity, Self-Defense, Defense of Third Parties, True Privileges
What is declaratory judgement used for?
Used to obtain early juridical determination of rights. Typically filed by a would-be defendant ahead of a lawsuit
If a statute can be reasonably be interpreted favorably to the government and equally reasonably be interpreted favorably to the defendant, it should be read in the light more favorable to the defendant.
What is the doctrine of stare decisis? (The meaning of stare decisis)
Let the decision stand...
What case established the acceptance rule? Bonus Points: what is that rule?
Leonard v. PepsiCo -- You cannot accept an offer you do not know about.
What are the elements of negligence? (Common or Louisiana)
Common: Duty, Breach, Causation, Injury
Louisiana: Cause in Fact, Duty, Scope of the Duty, Breach, Damages/Injury
What is the rule established by International Shoe Co. v. Washington?
For personal jdx., a defendant must have certain minimum contacts with the forum state such that maintenance of suit does not offend traditional notions of fair play and substantial justice.
What is the principle of legality?
Nullum Crimen Sine Lege, Nulla Poena Sine Lege
“No crime without law, no punishment without law.”
What is the meaning of ratio decindi?
Ruling or underlying principle of a decision, portions of a case that set forth the rules, facts that prompted the decision as well as the rule used, outcome of the case along with the facts of the case.