Exam 1

Question 1

In general, contracts which are not for a legal and lawful purpose are

Answer 1

void

Question 2

A contract based upon the mutual exchange of promises is called

Answer 2

bilateral

Question 3

A contract that is enforceable by the courts is said to be

Answer 3

valid

Question 4

A contract in which the terms have been fully performed by all parties is said to be

Answer 4

executed

Question 5

A contract in which the duties and obligations of the parties are neither spoken in words nor written, but are indicated by their actions is known as

Answer 5

implied

Question 6

A contract in which the parties make their intention known by words, either oral or written, is what type of contract?

Answer 6

express

Question 7

A contract in which the parties make their intention known by words, either oral or written, is what type of contract?

Answer 7

express

Question 8

A contract in which the terms have not been fully carried out by all parties is

Answer 8

executory

Question 9

A contract that may be set aside by at least one of the parties is called

Answer 9

voidable

Question 10

The fact that a funeral contract is required to be in writing would mean that it is classified as what type of contract?

Answer 10

formal

Question 11

Mike contracts with Tim to purchase stolen goods. They have agreed on a price and both have agreed exactly what the stolen goods are. Mike has the cash to pay for the goods. Which requirement for a valid contract has not been met?

Answer 11

It is for a lawful purpose

Question 12

The power or authority that each court has to hear cases is called

Answer 12

jurisdiction

Question 13

The principle which holds that decisions of higher courts become binding upon lower courts and which establishes precedents for future similar cases is:

Answer 13

doctrine of stare decisis

Question 14

The decisions of courts and the opinions of judges makes up

Answer 14

case law

Question 15

Laws enacted by local municipalities are known as

Answer 15

ordinances

Question 16

Laws which are issued by special agencies created by legislative bodies are known as

Answer 16

administrative laws

Question 17

Laws enacted by state or federal legislative bodies are known as

Answer 17

statutes

Question 18

Laws based upon the customs of the people in a community are known as

Answer 18

common law

Question 19

The party who initiates the lawsuit is the

Answer 19

plaintiff

Question 20

The original document which is filed by the plaintiff and initiates legal action is the

Answer 20

petition/complaint

Question 21

A notice of a complaint that is given to the defendant, giving a time frame within which to respond is the

Answer 21

summons

Question 22

Courts with a specific, limited jurisdiction would be known as

Answer 22

special courts

Question 23

An individual who is trained and licensed to practice law is a/an

Answer 23

attorney

Question 24

The highest court in the land

Answer 24

U.S. Supreme Court

Question 25

Rules of conduct prescribed by a government and its agencies for the performance of business transactions is the definition of

Answer 25

business law

Question 26

The failure to exercise the duty of reasonable care is

Answer 26

negligence

Question 27

A criminal offense which is punishable by death or confinement in prison is a

Answer 27

felony

Question 28

An improper or negligent professional act is known as

Answer 28

malpractice

Question 29

The decision of a court is known as the

Answer 29

judgement

Question 30

A writ of certiorari is most often required to hear cases in the

Answer 30

U.S. Supreme Court

Question 31

The party against whom a lawsuit is brought is the

Answer 31

defendant

Question 32

Negligence involves all of the following EXCEPT

1) act of omission
2) act of comission
3) failure to exercise ordinary care
4) all of these are related to negligent care

Answer 32

all of these are related to negligent care

Question 33

After the services and disposition have been completed it will be several weeks until the grave marker the family purchased from the funeral home is delivered and installed on the grave, thus making this contract

Answer 33

executory