Final Flashcards
What two terms are commonly used in reference to contractual assent by each party?
Acceptance and offer.
All contracts must contain what?
Two parties who have legal capacity.
When making the interpretation of the terms of the contract, the court will apply what rule?
Plain meaning rule.
What is a series of laws regarding commercial transaction adopted in part or whole by all states?
Uniform commercial code.
Regarding contracts with persons without capacity, the theory of restitution is based on the principle of what?
Fairness.
What is a common defense against allegations of breach of contract?
Accord and satisfaction.
What rule specifies the types of contracts that must be in writing before they will be enforced?
Statute of frauds.
An exception to the parol evidence rule can occur when a party claims what?
Fraud in the inducement.
Name a theory that is not a theory of contract recovery.
Reapondeat superior.
Name a quality that a gift does not have.
The donor has paid the gift tax.
Name a remedy that we did not talk about as a possible remedy.
Aggravated damages.
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?
Yes.
As recognized by most states, do negotiations constitute contractual agreements?
No.
As a general rule, are blanket advertisements considered offers in contractual agreements?
No.
Do courts use a subjective standard when evaluating a liquidated damage clause?
No.
Is an indefinite promise a valid offer? Can it lead to a valid, enforceable offer?
No.
Does the “parol evidence rule” generally bar the admission of oral contradictions to the written contract?
Yes.
Can a person enter into a contractual agreement with himself or herself?
No.
Did the statute of frauds originate in England? Does it lack applicability to modern law?
No.
Technically, lack of mental capacity only considers those individuals that fit into what category?
Legally adjudicated incompetent.
A case is considered testate when the descendant does what?
Dies with a valid will.
A valid will does not typically require what?
Witnesses who can testify to the specific intent of the testator.
Who can inherit in a “per stirpes” distribution?
Legal heirs only.
What are the inheritance rights of an illegitimate child?
The child has inheritance rights if paternity is established by adjudication or acknowledgement of the father.
Wills may not be contested on the grounds of what?
Lack of competence solely because of advanced age.
Guardians are ordinarily appointed in what?
CHINS cases, delinquency cases, and mental health commitments.
Under ordinary circumstances, a valid will must be what?
Witnessed, written, and signed.
Testamentary capacity includes what?
Understanding of assets and effects of a valid will.
What happens if a person is declared legally incompetent?
The guardian must periodically report to the court.
“Per capita” distribution bases inheritance rights on what?
Total number of heirs.
An action to have one declared legally incompetent must be based on what?
Disability that is mental in nature and origin.
A case is considered intestate when the descendant does what?
Dies without a valid will.
Intestate estates have what?
No valid will.
If the only will of a descendant is declared invalid, then does the estate become intestate automatically?
Yes.
Must most will contests establish proof beyond a reasonable doubt?
No.
Is “per stirpes” the most commonly applied distribution method for intestate estates?
Yes.
Does forced share apply only to surviving spouses?
Yes.
Is the administrator of an estate in probate a fiduciary?
Yes.
Is a guardian ad litem the same thing as a regular guardian, just for a shorter period of time?
No.
Is “per capita” the most commonly applied distribution method for intestate estates?
No.
A tort must involve what?
An element of compensable damage.
Strict liability applies when?
In cases of ultrahazardous activity.
Assumption of risk is what?
A defense to allegations of negligence.
Employers are generally responsible for what?
Negligent acts of employees while they are on the job.
Workers’ compensation laws are used for what?
To provide protection for employers and employees regarding work-related injuries.
Negligence requires what?
Duty, breach of standard of care, and compensable damage.
In a defamation case, a public figure seeking to recover must prove what?
Actual malice.
Reasonable conduct may require what?
Action, nonaction, and implied knowledge.
What is not a defense that we talked about in class?
Gross negligence.
We discussed the case of the Ford Pinto and McDonald’s coffee. Both were discussed in relation to what legal principal?
Tort reform.
The first torts were based on what?
Careless conduct resulting in harm.
“Res ipsa loquitur” is what?
Used when the plaintiff does not have access to evidence regarding causation.
Tort law originated where?
England.
Is it true that employers are generally not responsible for intentional torts but may be responsible for negligence of employees on the job?
Yes.
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?
Yes.
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?
Yes.
Are the zone of danger and world at large theories synonymous terms?
No.
Does the Indiana Tort Claim Act forbid the bringing of a lawsuit against a police officer for acts committed while on the job?
No.
Are contributory and comparative negligence the same?
No.
Will a person found to have committed an act of gross negligence be ordered to pay punitive damages?
Yes.
Regarding legal rights of parties, dissolution of a legally recognized common law marriage treats the parties how?
As if they were in a contractual agreement.
Enforceable antenuptial agreements include what?
Fair and full disclosure of the assets of the parties at the time of the agreement.
Under the tender years doctrine the courts generally award custody of younger children to whom?
The mother.
Antenuptial agreements usually do not address what?
Custody of children the parties expect to have.
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?
Maintenance.
Divorce on the grounds of irreconcilable differences is what?
The method intended to be used when neither party wishes to prove blame for the dissolution.
Legal separation does what?
Attempts to provide fairness between parties who are living separately.
A valid and legal marriage requires what?
Legal capacity, voluntary assent by both parties, and appropriate statutory license requirements.
In the majority of states, custody of a child is determined by what?
Examining the factors contributing to the child’s best interest.
What results in voiding the marriage and returning the parties to the position they held prior to the marriage?
