| A | B |
|---|
| Aiding and Abetting | Not planned initially, do knowingly help/assit in crime |
| Conspiracy | 1. Actual plan and agreement 2. Willingly part of a group 3. Overt act "cann" 4. Overt act act part of plan |
| Associated Crimes | Conspiracy & Aiding and Abetting |
| Other Criminal Acts | Obstruction of justice, false information to a federal agency, Larceny, Endagery "wart", RICO |
| Business Related Crimes/ Fraud | 1. False Statement 2. Material Fact 3. Intent to defraud |
| 6th Amendment | 1. Right to speedy trial 2. Trial by jury 3. Subpoena 4. Right to know charges 5. Approach accuser 6. right to counsel |
| Types of Fee Simple | Fee simple absolute, fee simple defeasible |
| Types of Ownership | fee simple, leasehold estate, use estate, concurrent ownership |
| 5th Amendment | self incrimination, double jeopardy |
| Exceptions to 4th amendement | Give permission, surrounding "stu" - guns, weapons 3. Destruction of evidence 4. Not Private |
| 4th Amendment | illegal search and seizure, probable cause ("crim", find evidence) |
| Answer to Arraignment | guilty, not guilty, no contest (nolo contendere) |
| Initiating Criminal Case | Felony - Grand jury indictment, Misdemeanor - file informate, Arraignment |
| Misdemeanor | lesser crime, less than 1 year in jail |
| Classification of Criminal Act | felony or misdemeanor |
| Felony | More serious, 1 or more years in jail |
| Requirement to be a crime | 1. Criminal intent (Willingly and knowingly commit) -*Reckless conduct* 2. Criminal Act |
| White collar crime | 1. crime committed in business or a professional situation 2. trying to get personal or business advantage 3.money, service, property |
| Criminal Law | Charged by gov't for a crime against society |
| Excuses for nonperformance | 1. Impossibility 2. Waiver 3. Release |
| Contract performance | 1. Complete 2. Substantial 3. Material breach |
| Interpretation of contracts | 1. Ordinary meaning 2. Trade usage 3. Prior dealings 4. Parole Evidence 5. Against "draue" of contract |
| Exception to Statute of Frauds | 1. Judicial Admission 2. Part performance - land 3. Specific Manufacturing of Goods |
| Statute of Frauds | Have to write when 1. Interest involving land 2. Can't complete in 1 year 3. Sale of goods 500 or more 5. Pay debt of another |
| Remedies to Contract Breach | 1. Compensatory (liquidated, nominal) 2. Specific performance 3. Rescission |
| Breach of Contract | 1. Break obligational Contract 2. Not trying to harm- non-"isuachly" - make whole |
| Novation | The act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party |
| Assignment of Contract | 1. Give rights of contract to non-party 2. Cannot increase burdon 3. Not on specific skill |
| 3rd Party Beneficiary | 3rd party "expected" by contract 1. intended Beneficiary 2. Incidental Beneficiary |
| Other base to void contract | 1. Fraud 2. Misrepresentation 3. Duress 4. Undue Influence 5. "Munial" mistake |
| Consideration | 1. Give reason/incentive to follow through according to satisfaction 2. Promissory estoppel |
| Acceptance | 1. Mirror image 2. Mailbox Rule |
| Terminate Offer | 1. Revocation 2. Lapse of time 3. Provisions in offer 4. Illegal 5. Destruction of subject matter 6. insanity of offeror 7. Rejection or negotiation |
| 5 Components to Contract Formation | 1. Offer 2. Acceptance 3. Consideration 4. Capacity 5. "Lawful" purpose |
| Contract performance | executed, executory |
| Contract Enforcement | 1. Enforceable 2. Unenforceable 3. Void 4. Voidable |
| Expressed vs. Implied | 1. Specific demand or promise 2. Not specific exp 3. General (Implied by "tract" laws) |
| Bilateral vs. Unilateral | Both agree to make promise, mutual promise vs. Only 1 side makes promise |
| Types of Contracts | 1. Bilateral & Unilateral 2. Expressed & Implied |
