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Plaintiff - ✔✔one who is aggrieved and initiated the dispute
Defendant - ✔✔one who is accused
Counterclaim - ✔✔when the defendant sues the plaintiff in return
Supreme Court, Circuit Court of Appeals, District Courts - ✔✔Hierarchy of
courts
Merits or Procedurally - ✔✔The two ways to fight lawsuits
General Jurisdiction - ✔✔A state court has jurisdiction over all its residents
for any matter at all.
Specific Jurisdiction - ✔✔When a court has jurisdiction over a company or
individual with respect to a specific incident or matter.
contract - ✔✔a legally enforceable promise
reasonable person standard - ✔✔how intent is determined
Agreement, Consideration, Contractual Capacity, and Legality -
✔✔elements of a contract
, ordinary and plain - ✔✔Words are given their______ meaning.
whole - ✔✔A contract will be interpreted as a ____.
both - ✔✔Consideration must be given by _____ part(ies).
Consideration - ✔✔something of value which is typically bargained for;
must be given/known by both parties
bargained - ✔✔giving money to induce the deal
offer - ✔✔a promise or commitment to do or refrain from doing some
specified action in the future
examples of nonoffers - ✔✔opinions (I can likely have your car fixed for
$250)
future intent (I will offer to sell my house in 3 months)
preliminary negotiations (close, but not deal yet)
advertisements (because stock can run low)
bilateral contract - ✔✔a person can accept by simply making a promise.
These contracts offers are freely revocable until the contract is made.
unilateral contract - ✔✔a person may only accept a contract by
performance. For instance, a lost dog poster offering a reward. An offeror
cannot revoke these contract offers when performance has been
substantially undertaken.