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| Consideration | what a person demands and generally must receive in order to make his or her promise legally binding
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| Gift | a transfer of ownership without receiving anything in return
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| Donor | person giving a gift
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| Donee | person receiving the gift
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| Forbearance | refraining from doing what one has the right to do
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| Promisor | a person promising an action of forbearance
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| Promisee | person to whom the promise is made
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| Legal Value | there has been a change in a party's legal position as a result of the contract
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| Nominal Consideration | token amount identified in a written contract when parties either cannot or do not wish to state the amount precisely
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| Output Consideration | agreement to perchase all of a particular producer's production
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| Requirements Contract | seller agreees to supply all of the needs of a particular buyer
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| Liquidated Debt | one where the parties agree that the debt exists and on the amount of the debt
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| Accord and Satisfaction | parties' agreement to change the obligation required by their original contract and the performance of the new obligation
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| Release | party settles a claim at the time the tort occurs, and the liability is unliquidated because the extent of damages is uncertain
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| Composition of Creditors | agreement by all creditors to accept something less than the total amount of their claims as full payment
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| Past Consideration | act that has already been performed cannot be consideration for a promise in the present
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| Statute of Limitations | state laws setting time limit for bringing a law suit
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| Promissory Estoppel | enforcement of a promise to avoid injustice by denying to the promisor the defense of lack of consideration
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| Fraud | intentional misrepresentation of an existing, important fact
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| Fraudulent Misrepresentation | if seller knows the statement is untrue
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| Innocent Misrepresentation | party to a contract does not know that a statement he or she made is untrue
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| Void | without legal effect
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| Material Facts | important facts that influence the parties' decisions about a contract
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| Mutual Mistake | both parties to a contract have an uncorrect belief about an important fact
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| Unilateral Mistake | occurrs when one party holds an incorrect belief about the facts related to a contract
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| Undue Influence | Occurs when one party to the contract is in a position of trust and wrongfully dominates the other party
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| Duress | when one party uses an improper threat or act to abtain an expression of agreement
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| Ratification | conduct that confirms you intend to be bound by the contract
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| Rescission | backing out of the transaction by asking for the return of what you gave and offering to give back what you received
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| Voidable | injured party can withdraw, thus cancelling the contract
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| Genuine Assent | true and complete agreement
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| Unilateral Contract | an offer where the offeror requires the offeree indicate acceptance by performing his or her obligations under the contract
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| Bilateral Contract | require that the offeree accept by communicating the requested promise to the offeror
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| Mirror Image Rule | requires that the acceptance must exactly match the terms contained in the offer
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| Acceptance | when a party to whom an offer has been made agrees to the proposal
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| Firm Offer | when a written offer contains a term stating how long it is to stay open
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| Option | if the offeree gives the offeror something of value in return for a promise to keep the offer open
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| Counteroffer | if the offeree changes the offeror's terms in important ways and sends it back to the offeror
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| Revocation | the right to withdraw an offer before it is accepted
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| Offer | proposal by an offeror to do something, provided the offeree does or refrains from doing something in return
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| Offeree | person to whom an offer is made
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| Offeror | person who makes an offer
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| Contracts | an agreement between two or more parties that creats obligations
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| Writ of Execution | process by which a judgment for money is enforced
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| Judgment | final result of a trial
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| Verdict | the jury's decision
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| Subpoena | wirtten order by the judge commanding a person to appear, give testimony, and perhaps present other evidence
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| Witness | someone who has personal knowledge of the facts
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| Expert Witness | witness who possesses superior knowledge about important facts
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| Testimony | consists of statements made by witnesses under oath
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| Evidence | includes anything that the judge allows to be presented to the jurt that helps prove or disprove the alleged facts
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| Injunction | court order for a person to do or not do a particular act
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| Strict Liability | holding a defendant liable without a showing of negligence
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| Conversion | using property in a manner inconsistent with the owner's rights
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| Trespass to Land | entry onto the property of another without the owner's consent
