Clark Atlanta University Contract Law Questions HelloPlease see the attached file to answer questions from your understanding, not copy and pastethank ● Th

Clark Atlanta University Contract Law Questions HelloPlease see the attached file to answer questions from your understanding, not copy and pastethank ●
There is a need in society for rules and regulations which are called laws
○ Without laws, there would be violence and chaos

The goals of law in society are harmony, stability, and justice
○ Overall there is justice in our legal system, however, there are pockets of
injustice but, hopefully, our legal system is moving in the right direction in
establishing more justice for more people under more circumstances.

The Four Written Sources of Law
○ Constitutional Law – this is the most powerful and important source of law
■ United States Constitution – the most powerful and important source of
law. That is to say, it is the supreme law of the land.
● The US Constitution is a masterpiece, not just because of the
ideas expressed in it by our founding fathers, but also because of
the way and manner these ideas were expressed. That is to say,
that even though the US Constitution is over 200 years old, it
hasn’t had to be changed very often despite changing times and
circumstances because it is a flexible and living document
● We are, as a society and legal system, the way we are not just
because of the US Constitution but also because of the
willingness of past and present generations of Americans to abide
by what the court states and decides as to what the US
Constitution means
● Bill of Rights – this added the first ten amendments to the US
Constitution
■ State Constitutions – every state has a state constitution and the most
powerful and important state law in the state is the state constitution
○ Statutory Law (Legislative) – this comes from the legislative branch of the govt.
■ US Statutory Law – this comes from the US Congress and typically for it
to become effective, the US President will sign the law. However, the US
President could VETO the law, in which case the law will not become
effective unless the US Congress overrides the VETO
■ State Statutory Law – this comes from the state congress and typically for
the law to become effective, the governor will sign it. However, the
governor could VETO the law, in which case, the law is not effective
unless the state congress overrides the VETO
● Uniform Commercial Code (UCC) – this is state statutory law that
involves commercial transactions and it was passed in its entirety
in all the states except Louisiana which passed part of it
○ Case Law – court or judge-made law
■ US Case Law – this comes from the federal courts
■ State Case Law – this comes from the state courts
■ Important Terms:



Precedent – this entails previous court cases similar in nature to
the case at hand
○ Three points about the precedent
■ When a court is deciding a case at hand, at first
they must determine which cases are the precedent
cases. Once this determination is made, the court
will almost always follow precedent when making a
decision for the case. When the court does this, it is
following the doctrine of stare decisis and when
doing this, it is showing certainty in the law and
following tradition in the law.
■ On a rare occasion, a court, when deciding a case
at hand, in order to show flexibility in the law due to
changing time and circumstances, could decide to
not follow precedent and instead make a decision
in a different direction for the case at hand.
■ Sometimes, when a court is deciding a case, there
is no precedent, in which case the court must use
some type of reasoning to help decide the case.
Once a decision is made on this case, a precedent
will be established
○ Sometimes when a court is deciding a case at hand, there
is present a relevant statutory law, the meaning of which
must be determined by the court in order to help decide
this case.
● Stare Decisis – this is when a court follows precedent when
making a decision for the case at hand
● Doctrine of Judicial Review – sometimes when a court is deciding
a case at hand, it is necessary to exercise its power under the
doctrine of judicial review and if so this entails the court
determining whether or not a statutory law, executive action, or
administrative agency rule and regulations is constitutional. If so it
is legally valid. If not it is legally invalid and will have no legal
effect.
Administrative Law – this entitles the rules, regulations, and decisions of
administrative agencies
■ US Administrative Law – this comes from the federal administrative
agencies (Environmental Protection Agency)
■ State Administrative Law – this comes from the state administrative
agencies
Important Terms
○ General Jurisdiction – this is when a court has the authority to hear a wide variety
of legal subject matter cases



