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Final Flashcards

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0
Q

What two terms are commonly used in reference to contractual assent by each party?

A

Acceptance and offer.

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1
Q

All contracts must contain what?

A

Two parties who have legal capacity.

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2
Q

When making the interpretation of the terms of the contract, the court will apply what rule?

A

Plain meaning rule.

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4
Q

What is a series of laws regarding commercial transaction adopted in part or whole by all states?

A

Uniform commercial code.

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5
Q

Regarding contracts with persons without capacity, the theory of restitution is based on the principle of what?

A

Fairness.

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6
Q

What is a common defense against allegations of breach of contract?

A

Accord and satisfaction.

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7
Q

What rule specifies the types of contracts that must be in writing before they will be enforced?

A

Statute of frauds.

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8
Q

An exception to the parol evidence rule can occur when a party claims what?

A

Fraud in the inducement.

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9
Q

Name a theory that is not a theory of contract recovery.

A

Reapondeat superior.

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10
Q

Name a quality that a gift does not have.

A

The donor has paid the gift tax.

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11
Q

Name a remedy that we did not talk about as a possible remedy.

A

Aggravated damages.

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12
Q

Does the objective standard require that a third party would perceive that the parties agreed to the terms of the contract and intended for those terms to be legally binding?

A

Yes.

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13
Q

As recognized by most states, do negotiations constitute contractual agreements?

A

No.

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14
Q

As a general rule, are blanket advertisements considered offers in contractual agreements?

A

No.

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15
Q

Do courts use a subjective standard when evaluating a liquidated damage clause?

A

No.

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16
Q

Is an indefinite promise a valid offer? Can it lead to a valid, enforceable offer?

A

No.

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17
Q

Does the “parol evidence rule” generally bar the admission of oral contradictions to the written contract?

A

Yes.

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18
Q

Can a person enter into a contractual agreement with himself or herself?

A

No.

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19
Q

Did the statute of frauds originate in England? Does it lack applicability to modern law?

A

No.

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22
Q

Technically, lack of mental capacity only considers those individuals that fit into what category?

A

Legally adjudicated incompetent.

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23
Q

A case is considered testate when the descendant does what?

A

Dies with a valid will.

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24
Q

A valid will does not typically require what?

A

Witnesses who can testify to the specific intent of the testator.

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25
Q

Who can inherit in a “per stirpes” distribution?

A

Legal heirs only.

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26
Q

What are the inheritance rights of an illegitimate child?

A

The child has inheritance rights if paternity is established by adjudication or acknowledgement of the father.

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27
Q

Wills may not be contested on the grounds of what?

A

Lack of competence solely because of advanced age.

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28
Q

Guardians are ordinarily appointed in what?

A

CHINS cases, delinquency cases, and mental health commitments.

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29
Q

Under ordinary circumstances, a valid will must be what?

A

Witnessed, written, and signed.

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30
Q

Testamentary capacity includes what?

A

Understanding of assets and effects of a valid will.

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31
Q

What happens if a person is declared legally incompetent?

A

The guardian must periodically report to the court.

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32
Q

“Per capita” distribution bases inheritance rights on what?

A

Total number of heirs.

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33
Q

An action to have one declared legally incompetent must be based on what?

A

Disability that is mental in nature and origin.

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34
Q

A case is considered intestate when the descendant does what?

A

Dies without a valid will.

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35
Q

Intestate estates have what?

A

No valid will.

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36
Q

If the only will of a descendant is declared invalid, then does the estate become intestate automatically?

A

Yes.

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37
Q

Must most will contests establish proof beyond a reasonable doubt?

A

No.

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38
Q

Is “per stirpes” the most commonly applied distribution method for intestate estates?

A

Yes.

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39
Q

Does forced share apply only to surviving spouses?

A

Yes.

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40
Q

Is the administrator of an estate in probate a fiduciary?

A

Yes.

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41
Q

Is a guardian ad litem the same thing as a regular guardian, just for a shorter period of time?

A

No.

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42
Q

Is “per capita” the most commonly applied distribution method for intestate estates?

A

No.

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43
Q

A tort must involve what?

A

An element of compensable damage.

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44
Q

Strict liability applies when?

A

In cases of ultrahazardous activity.

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45
Q

Assumption of risk is what?

A

A defense to allegations of negligence.

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46
Q

Employers are generally responsible for what?

A

Negligent acts of employees while they are on the job.

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47
Q

Workers’ compensation laws are used for what?

A

To provide protection for employers and employees regarding work-related injuries.

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48
Q

Negligence requires what?

A

Duty, breach of standard of care, and compensable damage.

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49
Q

In a defamation case, a public figure seeking to recover must prove what?

