Concepts that apply broadly; check your own jurisdiction.
When a party fails to perform, the other side may recover damages or, in some cases, a court order to perform. This guide explains breach of contract and the remedies courts award, with the leading cases.
A contract that looks valid may still be unenforceable. This guide explains the main contract defenses — lack of capacity, mistake, misrepresentation, duress, illegality and unconscionability — with the rules courts apply.
Most contracts are enforceable even if they are oral. The statute of frauds lists the exceptions — contracts that must be in a signed writing. This guide explains the statute of frauds categories and the UCC rule for sales of goods.
A contract forms when one party makes an offer, the other accepts it, and each gives something of value in exchange. This guide explains contract formation under the Restatement (Second) of Contracts and the leading cases.
Due process requires notice and an opportunity to be heard before government deprives a person of life, liberty or property, and the APA builds those steps into federal agency action. However, both bind government, not private parties, so private notices do not create a binding administrative record.
The Constitution is the supreme written law; federal statutes and treaties rank equally beneath it, with regulations and court rules below them, and state law, including the UCC, controls unless it conflicts with valid federal law. Courts enforce natural-rights principles mainly through the Constitution and Bill of Rights.
De jure means lawful authority and de facto means authority in fact, and courts apply both concepts precisely. The historical turning points the essay names are real, and the courts resolved each of them within the constitutional order.
HJR-192 made debts payable dollar for dollar in legal tender, and the UCC discharge rules depend on real payment or agreement. 31 C.F.R. Part 328 governs banks’ endorsement of Treasury bearer bonds, and courts have rejected indorsed bills and coupons as payment.
Each IRS form has a defined statutory purpose, from fiduciary notices to payment vouchers. A voucher accompanies a payment rather than being one, and courts have upheld penalties and convictions for using bills of exchange or “accepted for value” instruments to pay tax.
Court registries hold money that parties deposit in particular cases, and CRIS invests it in Treasury securities for those parties. Bid, performance and payment bonds come from federal construction contracts, and courts have rejected the theory that every case generates bonds.
Looking for a state's court rules instead? See procedures for all 50 states and D.C.