Special Jurisdiction – this is when a court has the authority to hear a limited type
or types of legal subject matter cases
Original Jurisdiction – this is when a court has the authority to hear the case for
the first time on a full-blown basis. That is to say, it is the trial court where trials
are held.
Appellate Jurisdiction – when a court has the authority to review a case for
substantial errors of law/fact and then make one of four decisions
■ Decisions that could be made
● Confirm the lower court decision
● Reverse the lower court decision
● Modify the lower court decision
● Send the case back down to the court of original jurisdiction for a
new trial
■ Two Main grounds to appeal a court case
● The substantial error of law – this entails some type of important
legal error committed at the trial
● Substantial error of fact
○ For the first after the trial, some type of important evidence
is found
○ Whoever was deciding the case grossly misread the
important facts involved in the case

Federal Courts
○ US District Court – this court has original jurisdiction as it is the federal trial court
where trials are held and it also general jurisdiction
○ US Court of Appeals – this court has appellate jurisdiction
○ US Supreme Court – generally speaking, this court exercises appellate
jurisdiction. However, there are two situations wherein the US Supreme court
practices original jurisdiction and they are the following
■ Cases involving foreign ambassadors
■ Casas wherein states or parties to a law

State Courts
○ In PA, there are district justice and magistrate courts. There are two important
reasons to go into this type of courts:
■ In criminal cases, soon after the defendant was arrested, he has a right to
a hearing to determine if there’s enough evidence against the defendant
to hold the case over for a criminal trial in the state trial court
■ Cases wherein an injured party is seeking a small amount of money
damages
○ State Trial Courts – this court has original jurisdiction as it is the state trial court
where trials are held and it also has general jurisdiction
○ State Appeals Court – this type of court has appellate jurisdiction
○ State Supreme Court – this type of court has appellate jurisdiction


Two main differences between arbitration and mediator
■ An arbitrator listens to the case and makes a decision whereas a
mediator works with the parties in an attempt to somehow settle the case
■ A decision made by an arbitrator is binding whereas a decision made by a
mediator is nonbinding
The various steps in the litigation of a civil court case
○ Plaintiff – this is the party that files the lawsuit
○ Defendant – this is the party against whom the lawsuit is brought
○ Complaint – the legal document filed by the plaintiff, that will start the lawsuit, the
original of which goes to the court and a copy goes to the defendant. In it, the
plaintiff is stating that he was harmed through the fault of the defendant and
therefore the plaintiff is seeking some type of relief from the defendant.
○ Answer – this is a legal document filed by the defendant that responds to the
complaint and the original goes to the court and a copy goes to the plaintiff. In it,
the defendant almost always denies liability although, on a rare occasion, the
defendant could admit liability but contest the type of relief that the plaintiff is
seeking from him
○ Counter Claim – If present, this is a legal document filed by the defendant. The
original of which goes the court and a copy of which goes to the plaintiff. In it the
defendant is stating that he was harmed through the fault of the plaintiff and
therefore the defendant wants some type of relief from the plaintiff
○ Reply – if present, this is a legal document that responds to the counterclaim and
it is filed by the plaintiff. The original goes to the court and a copy goes to the
defendant. It is called this in some states
○ Pleadings – this entails the legal documents filed by the parties at the beginning
stage of a lawsuit and include the complaint, the answer, and, if present, the
counterclaim, and the reply.
○ Discovery Stage
■ Discovery procedures are an attempt to find out more information on the
case and hopefully avoid surprise at trial
■ 3 Types of Discovery Procedures
● Deposition – This is a verbal questioning and answering
environment, and the person who is being deposed must answer
while under oath and the preceding is recorded by a court
reporter.
● Interrogatories – these are written questions and answers and the
party that answers does so while under oath
● Inspection of Exhibits – this is when a side in the case can
examine physical evidence that is in the possession of the other
side and this is done before the trial
○ Pretrial Conference





