Class Notes

In: Other Topics

Submitted By divel80
Words 537
Pages 3

Must have at least 2 sources for team and individual papers

Team reflection no references

Current event

Criminal case burden of proof reasonable doubt 90%

Civil case burden of proof 50%

The judge determines the law

The jury determines the facts

Semi 191145 automatic

Stages civil phases Pleasing phase Recovery and disclosure phase Pre trial phase Trial about 20% never go thru trial Post trial phase Appeal 3-5 % cases go into appeal

18 months in a civil case
6 months in a criminal case


Contract- an agreement between 2 or more entities to do or not to do something with consideration for which the law provides a remedy (enforceability).

Reason we have contract law is so that we have business. Without a contract you can only have bargain (exchange).

There are 5 elements in the contact:
1. offer-a manifestation of willingness to enter into a legally enforceable contract
2. acceptance- a meeting of the minds and the mirror image rule
3. consideration- anything of value (money, airplane ticket)
4. capacity- adjudication of incompetency and minority(a judge has to grant incapacity)
5. legal subject matter

If missing one of these elements you have a quasi contract: we will still enforce the contract even if one of these elements is missing. Promissory estoppel- when there’s some potential of one of these issue (reasonable believe that there was a meaning of the mind)

Contract in writting
4 corners rule
Parole evidence

Even thought the document says you cannot go outside 4 corners there are 4 examples where it can be
1. omitted
2. ambiguous
3. misrepresentation
4. fraud

Purpose of the contract is a preventative tool. If an issue occurs then you have proof to refer to…...

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