CHAPTER 1 Citation tells reader how to locate the case book volume page state year Action what kind of case is it Facts what happened Issue question to decide Opinion of the court justification Precedent process where judges apply the decision and rules of prior cases Primary source written law itself Secondary sources writings on the law Case law the written decision issued by judges Statuary law statements of the law passed by the legislative body of given jurisdiction CHAPTER 2 Private law matter between individuals Public law public law involves the rights of society which are represented by the government Crime offense against society established by legislature Treason waging war against the country or aiding the enemy Felony more than 1 year in jail Misdemeanor less than 1 year in jail Summary offence fine Actus Reus must prove defendant committed the crime Mens rea criminal intent Constitutional relativity legal document will maintain its strength Fourth amendment the right for people to be secured in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause 7 Articles and 27 Amendments Administrative agency governmental body charged with administrating and implementing particular legislation Enabling act congressional action Federal register daily publication allows the agency to investigate alleged violation of act Substantial evidence finding will not change the appeal if it is supported by relevant evidence that a reasonable mind might accept as adequate to support conclusion Contract exchange of promises voluntarily made by the parties which agreement is enforceable in court 5 elements an offer acceptance consideration capacity and legality Negligence one fails to act as a reasonable person under circumstances Tort is a private or civil wrong against an individual for which the court will award money damages Intentional tort wrongdoer purposely sets out to harm another Punitive damages punish wrongdoer for his actions Property law deals with rights and dutis that arise from the ownership and possession of personal property Real property land and everything on the land Personal property all the other property everything not attached to the land Tangible property physical object Intangible property not a physical object Fixture an item of personal property which by any reason of its being attached to a building becomes part of real estate Annulment when there is a legal impediment to a marriage so that the union is declared null and void from its inception CHAPTER 3 Uniform Commercial Code regulates the sale of goods and certain other commercial transaction Unilateral contract one party makes a promise in exchange for an act Bilateral contract the parties exchange mutual promises to do some future act Express contract one in which the parties spell out the specifics of their agreement in direct terms may be verbal informal and brief Implied in fact inferred by the conduct of the parties in view of the surrounding circumstances Implied in law arises in order to prevent unjust enrichment Valid contract satisfies all the requirements of a binding and enforceable agreement either party may seek court intervention to uphold the terms of the bargain Voidable contract party can withdraw without being liable Unenforceable satisfies technical requirements of a valid contract but will not be enforced by the court Postal reorganization act unfair trade practices to send unsolicited products to customer in mail products in that case is considered a gift Auction with reserve inviting people to make offers Auction without reserve provide a different result with the highest bidder obtaining the product regardless of the bid Moral obligation insufficient consideration to support the contract Past consideration will not support a future promise since no consideration exist Statue of frauds certain types of contracts must be in writing and signed by the individual against whom enforcement is sough CHAPTER 4 Attractive nuisance doctrine created for safeguard of youngsters who trespass on the land that contains dangerous conditions Licensee a person who has permission to be on the others land social guest Business visitor one who enters land on business purpose Damages amount of money awarded to the injured person as the result of wrongful conduct of defendant Contributory negligence failure of a plaintiff to act as a reasonable person under circumstances Comparative negligence as long as plaintiff negligence is not greater than that of the defendant the plaintiff may recover damages but verdict will be reduced to percentage of plaintiffs negligence Battery is the international touching of the body of another or an object closely associated with the body in an offensive or harmful manner Defamatory if it false and tends to harm the reputation of another or to lower him in the estimation of the community CHAPTER 5 Conveyancing processing and transferring of title between the owner of real estate ad the buyer Sole ownership one person enjoys the bundle of rights and liability that accompany property Concurrent or joint ownership title of property is shared by two people Joint tendency gives the co owners equal rights to the property Tendency by the entirety one cannot make a decision without another owner Encumbrance right or interest that someone has in another s real property Easement granting of the right to use a part of the land by an entity does not own the land Tangible personal property physical object Intangible object gives owner a right rather than physical object of independence value Real property consists of land and everything attached to the land Fee simple absolute fee land ownership descends from the feudal system Zoning local government often with input from the citizens created codes which specified areas for development as residential commercial and industrial areas