A

Actual malice.

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50
Q

Reasonable conduct may require what?

A

Action, nonaction, and implied knowledge.

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51
Q

What is not a defense that we talked about in class?

A

Gross negligence.

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52
Q

We discussed the case of the Ford Pinto and McDonald’s coffee. Both were discussed in relation to what legal principal?

A

Tort reform.

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53
Q

The first torts were based on what?

A

Careless conduct resulting in harm.

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54
Q

“Res ipsa loquitur” is what?

A

Used when the plaintiff does not have access to evidence regarding causation.

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55
Q

Tort law originated where?

A

England.

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56
Q

Is it true that employers are generally not responsible for intentional torts but may be responsible for negligence of employees on the job?

A

Yes.

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57
Q

Generally speaking, if you have a right to institute a lawsuit against an agency of state government under the Indiana Tort Claim Act, must it be done within 180 days?

A

Yes.

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58
Q

In a case of negligence, is it true that the duty may have been to act or to refrain from acting, depending on the circumstances?

A

Yes.

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59
Q

Are the zone of danger and world at large theories synonymous terms?

A

No.

60
Q

Does the Indiana Tort Claim Act forbid the bringing of a lawsuit against a police officer for acts committed while on the job?

A

No.

61
Q

Are contributory and comparative negligence the same?

A

No.

62
Q

Will a person found to have committed an act of gross negligence be ordered to pay punitive damages?

A

Yes.

63
Q

Regarding legal rights of parties, dissolution of a legally recognized common law marriage treats the parties how?

A

As if they were in a contractual agreement.

64
Q

Enforceable antenuptial agreements include what?

A

Fair and full disclosure of the assets of the parties at the time of the agreement.

65
Q

Under the tender years doctrine the courts generally award custody of younger children to whom?

A

The mother.

66
Q

Antenuptial agreements usually do not address what?

A

Custody of children the parties expect to have.

67
Q

What is awarded in Indiana after a divorce to a spouse for a short period of time based on either incapacity or lack of property?

A

Maintenance.

68
Q

Divorce on the grounds of irreconcilable differences is what?

A

The method intended to be used when neither party wishes to prove blame for the dissolution.

69
Q

Legal separation does what?

A

Attempts to provide fairness between parties who are living separately.

70
Q

A valid and legal marriage requires what?

A

Legal capacity, voluntary assent by both parties, and appropriate statutory license requirements.

71
Q

In the majority of states, custody of a child is determined by what?

A

Examining the factors contributing to the child’s best interest.

72
Q

What results in voiding the marriage and returning the parties to the position they held prior to the marriage?

A

Annulment order.

73
Q

Were joint custody agreements traditionally disfavored by the courts?

A

Yes.

74
Q

Is the determination of custody based on the parent who is best able to provide financially for the child?

A

No.

75
Q

Is it possible in some circumstances to recover in a cohabitation situation based on a contract theory or unjust enrichment theory in Indiana?

A

Yes.

76
Q

Is failure to pay child support reason to stop visitation?

A

No.

77
Q

Is Indiana sometimes considered a “no fault” divorce state?

A

Yes.

78
Q

Are common law marriages recognized in Indiana?

A

No.

79
Q

Is the tender years doctrine declining in use?

A

Yes.

80
Q

Is an annulment granted only if conditions existed at the time of the marriage that prevented the legal requirements from being satisfied?

A

Yes.

81
Q

Are parties who live together generally considered part of a common law marriage?

A

No.

82
Q

Is custody the right to make all decisions with regard to the welfare and rearing of the minor child?

A

Yes.

83
Q

In what does each owner have an undivided interest in the property?

A

Tenancy in common.

84
Q

A partition action is an action to what?

A

Separate tenancies.

85
Q

Tenancy by the entirety also has the right of what?

A

Survivorship.

86
Q

A person with a life estate cannot do what?

A

Sell the property.

87
Q

Title insurance guarantees that the person selling the property does not what?

A

Have a clouded title, owe back taxes, or have an inferior title to someone else.

88
Q

Nonfreehold estates are commonly called what?

A

Leaseholds.

89
Q

Adverse possession in Indiana requires what special condition?

A

Payment of taxes.

90
Q

What is the most common type of real property ownership in the country?

A

Fee simple.

91
Q

Easements are classified as what?

A

Affirmative easement and negative easement.

92
Q

Generally speaking, the highest form of property deed is what?

A

A warranty deed.

93
Q

What is used to express ownership and interests in land?

A

Freehold estates.

94
Q

A joint tenant cannot do what?

A

Give his or her interest to heirs in a will.

95
Q

What refers to an individual who enters or remains on the property with no certain terms of agreement?

