JD Next Final Exam Questions & Answers: Contract Law, Exams of Javascript programming

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JD Next Final Exam Questions & Answers

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Facts - ANSWERwhat happened- story telling and legally dispositive *who is suing who and for what action *who is plaintiff and who is defendant *procedural posture: summary of what happened at lower courts Issue - ANSWERWhat problem is before the court? *Can have multiple problems *1 sentence per problem *why is it important *may be direct or indirect Rules - ANSWERWhat did the court apply? *legal test state or court uses *are there any exceptions? *explain why rule was used *legal argument: statute governing process *policy argument: good for public/ beneficial or a good idea Anaysis - ANSWERHow did the court apply the rule and why did the court use the rule the way it did? *bulk of brief, focus area *What were plaintiff & defendants best argument *explain court's reasoning Conclusion - ANSWERWhat is the holding? *who wins? *single sentence per issue; include specifics

*add thoughts and opinions here *include final court opinions Contract - ANSWERa binding agreement between two or more persons that is enforceable by law

2. The promisor should have reasonably expected that the promisee would rely on the promise
3. The promisee actually relied on the promise and engaged in an action or forbearance of a right of a definite and substantial nature
4. Injustice would be caused if the promise were not enforced implied promises - ANSWERnot specifically stated or written but capable of being inferred by actions also counts as bargained-for-exchange and therefore, consideration Demurrer - ANSWERA motion to dismiss a case because the claim is legally insufficient. written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit Parol Evidence - ANSWERany oral or written words outside the four corners of a written contract inadmissible in court due to not being part of the contract Intent to Contract - ANSWERA party's intent to contract is deemed to be what a reasonable person in the position of the other party would think that the first party's objective manifestation of intent meant. does NOT look at the subjective intent of the parties (outward intent v. inward intent) Objective Theory of Assent - ANSWER"we must look to the outward expression of a person as manifesting his intention rather than his secret and unexpressed intention" Test of Binding Obligation through Public Ads - ANSWER"Whether the facts show that some performance was promised in positive terms in return for something requested"

Unilateral Offer - ANSWER-One way promise -can be accepted only by the performance of a particular act -rewards for finding lost pets or items Contract Enforcements - ANSWERMay include damage compensation for breach of contract, and sometimes, specific performance assumpsit - ANSWERAn action to recover damages for breach of contract Consideration - ANSWERsomething of legal value given in exchange for a promise bargained for exchange - ANSWERthere is an exchange of promise and something of value where both parties gain a reward and receive a detriment Test for Legal Value of Consideration - ANSWERpromisee suffers legal detriment or promisor receives legal benefit Gratuitous promises - ANSWERUnenforceable due to lack of consideration Promise freely given and not induced by promise of some benefit Free Market Principle - ANSWERparties are free to create contracts and place differing value on or of a contract Adequacy of Consideration - ANSWERThe fairness of the bargain. -Consideration comparable in value to that which the other party to the contract is giving. -Courts typically will not consider adequacy unless voluntary consent may be lacking (fraud, duress, over-reaching, undue influence, or mistake) Estoppel - ANSWERA legal principle that bars a party from going back on his or her word

Promisory Estoppel - ANSWERan equitable doctrine that prevents the promisor from revoking the promise when the promise justifiably acts in reliance upon the promise to his detriment an exception to consideration Elements of Promissory Estoppel - ANSWER1) The promisor made a promise Illusory Promise - ANSWERAn offer that can be withdrawn or revoked prior to acceptance by the offeree at any time by the offeror NOT enforceable Promise that imposes no obligation on the promisor offer - ANSWERpart of contract negotiations where a party agrees to do or not do something in exchange for consideration must be firm, not ambiguous, or vague Consensus ad idem - ANSWER"Meeting of the minds" a clear understanding between the parties of the terms of the contract and the willingness to abide by them Mistake Rule - ANSWERthere must be consensus ad idem to have a binding contract. parties must be talking about the same thing on all fronts Legally dispositive facts - ANSWERa fact that, if proven with necessary certainty, resolves a legal dispute on its own