Exam 1 Flashcards
In general, contracts which are not for a legal and lawful purpose are
void
A contract based upon the mutual exchange of promises is called
bilateral
A contract that is enforceable by the courts is said to be
valid
A contract in which the terms have been fully performed by all parties is said to be
executed
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
implied
A contract in which the parties make their intention known by words, either oral or written, is what type of contract?
express
A contract in which the parties make their intention known by words, either oral or written, is what type of contract?
express
A contract in which the terms have not been fully carried out by all parties is
executory
A contract that may be set aside by at least one of the parties is called
voidable
The fact that a funeral contract is required to be in writing would mean that it is classified as what type of contract?
formal
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?
It is for a lawful purpose
The power or authority that each court has to hear cases is called
jurisdiction
The principle which holds that decisions of higher courts become binding upon lower courts and which establishes precedents for future similar cases is:
doctrine of stare decisis
The decisions of courts and the opinions of judges makes up
case law
Laws enacted by local municipalities are known as
ordinances
Laws which are issued by special agencies created by legislative bodies are known as
administrative laws
Laws enacted by state or federal legislative bodies are known as
statutes
Laws based upon the customs of the people in a community are known as
common law
The party who initiates the lawsuit is the
plaintiff
The original document which is filed by the plaintiff and initiates legal action is the
petition/complaint
A notice of a complaint that is given to the defendant, giving a time frame within which to respond is the
summons
Courts with a specific, limited jurisdiction would be known as
special courts
An individual who is trained and licensed to practice law is a/an
attorney
The highest court in the land
U.S. Supreme Court
Rules of conduct prescribed by a government and its agencies for the performance of business transactions is the definition of
business law
The failure to exercise the duty of reasonable care is
negligence
A criminal offense which is punishable by death or confinement in prison is a
felony
An improper or negligent professional act is known as
malpractice
The decision of a court is known as the
judgement
A writ of certiorari is most often required to hear cases in the
U.S. Supreme Court
The party against whom a lawsuit is brought is the
defendant
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
all of these are related to negligent care
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
executory