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| Invasion of Privacy | tort defined as the uninvited intrusion into an individual's personal relationships and activities in a way likely to cause shame or mental suffering in an ordinary person
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| Defamation | a false statement that injures a person's reputation or good name
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| False Imprisonment | the intentional confinement of a person against the person's will and without lawful privilege
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| Battery | harmful or offensive touching
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| Assault | occurs when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact
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| Intentional Torts | torts in which the defendant possessed the intent or purpose to inflict the resultant injury
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| Negligence | most common tort based on carelessness
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| Damages | monetary award intended to compensate the injured party for the harm done to him or her
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| Tort | a private or civil wrong
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| Plea Bargaining | agreement with prosecutor allowing defendant to plead guilty to a lesser crime than the more serious one he or she likely would be charged with
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| Punishment | any penalty provided by law and imposed by a court
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| Contempt of Court | action that hinders the administration of justice
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| Immunity | freedom from prosecution even when one has committed the crime charged
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| Criminal Insanity | generally exists when, because of a verifiable mental disease or defect, the accused does not know the difference between right wrong
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| Self-Defense | use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping
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| Procedural Defenses | based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished
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| Defense | legal position taken by an accused to defeat the charges against him or her
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| Probable Cause | a reasonable ground for belief
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| Arson | willful and illegal burning or exploding of a building
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| Conspiracy | agreement between two or more persons to commit a crime
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| Extortion | obtaining money or other property from a person by wrongful use of force, fear, or the power of office
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| Bribery | unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her public or legal duties
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| Forgery | falsely making or materially alteing a writing to defraud another
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| False Pretenses | obtaining money or other property by lying about a past or existing fact
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| Larceny | the wrondful taking of money or personal property belonging to someone else, with the intent to deprive the owner of it
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| Robbery | taking of property from another's person or immediate presence, against the victim's will, by force or causing fear
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| Burglary | variation of larceny. occurs when one enters a building without permission with the intent to commit a crime
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| White-Collar Crimes | offenses committed in the business world
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| Antitrust Laws | states that competing companies may not cooperate in fixing prices or in dividing sales regions
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| Misdemeanor | less erious crime, usually punishable by confinement in county or city jail for one year or less, by a fine of $1,000 or less, or both
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| Infractions | lesser misdemeanors where one can only be fined
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| Felony | crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000 or both-or even death
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| Vicarious Criminal Liability | substituted criminal liability
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| Crime | punishable offense against society
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| Probate Courts | courts that administer wills and estates
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| Juvenile Courts | courts that try individuals over 13 and under 18 years of age who have special status under the law
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| Small Claims Court | courts that handle disputes in which small amounts, generally $2,500 or less, are invloved
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| Municipal Courts | city court, usually divided into traffic and criminal divisions
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| Associate Circuit Courts | courts that hear minor criminal cases, state traffic offenses, and lawsuits involving amounts of no more than $25,000
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| Justice | title given to judges who sit on state supreme courts and the Federal Supreme Court
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| Court of Record | accurate, detailed report of what went on at a trial
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| Writ of Certiorari | Supreme Court issues this if they believe a case contains a constitutional issue sufficiently important
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| Specialized Jurisdiction | the ability to hear only one specific type of case (family court, traffic court, etc.)
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| General Jurisdiction | ability to hear almost any kind of case
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| Appellate Briefs | written arguments on the issues of law, submitted by opposing attorneys
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| Transcript | verbatim record of what went on at trial
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| Appellate Court | court that reviews decisions of lower courts when a party claims an error of law was made during the lower court's proceeding
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| Original Jurisdiction | power to hear the case in full for the first time
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| Verdict | decision in a case
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| Trial Court | court in which a dispute is first heard
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| Court | a governmental forum that administers justice under the law
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| Arbitrator | independent third party who develops a binding and enforceable resolution to a dispute
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| Mediator | independent third party who tries to develop a non-binding solution acceptable to both sides of a dispute
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| Litigate | to allow a court to resolve diputes
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