Trial





A pretrial conference involves the judge, the lawyers, and the parties to
the case attempting to settle all/ part of the case. Thereby avoiding a trial
on all/ part of the case
Jury Selection
■ Voir Dire – this involves the questioning and answering of people to
determine if a person is going to become a member of a jury
Challenges for Cause – (unlimited in number) this entails preventing a person
from becoming a member of a jury because of some type of legally justifiable
reason, such as this person being related to someone involved in the case, this
person being prejudice
Peremptory Challenges – this is when a side of the case can prevent a person
from becoming a member of a jury without giving a reason and is based upon a
gut feeling (limited in number)
Opening Statements – this is when a die of the case states what it is going to try
to prove at the upcoming trial that will hopefully support that side of the case
Direct Examination – this is when a side of the case ask questions to a person
who is testifying. The hope of which is that the answer given will support the side
of the case
Cross-Examination – this is when a side of the case asks questions to a person
who has testified on direct examination. The hope of which is to try and weaken
the answers this person gave on direct examination
Closing Statements – this is when each side of the case states what it has proved
at the trial that hopefully will support that side of the case.
Jury Instructions – this is when a judge informs the jury of the relevant law
involved in the case
■ The jury must first determine the facts and then apply the law that it was
told to by the judge through the Jury Instructions to those facts in order to
make a decision, which is called a verdict, on this case.

Executing on a Judgement
○ Executing on a judgement entails a party who has won in court and received an
award converting it into a judgement in favor of this party and then sending the
sheriff out to seize the assets of the other party who lost in court and against
whom assets are sold at a public sale and then the proceeds are given to the
party who won in court in order to satisfy the judgment.
○ In a criminal case, whoever is deciding it must determine if the person is guilty of
committing a crime and, if this is the case, this person is subject to criminal
sanctions, such as imprisonment.

Tort – this is a private wrong wherein a party is harmed as to person / property /
reputations. Enabling the injured part to sue for money damages / obtain an injunction.

Crime – this is a wrong against society wherein a law was violated and the party who is
found guilty of committing the crime is subject to criminal sanctions such as
imprisonment.

Three Main Category of Torts
○ Intentional Torts-Intent is always involved
○ The Tort of Negligence- Intent is never involved
○ A Tort based upon strict liability

Various Types of Intentional Torts
○ Assault – When a person intentionally without privilege/consent threatens to do
bodily harm toward another person. Placing fear in the mind of this other person
of this bodily harm, and the person making such threat as the present ability to
actually/ apparently carry it out. Enabling the injured party to sue for money
damages.
○ Battery – this is when a person intentionally, without privilege/consent, touches
another person in an offensive manner, enabling the injured party to sue for
money damages
○ False Arrest – this is when law enforcement officers intentionally, without
privilege/consent, arrest another person without probable cause (This is a
probability that a particular person has committed a particular crime) enabling the
injured party to sue for money damages
○ False Imprisonment – this is when NON-law enforcement intentionally, without
privilege/consent, deprives another person of his freedom of movement enabling
the injured party to sue for money damages.
○ Defamation – this is when a person intentionally, without privilege/consent, falsely
communicates in such a manner as to harm another person’s
reputation/character and this communication is made to a third party, enabling
the injured party to sue for money damages
■ Two types of Defamation
● Slander – this is verbal/temporary defamation
● Libel – this is written/permanent defamation
○ Interference with a contract – This is when a person who is not a party two a
contract intentionally without privilege/ consent unreasonably and in mean
spirited manner causes another person to preach a contract, which involves
other persons, enabling the injured party to sue for money damages.
○ Nuisance – This is when a person intentionally without privilege/consent
unreasonably interferes with another person’s use/enjoyment of land enabling
the injured party to sue for money damages/ obtain an injunction in order abate
the nuisance.
○ Trespass to Real Property – This is when a person intentionally without privilege/
consent enters upon the real property of another. Enabling the injured party to
sue for money damages. (Examples: Land, and things permanently attached to
land such as: building, houses, trees)


Trespass to Personal Property – This is when a person intentionally without
privilege/ consent unlawfully interferes with another person’s control and
possession of personal property. Enabling the injured party to sue for money
damages. (Examples: All property that is not considered REAL property)
Negligence – this is when a person fails to exercise reasonable care. When this
person has a legal duty to do so toward another person, the approximate
enabling the injured party to sue for money damages.

