Friday, September 30, 2011
Tuesday, September 27, 2011
September 28, 2011 - Defenses to Contract Enforceability (Chapt 12)
1. Describe the concept of voluntary consent.
2. Define a bilateral mistake.
3. Define a unilateral mistake.
4. When can a contract, in mistake, be recinded?
5. Brief Inkel v. Pride Chevrolent.
6. In a unilateral mistake, can a contract be rescinded because of a mathematical error? Why or why not?
7. What are the three elements of fraudulent misrepresentation?
8. Do you think Anthony (page 291) will prevail if he sues Yahoo for misrepresentation?
9. What is misrepresentation by conduct?
10. What is misrepresentation of law?
11. *** Define misrepresentation by silence.
12. Brief Rosenzweig v. Givens.
13. What is an intent to deceive?
14. What is the third element of fraud (page 294)?
15. What is the statute of frauds? Why is it important?
16. List the five statute of frauds.
17. Why do promises made in consideration of marriage need to be in writing?
18. What governs the sale of goods?
19. What are the four exceptions to the statute of frauds?
20. Describe the parole evidence rule.
21. List the seven (7) exceptions to the PER (parole evidence rule).
2. Define a bilateral mistake.
3. Define a unilateral mistake.
4. When can a contract, in mistake, be recinded?
5. Brief Inkel v. Pride Chevrolent.
6. In a unilateral mistake, can a contract be rescinded because of a mathematical error? Why or why not?
7. What are the three elements of fraudulent misrepresentation?
8. Do you think Anthony (page 291) will prevail if he sues Yahoo for misrepresentation?
9. What is misrepresentation by conduct?
10. What is misrepresentation of law?
11. *** Define misrepresentation by silence.
12. Brief Rosenzweig v. Givens.
13. What is an intent to deceive?
14. What is the third element of fraud (page 294)?
15. What is the statute of frauds? Why is it important?
16. List the five statute of frauds.
17. Why do promises made in consideration of marriage need to be in writing?
18. What governs the sale of goods?
19. What are the four exceptions to the statute of frauds?
20. Describe the parole evidence rule.
21. List the seven (7) exceptions to the PER (parole evidence rule).
Monday, September 26, 2011
September 26, 2011 - Consideration, Capacity, and Legality
1. Define consideration.
2. What is "legal value"?
3. What is the second element of consideration according to the text?
4. Brief Hamer v. Sidway.
5. Describe what accord and satisfaction.
6. List the requirements to establish promissory estoppel (5).
7. Define contractual capacity.
8. What is one of the exceptions to a minor's right to disaffirm?
9. What does ratification mean in contract law?
10. Describe three contract types that may be contrary to statute or public policy.
11. When is a contract unconscionable?
12. What is an adhesion contract?
13. What are exculpatory clauses?
14. Brief Speedway SuperAmerica v. Erwin.
15. What does justifiable ignorance of the facts mean in contract law?
16. What is a severable contract?
17. What does duress in contract law mean?
2. What is "legal value"?
3. What is the second element of consideration according to the text?
4. Brief Hamer v. Sidway.
5. Describe what accord and satisfaction.
6. List the requirements to establish promissory estoppel (5).
7. Define contractual capacity.
8. What is one of the exceptions to a minor's right to disaffirm?
9. What does ratification mean in contract law?
10. Describe three contract types that may be contrary to statute or public policy.
11. When is a contract unconscionable?
12. What is an adhesion contract?
13. What are exculpatory clauses?
14. Brief Speedway SuperAmerica v. Erwin.
15. What does justifiable ignorance of the facts mean in contract law?
16. What is a severable contract?
17. What does duress in contract law mean?
Thursday, September 22, 2011
September 23, 2011 - Agreement in Traditional and E-Commerce (Chpt 10)
