Terminology and Concepts in Criminal Procedure, Contract Law, and Business Ethics, Quizzes of Business and Labour Law

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TERM 1 Criminal Procedure DEFINITION 1 the process by which criminals are accused, tried, and sentenced TERM 2 Criminal Law DEFINITION 2 prohibits and punishes conduct that threatens public safety and welfare TERM 3 Restitution DEFINITION 3 a court order that a guilty defendant reimburse the victim for the harm suffered TERM 4 Beyond a reasonable doubt DEFINITION 4 the very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial TERM 5 Felony DEFINITION 5 a serious crime, for which a defendant can be sentenced to one year or more in prison TERM 6 Misdemeanor DEFINITION 6 a less serious crime, often punishable by less than a year in a county jail TERM 7 Guilty DEFINITION 7 a judge or jury's finding that a defendant has committed a crime TERM 8 Probable Cause DEFINITION 8 it is likely that evidence of crime will be found in the place to be searched TERM 9 Due Process DEFINITION 9 requires fundamental fairness at all stages of the case TERM 10 Grand Jury DEFINITION 10 a group of ordinary citizens that decides whether there is probable cause the defendant committed the crime with which she is charged TERM 21 Compliance Program DEFINITION 21 a plan to prevent and detect criminal conduct at all levels of the company TERM 22 Contract DEFINITION 22 A legally enforceable agreement TERM 23 Noncompetition Agreement DEFINITION 23 a contract in which one party agrees not to compete with another TERM 24 Bilateral Contract DEFINITION 24 a promise made in exchange for another promise TERM 25 Executory Contract DEFINITION 25 An agreement in which one or more parties has not yet fulfilled its obligations TERM 26 Executed Contract DEFINITION 26 an agreement in which all parties have fulfilled their obligations TERM 27 Voidable Contract DEFINITION 27 An agreement that may be terminated by one of the parties TERM 28 Void Agreement DEFINITION 28 a contract that neither party can enforce, because the bargain is illegal or one of the parties had no legal authority to make it TERM 29 Express Contract DEFINITION 29 An agreement with all the important terms explicitly stated TERM 30 Promissory Estoppel DEFINITION 30 A possible remedy for an injured plaintiff in a case with no valid contract, where the plaintiff can show a promise, reasonable reliance, and injustice TERM 31 Quasi-Contract DEFINITION 31 a possible remedy for an injured plaintiff in a case with no valid contract, where the plaintiff can show benefit to the defendant, reasonable expectation of payment and unjust enrichment TERM 32 Quantum Meruit DEFINITION 32 "As much as he deserves"-- the damages awarded in a quasi- contract case TERM 33 Offer DEFINITION 33 An act or statement that proposes definite terms and permits the other party to create a contract by accepting those terms TERM 34 Offeror DEFINITION 34 The person who makes an offer TERM 35 Offeree DEFINITION 35 The person to whom an offer is made TERM 46 Accord and satisfaction DEFINITION 46 A completed agreement to settle a debt for less than the sum claimed TERM 47 Exculpatory Clause DEFINITION 47 a contract provision that attempts to release one party from liability in the even the other is injured TERM 48 Bailment DEFINITION 48 Giving possession and control of personal property to another person TERM 49 Bailor DEFINITION 49 One who creates a bailment by delivering goods to another TERM 50 Bailee DEFINITION 50 A person who rightfully possesses goods belonging to another TERM 51 Oppression DEFINITION 51 One party uses its superior power to force a contract on the weaker party TERM 52 Adhesion Contracts DEFINITION 52 Standard form contracts prepared by one party and presented to the other on a "take it or leave it" basis TERM 53 Disaffirm DEFINITION 53 to give notice of refusal to be bound by an agreement TERM 54 Rescind DEFINITION 54 To cancel a contract TERM 55 Restitution DEFINITION 55 restoring an inujured party to its original position TERM 56 Ratification DEFINITION 56 words or actions indicating an intention to be bound by a contract TERM 57 Bilateral Mistake DEFINITION 57 occurs when both parties negotiate based on the same factual error TERM 58 Unilateral mistake DEFINITION 58 Occurs when only one party enters a contract under a mistaken assumption TERM 59 Duress DEFINITION 59 an improper threat made to force another party to enter into a contract TERM 60 Integrated Contract DEFINITION 60 a writing that the parties intend as the final, complete expression of their agreement TERM 71 Specific Performance DEFINITION 71 forces both parties to complete the deal TERM 72 Liquidated Damages Clause DEFINITION 72 a provision in the contract that declares in advance what one party will receive if the other side breaches TERM 73 Interest DEFINITION 73 a legal right in something TERM 74 Direct Damages DEFINITION 74 are those that flow directly from the contract TERM 75 Consequential damages DEFINITION 75 are those resulting from the unique circumstances of this injured party TERM 76 Incidental Damages DEFINITION 76 relatively minor costs that the injured party suffers when responding to the breach TERM 77 Cover DEFINITION 77 to make a good faith purchase of goods similar to those in the contract TERM 78 Reliance Interest DEFINITION 78 puts the injured party in the position he would have been in had the parties never entered into a contract TERM 79 Restitution Interest DEFINITION 79 is designed to return to the injured party a benefit he has conferred on the other party TERM 80 Rescission DEFINITION 80 To "undo" a contract and put the parties where they were before they made the agreement TERM 81 Reformation DEFINITION 81 A process in which a court will partially rewrite a contract TERM 82 Mitigate DEFINITION 82 to keep damages as low as reasonable TERM 83 Nominal Damages DEFINITION 83 a token sum, such as one dollar, given to a plaintiff who demonstrates a breach but no serious injury TERM 84 Liquidated Damages DEFINITION 84 A clause stating in advance how much a party must pay if it breaches TERM 85 Covenant DEFINITION 85 a promise in a contract TERM 96 Assignment of Rights DEFINITION 96 a transfer of benefits under a contract to another person TERM 97 Delegation of Duties DEFINITION 97 a transfer of obligations in a contract TERM 98 Force Majeure Event DEFINITION 98 a disruptive, unexpected occurrence for which neither party is to blame that prevents one or both parties from complying with a contract TERM 99 Goods DEFINITION 99 things that are moveable, other than money and investment securities TERM 100 Merchant DEFINITION 100 generally someone who routinely deals in the particular goods involved TERM 101 Unconscionable DEFINITION 101 a contract that is shockingly one-sided and fundamentally unfair TERM 102 Additional Terms DEFINITION 102 terms that raise issues not covered in the offer