Student: Common Law and Specific Performance Essay

Submitted By abruce84
Words: 1352
Pages: 6
Open Document
Prima Facie Elements: Cause of action any legal wrong for which a remedy may exist.
Defined prima facie case: A case in which the plaintiff has produced sufficient evidence of his or her claim that the case can go to a jury; a case in which the evidence compels a decision for the plaintiff if the defendant produces no affirmative defense or evidence to disprove the plaintiffs assertion.
Equity = Fairness
Breach of Contract = Action of Law
Legal complaint
Specific performance = action in equity
A decree (court ruling or official order) for specific performance is an equitable remedy (a relief given to an innocent party to enforce a right or compensate for the violation of a right (chart on p. 13—Action at law)

Example of cause of action:
Negligence (prove the prime facia elements)
1. Duty
2. Breach
3. Causation
4. Injury
Fruad (prove the prima facia elements)
1. Material misstatement of a fact
2. “Sinister” will deceit (dishonest practice or something done to mislead)
3. Justifiable reliance
4. Causation (cause or act of causing)
5. Injury

Legal = money damages

The Common Law be described as:
a.) General legal principles that have evolved over time through court decisions.
A cornerstone (vital person or thing) of both American and English legal system is:
b.) The doctrine (rule or principle) of stare decisis.
Defined stare decisis: A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
When the highest court in a jurisdiction (such as the State of California) federal system has decided a fact pattern similar to the one currently in dispute and the law stated in the precedent (example for later action or decision) case clearly applies.
Precedent is not caste in stone because it might be outdated, social, technological advances and environment advances.
Unconscionable (morally unacceptable)

California Commercial Code (An example of California Commercial Code: 2-302)
More liberal (broad-minded, progressive politically or socially)
Inferior transactions
Applies to sale or lease of moveable goods
Traditional Contract Law
Very strict
All other contracts
3rd party agreement is called a Novation original lessee should request novation (renewal of contract—get new contract) The novation should state that Mr. Smog is free and clear and new contract is with lessor T.F. and Mr. Bankruptcy.

Equitable remedy: not money damages
Equity = require an action or stop an action
Injunctions (people need injunctions to stop something they wouldn’t be able to legally)
Write of mandate
Govt. agency required by the courts to do their job
Specific performance (equitable remedy) – subject matter is rare and or unique
Defined Equitable Remedy: Court-ordered action that directs parties to do or not to do something; such remedies include injunctive relief and Specific Performance. Alternatively, a non-monetary remedy, such as an Injunction or specific performance, obtained when a legal remedy such as money damages cannot adequately redress the injury.

Arbitrator Award
Does an arbitrator have to follow your agreement?
Not necessarily, the only way to appeal an arbitrator award is if you can prove:
1. Bias, undue influence, fraud or material mistake
2. Agreement violates public policy

Arbitrate—Expensive
American Arbitration Association
End Dispute
Jams
Trial de novo = start over with trial

Contractual Arbitration
1. Arbitrator does not need to be an attorney
2. Arbitrator does not have to fallow the law to make a decision on business principles
3. Arbitrator award is unreasoned
4. The award is binding and appeals happen 2% of the time (rare)
Judicial Arbitration—($5000 of less)
1. Must be an attorney
2. Follow law
3. Arbitration may be reasoned or unreasoned
4. Non-binding and can appeal

3 Types of Arbitration
1. Labor Arbitration
a. Arbitration attorney
b. Must follow the law (collective
Show More

Related Documents: Student: Common Law and Specific Performance Essay

Learning and Educational Supervision Essay

Educational supervision involves the teaching of specific skills and competencies, helping the learner to develop self-sufficiency in the ongoing acquirement of skills and knowledge. Educational supervision sometimes includes an element of assessment and may require the provision of pastoral care for some students or trainees. It is important that the educational supervisor flags up any concerns at an early stage (see also the Managing Poor Performance module). Mentoring, coaching and appraisal…