1. What is the essential element for contract formation?
2. What are the three requirements of an offer?
3. Brief Lucy v. Zehmer.
4. Is an expression of an opinion an offer?
5. Is a future intent an offer?
6. Is a preliminary negotiation an offer?
7. Is a catalog, circular, or advertisement an offer?
8. Are agreements to agree an offer?
9. Brief Basis Technology v Amazon.
10. What is an irrevocable offer?
11. What is the strongest word in the law pertaining to contracts?
12. What is a counteroffer?
13. What happens if we have "a lapse of time"?
14. Define acceptance.
15. Can a third person accept an offer?
16. Define unequivocal acceptance.
17. What is silence by acceptance.
18. What is the mailbox rule?
19. What are authorized means of communication?
AGREEMENTS IN E-CONTRACT
20. What is an on-line acceptance?
21. What is a shrink wrap agreement?
22. Define an e-signature.
23. What is the UTEA?
2. What are the three requirements of an offer?
3. Brief Lucy v. Zehmer.
4. Is an expression of an opinion an offer?
5. Is a future intent an offer?
6. Is a preliminary negotiation an offer?
7. Is a catalog, circular, or advertisement an offer?
8. Are agreements to agree an offer?
9. Brief Basis Technology v Amazon.
10. What is an irrevocable offer?
11. What is the strongest word in the law pertaining to contracts?
12. What is a counteroffer?
13. What happens if we have "a lapse of time"?
14. Define acceptance.
15. Can a third person accept an offer?
16. Define unequivocal acceptance.
17. What is silence by acceptance.
18. What is the mailbox rule?
19. What are authorized means of communication?
AGREEMENTS IN E-CONTRACT
20. What is an on-line acceptance?
21. What is a shrink wrap agreement?
22. Define an e-signature.
23. What is the UTEA?
Tuesday, September 20, 2011
September 21, 2011 - Welcome to Contracts
Welcome to Contracts
1. What is a "promise" in contract law?
2. What are the sources of contract law in America?
3. What are the functions of contract law (a promisor and promisee, hint:))?
4. Define contract per the text (page 219).
5. What is the objective theory of contracts?
6. List and define the four requirements of a valid contract?
7. What are the two defenses to enforceability of a contract?
8. At least how many parties does a contract need to have?
9. What is a bilateral contract?
10. What is a unilateral contract?
11. What is the difference between a formal contract and an informal contract?
12. What is an express contract?
13. What is an implied contract?
14. Why is it important to have contract performance? (i.e., an executed contract)
15, What can make a contract void?
16. When is a contract unenforceable?
17. Describe a quasi contract?
18. Brief Wagner v. Columbia Pictures.
1. What is a "promise" in contract law?
2. What are the sources of contract law in America?
3. What are the functions of contract law (a promisor and promisee, hint:))?
4. Define contract per the text (page 219).
5. What is the objective theory of contracts?
6. List and define the four requirements of a valid contract?
7. What are the two defenses to enforceability of a contract?
8. At least how many parties does a contract need to have?
9. What is a bilateral contract?
10. What is a unilateral contract?
11. What is the difference between a formal contract and an informal contract?
12. What is an express contract?
13. What is an implied contract?
14. Why is it important to have contract performance? (i.e., an executed contract)
15, What can make a contract void?
16. When is a contract unenforceable?
17. Describe a quasi contract?
18. Brief Wagner v. Columbia Pictures.
Monday, September 19, 2011
September 19, 2011 - Class Cancelled Today
I am ill today - class is cancelled. We will cover Monday's material on Wednesday.
Friday, September 16, 2011
Wednesday, September 14, 2011
September 14, 2011 - Courts and ADR
1. Brief Marbury v. Madison.
2. What is a long arm statute?
3. Describe jurisdiction over subject matter.
4. What is diversity of citizenship?
5. What does venue mean?
6. Describe standing to sue.
7. Brief Oregon v. Legal Services Corp.
8. How is a trial court different from an appeals court?
9. List the three tiers of the federal court system.
10. What is a complaint?
11. How do you respond to a complaint?
12. Describe a motion.
13. What is discovery?
14. What is a deposition?
15. What is an interrogatory?
16. What do lawyers call jury selection?
17. Describe ADR?
18. How is mediation different than arbitration?
2. What is a long arm statute?
3. Describe jurisdiction over subject matter.
4. What is diversity of citizenship?
5. What does venue mean?
6. Describe standing to sue.
7. Brief Oregon v. Legal Services Corp.
8. How is a trial court different from an appeals court?
9. List the three tiers of the federal court system.
10. What is a complaint?
11. How do you respond to a complaint?
12. Describe a motion.
13. What is discovery?
14. What is a deposition?
15. What is an interrogatory?
16. What do lawyers call jury selection?
17. Describe ADR?
18. How is mediation different than arbitration?
Monday, September 12, 2011
September 12, 2011 - Important Legal Web Links (with court calendars)
Idaho Supreme Court: http://www.isc.idaho.gov/
Canyon County Court: http://www.the3rdjudicialdistrict.com/
Ada County Court: http://www2.state.id.us/fourthjudicial/ada%20county/ada%20county.htm
Idaho Judicial Repository: https://www.idcourts.us/repository/start.do
Idaho Secretary of State: http://www.sos.idaho.gov/
Canyon County Court: http://www.the3rdjudicialdistrict.com/
Ada County Court: http://www2.state.id.us/fourthjudicial/ada%20county/ada%20county.htm
Idaho Judicial Repository: https://www.idcourts.us/repository/start.do
Idaho Secretary of State: http://www.sos.idaho.gov/
September 12, 2011 - Admin Update
If you are having trouble posting to the blog - please e-mail me your homework for credit.