Annulment order.
Were joint custody agreements traditionally disfavored by the courts?
Yes.
Is the determination of custody based on the parent who is best able to provide financially for the child?
No.
Is it possible in some circumstances to recover in a cohabitation situation based on a contract theory or unjust enrichment theory in Indiana?
Yes.
Is failure to pay child support reason to stop visitation?
No.
Is Indiana sometimes considered a “no fault” divorce state?
Yes.
Are common law marriages recognized in Indiana?
No.
Is the tender years doctrine declining in use?
Yes.
Is an annulment granted only if conditions existed at the time of the marriage that prevented the legal requirements from being satisfied?
Yes.
Are parties who live together generally considered part of a common law marriage?
No.
Is custody the right to make all decisions with regard to the welfare and rearing of the minor child?
Yes.
In what does each owner have an undivided interest in the property?
Tenancy in common.
A partition action is an action to what?
Separate tenancies.
Tenancy by the entirety also has the right of what?
Survivorship.
A person with a life estate cannot do what?
Sell the property.
Title insurance guarantees that the person selling the property does not what?
Have a clouded title, owe back taxes, or have an inferior title to someone else.
Nonfreehold estates are commonly called what?
Leaseholds.
Adverse possession in Indiana requires what special condition?
Payment of taxes.
What is the most common type of real property ownership in the country?
Fee simple.
Easements are classified as what?
Affirmative easement and negative easement.
Generally speaking, the highest form of property deed is what?
A warranty deed.
What is used to express ownership and interests in land?
Freehold estates.
A joint tenant cannot do what?
Give his or her interest to heirs in a will.
What refers to an individual who enters or remains on the property with no certain terms of agreement?
Tenant at will.
Did we discuss in class that fee simple has now become interpreted as fee simple absolute in many US jurisdictions?
Yes.
Is an easement a right of someone other than the owner to access the property?
Yes.
Has the doctrine of implied warranty of habitability given way to caveat emptor in Indiana?
No.
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?
No.
Does Indiana, like most states, require sellers of real estate to provide a type of disclosure?
Yes.
Are month-to-month tenancies also known as periodic tenancies?
Yes.
Are “defeasible” fees those that end ownership on the happening of a certain event?
No.
A sole proprietorship is a business owned by whom?
One person.
A partnership is a business that is owned by how many people? Is incorporated?
Two or more persons and is not incorporated.
Corporations are owned by how many people?
By one or more than one person.
A business in which one or more owners is not permitted to have input into the regular operations is a what?
Limited partnership.
An agency occurs when one person has what?
Authority to act on behalf of another.
How can agency be created?
By express conduct, by implied conduct, and after a party acts on behalf of another.
The theory of “respondeat superior” generally describes what?
The legal responsibility of the principle in an agency relationship.
A corporation’s legal status has what kind of lifespan?
No specific lifespan at its inception.
Sole proprietorships cannot be what?
Sold, inherited, or granted by gift. (On multiple choice, answer is none of the above)
A “de jure” corporation has made what?
All necessary steps to maintain legal corporation status.
What did we not talk about as a duty owed by the principal to the agent?
Indemnification.
Are limited partners those who have authority to operate the business?
No.
Are limited partners not liable for debts of the partnership while it is doing business?
Yes.
Is partnership income considered personal for tax purposes?
Yes.
Can corporations issue various levels of stock with different values to prospective investors?
Yes.
Is income of corporations considered personal for tax purposes?
No.
Does a corporation always protect the owners from personal liability?
No.
According to the IRS, is insider trading always considered illegal?
No.
For tax purposes, is a “C” corp. more common in small closely held ventures?
No.
Is piercing the corporate veil a tool to reach the personal assets of corporate executives who abuse corporate formalities or are undercapitalized?
Yes.
What is typically the punishment associated with misdemeanor crimes?
Fine or detention of less than one year.
What have a number of states enacted to prevent the sexual history of a rape defendant from being disclosed?
Rape shield statutes.
What did we not talk about as the three things needed for a crime to take place?
Occurrence.
Bail or the amount required to be posted in exchange for freedom during pending charges cannot be what?
Excessive.
What are the two basic elements included in all crimes?
Mental conduct and physical conduct.
For the crime of attempt to occur, the Model Penal Code requires what?
Substantial steps taken toward completion of the crime.
What does the Latin phrase “mens rea” translate to?
Guilty mind.
We talked in class about levels of culpability. Indiana does not recognize what?
Negligently.
What occurs when an individual causes another to act by exerting influence over that person?
Duress.
What case has been credited for extending the exclusionary rule to the states?
Mapp vs. Ohio.
A felony is any offense that is punishable by what?
Death or imprisonment of more than ten years.
Is any attempt to complete a crime considered a criminal act?
Yes.
Does one that will not challenge a conviction and who will not plead guilty plea “sua sponte?”
No.
Are common law crimes still allowed in Indiana by authority of the Indiana Supreme Court?
No.
Are mistake of law and mistake of fact essentially the same defense?
No.
Is due process required whenever life or liberty are at risk?
Yes.
Does Miranda always apply to subjects when talking to police?
No.
Is an excuse defense generally something that the defendant suffers from while a jurisdiction defense is generally something that is brought about by another?
Yes.
Are search and seizure never permitted without a warrant?
No.
Is the process of punishing someone for conduct that occurred before it was made illegal known as accessory before the fact?
No.
