Rules of Law

Question 1

Law of Marriage

Answer 1

• Pursuant to the laws and statutes of the several States, marriage is a civil contract between two people.*
• In the United States, dissolution of marriage in all 50 States follows the doctrine of “no-fault divorce”, which requires nothing more than the bare assertion that a marriage be “irretrievably broken.” No other assertion of misconduct is relevant.
• Legal separation occurs beginning the day a petition for dissolution of marriage is filed with the court; legal separation prevents future legal, contractual or financial obligations incurred by one spouse from being attributable to the other.
• As required by court decision or statute, divorce is not final until a waiting period has passed and the court has entered an Order of Dissolution.
• Application of this rule of law determines the distribution of property, the setting of financial obligations, and the placement of any children following the dissolution of a marriage.

Question 2

The First Statute of Frauds

Answer 2

• All contracts for the transfer of any interest in real property must be in writing, and signed by the grantor, or the transfer is void.
• Application of this rule of law determines whether or not a grantee takes title to, and can claim ownership of, any interest in real property.

Question 3

The Adverse Possession Rule

Answer 3

A person who, for a period not less than 10 years, openly occupies land owned by another, and in a manner that is hostile to the original owner’s interests, may claim ownership of, and quiet title to, the land.
• Application of this rule determines who has ownership of, and who can claim title to, an interest in real property.

Question 4

The Testamentary Transfer Rule

Answer 4

Following death, estates are passed to a decedent’s heirs according to the terms of a decedent’s last written will.
two conditions must be met to form a will: 1) It must be signed and dated in front of two disinterested witnesses,
2) At a time when a person is over the age of 18 and “of sound mind.”
• Otherwise, a court may determine the will fails.
• If there is no will, whether because a decedent never formed one or a court determines for legal reasons that a will fails, an estate is passed by statutory laws of intestate succession to a decedent’s heirs in order of precedence to

If a decedent has no identifiable heirs, the estate escheats to State property.
Application of this rule determines the disposition and ownership of a person’s property after death.

Question 5

Battery

Answer 5

Intentionally causing another person injury by harmful or offensive contact.
c. Application of this rule determines whether a person is liable for damages for injuring another.

Question 6

Assault

Answer 6

Intentionally causing another person reasonable fear of harmful or offensive contact.
d. Application of this rule determines whether a person is liable for damages for threatening or placing another in fear of injury.

Question 7

Trespass

Answer 7

One who engages in the intentional interference with the use, enjoyment or possessory rights of property owned by another person is liable for damages to the injured party.
e. Application of this rule determines whether a person is liable for damages for interfering with the property of another person.

Question 8

Defamation

Answer 8

Intentionally communicating false statements by spoken word (slander) or printed word (libel) that harms another person’s reputation.
f. Application of this rule determines whether a person is liable for damages for harm to the reputation of another.

Question 9

Negligence

Answer 9

The breach of a duty which a reasonable person is required to exercise, that causes harm or injury.
g. Application of this rule determines whether a person is liable for damages for the negligent or accidental injuring of a person or property.

Question 10

Duty of Care for Professionals

Answer 10

h. Professionals, such as a doctors, lawyers, accountants, etc., rendering their professional services have a duty to act as reasonably prudent practitioners in the field.
i. Breach of this duty of care determines whether a professional is liable for damages for the negligent or accidental injuring of a person or property arising from the rendering of professional services.

Question 11

Duty of Care for Business Owners

Answer 11

A business owner has a duty to make property open to the public safe from harm to customers, including to conduct reasonable inspections to detect and remove hazards.
j. Breach of this duty of care determines whether a business owner is liable for damages for the negligent or accidental injuring of a person or property arising from a hazard occurring at the business.

Question 12

Duty to Trespassers

Answer 12

Except to refrain from placing traps, property owners have no duty to adult trespassers to identify and remove hazards; property owners must follow the “attractive nuisance doctrine” and exercise reasonable care to remove, or reduce the risk of, hazards on the property that are attractive to children of tender years.
k. Breach of this duty of care determines whether a property owner is liable for damages for the negligent or accidental injuring of a person or property arising from a hazard occurring on the property.