Words 645 - Pages 3

Essay on Student Growth Objectives

What are Student Growth Objectives (SGO)? According to the NJDOE, “Student Growth Objectives (SGOs) are academic goals for groups of students that are aligned to state standards and can be tracked using objective measures.” SGOs should be developed using a comprehensive collection of available student data, and created to be rigorous, yet attainable. Assessments used to measure SGOs can include national standardized tests; statewide assessments; or locally-developed measures such as tests, performance…

Words 4077 - Pages 17

Abuse Prevention Interventions

learning approach comes into play in junior high school and middle school grades and focuses on resisting peer pressure, and media pressure. The program discovered that there are 10 factors that contribute to students using anabolic steroids, listed in the book.…

Words 1234 - Pages 5

Persuasive Speech On Standardized Testing

General Purpose: To Persuade II. Specific Purpose: By the end of the speech, the audience will be convinced of the detrimental effects of standardized testing and will feel compelled to sign a petition. III. Thesis/Central Idea: The ample amount of flaws of our education system are caused by the excessive emphasis on standardized testing which can be solved if they are abolished. I. Introduction A. Attention Material: Einstein once said, “If you judge a fish by its ability to climb a tree, it will…

Words 1055 - Pages 5

Revision HUMAN RESOURCE Essay

HRM is involved with ‘hiring and firing’ staff, and everything in between – acquiring the right people with the right skills, training and motivating employees for better performance, and ending employment when necessary. Outsourcing Contracting out noncore business functions of the business -Allow specialist to complete specific tasks -saves time and resources -Reduce costs & improves quality -Human resource function Outsourcing HRF such as recruitment, leadership training, mediation allows firms…

Words 2393 - Pages 10

The Relationship Between Arousal And Athletic Performance

The Relationship Between Athletic Performance and Arousal I. Introduction Psychology defines arousal as being alert, physically and mentally. The most prominent body system involved is the human brain, which contributes to alertness and the readiness to move. Their are different signs of arousal but the most common are, blood pressure, heart rate and quick responses. Arousal allows people to seek the required needs to live and some people seek to gain beyond what they require. The different levels…

Words 924 - Pages 4

Leadership in Education Essay

Act (IDEA) The laws, court decisions, and legislation pertaining to the rights of people with special needs are quite extensive. Even those pertaining to the educational arena can be almost overwhelming in their number and complexity. Applications range from addressing the needs of individuals with physical disabilities to addressing the needs of individuals with specific cultural characteristics which make special educational provisions a necessity. The laws which are on the books regarding…

Words 3007 - Pages 13

Working With And Leading People Essay

ASSIGNMENT COVER SHEET Please complete ALL sections below. Student I.D Surname _____________henry_______________ Intake First Name ____tashania_______________________ Programme ______________________________ Module Code _________________________ Submission Date _______________________________________ Module Name____ ___working with and leading people _____________________________________________________________________ Assignment Title ............................................................…

Words 6761 - Pages 28

Research Paper On Tourette Syndrome

Research Paper Specific Learning Disability: Tourette Syndrome Rebecca De Lira Child 68 11/26/14 I. Introduction Specific Learning Disability involves difficulties learning and using academic skills. It may affect the ability to listen, think, read, write, spell, or do mathematical equations. This disorder is an umbrella to many subcategories such as ADD, ADHD, dyslexia, etc. The reason I chose this disability is because one of my cousins falls into this disability. He has had a moderate case…

Words 2181 - Pages 9

Education: Education and Knowledge Essay example

and the ability to bounce back from failure? These skills are associated with understanding the value of knowledge, but many education institutions don’t consider these skills. There is a huge, disconnected gap, which is a problem for high school students in particular. Thomas Edison, Henry Ford and many other super achievers never finished grade school. They succeeded because they knew how to research, collect information for a selected project and process knowledge. Classroom environment does…

Words 1723 - Pages 7