LEGL 2700 Study Guide - Final Guide: Due Process Clause, Alternative Dispute Resolution, Supremacy Clause
8 May 2017
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Chapter 5- alternative dispute resolution: negotiated settlement, focus groups, mediation, non binding, arbitration, statutory, disputes within certain boundaries must arbitrate first, non-binding, voluntary/contract, binding, cannot appeal, separation of power, federalism. Invalid: pre-existing obligation, promise to make a gift, promissory estoppel, when you rely on another"s promise, defenses/claims, fraud. Intent to deceive: misrepresentation of fact, justified reliance on misstatement. Injury resulting from reliance: innocent misrepresentation, mutual mistake, duress, undue influence, rules of interpretation. Chapter 9- contract execution: common words given common meaning, handwritten words > typed terms > pre-printed terms, ambiguous terms interpreted against drafter of contract, parole evidence, oral evidence. Chapter 10-torts: a civil wrong based on law/legislation, 2 types. Intentional torts: fraud, material misrepresentation made to induce reliance, justifiably relied upon, and injury as a result, interfering with business relations. Injurious falsehood: publishing untrue statements to interfere with a business/product. Chapter 13-criminal law: 4th amendment: unreasonable search and seizure, require warrants, exceptions, for weapons during arrest, exigent circumstances.