Question 13

Automobile Drivers’ Duty of Care

Answer 13

Automobile drivers have a duty to obey the statutory rules of the road.
l. Breach of this duty of care determines whether an automobile driver is liable for damages for the negligent or accidental injuring of a person or property arising from a violation of the rules of the road.

Question 14

The Dangerous Instrumentality Rule

Answer 14

There is strict liability for all injuries caused by the use of dangerous instrumentalities such as using explosives or radioactive materials or engaging in ultrahazardous activity such as keeping dangerous, wild animals, regardless of taking every reasonable precaution to prevent harm.
m. Application of this rule determines strict liability for damages for injury to a person or property arising from a dangerous instrumentality or ultrahazardous activity.

Question 15

The Second Statute of Frauds

Answer 15

All contracts for the performance of services not to be completed within a year must be in writing, and signed by the party from whom performance is sought, or the obligation to perform may be voided.
n. Application of this rule of law determines whether or not an agreement for the performance of services may be enforced or damages awarded.

Question 16

The Third Statute of Frauds

Answer 16

All agreements to perform the future sale or delivery of goods valued in excess of $500 must be in writing, and signed by the party from whom performance is sought, or the sale or delivery may be voided.
o. Application of this rule of law determines whether or not an agreement for the sale or delivery of goods may be enforced or damages awarded.

Question 17

The Merchant Confirmation Rule

Answer 17

The application of the Statute of Frauds notwithstanding, as between merchants, all agreements to perform the future sale or delivery of goods valued in excess of $500 may be confirmed by a record of the agreement transmitted by one of the merchants to the other; failure by the other merchant to reject it within 10 days of its receipt binds the merchants to the agreement specified in the transmitted record.
p. Application of this rule of law determines whether or not an agreement for the sale or delivery of goods between merchants may be enforced or damages awarded.

Question 18

The Mitigation of Damages Rule

Answer 18

A party that has suffered damages by the tortious conduct or breach of contract of another, must take reasonable steps to minimize the extent of damages.
q. Application of this rule of law determines the amount of damages to which an injured party is entitled

Question 19

Respondeat Superior

Answer 19

A principal or employer is liable for the torts caused or contracts formed by an agent and/or employee acting within the scope of the agency or employment.
r. Application of this rule determines whether a principal or employer is liable to any third party, such as a customer, for the actions of an agent.

Question 20

Duties of Principal Rule

Answer 20

A principal or employer has the duties to pay an agent or employee for services rendered, to indemnify and reimburse the agent or employee for expenses and costs incurred within the scope of the agency or employment, and to avoid unreasonable interference with the agent’s or employee’s performance of responsibilities.
Application of this rule determines whether the principal is liable to compensate the agent, or some third party, for lost income, expenses, costs, or damages.

Question 21

Duties of Agent Rule

Answer 21

An agent or employee has the duties to use due diligence and care when acting within the scope of the agency or employment, and to observe a fiduciary duty to always act with the utmost loyalty and good faith (bona fide) in the best interest of the principal or employer.
Application of this rule determines whether the agent is liable to compensate the principal, or some third party, for lost income, expenses, costs, or damages.

Question 22

The Business Partnership Rule

Answer 22

A legally enforceable business partnership is formed whenever two or more persons enter into a business for profit; unless specified differently in writing, business partners will share equally in the business profits, losses, assets and decision-making power, and each partner is equally liable to the other(s) for the contracts and torts which arise from the conduct of the business.
Application of this rule determines the authority, liability and share of profits or losses as between the business partners.

Question 23

The Corporate Liability Rule

Answer 23

A properly formed corporate entity provides liability protection for its shareholder-owners for losses arising out of the corporate entity’s conduct of business, and shareholder-owners risk no more loss than the total value of their shares of stock; however, persons harmed by the misconduct of an undercapitalized corporate entity may “pierce the corporate veil” and sue shareholder-owners directly if the shareholder-owners operated the corporate entity’s business day-to-day and engaged in the misconduct that caused the harm.
Application of this rule determines the liability of a corporate entity or its shareholder-owners for losses suffered by others.