Please make sure and check this web page at least three times a week.
I will be posting court calendars to this web page periodically.
Please make sure and check this web page at least three times a week.
I will be posting court calendars to this web page periodically.
Tuesday, September 6, 2011
September 7, 9, 2011 - IRAC
When preparing a case to brief for the class remember: IRAC
I = Issue
R = Rule
A = Application
C = Conclusion
I = Issue
R = Rule
A = Application
C = Conclusion
September 7, 9, 2011 - How to Brief a Case
1. Title and Citation
The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing.
The citation tells how to locate the reporter of the case in the appropriate case reporter. If you know only the title of the case, the citation to it can be found using the case digest covering that court, or one of the computer-assisted legal research tools (Westlaw or LEXIS-NEXIS).
2. Facts of the Case
A good brief will include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, who sued whom, based on what occurrences, and what happened in the lower court/s.
The facts are often conveniently summarized at the beginning of the court’s published opinion. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. WARNING! Judges are not above being selective about the facts they emphasize. This can become of crucial importance when you try to reconcile apparently inconsistent cases, because the way a judge chooses to characterize and “edit” the facts often determines which way he or she will vote and, as a result, which rule of law will be applied.
The fact section of a good brief will include the following elements:
The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.
Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike. Be sure you have included both.
With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue. Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases.
When noting issues, it may help to phrase them in terms of questions that can be answered with a precise “yes” or “no.”
For example, the famous case of Brown v. Board of Education involved the applicability of a provision of the 14th Amendment to the U.S. Constitution to a school board’s practice of excluding black pupils from certain public schools solely due to their race. The precise wording of the Amendment is “no state shall... deny to any person within its jurisdiction the equal protection of the laws.” The careful student would begin by identifying the key phrases from this amendment and deciding which of them were really at issue in this case. Assuming that there was no doubt that the school board was acting as the State, and that Miss Brown was a “person within its jurisdiction,” then the key issue would be “Does the exclusion of students from a public school solely on the basis of race amount to a denial of ‘equal protection of the laws’?”
Of course the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board, or even public education. They cast doubt on the continuing validity of prior decisions in which the Supreme Court had held that restriction of Black Americans to “separate but equal” facilities did not deny them “equal protection of the laws.” Make note of any such implications in your statement of issues at the end of the brief, in which you set out your observations and comments.
NOTE: More students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. It may also help to label the issues, for example, “procedural issues,” “substantive issues,” “legal issue,” and so on. Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.
4. Decisions
The decision, or holding, is the court’s answer to a question presented to it for answer by the parties involved or raised by the court itself in its own reading of the case. There are narrow procedural holdings, for example, “case reversed and remanded,” broader substantive holdings which deal with the interpretation of the Constitution, statutes, or judicial doctrines. If the issues have been drawn precisely, the holdings can be stated in simple “yes” or “no” answers or in short statements taken from the language used by the court.
5. Reasoning
The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. This should be outlined point by point in numbered sentences or paragraphs.
6. Separate Opinions
Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Make a note of how each justice voted and how they lined up. Knowledge of how judges of a particular court normally line up on particular issues is esssential to anticipating how they will vote in future cases involving similar issues.
7. Analysis
Here you should evaluate the significance of the case, its relationship to other cases, its place in history, and what it shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Justices should be probed, the “rightness” of the decision debated, and the logic of the reasoning considered.
The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing.
The citation tells how to locate the reporter of the case in the appropriate case reporter. If you know only the title of the case, the citation to it can be found using the case digest covering that court, or one of the computer-assisted legal research tools (Westlaw or LEXIS-NEXIS).
2. Facts of the Case
A good brief will include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, who sued whom, based on what occurrences, and what happened in the lower court/s.
