Chapter Seven - Capacity

Question 1

Avoid

Answer 1

Make a contract void; see also disaffirm

Question 2

Minor

Answer 2

A person who has not reached adult status, typically the day before his/her eighteenth birthday

Question 3

Majority

Answer 3

The age of adult status (typically 18)

Question 4

Infant

Answer 4

A minor

Question 5

Guardian

Answer 5

Individual with legal responsibility for the minor

Question 6

Administrator

Answer 6

Responsible for settling a person’s financial affairs after death; also called executor

Question 7

Agent

Answer 7

One who is authorized to act for or in place of another; representative

Question 8

Necessities

Answer 8

Things indispensable to life; reasonable needed for subsistence, health, comfort, and education, considering the person’s age, station in life, and medical condition

Question 9

Emancipation

Answer 9

Minor is no longer under care/control of an adult

Question 10

Restitution

Answer 10

Return of, restoration of, or compensation fro

Question 11

Fraud

Answer 11

False statement regarding a material fact, intended to deceive an individual who reasonably relies on the statement

Question 12

Disaffirm

Answer 12

Make a contract void; see Avoid

Question 13

Ratify

Answer 13

To acknowledge or validate a contract after its execution

Question 14

Express Ratification

Answer 14

To state or write intent to honor a contract or, if the contract has been executed, to acknowledge the contract

Question 15

Implied Ratification

Answer 15

Intent to honor contract or acknowledgment of contract can be inferred from behavior or words

Question 16

Cognitive Test

Answer 16

Mental incompetence determined by inability to understand the nature and consequences of a transaction

Question 17

Volitional Test

Answer 17

Mental incompetence shown by inability to act reasonably with respect to a transaction

Question 18

Adjudicated Incompetent

Answer 18

Court has declared person incometent

Question 19

Non-adjudicated Incompetent

Answer 19

Incompetence has not been determined by the court

Question 20

Void

Answer 20

With no legal effect from the outset

Question 21

Intoxicated

Answer 21

Under the influence of alcohol or drugs

Question 22

Guardian Ad Litem

Answer 22

Court-appointed person to advocate best interests of a child or incompetent during litigation

Question 23

Attorney for the Child

Answer 23

Attorney whose role is to advocate the child’s position

Question 24

LAP’s

Answer 24

Lawyers assistance programs