BLAW 8 28 13 Midterm concluded two weeks before test review class 50 questions MIDTERM OCT 23rd same room 5 45 8 30 multiple choice t f FINAL DEC 18th review on Dec 4th No class Dec 11th not cumulative NY Supreme Court Court of Appeal District Courts Bankruptcy courts Common Law English law Except Louisiana doesn t have common law NY Court Systems NOT Getting Quizzed On Statures passed by congress Case Law then fed law State can t pass laws that restricts the federal gov minimum wage can t be less Federal Law always top the state laws TORTS a civil wrong A wrong that injures a person or property can a sue b YES you can always sue someone Negligent tort didn t mean too Intentional tort meant too Something can be an intentional tort and a crime Damages Compensatory you will be compensated Punited damages designed to punish people cigarettes Liquidated Damages the parties agree what the damages will be if one of the Burden of Proof fair preponderance more of evidence must prove to prevail parties breechs the contract Breech of Contract Each party can request a jury Venue where you sue Must have some connection to the state what is involved and the place you want to sue got hurt in florida by a man from Hawaii can sue in NY FL Hawaii Criminal Law much higher burden of proof must prove something past the reasonable doubt Must be brought up by the government Any case will always go to federal court if it has a chance too Different burden of Proof different results Higher in criminal case Beyond the reasonable doubt Civil Law fair preponderance of the evidence Defamation say something untrue about someone else Libel a written untrue statement Slander speak an untrue statement about someone Defenses Opinion and Employment Law Employee at will employee can be fired for any reason Exceptions can t be fired for race religion national origin sex color of their skin age Statue of Limitations governs how long you have to sue someone Negligence Case 3 years to sue car accident Breech of Contract 6 Years No statue of limitations for murder Family Law divorce child support Never get a Jury not intittled everything is decided by the judge If you can not afford a lawyer they will get you one since it is a right Can be charged in family court and in criminal court abusing a child Crimes involving kids under 16 Except for murder as young as 14 may be charged as an adult plaintiff brings up the lawsuit defendant sued in a lawsuit 9 11 13 Chapter 13 pg 285 Contract a voluntary agreement that is binding upon the parties Offeror the person who makes the offer master Offeree the person who the offer is made too Can be written or oral Express Contracts 95 the parties have agreed to all the specific terms May be Oral or written Implied Contracts based on the behavior of the parties to see if there is an agreement Executed Contracts where all of the acts of the contract have been done Everything required has been completed Executory Contract all of the things required by the contracts have not been completed One party still has to fulfill the contract Unilateral Contract the offeror is seeking performance from the offeree I will do this if you do this Promise for an act Wants the offeree to do something first I will give you 1000 if you bring back my dog Used to be able to revoke until the performance was completed Now you must give someone a reasonable amount of time to perform first Bilateral Contract majority of contracts the offeror is looking for a promise from the offeree Promise for a Promise 90 of contracts are Bilateral Ex I will sell you my bike in exchange for your promise to pay me 200 Quasi Contract the parties have not reached an agreement designed to end up with a fair result Implied by the law Trying to avoid unjust enrichment Someone has to get something that they aren t entitled too There is no promise the court acts to prevent an injustice Subject to state and federal law Must be legal Cannot violate any pre existing laws 1 Offer first step reflects a parties present intention to enter into a contract Must be CONTRACTS reasonable The offeror must communicate the offer to the offeree Only someone that the offer is extended to can accept it The offeror is the master of the offer They can set all the terms You can only accept an offer that you are aware of Ending the Offer If the offeree rejects the offer that offer is ended A counter offer ends the offer Must offer something else then you can no anytime one of the members of the party changes the terms it ends the offer longer accept the previous offer Death terminates the offer Offeror can end it with their words Lapse of time terminates an offer An offer stops being valid if not accepted after a reasonable amount of time no certain time If something becomes illegal after you have made an offer that voids the offer Option Contract Pay now for the right to do something at a later date Breeched the Contract violated the contract within the time period Damages happen when someone breeches a contract Revoked can be revoked at anytime until it is accepted by words or conduct Valid Contract a valid contract can be enforced by either party Void Contract Cannot be enforced by either party Voidable Contract one of the parties has the right to get out of the contract if they want to Can go to court to determine if someone can enter into a contract Price Quotation just money no particular terms Any agreement that isn t binding to the offeror is an agreement Illusory Promises Not an offer or contract looks like the offeror has agreed to do something that they haven t done Not bound to do anything Will Not a contract There is not two parties Bankruptcy If people go bankrupt it can interrupt a contract When people go bankrupt the court cannot touch your retirement account If you have children and owe a spouse child support you can not get out of paying Contract for term contract for a fixed period of time 9 18 13 Contracts terms of the offer 2 Acceptance definite unconditional expression of intent by an offoree to except the An offer can only be accepted by someone it was offered too Can be accepted by words or actions Silence is not an acceptance They must verbally physically writing accept it Manor of acceptance the way in which you accept an offer The offeror can set specific conditions Mailbox Rule only works to the benefit of the offeree As soon as you accept the offer in writing and put it in the mailbox it is accepted Designed to benefit the