JD-NEXT STUDY GUIDE
Study online at https://quizlet.com/_hyemkn
1. Facts: Who sues whom on what cause of action for what remedy? (trial court level)
Procedural Posture
What happened?
2. What is the procedural posture?: How did the case get from the trial court to the court writing the
opinion?
3. What goes under the procedural posture?: The court issuing the opinion. Which party is seeking
relief. What sort of motion. What the disposition of the lower courts.
4. Facts also include what?: The storytelling
5. Issues: What is the legal issue in the case? What is the court trying to answer?
6. Rules: What rule does the court apply to decide the case? What rationale does the court provide to support the
rule it applies?
7. Application/ Argument/ Analysis: What the court reasoning is?
8. The Application also includes what?: The arguments made by both sides. How the court responded
and why they ruled the way they did.
9. Conclusion: What the holding is. The reformulation of the issue and disposition of the court (essentially who
won).
10. Past Consideration: A promise made in recognition of past actions or services, which were not made in
anticipation of such a reward, does not constitute valid consideration for a new contract.
11. Gratuitous Promise: A promise not supported by valuable consideration and, therefore, not binding.
12. Adequate Consideration: Something in value that is exchanged between parties in a contract
13. Promissory Estoppel: Also known as Detrimental Reliance
14. Definition of Promissory Estoppel: An equitable doctrine that prevents the withdrawal of a promise
by a promisor if it will adversely affect a promisee who has adjusted his or her position in justifiable reliance on the
promise.
Example- Lady benefitted from the money after retirement
15. Three elements to prove Promissory Estoppel are:: A. Promisor made a promise that was
reasonably expected to be relied upon.
B. Promisee reasonably relied on the promise.
C. Injustice can be avoided in no other way.
MUST BE A PROMISE
1/3
Study online at https://quizlet.com/_hyemkn
1. Facts: Who sues whom on what cause of action for what remedy? (trial court level)
Procedural Posture
What happened?
2. What is the procedural posture?: How did the case get from the trial court to the court writing the
opinion?
3. What goes under the procedural posture?: The court issuing the opinion. Which party is seeking
relief. What sort of motion. What the disposition of the lower courts.
4. Facts also include what?: The storytelling
5. Issues: What is the legal issue in the case? What is the court trying to answer?
6. Rules: What rule does the court apply to decide the case? What rationale does the court provide to support the
rule it applies?
7. Application/ Argument/ Analysis: What the court reasoning is?
8. The Application also includes what?: The arguments made by both sides. How the court responded
and why they ruled the way they did.
9. Conclusion: What the holding is. The reformulation of the issue and disposition of the court (essentially who
won).
10. Past Consideration: A promise made in recognition of past actions or services, which were not made in
anticipation of such a reward, does not constitute valid consideration for a new contract.
11. Gratuitous Promise: A promise not supported by valuable consideration and, therefore, not binding.
12. Adequate Consideration: Something in value that is exchanged between parties in a contract
13. Promissory Estoppel: Also known as Detrimental Reliance
14. Definition of Promissory Estoppel: An equitable doctrine that prevents the withdrawal of a promise
by a promisor if it will adversely affect a promisee who has adjusted his or her position in justifiable reliance on the
promise.
Example- Lady benefitted from the money after retirement
15. Three elements to prove Promissory Estoppel are:: A. Promisor made a promise that was
reasonably expected to be relied upon.
B. Promisee reasonably relied on the promise.
C. Injustice can be avoided in no other way.
MUST BE A PROMISE
1/3
