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prior decisions of the same court or a higher court that a judge must follow
Stare decisis
“Stand by the thing decided” Related to the concept of precedent; Rule that a court should apply the same legal principle the same set of facts and apply it to later cases that are similar
Common law
Law found in the decisions of the courts rather than statutes; judge-made law
documents that set out the basic principles and general laws of a country, state, or organization
Administrative law
body of laws that are imposed on administrative agencies by the courts or legislatures
Procedural rules
Rules established by courts and legislatures that parties must follow
Mandatory authority
Legal authority that must be followed by a court
Persuasive authority
legal authority that may be followed by a court; usually from another jurisdiction or secondary source
beginning document that commences a lawsuit
a court’s legal basis for deciding a case
Dicta (dictum)
part of a case decision that is not directly related to the reasoning of the court in reaching the result of the case
the legal principle that a case stands for; the result
Case summary
Section at the beginning of a case that summarizes general information about the case; it is usually prepared by the publisher of the case and the court
Case headnotes
identifies a point of law within a case; prepared by the publisher
____________ a compilation of general areas of the law by the American Law Institute
Black letter law
the fundamental and well-established rules of law
Uniform Commercial Code
statutory contract law that has been adopted in a whole or part by all the states
Magnuson-Moss Warranty Act
Federal law that applies to warranties for transactions for products used by a household, family or individuals
A uniform act addressing electronic signatures and records
uniform law drafted by the NVVUSL to address electronic and internet transactions
Legal Treatise
Scholarly book on a specific legal subject; usually multivolume
legal book that summarizes a legal subject; usually used by law students
Multivolume set of books that contains examples or templates of legal documents to assist in drafting
a person who makes a promise
a person to whom a promise is made
a proposal made with the purpose of obtaining an acceptance, thereby creating a contract
a person who makes an offer
a person to whom an offer is made to
the assent by the person to whom an offer is made.
That which is given in exchange for performance or the promise to perform: the price bargained and paid; the inducement.
Mutual assent
a meeting of the minds; consent; agreement

  • 1. Competency in the law 

  • 2. A person’s ability to understand the natures and effect of the act in which he or she is engaged

the condition of conformity with the law; lawfulness
Statute of Frauds requires certain classes of contracts to be in _________ and _________ by the parties
writing and signed by the parties.
Bilateral contract
a contract in which each party promises performance to the other, the promise by the one furnishing the consideration for the promise from the other
Unilateral contract
A contract in which there is a promise on one side only
Express contract
a contract whose terms are stated by the parties
Implied in fact contract:
a contract inferred from the circumstances rather than from their spoken words
Implied in law contracts is also known as _________ ___________
Quasi contracts
Quasi contract
an obligation imposed by law to achieve equity
Unjust enrichment
the equitable doctrine that a person who unjustly receives property, money, or other benefits may not retain them without some compensation to the other party
Quantum merit
reasonable compensation that a party should receive based upon the benefits or services received by the other party
Executory contract:
a contract yet to be performed
Void contract
a contract that has no legal effect
Voidable contract
a contract that may be avoided or cancelled by one of the parties
the act of rejecting contract
an imprint made upon an instrument by a device such as an engraved metallic plate, or upon wax affixed to the instrument
Formal contract
A signed, written contract, as opposed to an oral contract 
Informal contract:
a contract not in the customary form, often an oral contract
Preliminary negotiation
parties who commence the contracting or bargaining process.
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