Definitions and examples of legal terms


Please read directions fully and execute exactly as instructed with no variation. The purpose of the definitions assignment is to move students beyond mere familiarity with legal terminology, to understanding what the terms mean. There are two parts to the assignment: First, you must give a definition or rule of law for each term. The definition need not be in a student’s own words. Any reliable legal source may be used, such as Black’s Law Dictionary, Clancey’s Outlaw, commercial law outlines, etc. so long as the definition is correct, concise, and includes all necessary elements. We do not recommend Wikipedia, websites containing other law students’ work, or similar sources, as the information may not be accurate. Second, in their own words, students must provide either: 1) a short hypothetical which shows an understanding of the term by illustrating or providing an example of its usage; or 2) a further explanation of detailed information concerning the term. It is not sufficient to simply restate the rule provided in part one in one’s own words—an illustration or additional information that demonstrates an understanding of the term or rule must be included. ALL PAGES MUST BE SET UP THE FOLLOWING: NAME                                                                                                                                                                                   1L EMAIL                                                                                                                                                                                   COURSE DATE                                                                       EXAMPLE ONLY                                                                                                          ASSIGNMENT 1. Contract: A contract is an agreement between two or more parties which the law will enforce. (Clancey’s Outlaw) Example: When John signed the contract with the local Ford dealer to buy a new car, it was an agreement between two parties: John and the dealer. The law will enforce the agreement because it was mutually agreed to, and it is supported by consideration through the exchange of the car for the price. 2. Privity of Contract: Privity of contract is the relationship between the parties to a contract, allowing them to sue each other but preventing a third party from doing so.(Black’s Law Dictionary) Example: In the above example, John and the dealer are in privity of contract since they are the two parties to the contract. So, if John doesn’t make his payments, the dealer can sue John. 3. Uniform Commercial Code: The Uniform Commercial Code is a uniform law that governs commercial transactions, including sales of goods, secured transactions, and negotiable instruments. The UCC has been adopted in some form by every state. (Black’s Law Dictionary) Example: The UCC governs the contract between John and the local Ford dealer because the contract is for the sale of goods. 4. Goods: Goods are tangible chattels that are moveable and identifiable to the contract at the time of formation. (Clancey’s Outlaw) Example: A car is good because it is a tangible item that can be moved. In the contract between John and the local Ford dealer, the car would be identified in the contract. 5. Predominant Factor Test: Usually the court will apply the “predominant factor test” to see if the contract’s primary purpose is the sale of goods or provision of services and then apply the appropriate law.  (Clancey’s Outlaw) Example: Sally hired Mike to paint her house, for a price of $4,500, which includes the paint. Although paint is good, the common law will likely govern the contract because the primary purpose of the contract was not the sale of paint; it was the service of painting Sally’s house.

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