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Exam (elaborations)

CNST 420 || with 100% Errorless Answers.

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Statutory Law correct answers Drafted/Passed by congress and various state legislatures Constitutional Law correct answers -Federal -State: May mirror the federal Constitution Criminal Law correct answers All criminal law is statutory Tax law correct answers Statutory and exists on both the federal and state levels Common Law correct answers Plays an important role in the formation of these bodies of law: 1. Covers contract formation 2. Contract interpretation 3. Contract enforcement 4. Rules for breach of contract 5. Defense against contract formation/interpretation Property Law: correct answers Governs individual rights in property both real (land) and personal Civil or tort law correct answers Basically negligence, but also includes concepts like nuisance, and non-criminal assault, battery, conversion, etc.. Administrative Law correct answers Rules established by various government agencies -Creates constitutional and statutory law -Impacts conduct by various agencies Construction Involves correct answers -Contract law -Property law -Tort law -Statutory laws Contract law correct answers Governs the contracts formed between the parties breach of contract correct answers The failure, without legal excuse, of a promisor to perform the obligations of a contract. Contract correct answers An agreement between two or more parties that are enforceable or otherwise recognizable under law (Black's Law Dictionary) Agreement correct answers the manifestation by two or more persons of the substance of a contract Assent correct answers Agreement, approval or permission verbal or non-verbal conduct reasonably interpreted as willingness

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Institution
CNST 420
Module
CNST 420

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CNST 420 || with 100% Errorless Answers.
Statutory Law correct answers Drafted/Passed by congress and various state legislatures

Constitutional Law correct answers -Federal
-State: May mirror the federal Constitution

Criminal Law correct answers All criminal law is statutory

Tax law correct answers Statutory and exists on both the federal and state levels

Common Law correct answers Plays an important role in the formation of these bodies of law:
1. Covers contract formation
2. Contract interpretation
3. Contract enforcement
4. Rules for breach of contract
5. Defense against contract formation/interpretation

Property Law: correct answers Governs individual rights in property both real (land) and
personal

Civil or tort law correct answers Basically negligence, but also includes concepts like nuisance,
and non-criminal assault, battery, conversion, etc..

Administrative Law correct answers Rules established by various government agencies
-Creates constitutional and statutory law
-Impacts conduct by various agencies

Construction Involves correct answers -Contract law
-Property law
-Tort law
-Statutory laws

Contract law correct answers Governs the contracts formed between the parties

breach of contract correct answers The failure, without legal excuse, of a promisor to perform the
obligations of a contract.

Contract correct answers An agreement between two or more parties that are enforceable or
otherwise recognizable under law (Black's Law Dictionary)

Agreement correct answers the manifestation by two or more persons of the substance of a
contract

Assent correct answers Agreement, approval or permission verbal or non-verbal conduct
reasonably interpreted as willingness

, Mutual assent determined by an objective standard correct answers The apparent intention of the
parties as manifested by their actions

Bargain correct answers An agreement between parties for the exchange of promises of
performances

Exchange correct answers The act of transferring interests, each in consideration for the other

Obligation correct answers A legal duty to do or to not do something; a formal acknowledgement
of a liability to pay or do a certain thing for a person or party

Consideration correct answers Something bargained for and which motivates a person to do
something to engage in a legal act

Contract information correct answers The formation of a contract requires an exchange or
bargains which manifest mutual assent by the parties and a consideration

Manifestation of mutual assent correct answers Requires each party to make a promise or begin
or render a performance

Conduct as manifestation of assent correct answers May be made wholly or partially by written
or spoken words or by other acts or failure to act

Contracts for services correct answers A construction contract is a contract for service I.e., The
service of building something of another person in exchange for a benefit usually money

Contracts for goods correct answers Uniform Commercial Code a construction project also
involves the purchase of goods

Statute of frauds correct answers A contract law principle sourced from the common law that
establishes when a contract MUST be in writing

Typical contract structure correct answers -Prime agreement
-Subcontract Agreements
-Tier Subcontractor Agreements
-Contracts with material-men

parol Evidence correct answers Extrinsic evidence used to prove the parties' intent and thus the
meaning of contract terms. The Parol Evidence Rule governs how this evidence can be used or
even if can be used

Entire contract correct answers The goal in construing a contract by any court is to arrive as
close as possible at the parties' original intent

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Institution
CNST 420
Module
CNST 420

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