Necessary Elements of Negligence
○ Duty – A person must exercise reasonable care
■ This is based upon a reasonable personal standard
● This is determined by comparing what would be a reasonable
course of conduct for a hypothetical person in the same category
or classification as the person being sued for negligence and that
of the actual course of conduct of the person being sued for
negligence when both were involved in the same circumstances
and the latter would exercise reasonable care if his conduct
matches the former.
○ A person breaches his legal duty to exercise reasonable care toward another
person
■ There would be such a legal duty when this person who failed to exercise
reasonable care knew or should have known that, when he failed to do
so, another person could be harmed
○ Proximate cause is present – elements 1&2 directly cause element 4 there were
no important intervening factors which caused element 4
■ A person fails to exercise reasonable care when this person has a legal
duty to do so towards another person, the direct cause of which is that the
person is harmed and there were no important intervening factors that
caused such harm.
○ A party was injured or harmed
○ The injured party could sue for money damages

Defenses to Negligence
○ Contributory Negligence – this is a negligence defense that is followed in some
states and the typical contributory negligence statute is worded in such a manner
that if the person who is bringing the negligence lawsuit contributed to any extent
in causing his own harm, this will mean that the suing party will not be able to
recover any monetary damages
○ Comparative Negligence – this is a negligence defense that is followed in most
states and it entails determining and comparing the degree of fault, if any, of the
person who is bringing the negligence lawsuit in contributing to his own harm and
the degree of fault of the other party being sued for negligence in causing this
harm and, as long as the former is less at fault than the latter, the former can
recover monetary damages however, if the former is of equal or greater fault than


the latter, it is up to the comparative negligence statute in the state as to whether
the former will recover any monetary damages.
○ Assumption of Risk Doctrine – this is a negligence defense wherein the party who
is bringing the negligence lawsuit has placed himself in an environment of danger
thereby assuming a risk of harm, however, it is up to whomever is deciding the
case as to whether this negligence defense will be a total/partial/no bar to
financial recovery by the suing party
2 types of important cases wherein the law allows an injured party to bring a lawsuit
involving a tort, based upon strict liability
○ Product Liability Cases – this entails a party attempting to prove that by the very
nature and structure of a product it created an unreasonable risk of harm to its
user and while this party was using this product in its proper manner, this party
was harmed
○ Hazardous Activity Cases – this entails a party attempting to prove that he was
harmed through no fault of his own by another party conducting a very
dangerous and hazardous activity
A contract is an agreement between two or more confident parties to do or to refrain
from doing some particular thing that is neither illegal nor impossible

4 Necessary Elements Making Up a Contract
○ Offer and Acceptance (AKA Mutual Agreement / Mutual Assent)
○ Two or more competent parties
○ Consideration
○ Legal Subject Matter

Privity – a party is set to be in privity of a contract when this party has rights and
obligations stemming from the contract

Various Characteristics to a Contract
○ Valid Contract – this a contract that contains the four necessary elements making
up a contract and therefore the contract is legally binding and enforceable
○ Void Contract – this is when one or more of the four necessary elements making
up a contract are missing and therefore the contract is void and legally
unenforceable because the contract never came into existence
○ Voidable Contract – this is when the injured party has the right to either validate
the contract or void the contract and, whichever is decided by the injured party,
the other contracting party must abide by this decision
○ Unilateral Contract – this is when one party promises exchange for the other party
performing, however, the performance doesn’t have to be carried out and if it isn’t
the promise doesn’t have to be carried out but if the performance is carried out
the promise must be carried out
○ Bilateral Contract – this is when…
Purchase answer to see full
attachment

Submit a Comment