A

Tenant at will.

96
Q

Did we discuss in class that fee simple has now become interpreted as fee simple absolute in many US jurisdictions?

A

Yes.

97
Q

Is an easement a right of someone other than the owner to access the property?

A

Yes.

98
Q

Has the doctrine of implied warranty of habitability given way to caveat emptor in Indiana?

A

No.

99
Q

Concerning water running through a person’s property, is it generally acceptable to alter the flow of non-navigable streams or waterways but not alter the course of navigable waterways?

A

No.

100
Q

Does Indiana, like most states, require sellers of real estate to provide a type of disclosure?

A

Yes.

101
Q

Are month-to-month tenancies also known as periodic tenancies?

A

Yes.

102
Q

Are “defeasible” fees those that end ownership on the happening of a certain event?

A

No.

103
Q

A sole proprietorship is a business owned by whom?

A

One person.

104
Q

A partnership is a business that is owned by how many people? Is incorporated?

A

Two or more persons and is not incorporated.

105
Q

Corporations are owned by how many people?

A

By one or more than one person.

106
Q

A business in which one or more owners is not permitted to have input into the regular operations is a what?

A

Limited partnership.

107
Q

An agency occurs when one person has what?

A

Authority to act on behalf of another.

108
Q

How can agency be created?

A

By express conduct, by implied conduct, and after a party acts on behalf of another.

109
Q

The theory of “respondeat superior” generally describes what?

A

The legal responsibility of the principle in an agency relationship.

110
Q

A corporation’s legal status has what kind of lifespan?

A

No specific lifespan at its inception.

111
Q

Sole proprietorships cannot be what?

A

Sold, inherited, or granted by gift. (On multiple choice, answer is none of the above)

112
Q

A “de jure” corporation has made what?

A

All necessary steps to maintain legal corporation status.

113
Q

What did we not talk about as a duty owed by the principal to the agent?

A

Indemnification.

114
Q

Are limited partners those who have authority to operate the business?

A

No.

115
Q

Are limited partners not liable for debts of the partnership while it is doing business?

A

Yes.

116
Q

Is partnership income considered personal for tax purposes?

A

Yes.

117
Q

Can corporations issue various levels of stock with different values to prospective investors?

A

Yes.

118
Q

Is income of corporations considered personal for tax purposes?

A

No.

119
Q

Does a corporation always protect the owners from personal liability?

A

No.

120
Q

According to the IRS, is insider trading always considered illegal?

A

No.

121
Q

For tax purposes, is a “C” corp. more common in small closely held ventures?

A

No.

122
Q

Is piercing the corporate veil a tool to reach the personal assets of corporate executives who abuse corporate formalities or are undercapitalized?

A

Yes.

123
Q

What is typically the punishment associated with misdemeanor crimes?

A

Fine or detention of less than one year.

124
Q

What have a number of states enacted to prevent the sexual history of a rape defendant from being disclosed?

A

Rape shield statutes.

125
Q

What did we not talk about as the three things needed for a crime to take place?

A

Occurrence.

126
Q

Bail or the amount required to be posted in exchange for freedom during pending charges cannot be what?

A

Excessive.

127
Q

What are the two basic elements included in all crimes?

A

Mental conduct and physical conduct.

128
Q

For the crime of attempt to occur, the Model Penal Code requires what?

A

Substantial steps taken toward completion of the crime.

129
Q

What does the Latin phrase “mens rea” translate to?

A

Guilty mind.

130
Q

We talked in class about levels of culpability. Indiana does not recognize what?

A

Negligently.

131
Q

What occurs when an individual causes another to act by exerting influence over that person?

A

Duress.

132
Q

What case has been credited for extending the exclusionary rule to the states?

A

Mapp vs. Ohio.

133
Q

A felony is any offense that is punishable by what?

A

Death or imprisonment of more than ten years.

134
Q

Is any attempt to complete a crime considered a criminal act?

A

Yes.

135
Q

Does one that will not challenge a conviction and who will not plead guilty plea “sua sponte?”

A

No.

136
Q

Are common law crimes still allowed in Indiana by authority of the Indiana Supreme Court?

A

No.

137
Q

Are mistake of law and mistake of fact essentially the same defense?

A

No.

138
Q

Is due process required whenever life or liberty are at risk?

A

Yes.

139
Q

Does Miranda always apply to subjects when talking to police?

A

No.

140
Q

Is an excuse defense generally something that the defendant suffers from while a jurisdiction defense is generally something that is brought about by another?

A

Yes.

141
Q

Are search and seizure never permitted without a warrant?

A

No.

142
Q

Is the process of punishing someone for conduct that occurred before it was made illegal known as accessory before the fact?

A

No.

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