The facts are often conveniently summarized at the beginning of the court’s published opinion. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. WARNING! Judges are not above being selective about the facts they emphasize. This can become of crucial importance when you try to reconcile apparently inconsistent cases, because the way a judge chooses to characterize and “edit” the facts often determines which way he or she will vote and, as a result, which rule of law will be applied.
The fact section of a good brief will include the following elements:
- A one-sentence description of the nature of the case, to serve as an introduction.
- A statement of the relevant law, with quotation marks or underlining to draw
attention to the key words or phrases that are in dispute.
- A summary of the complaint (in a civil case) or the indictment (in a criminal case)
plus relevant evidence and arguments presented in court to explain who
did what to whom and why the case was thought to involve illegal
conduct.
- A summary of actions taken by the lower courts, for example: defendant
convicted; conviction upheld by appellate court; Supreme Court granted
certiorari.
The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.
Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike. Be sure you have included both.
With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue. Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases.
When noting issues, it may help to phrase them in terms of questions that can be answered with a precise “yes” or “no.”
For example, the famous case of Brown v. Board of Education involved the applicability of a provision of the 14th Amendment to the U.S. Constitution to a school board’s practice of excluding black pupils from certain public schools solely due to their race. The precise wording of the Amendment is “no state shall... deny to any person within its jurisdiction the equal protection of the laws.” The careful student would begin by identifying the key phrases from this amendment and deciding which of them were really at issue in this case. Assuming that there was no doubt that the school board was acting as the State, and that Miss Brown was a “person within its jurisdiction,” then the key issue would be “Does the exclusion of students from a public school solely on the basis of race amount to a denial of ‘equal protection of the laws’?”
Of course the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board, or even public education. They cast doubt on the continuing validity of prior decisions in which the Supreme Court had held that restriction of Black Americans to “separate but equal” facilities did not deny them “equal protection of the laws.” Make note of any such implications in your statement of issues at the end of the brief, in which you set out your observations and comments.
NOTE: More students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. It may also help to label the issues, for example, “procedural issues,” “substantive issues,” “legal issue,” and so on. Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.
4. Decisions
The decision, or holding, is the court’s answer to a question presented to it for answer by the parties involved or raised by the court itself in its own reading of the case. There are narrow procedural holdings, for example, “case reversed and remanded,” broader substantive holdings which deal with the interpretation of the Constitution, statutes, or judicial doctrines. If the issues have been drawn precisely, the holdings can be stated in simple “yes” or “no” answers or in short statements taken from the language used by the court.
5. Reasoning
The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. This should be outlined point by point in numbered sentences or paragraphs.
6. Separate Opinions
Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Make a note of how each justice voted and how they lined up. Knowledge of how judges of a particular court normally line up on particular issues is esssential to anticipating how they will vote in future cases involving similar issues.
7. Analysis
Here you should evaluate the significance of the case, its relationship to other cases, its place in history, and what it shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Justices should be probed, the “rightness” of the decision debated, and the logic of the reasoning considered.
September 7, 9, 2011 -- Constitutional Law
1. Describe the separation of powers (hint: checks and balances).
2. What is the commerce clause?
3. Brief Gibbons v. Ogden.
4. Brief Heart of Atlanta v. United States.
5. Define the dormant commerce clause.
6. Define the supremacy clause.
7. List and define the Bill of Rights.
8. Brief Bad Frog Brew, Inc. v. New York State.
9. What would be an example of unprotected speech?
10. What is the establishment clause?
11. What is the free exercise clause?
12. Define due process of law?
13. How is procedural due process different than substantive due process?
14. Define equal protection.
15. What is the difference between strict scrutiny and intermediate scrutiny?
16. What are privacy rights?
2. What is the commerce clause?
3. Brief Gibbons v. Ogden.
4. Brief Heart of Atlanta v. United States.
5. Define the dormant commerce clause.
6. Define the supremacy clause.
7. List and define the Bill of Rights.
8. Brief Bad Frog Brew, Inc. v. New York State.
9. What would be an example of unprotected speech?
10. What is the establishment clause?
11. What is the free exercise clause?
12. Define due process of law?
13. How is procedural due process different than substantive due process?
14. Define equal protection.
15. What is the difference between strict scrutiny and intermediate scrutiny?
16. What are privacy rights?
September 7, 2011 - Update
If you are having trouble posting, you can always e-mail me the homework. Please "paste" the homework directly into the body of the e-mail.
Also, remember to read Chapter 2 by Wednesday.
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