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86 Cards in this Set
- Front
- Back
A contract that is legally binding and fully enforceable is known as
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A valid contract
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A proposal made by one party that he or she is willing to enter a contract is known as
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An offer
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A contract that has no legal effect is known as
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Void
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Any agreement that is enforceable by law is known as
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a contract
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A contract that comes about by the acts of the parties is known as
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implied in fact
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An unqualified agreement by the offeree to be bound by the offer is known as
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acceptance
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An offer that has been changed by the offeree is known as
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counter offer
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A contract stated in oral or written words is known as
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express contract
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A contract in which both parties make promises is known as
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bilateral contract
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A contract in which one party makes a promise in exchange for an act is known as
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unilateral contract
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A person is no longer a minor when he/she reaches the age of
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majority
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Minors may avoid or ___ their contracts if they choose to do so.
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rescind
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Minors are held for the fair value of
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necessaries
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A person who looks after the affairs of an incompetent person is a(n)
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guardian
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Incompetent persons lack the ___ to contract
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capacity
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A person who has not reached the age of majority is a
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minor
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In legal terms minority is the same as
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infancy
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A person who is living in this country but owes allegiance to another country is called an
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alien
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Minors may be bound by their contracts if they approve or ___ those contracts
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ratify
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A person who has not yet reached his or her 18th birthday is still in the age of
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minority
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A doctrine under which no consideration is needed is called
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promissory estoppel
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The act of refraining from one's legal rights is known as
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forbearance
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A doctrine under which no consideration is needed is called
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promissory estoppel
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The act of refraining from one's legal rights is known as
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forbearance
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An exchange of benefits and detriments by the parties to an agreement is known as
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consideration
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An exchange of benefits and detriments by the parties to an agreement is known as
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consideration
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A ___ is something for which no consideration is received
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gift
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A ___ is something for which no consideration is received
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gift
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Contracts which appear at first glance to bind the parties but which actually do not are said to be
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Illusory
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Contracts which appear at first glance to bind the parties but which actually do not are said to be
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Illusory
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___ Involves giving up something that one has the legal right to keep
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Detriment
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___ Involves giving up something that one has the legal right to keep
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Detriment
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A____ contract is one in which the consideration is ridiculously low
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unconscionable
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A____ contract is one in which the consideration is ridiculously low
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unconscionable
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A(n)_____ is something that a party was not previously entitled to recieve
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benefit
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A(n)_____ is something that a party was not previously entitled to recieve
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benefit
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A free agreement is also called a(n) _____ agreement
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gratuitous
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Accord and ____ may solve the problem when people disagree on the amount owed in a contractual situation
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Satisfaction
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A free agreement is also called a(n) _____ agreement
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gratuitous
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Accord and ____ may solve the problem when people disagree on the amount owed in a contractual situation
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Satisfaction
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The taking back of an offer by the offeror is called
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revocation
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A contract that amounts to nothing and has no legal effect is
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void
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A contract that contains a promise by both parties is
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bilateral contract
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To be effective, an offer must be communicated to the
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offeree
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The wrongful failure to perform a promise set forth in a contract is
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breach of contract
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If a valid offer is met with a valid acceptance, the result is
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genuine agreement
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Oral statements made before signing a written contract are not admissible as evidence under the
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Parol Evidence Rule
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Minors may__ contracts
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discharge all contracts for nonessentials
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A request to have additional time to do what you have agreed to do under a contract is
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valid if accompanied by additional consideration
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Threats of a business nature that cause a person to enter into a contract w/o real consent would qualify as
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economic duress
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A mutual mistake is known as
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a bilateral mistake
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A deliberate deception to secure unfair of unlawful gain is
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fraud
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A fact that is important to one of the parties to a contract is
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a material fact
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Illegal agreements are
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void
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A substitution of one contract for another is
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accord and satisfaction
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A party's violation of an agreement before performance is required is called
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anticipatory breach
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Damages agreed upon by the parties when they first enter into a contract are called
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liquidated damages
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Martha is arrested for murdering her husband. which court has jurisdiction?
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the state supreme court b/c it's a felony even thought the prelims are at the district court
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Larry wants to sue Rob, but doesn't want to hire a lawyer (only sueing for 500$) In which court can Larry file suit?
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State district court, b/c that's where small claims are disputed and there are no lawyers- only for claims under $3,000
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Frank has been convicted of murder and sentenced to death penalty. He appeals his case to which court?
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State court of appeals
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What court has jurisdiction over copyright infringement?
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U.S Federal district court, b/c that is a federal offense
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Kelly is cited for her disruptive behavior on a city bus. Which court has jurisdiction?
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State district court b/c the case is a misdimeanor
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Sarah and Tom need to declare bankruptcy, in which court will they file?
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U.S Fed district court, filing for bankruptcy is a federal case
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Kelly and Kory need a divorce. Which court has ....
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State circuit court, family division.
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In a civil case the parties involved are the
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plaintiff vs. the defendant
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The relief/punishment in criminal cases is
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fine, imprisonment, death
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In a criminal case the jury must decide
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Guilty or not guilty
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In a civil trial the verdict must be decided by a
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majority vote
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What are the 5 sources of law
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consitution, common law, statutes, courts and administrative law
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A petition is a form of what?
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protected speech
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T/F an injured party may recover money damages for a tort?
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true
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T/F Truth is generally an absolute defense to defamation?
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true
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Generally torts arise from a violation of a ____ duty
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private
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Torts can be classified as
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intentional, negligence, and strict liability
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To sucessfully defend a claim of false imprisonment, a merchant must show
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that the merchant acted based on reasonable suspicion.
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T/F It is more difficult for prominent people and/or public officials to prove defamation?
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True
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The defense to negligence that distributes damages according to fault is
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comparative negligence
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When a person engages in a recreational sport, they may sue only if..
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the defendant was reckless and caused injury
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The elements of negligence are...
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duty, breach of duty, causation and injury
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T/F Negligence can be proven w/o showing actual damage
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False
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T/F Employers are liable for the torts of their emplyess if the torts are committed within the scope of the employees' employment.
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True
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Strict liability ONLy applied to manufacturers of dangerous or defective products T/F?
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false
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A ultrahazarous activity is defined as
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An activity in which even reasonable care could not remove the risk of harm
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The class ordered pizza from Pizza Hut and all became ill from salmonella poisoning. They may....
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Sue for strict liability
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Punitive damages will be awarded if...
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the plaintiff shows the defendant acted willfully and maliciously
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T/F kissing someone who does not want to be kissed could be considered battery
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true
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