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36 Cards in this Set
- Front
- Back
- 3rd side (hint)
Rhetoric
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Rhetoric is the study or art of using language effectively
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Bargain Principle
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The bargain principle is the central belief that an agreement to exchange one thing for another gives rise to mutual obligations.
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give rise to mutual obligations
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Commonplace
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A commonplace is an idea, story, or belief that is widely held.
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Mendicancy
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Mendicancy is the state of need to solicit money or food
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Gratuity
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A gratuity is a gift provided with no expectation of compensation.
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Laissez Faire
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Laissez Faire is the economic doctrine stating that the free market should be allowed to operate free of governmental interference.
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doctrine, free market
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Economics
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Economics is the study relating to, or based on the production, distribution, and consumption of goods and services
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goods and services
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Reliance Principle
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The reliance principle is the central belief that the parties within a contract are expected to depend upon each other as obliged.
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depend, as obliged
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Promissory Estoppel
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Promissory Estoppel is the theory of law that prevents one from asserting a cause, fact, or issue that belies a promise upon which someone else has relied.
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Estoppel in pais(pais is latin)
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Estoppel in pais is a situation in which, because of something which he or she has done or omitted to do, a party is denied the right to plead or prove an otherwise important fact, arising out of the acts and conduct of the party estopped
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situation, denied right, otherwise important
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Restitution Principle
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A Restitution Principle is the idea that one ought to pay for benefits unjustly retained.
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Objective Standard of Contract Interpretation
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The Objective standard of contract interpretation is the view that the creation of an agreement is based on the external actions of both parties through the lens of a reasonable person, not based on the subjective theory of the meeting of the minds.
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Unilinear
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Unilinear is following a single consistent path of development or progression.
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following, development
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Indigenous
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Indigenous is any idea or object which is innate, inherent, or inborn.
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Contract of Adhesion
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An agreement that is drafted unilaterally by the dominant party and then presented on a take it or leave it basis to the weaker party, (who has no real opportunity to bargain about its terms)
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Assunmpsit
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an assumpsit is a common law action for a breach or such promise of a breach of contract.
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action, such promise of
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Sua Sponte (latin)
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Sua sponte is the recognition without prompting or suggestion of fact of the court's own motions.
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recognition of court's own motions
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Principles
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Principles are comprehensive and fundamental laws, doctrines, or assumptions
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Doctrine
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A doctrine is a rule or principle of law that has been developed by the decisions of the courts
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Stare Decisis (latin)
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Stare Decisis is the doctrine of precedent, under which a latter court is bound by the earlier decisions of a court of equal or senior rank in the same judicial hierarchy
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Neoclassical Economic Model
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Neoclassical economic model is the economic theory most closely associated with the bargain principle, the assumption of which people act in their own self-interest, rationally, and with access to perfect information.
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own self interest, perfect information
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Equivocation
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Equivocation is the avoidance of clarity by the ambiguous words used in the contract, and “and/or” is a primary example of equivocation.
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Unjust Enrichment
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the retention of a benefit conferred by another, without offering compensation, in circumstances where compensation is reasonably expected.
(A claim for unjust enrichment requires that: the plaintiff show that he or she conferred a benefit on the defendant and that the defendant retained the benefit, the benefit was not was not a gift, and that the plaintiff was not acting officiously in conferring the benefit.) |
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Intestate
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An intestate is a person who has died without a valid will
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Officious
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Officious is the interference in the affairs of others without the justification under the circumstances
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circumstances
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Cohabitant
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A cohabitant is an individual who lives with another individual, residing in the same dwelling
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Subjective Theory
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Subjective Theory is an examination of words and conduct to determine whether there was a meeting of the minds
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determine meeting of the minds
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Parol Evidence
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Parol Evidence is offering extrinsic information, testimony, or exhibits about the statements which influence the court's understandings about the agreement in order to get the court to take testimony about the legitimacy of the contract
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take testimony about legitimacy
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Volunteer
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A volunteer is one who pays a debt, although not a party to, or interested in, the contract or transaction in which the debt arose
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Farmout
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A Contractual agreement with an owner who holds a working interest in an oil and gas lease to assign all or part of that interest to another party in exchange for fulfilling contractually specified conditions
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interest, lease, assign interest
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Epitome
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An epitome is a typical or ideal example
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Silage
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Silage is fodder converted into succulent feed for livestock
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Rebuttable Presumption
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A Rebuttable Presumption is an argument that is not conclusive and may be overcome by opposing evidence
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Necessaries
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Necessaries are items that are indispensable to living
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Meretricious
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Meretricious is tawdry attractive
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Precedent
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Precedent is the making of a law by a court in recognizing and applying new rules while administering justice ------------ OR ----------- precedent is a law established by following earlier judicial decisions.
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