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PS 317 > Third Test > Flashcards

Third Test Flashcards

1
Q

What is a will?

A

A document by which an individual provides for the distribution of their property upon death

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2
Q

What are the terms for the man/woman that make the will?

A

Testator and testatrix

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3
Q

There are how many categories of wills?

A

3

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4
Q

What is a formal will?

A

A will prepared by attorneys that is subscribed and acknowledged

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5
Q

What is a holographic will?

A

A hand-written will by the testator that is signed and dated and does not require witnesses

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6
Q

What is a nuncupative will?

A

An oral will made on someone’s deathbed

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7
Q

Who can make a will?

A

Anyone over the age of majority and of sound mind

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8
Q

What is the exordium clause and what does it do?

A

The opening statement of a will; says residence, intent to create last will, and revoke any prior wills

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9
Q

What is the purpose of the body of a will?

A

For the testator to dispose of his property

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10
Q

How many basic forms of gifts?

A

3

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11
Q

What is a specific bequest?

A

A gift of specific, personal property

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12
Q

What is a general/legacy gift?

A

A gift of the specific amount of taken from the general estate

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13
Q

What is a demonstrative legacy gift?

A

A gift of a specific amount of money, where the testator includes direction as to exactly which funds should be used to satisfy the gift

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14
Q

What is a disinheritance clause?

A

A testator choosing to not leave anything to a certain heir

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15
Q

What is the fiduciary clause?

A

A person appointed by the testator who owes a duty of trust to the estate

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16
Q

Who is the executor?

A

The man chosen by the testator to carry out the directions in the will (woman is called executrix)

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17
Q

Who is the guardian?

A

the person who has the duty to take care of a person and his property

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18
Q

What is a trustee?

A

A person holding property in trust

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19
Q

Who is a trust created by and why?

A

A grantor for the benefit of specific beneficiaries

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20
Q

The 2 clauses used to end or close the will are called what?

A

Closing Clauses

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21
Q

What does the testimonium clause contain?

A

the date when it was signed and who signed it

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22
Q

What does the attestation clause state?

A

the witnesses understand that this is the last will and testament of the testator

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23
Q

What is a codicil?

A

An addition or change to a will

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24
Q

Without a will, what is applied?

A

the law of interstate succession

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25
Q

What are the two main types of distribution in interstate succession?

A
  • property passes per capita

- property passes per stirpes

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26
Q

What is an express trust?

A

may be oral or written down

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27
Q

who is he settlor?

A

the person creating the trust

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28
Q

when does a living trust become effective?

A

during the life of the settlor

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29
Q

what is a testamentary trust?

A

A trust created by a will

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30
Q

what are implied trusts?

A

involuntary trusts created by law to avoid injustice, also called constructive trust

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31
Q

what is a probate?

A

A court supervised process that takes places after a person dies; will names the executor

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32
Q

During probate, who names the administrator/ administratix?

A

the court

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33
Q

true or false: property in a living trust, property held jointly, life insurance benefits, individual retirement accounts with named beneficiaries all go through probate

A

False

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34
Q

What is an agreement between 2 or more people that is enforceable by law called?

A

A contract

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35
Q

A legally enforceable has how many elements?

A

4

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36
Q

What is mutual assent?

A

When the offeror makes an offer to enter into a contract, and the offer is accepted in a timely manner

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37
Q

What is consideration?

A

all parties must be supported by this, each party gives something up

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38
Q

If both parties promise to perform, what is formed?

A

a bilateral contract

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39
Q

What does it mean to be a capable party?

A

an adult of sound mind

40
Q

Contracts by those without capacity are what?

A

voidable

41
Q

True or false: a voidable contract is one that is enforceable until the party without capacity (or his representative) act to disaffirm the contract

A

True

42
Q

What does legal subject matter imply?

A

No court will enforce a contract between parties where the subject matter of the contract is illegal

43
Q

What is an unconscionable contract?

A

A contract that is so one sided that enforcement would be unjust

44
Q

What is an adhesion contract?

A

a contract that gives unfavorable terms to a weaker party

45
Q

True or false: oral contracts are never enforceable

A

False

46
Q

According to the statute of frauds, what types of contracts must be in writing/

A
  • Contracts that cannot be performed within one year
  • Contracts for sale of real estate property
  • contracts in contemplation of marriage
  • contract for the sale of $500 or more
47
Q

What limits the type of evidence that can be used to prove the terms of an agreement?

A

Parol Evidence Rule

48
Q

What is a quasi contract?

