Quiz 3

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Quiz 3
2015-03-20 17:50:54

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  1. Separation of Powers
    Arrival I, II & III, Equal Ground, Horizontal Concept

    The doctrine that holds that the legislative, executive, and judicial branch of the government function independent of one another and that each branch serves as a check on the others. Equal ground horizontal concept
  2. Federalism
    Vertical concept

    A term used to describe the vertical aspect of the separation of powers. The coexistence of a federal government and the various state governments, with each having responsibilities and authorities that are distinct but overlap, is called federalism. Vertical concept.
  3. Supremacy Clause
    Vertical concept

    Article VI of the U.S. Constitution, which states that the institution, laws and treaties of the U.S. shall be the "supreme law of the land" and shall take precedence over conflicting state laws. Vertical concept.
  4. Preemption
    If the federal government acts on a law it is preemptive.

    A condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law.
  5. Contract Clause
    • Impairing the obligation of contracts between states.
    • Does not aptly to federal government.
  6. Overbreadth Doctrine
    Legislatures over reaches in rules or laws.
  7. Defamation
    The publication of anything injurious to the good name or reputation of another.

    • Libel- recovery of damages as a result of printed defamation in character.
    • Slander- recovery of damages as a result of oral/spoken defamation of character.
  8. Due Process
    The right to know the charges against you, who is suing you, when is the court date. Notice
  9. Equal Protection
    • Treated equally unless there is a sufficient justification for the unequal treatment.
    • Handicapped parking
    • Good credit/ bad credit

    • Minimum rational- good reason for the government's action
    • Strict scrutiny- compelling state interest, constitution fundamental right, or suspect right.
    • Quasi-strict scrutiny- any classification directed at gender.
  10. Real Property
    On Land or attached to land
  11. Personal Property
    Everything else (not land)
  12. Property
    The legal right to exclude others from resources that were originally acquired w/o force, theft, or fraud.

    Have the right to use the proper authority to keep others from your property
  13. Ownership
    Exchange for property
  14. Property is Absolute but not infinite
  15. Limited resources
    Under communism- shared evenly
  16. Private property
    Your property- the right to exclude others. Capitalism.
  17. Property generates prosperity
    Selling what's on your property, trees, flowers, water ect.
  18. Easement
    Right of passage to crossover land
  19. Negative Easment
    Adjoining land owner cannot do anything that would cause your land to cave in or collapse.
  20. Easement by necessity/ natural easement
    Landlocked landowners use common land/road to get to a main road.
  21. Ownership
    • Exchange resources- money for watch
    • The bank gets a mortgage you get the property
  22. Rule of first possession
    The person who first has possession
  23. Adverse Possession (5)
    • Open & notorious- have to be seen
    • Actual & exclusive- have to be there
    • Continuous- must stay on property
    • Wrongful possession- does not have permission
    • Prescribed period of time- number of years 10-20 yrs.
  24. Confusion
    • Ownership through confusion, the exact object that are mixed.
    • If done maliciously the person in the right wins, if done unintentionally split evenly.
    • If done in agreement with predetermined amounts each get amount put in.
  25. Gift
    Diner intends to make the gift by physical transfer to be done.
  26. Testamentary Gift
    Gift made through a will after death
  27. Fee simple
    The maximum bundle of rights, or estate, permitted by law.
  28. Express contract
    Agreement in words
  29. Implied-in-fact
    Actions, conduct of parties
  30. Enforceable contract
    Can be enforced in court, has the 5 elements
  31. Unenforceable contract
    Nonperforming party has a justifiable reason for noncompliance.
  32. Valid contract
    Is enforceable
  33. Void contract
    Lacks an element it is not enforceable
  34. Voidable contract
    Capable of being declared a nullity through otherwise valid.
  35. Bailment
    Property arrangement, mutual benefit for both parties
  36. Bailor
    For the sole benefit of the bailor.
  37. Bailee
    For the sole benefit of the bailee
  38. Eminent domain
    The government constitutional power to take someone's property for public use upon just compensation
  39. Contract
    • Must have all 5 elements
    • -offer
    • -acceptance
    • -consideration
    • -capacity
    • -lawful purpose
  40. Promise
    • Unilateral- 1 person promises to do something when something else is done.
    • Bilateral- I will pay for .... I get.... exchange of promises
  41. Life estate
    A property that grants land ownership of the lifetime of a specified person
  42. Leaseholder estate
    The property rights granted to tenants by a landowner.
  43. Joint tenancy
    When one person dies, the other person becomes sole owner (spouse)
  44. Tenancy in common
    Sibling dies, then passes to child. (not split among the other siblings)
  45. Deed
    Document and title that transfers ownership
  46. Executed contract
    Parties have performed their promise
  47. Executor contract
    Parties have not performed their agreement
  48. Offer
    • Offeror- person making the offer
    • Offeree- person given an offer
  49. Mirror image rule
    The acceptance must mirror the terms and conditions of the offer.
  50. Mailbox rule
    Acceptance is effective once it is sent. On your computer when "sent" is hit.
  51. Consideration
    The receipt of a legal benefit or the suffering of a legal detriment. You give me something if I do something
  52. Acceptance
    Contractual agreement to a contract. Silence is NOT acceptance.
  53. Capacity
    • Mental ability
    • -Minors
    • -Intoxication
    • -Mentally incompetent
  54. Parole evidence rule
    No evidence that contradict the written contract may be presented in court.
  55. Condition precedent
    Something must take place in the future before a party has a duty to preforms.
  56. Condition subsequent
    Excuses contract performance if some future event takes place
  57. Delivery
    The transfer of goods from seller to buyer
  58. Principal
    Person who gives agent authority
  59. Agent
    Given to act on behalf of the principal
  60. Sale of Interest of Land
    Land sales must be written
  61. Collateral promise to pay another's debt
    Must be in writting
  62. Cannot be performed within one year
    Must be in writing.
  63. Sale of goods of $500 or more
    Must be in writing
  64. Credit of beneficiaies
    I owe Susie, and Tom owes me, I have Tom to pay Susie
  65. Donee beneficiaries
    I'm making a gift to Tracy, Karen is going to provide the gift. If Karen does not provide the gift, Tracy does not sue me she sues Karen.
  66. Independent contractor
    Does not work exclusively for one person. Lawyer, doctors, plumbers, ect.
  67. Respondent superior
    Liability depends on if the agent was acting in the scope of employment
  68. Frolic
    Outside the scope of the agency employment. (wiling in the streets)
  69. Detour
    Slight deviation from assigned route
  70. Intentional tort
    Torts with the desire to bring about certain results
  71. Assault
    Immediate apprehension of injury lack of physical safety
  72. Battery
    Physical contact that is not consented to and is offensive
  73. Defamation
    • Slander- oral defamation
    • Libel- written defamation