BA30102 F21 FINAL
1. The substantive law deals with the behavior of an individual whereas procedural law deals
with rules applied to the courts and the authorities.
2. Substantive law has to do with the procedures which must be followed by the authorities in our
judicial systems.
3. In order to curtail a fundamental freedom in any way, the state must show any connection between that restriction and a legitimate state interest.
4. The burden of proof in a civil matter is “Beyond a reasonable doubt”.
5. JNOV or “judgment not withstanding the verdict” is where the judge renders a verdict in favor of the defendant regardless of the jury’s verdict for the plaintiff.
6. In order for a crime to be shown, there must be proof that each and every element of the crime has been committed. For negligent tort, each aspect of the tort formula, including both actual and proximate cause must be shown proven.
7. In order for one to not be held liable in tort, one must have acted as would a reasonable
prudent person in the same or similar circumstances.
8. One cannot have proximate cause without actual cause. One cannot have actual cause
without proximate cause.
9. Duty, breach, causation (both actual and proximate), and usually damages must occur in
order for there to be a viable lawsuit in tort.
10. A unilateral contract is a promise for a promise, whereas a bilateral contract is a promise for an
act. Unilateral contracts are not actually contracts all, but are “held-together” with “detrimental
reliance.”
11. In order to for a patent to issue, the invention must be novel, not obvious, and
commercially viable.
12. If a bailment is for the sole benefit of the bailee, then the duty of care is to take great care of the
item.
13. Tenancy in common includes the right to survivorship.
14. A counter offer nullifies an offer.
15. The difference between adverse possession and proscriptive easement is that adverse
possession cannot lead to outright ownership of the land.
16. Melba and Fred cannot own property in joint tenancy unless they are married.
17. Jake sells a house to Mel. He then, unknown to Mel, sells the house to Sam. Jake,
unknown to Mel and Sam, sells the house to Hari – who knows of the sales to Mel and
Sam. Sam runs off to the recorder’s office and is the first of the three to record the deed. Sam
records second. In a pure race statute jurisdiction, Hari gets the house. In a
race-notice jurisdiction, Sam gets the house.
18. Fred said to Sam, “Sam, if you promise now to mow my lawn on Saturday, I will pay you
$100.00.” Sam said “I promise.” This is a binding bilateral contract.
19. Junior, a 16 year old looking like he is 27 came into Slippery Sam’s Scooter Sales wanting
to buy a scooter. Sam did not know Junior was underage and so sold him a scooter on
installments. Just after riding the scooter off of the lot, Junior accidentally demolished
the scooter. Junior must pay for the scooter.
20. If Tom fools Max into signing a contract, if the contract is non-binding it will more likely be due procedural unconscionability rather than substantive unconscionability.
21. Prior to the agreed upon activity being completed, the “glue” which holds a unilateral contract
agreement together is “detrimental reliance” and/or “unjust enrichment”.
22. Ambiguity in a contract is generally interpreted against the author of the contract.
23. Fred said to Clem, “I would like to sell you my car for 1,000.” Clem said; “I agree.” This is an offer by Fred to sell his car, and a valid acceptance by Clem to buy the car.
24 Fred said to his son, Microfred, “Micro, given that you are only 15 years old, I will pay
you $10,000 in gold bullion if you will refrain from smoking for six weeks.” Micro
refrained from smoking for six weeks and then came to Fred for payment. Legally, Fred
owes Micro nothing.
25. Fred said to Melba, “Melba, you have been really nice to me. For that I will pay you 500.” This
is not binding due to a lack of consideration.
26. The contract for the sale of real property is not binding unless in writing.
27. A party to a breached contract has a duty to mitigate the damages.
28. The Statute of Frauds basically states that all contracts need to be in writing in order to be binding.
29. The U.C.C. is an attempt to facilitate contracting between merchants by providing a standardized set of contracting rules.
30 An option contract between non-merchants is not binding without consideration.
31. A gratuitous bailment requires that the bailee take specific measures to protect the items in his
control.
32. Donee and creditor beneficiaries have standing to sue, whereas incidental beneficiaries do not.
33. The warranty of merchantability must be explicit in order to be binding.
34. Unlike litigation, arbitration does not afford the parties Constitutional projections.
35.. Privity of contract is necessary in order for a non-purchaser to have rights against a defective
product.
36. In the world of product liability, manufacturers generally bear a duty to “make safe or
warn.” This includes warnings against foreseeable misuse of the product.
37. If Fred wants to give his bank account proceeds to Melba should Fred die, he should hold the
bank account as a Totten Trust or a Pay On Death(POD) account, but likely not in joint tenancy.
38. In California, the trustee can split the contents of a trust in any manner in which the
beneficiaries agrees long as the trustee has the power to divide the assets “in like or in
kind” among the beneficiaries.
39 A typical “living trust” is revocable by the owner of the trust any time prior to his death.
40. Fred gave Melba a durable power of attorney over Fred’s financial and perhaps other
matters. This means that Melba has the power to deal with all such matters until Fred’s
death, incapacity, or revocation of the power by Fred.
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