A

A legal doctrine that allows the courts to treat a certain situation as if a contract exists, even if there is a missing element

49
Q

A quasi contract is also called what?

A

Implied-in-law contract

50
Q

Usually, a promise to make to make a gift does not create an enforceable promise. What is the exception?

A

If the promise is a promise to the other person’s detriment

51
Q

What is detrimental reliance (promissory Estoppel)?

A

The promissor being required to perform if the promise is directed at the other person’s detriment

52
Q

What is breach and remedy?

A

When parties fail to perform, then a breach of contract occurs

53
Q

What are expectation damages?

A

When the injured party is put in a position he would have occupied if the contract had been fully performed

54
Q

What is restitution?

A

Restore to the injured party any benefit conferred on the breaching party

55
Q

What are reliance damages?

A

giving back to the injured party any loss he suffered by relying on the deal

56
Q

What is a specific performance?

A

the requirement of the breaching party to perform the promise

57
Q

Contracts for the sale of goods and warranties for those goods are controlled by what?

A

Uniform Commercial Code

58
Q

A transfer of one’s rights under a contract is called what?

A

An assignment

59
Q

Who is the assignor?

A

The one who makes the transfer

60
Q

Who is the assignee?

A

The one to whom a transfer is made

61
Q

The transfer of obligations under a contract is called what?

A

Delegation

62
Q

Disputes about contracts may be settled through what two things?

A

litigation and arbitration

63
Q

Alternative Dispute Resolutions (ADRs) are used in what types of disputes?

A

Domestic, civil, and international business

64
Q

ADR may be what?

A

Binding or unbinding

65
Q

What does it mean for the ADR to be binding?

A

the parties agree to give up their right to court and agree to be bound by the outcome of the ADR

66
Q

What is negotiation?

A

the process of discussing contested issues in an attempt to resolve disputes (ADR)

67
Q

What is arbitration?

A

An out of court hearing before a neutral party who listens and renders a decision (ADR)

68
Q

When parties agree to arbitration in a contract, it is what?

A

Binding

69
Q

What is mediation?

A

An informal, out of court dispute resolution process where a mediator or neutral person assists the parties in reaching an agreement

70
Q

Some states allow the use of what to resolve disputes?

A

Private judges

71
Q

True or false: a court ordered ADR is not binding unless the parties agree

A

True

72
Q

An employer-employee relationship may be created by what?

A
  • a formal contract

- an informal agreement

73
Q

What is employment at will?

A

The parties did not agree on the length of time for employment, so the employee can be terminated at any time without reason

74
Q

Employment practices are subject to what?

A

Title VII of the civil rights act of 1964

75
Q

What agency monitors workplaces safety?

A

Occupational Safety and Health Agency (OSHA)

76
Q

What federal agencies monitor employment law?

A
  • US Department of Labor

- Equal employment opportunity commission

77
Q

International law is also called what?

A

The law of nations

78
Q

true or false: international law also deals with status and treatment of foreign aliens, treatment of foreign officials, formation of treaties, and conduct of war

A

True

79
Q

What are the three sources of international law?

A
  • International conventions and treaties
  • International custom
  • principles of justice and fairness (if parties agree)
80
Q

What does The Foreign Sovereign Immunities Act apply to?

A

conflict between a foreign state and U.S. Nationals

81
Q

Administrative law governs what?

A

agencies and law that agencies make

82
Q

What are the three types of agency actions that are subject to administrative law?

A
  • rule making
  • adjudication
  • investigating
83
Q

Before courts will review an agency rule making or adjudication, the action must be what?

A
  • ripe

- the plaintiff must have standing in the case

84
Q

Under the doctrine of judicial self-restraint, federal courts deal only with what?

A

Justiciable controversy

85
Q

What does having justiciable controversy imply?

A

That the person bringing the lawsuit must have standing

86
Q

Federal courts do not issue what?

A

Advisory opinions

87
Q

Federal courts will not decide a case unless it is what?

A

Ripe

88
Q

True or false: Federal courts will take cases that are moot

A

False

89
Q

What does it mean for a case to be moot?

A

It is already resolved

90
Q

Federal courts do not decided cases with what?

A

Political questions

91
Q

There are how many district judges in how many districts?

A

646 judges, 94 judicial districts

92
Q

How many court of appeals are there?

A

13

93
Q

How many judges serve on the circuit courts?

A

179 active, 80 senior

94
Q

The presence of 6 supreme court justices constitutes a what?

A

quorum

95
Q

What is a writ or certariori?

A

the petition to get a case into the supreme court

PS 317 (5 decks)

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