Category: Legal English

What is the difference between a promisor and promisee?

A promisor is someone who makes a promise to a promisee. Promisor is important in contract law because we are usually asking  whether the promisor is legally obligated to keep his promise. For example, if A promises to pay B $500 then A is the promisor and B is the promisee.  Contract law will tell us whether or not a court will make A liable if he does not keep his promise.  Consider the following, A promises to pay B $500 and B says, “Great!  Now I can get that tablet computer I always wanted.”  Is A in legal...

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What does “cause of action” mean?

Historically, “cause of action” has had more than one meaning.  Today, when lawyers in the United States refer to a “cause of action” they usually mean a legal category or legal theory on which someone bases a lawsuit.  Remember, “action” means a lawsuit.  Cause of action would mean the legal grounds for the lawsuit, such as breach of contract or tort. For example, in the illustration below the pedestrian’s “cause of action” against the driver will be the tort of negligence because the driver carelessly injured the pedestrian while he was crossing the street. In some cases a party might assert multiple causes of action for one injury.  For example, a plaintiff might argue that he has a cause of action for breach of contract  because the defendant broke a promise.  In the alternative, the plaintiff might also claim to have a cause of action for fraud because the defendant lied when he made his promise....

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What is the difference between a “claim” and an “issue”?

A claim and an issue are very different. Claims Think of a claim as an assertion that is one is legally entitled to relief from a court.  Let’s say David promises to give Patty his bicycle on Tuesday.  Patty says, “Thanks for the present!” But on Tuesday David refuses to give her his bicycle. Patty decides to sue David.  She will claim that David harmed her by refusing to turn over the bicycle and that the court should help her.  She might claim that she had a contract with David and that David breached the contract. Issues Issues are legal questions that a court must answer before deciding a case. In Patty’s case against David the legal question might be, “Is a defendant required to give a bicycle to a plaintiff if he promised her the bicycle but both parties considered the bicycle to be a present and the plaintiff promised nothing in return?” To decide whether Patty should prevail on her claim the court would need to answer the issue of whether the promise to give a present is legally enforceable.  Put another way, the issue might be phrased as, “Was the promise to give a bicycle a contract between David and Patty that the court must enforce?” Of course, a claim can raise one issue or multiple issues.  The court will identify those issues that are relevant to the case and determine...

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Checks and Balances/Legal English Game

Checks and balances limit the power of each branch of the federal government.  The Constitution provides powers to each branch of government, including the legislative, executive, and judicial branches,  Each of these branches have powers that can prevent other brances from becoming too powerful. How well can you do on this game?   You can also try this quiz:   USLawEssentials Checks and Balances Quiz » Powered by...

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