Category: video

When does silence = acceptance of an offer?

Although our general rule is that acceptance requires some sort of overt manifestation that the offeree accepted an offer, sometimes silence is enough  to accept an offer. Remember, the elements of a contract are offer, acceptance, and consideration.  So how can an offeree accept an offer through silence? As discussed in the video above, if the offeree knows the terms of the offer, has an opportunity to reject the offer, but instead remains silent and accept the benefit of the offer, a court is likely to conclude that the offeree accepted the offer. The Restatement (Second) of Contracts Section...

Read More

How do parties make and oppose motions in the United States?

  The video above presents several important aspects of motion practice, including what a motion is, the notice of motion, supporting the motion, and opposing the motion. Keep in mind that different motions (and different courts) require different steps when making and opposing a motion.  For example, a motion for summary judgment pursuant to Rule 56 in federal court requires certain supporting documentation that would not be required for a Rule 12 motion to dismiss for failure to state a claim.  State court motions will look a bit different from state to state. Get a Civ Pro Quiz Ebook! 101 Civ Pro Questions and Explanations...

Read More

What are the major stages of passing a bill?

Stages of Passing a Bill How a Bill becomes a Law Step 1: Introduce the Bill A member of the Senate or the House of Representatives will introduce a draft version of the Bill. Step 2: Committee Review A committee will review the draft bill and edit it. Step 3: Floor Debate Depending on whether the bill was first introduced in the Senate or the House, that chamber will debate and vote on the bill.  If the bill fails, then the bill will die.  If that chamber passes the bill (e.g., House of Representatives) the other chamber (e.g., Senate) will then review, edit, and vote on the proposed law. Step 4: Reconciling the Act Once the bill passes one chamber of Congress it is known as an Act.  The other chamber must also vote on the Act.  But it is possible that the other chamber will modify the Act.  This creates an issue because the Senate and the House of Representatives cannot send different versions of the Act to the President.  Instead, a committee from both chambers of Congress will edit the Act so both chambers can vote on the same version. Step 5: Sending the Act to the President If Congress passes the same version, the Act will be sent to the President.  If the President signs the Act it will become a law.  The President might veto the law, in...

Read More

What is alternative liability?

Alternative liability is a legal principle that a court may apply in a negligence case when multiple defendants could have  caused plaintiff’s injury but the plaintiff cannot prove which one. Most classes will teach alternative liability as a way to shift the burden of proving causation from the plaintiff to defendants – – each defendant must prove he did NOT cause plaintiff’s injury otherwise defendants are jointly and severally liable to the plaintiff. Some legal scholars will analyze this on a deeper level and question whether it is really tied to causation. The case most commonly associated with alternative liability is...

Read More