BusinessLawGroup9 - 1 Discuss the constitutional...

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1 Discuss the constitutional limitations when drafting a criminal statute. Constitutional limitations – expo facto (future conduct, not past), no bills of attainder, no denying writs of habeus corpus, no denying first amendment rights, no denying due process rights, no denying equal protection clause. 2 Briefly discuss the elements of a crime. Elements of a crime: 1. Statute/code in the books at the time the criminal act was committed making it a criminal act (Criminal acts defined by law) 2. Before a person can be prosecuted in criminal court they are entitled to corpus delicti 3. Proof beyond a reasonable doubt – for a person to be convicted in criminal court, the state must prove beyond a reasonable doubt that the person has the requisite state of mind at the time they committed the criminal act 3 Discuss the various types of contract laws in the United States. 1. Contracts under seal - enforceable legal document only if it was stamped with a seal which intended the agreement entailed legal consequences 2. Expressed contracts - parties state the terms either orally or in writing at the time of its formation 3. Implied contracts - consists of obligations arising from a mutual agreement & intent to promise which have not been expressed in words 4. Executed & executory contracts - contract in which nothing remains to be done by either party. contract in which some future act or obligation remains to be performed according to its terms 5. Bilateral & Unilateral contracts a. Bilateral - exchange of mutual, reciprocal promises between entities that entails the performance of an act or forbearance from the performance of an act with respect to each party b. Unilateral - involves a promise that is made by only one party. Only the offeror makes the promise will be legally bound 6. Unconscionable contracts - unjust or unduly one-sided in favor of the party who has the superior bargaining power 7. Adhesion contracts - drafted by the party who has the greater bargaining advantage, providing the weaker party with only the opportunity to accept the contract or reject it (take it or leave it) 8. Aleatory contracts - mutual agreement the effects of which are triggered by the occurrence of an uncertain event 9. Void & Voidable contracts a. Void - imposes no legal rights or obligations upon the parties & is not enforceable by a court (not a contract at all) b. Voidable - legal enforceable agreement but may be treated as never having been binding on a party who was suffering from some legal disability or who was a victim of fraud at time of its execution 4 What are the various types of delivery terms under Article 2 of the Uniform Commercial Code. 4a. Discuss the nine articles of the Uniform commercial code. 5 Discuss the basic elements of Article 2 of the Uniform Commercial Code.
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6 What are the performance obligations of the buyer under Article 2 of the Uniform Commercial Code?
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  • Fall '14
  • Uniform Commercial Code

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