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LEGL 2700 Roessing Final Exam With Complete Solutions Latest Update
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LEGL 2700 Roessing Final Exam With Complete Solutions Latest Update...
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LEGL 2700 Roessing Final Exam With CompleteSolutions Latest Update
Between merchants - ANSWER Means both parties to a contract do business in the
goods being bought and sold
Mirror image rule - ANSWER The common law rule that the terms of an acceptance offer
must be precisely the same as the terms of the offer
Gottlieb & Co Inc v Alps South Corporation - ANSWER -The court held the term was part
of the contract even though it appeared on only one form and was not the subject of
specific negotiations between the parties
-one failure to read the forms was irrelevant, according to the court this is generally true
as a general rule of contract law,
-if one foresaw the likelihood of certain outcomes like consequential damages from
customer complaints it should have addressed it with the other.
One company that provided material to another started using different material and
changed contract saying that they now had limited liability.
Postbox rule - ANSWER The rule that an acceptance is effective once it is posted
Consideration - ANSWER A necessary element in the formation of a contract obligation
which constitutes a detriment to the promisee or a benefit to the promisor
Accord and Satisfaction - ANSWER The payment of money, or other thing of value,
usually less than the amount demanded, in consideration of the cancellation of a debt
which is uncertain in amount.
Judgement - ANSWER The Judge's decision
,Appellant - ANSWER The party appealing
Appellee - ANSWER The party that won in the trial court
Petitioner - ANSWER The party filing the petition for certiorari
Respondent - ANSWER The party that is not the party that filed the petition for certiorari
instead the other party
Qualcomm V. Broadcom - ANSWER Because Qualcomm failed to deliver the necessary
documents in discovery Broadcomm prevailed
Res Judicata - ANSWER The thing has been decided
Uber V. Waymo - ANSWER Sued for data breech-for an ex employee stealing
information, drivers attacking customer-are they employees or independent contractors
Pena-Rodriguez V. Colorado - ANSWER Decided that he was guilty
Had a jury talk about how he was in law enforcement and that Hispanics can't seem to
keep their hands to himself
Might've persuaded the other juries
Municipal Court - ANSWER - Handles ordinance laws (Traffic Laws)
- civil state court
Probate Court - ANSWER - Handles wills and estate
,- civil state court
Magistrate Court - ANSWER - Handles Small Claims
- civil state court
Juvenile Courts - ANSWER - Handle cases concerning children
- criminal court with different procedure and records sealed
- more chance for rehabilitation
- state court
What does federal courts include? - ANSWER - includes circuit and district (original
trial)
- ex. tax court, bankruptcy, international trade, military
What does state courts include? - ANSWER - supreme court
- court of appeals
- superior (original trial)
What does appeals court do? - ANSWER - It can affirm the trial court judge
- can reverse the decision
- remand (send back to lower court with instructions)
, How many circuit courts in the US? - ANSWER 13
Trump International Luxury Hotel - ANSWER what happens with foreign diplomats to DC
worried about foriegn money going to the president to persuade him
Emoilments Clause— president cant accept foreign money— does the revenue from the
people staying violate the clause
Batson V. Kentucky (1986) - ANSWER Supreme Court outlawed using peremptory
strikes for racial prejudice
Foster V. Chatman, 2015-QUESTION-originated 1987 in Georgia-young black man
accused of sexually assaulting and killing an old white woman-foster is sentenced to
death by an all white jury-Recently hired lawyers in order to revisit case and they found
that the original notes of the lawyer and the supreme court said that it was a batson
violation but they don't have to give him a retrial
Direction Examination - ANSWER Plantiff Lawyer examines the plaintiff witness
Cross Examination - ANSWER Defense Lawyer examines plaintiff witness
Deliberation - ANSWER When the jury comes together to figure out a verdict
Entry of Judgment - ANSWER When the judge makes the final judgement
Article 1 Section 8: - ANSWER -Tax clause— they can tax things to decentavice things
and can encourage things
-Spending clause— they can use money to get whatever they want
-commerce clause— the congress can regulate trade and tax things to protect their
Wabash V. Illinois 1886 - ANSWER Congress can regulate interstate railroads
Gibbons V. Ogden 1824 - ANSWER Congress can regulate interstate waterways
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