Legal rights

Question 1

What are personal rights?

Answer 1

Rights that are enforceable against specific individuals. It is a claim against an individual

Question 2

What are real rights?

Answer 2

enforceable against anyone not just specific individuals. Right to thing itself ( ownership)

Question 3

What are constitutional rights?

Answer 3

Contained in the bill of rights that apply to both natural and juristic people

Question 4

Intellectual property rights?

Answer 4

A right protecting creations of the mind

Question 5

Who are legal persons?

Answer 5

Natural persons and juristic entities
Not partnerships

Question 6

What is notable about juristic persons?

Answer 6

They are separate entities from their owners which allows for perpetual succession

Question 7

Explain Nasciturus fiction

Answer 7

If a foetus is born alive the child has rights which are backdated to when it was a foetus

Question 8

Define legal capacity?

Answer 8

The ability of persons to engage in legal activities

Question 9

Name four factors which affect capacity

Answer 9

Age, mental capacity, insolvency and marriage

Question 10

How does age impact capacity

Answer 10

Minors generally have limited capacity: Ages 0-7 have no capacity, 7-14 lack capacity and 14+ are believed to have normal capacity unless otherwise impaired and adults have full capacity unless otherwise impaired