1 Acceptance i The unconditional promise by a party to be bound by the terms of an offer ii Counter offer change in proposal by offeree 1 Made with intent to contract 2 Communicated by offeree 3 Be unconditional iii Valid only when it is communicated to the offeror iv Generally offer will dictate a medium manner and time by v which there offer must be accepted If nothing is Specified how offer is accepted then it is accepted in the same manner it was offered 1 Mailbox rule Acceptance on dispatch and revocation on receipt 2 Acceptance by phone fax is governed by same rule as when parties are face to face 2 Actus Reus Must prove the defendant committed crime 3 Administrative Agencies a A governmental body charged with administering and implementing particular legislation administrative agencies have legislative executive and judicial powers 4 Administrative Law When a governmental body charged with administering and implementing obligation a IRS Taxes EPA 5 Alimony a The obligation of a person to provide periodic payments of support to a spouse or former spouse 6 Annulment a Occurs when there is a legal impediment to a marriage so that the union is null and void from its inception 7 Bill of Rights Sole Purpose to give people rights a Drafted by James Madison b Stolen from English Law 8 Capacity a A requirement of a valid contract in which the party is of proper age or sound mind b Ability to Legally enter a contract child mentally ill intoxicated 9 Child Support a The sum of money awarded to the custodial parent or caregiver for the support of a child for such things as food shelter and medical expenses 10 Commerce Clause a The part of the Constitution that gives Congress the power to regulate commerce and trade between states i Found in Article 1 11 Compensatory Damages a A sum of money that will return an aggrieved party to the status quo as though nothing ever happened 12 Consideration a Both sides must give up something and receive something in return for their promise i Quid pro quo ii What are you giving up and receiving is must have legal iii There are times when consideration seems present but value really is NOT 1 Illusory Promise 2 Moral Obligation 3 Past Consideration b Must appear both parties intend to incur legal rights liabilities c Bargain for exchange must have legal value i Illusionary Promise Act performance is left solely to discretion at one party a promise to buy as many tickets as I want ii Moral Obligation Giving money out of Love and affection iii Past Consideration will not support future promise 13 Constitutional Law Federal State a Originally governed by Articles of Confederation b Constitution created strong central government whose purpose was to serve the people c Constitution establishes fundamental rights directed to government i Preamble Constitution Created federal government 1 Legislative 2 Executive 3 Judicial ii Doctrine of separation of powers 1 Full Faith and credit every state remain independent 2 Amendment process so constitution could change 3 Supreme Law of Land 4 Effective Date 14 Constitutional Relativity a The concept that the Constitution was intentionally written in broad and vague terms to ensure that the constitution could adapt to changing times b Written in broad language so judges can interpret it with changing time 15 Contract a The exchange of promises voluntarily made by those whose agreement is enforceable in court the five essential elements of a contract are offer acceptance consideration capacity and legality b A Legal relationship between people by their own agreements i Enforcement of promises voluntary mode c A Contract requires the parties to have a meeting concerning the material elements of a transaction 16 Crime a A violation of those duties which an individual owes to the community and for breach of which the law requires that the offender make satisfaction to the public an offense against society or the state that violates a penal law and carries a possible punishment of imprisonment b Offense against society i Crimes are established by legislature ii Crimes are based on Penalty 17 Criminal Law a Imposes penalties for wrongs against society 18 Damages 19 Divorce a Money awarded to an injured person as the result of the wrongful o improper conduct of another or by breach of contract a The legal dissolution of a marriage 20 Domestic Partnership a A relationship in which an unwed couple including those of the same sex can acquire legal rights and protections by a contract to the other s assets 21 Duty of Care a Establishes the type of behavior a person must exhibit in a given situation the basic rule is that a person must confirm to the standards of care of a reasonable person under the circumstances 22 Family Law a Those rights duties and obligations involving marriage the family a civil union domestic partnership divorce and other family related issues 23 Felony More than one year in jail a Murder b Arson c Bribe 24 Intangible Property 25 Intentional Tort 26 Legality a Property that is not a physical object e g a patent or trademark a When a wrongdoer purposely sets out to harm another a The requirement of a valid contract in which the purpose and subject matter of the agreement must be legal b A contract is illegal if its performance is criminal tortious or against public policy i Contract to purchase drugs In most states this is the contract between a man and a woman to marry for life 27 Marriage a 28 Mens Rea a The Necessary state of mind that perpetrator must have to be found guilty of committing a particular crime criminal intent b Criminal intent 29 Misdemeanor Less than 1 year in jail a Battery b Destruction of Property 30 Negligence a The failure to do what a reasonable person would do under the circumstances three elements of negligence are i ii iii iv The duty Breach of duty The negligence must be the proximate cause of the harm The person sustains damages 31 Offer a A proposal by one party to the other showing a willingness to enter a valid contract i Proposal by one party offeror to the other offer manifesting a willingness to enter valid contract 1 Definite proposal Subject matter Quantity Price 2 Made with intent to construct Objective test 3 Communicative to party whom offer is intended ii Advertisement at a stated price is an invitation to negotiate 32 Palimony a The support and provisions given to assets of a non married parties assets based upon a contract entered into by the parties before