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37 Cards in this Set
- Front
- Back
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3 types of jurisdiction |
Personal, subject matter, territorial |
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Venue |
Proper or most convenient location for a trial or case |
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6 elements of a valid contract |
Offer, acceptance, consideration, capacity, mutuality, legally enforceable terms and conditions |
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Third party beneficiaries |
Incidental and intended |
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The three types of governments and what laws they make. |
Legislative- makes statues Executive- makes regulations, executive orders Judicial- court decisions |
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4 part definition of a merchant |
1. Deals in goods of the kind 2. By his occupation holds himself out as having knowledge of skill 3. Knowledge and skill of the goods in transaction. 4. Employs intermediary who by his occupation holds himself out as having knowledge and skill. |
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Statute of Frauds |
1. Consideration of marriage 2. Cannot here preformed within one year 3. Anything with land or real estate 4. Executors of estates 5. Granitity or assurity- co-sign 6. Sales of good over $500 |
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4 corners doctrine |
Plain meaning rule- means that the court will enforce the written contract just as it appears, as long as the contract appears to be complete and final. |
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What is law? |
Regime that order human activities and relations through systematic applications. |
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What is ag law the law of exceptions? |
-labor law exemptions -Farmer bankruptcy -UCC farm products -worker’s compensation exceptions |
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What is ag law the law of exceptions? |
-labor law exemptions -Farmer bankruptcy -UCC farm products -worker’s compensation exceptions |
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Why is ag law unique? |
-dependent upon nature -rural environment -success is not all dependent on the farmers |
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What was the verdict in the marijuana case? |
It was dismissed. |
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What is jurisdiction? |
The power to exercise authority over people and things. |
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What amendments in the bill of rights are important to ag? |
1st, 4th, 5th |
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What is the statute stated in the Tate vs. Livestock Board case? |
Pursuant to the statute, a brand owner has a property interest in his brand as long long as it remains properly recorded. |
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What is the statute stated in the Tate vs. Livestock Board case? |
Pursuant to the statute, a brand owner has a property interest in his brand as long long as it remains properly recorded. |
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Contract assignment |
Party to the contract assigns the entire contract to another party. |
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Dorative assignment |
-assignee assigns the benefit of a contract as a gift -can be revoked |
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At-Will employment |
Employee can quit at anytime and can be terminated at any time for any reason. |
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Breach of contract |
-not fulfilling the promises made to other parties -material breach- affects the outcome of promises -non-material- violates contract in a minor way |
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Breach of contract |
-not fulfilling the promises made to other parties -material breach- affects the outcome of promises -non-material- violates contract in a minor way |
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Burke v. Precision Drilling 3 rule test |
1) prominence of the text disclaimer 2) placement of the text relative to other text 3) whether the language is unambiguous |
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Parol evidence |
Evidence pertaining to the agreement that wasn’t included in a written contract. Courts don’t usually allow this |
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Parol evidence |
Evidence pertaining to the agreement that wasn’t included in a written contract. Courts don’t usually allow this |
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Warranty |
Assurance, promise or guaranty by one party that a fact is true. |
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Express Warranty |
Oral representation, written representation, descriptions, proof of quality |
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Express Warranty |
Oral representation, written representation, descriptions, proof of quality |
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Implied warranty |
Warranty that courts assume are implied in sales made by merchants. |
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Tribe v. Peterson Why did Mr. Tribe bring fourth the lawsuit? |
-brought the lawsuit because the horse bucked -alleged a breach of express warranty and negligent representation |
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Tribe v. Peterson Why did Mr. Tribe bring fourth the lawsuit? |
-brought the lawsuit because the horse bucked -alleged a breach of express warranty and negligent representation |
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Contract law |
Common law- precedent set fourth by court rulings UCC- commercial transactions |
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Statute of Frauds |
Marriages, more than one year, guarantor, executor, sales more than $500, land |
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Nelson v. Union Equity 4 things to qualify as a merchant? |
1) deals in goods of the kind 2) occupation- knowledgeable to practices involved 3) knowledgeable about skills involved 4) employs an intermediary |
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Contract assignment and assignment of rights |
Contract assignment- assigns entire contract to another party Assignment of rights- original party remains obligated to fulfill the contract but another party receives the benefits |
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Contract assignment and assignment of rights |
Contract assignment- assigns entire contract to another party Assignment of rights- original party remains obligated to fulfill the contract but another party receives the benefits |
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Quasi contract |
-elements are not specifically written or expressed -remedy in a situation where one party has received unjust treatment -results from not paying for a product or service -getting your car serviced for more than you said |
