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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
What are the two main types of distribution in interstate succession?
- property passes per capita | - property passes per stirpes
26
What is an express trust?
may be oral or written down
27
who is he settlor?
the person creating the trust
28
when does a living trust become effective?
during the life of the settlor
29
what is a testamentary trust?
A trust created by a will
30
what are implied trusts?
involuntary trusts created by law to avoid injustice, also called constructive trust
31
what is a probate?
A court supervised process that takes places after a person dies; will names the executor
32
During probate, who names the administrator/ administratix?
the court
33
true or false: property in a living trust, property held jointly, life insurance benefits, individual retirement accounts with named beneficiaries all go through probate
False
34
What is an agreement between 2 or more people that is enforceable by law called?
A contract
35
A legally enforceable has how many elements?
4
36
What is mutual assent?
When the offeror makes an offer to enter into a contract, and the offer is accepted in a timely manner
37
What is consideration?
all parties must be supported by this, each party gives something up
38
If both parties promise to perform, what is formed?
a bilateral contract
39
What does it mean to be a capable party?
an adult of sound mind
40
Contracts by those without capacity are what?
voidable
41
True or false: a voidable contract is one that is enforceable until the party without capacity (or his representative) act to disaffirm the contract
True
42
What does legal subject matter imply?
No court will enforce a contract between parties where the subject matter of the contract is illegal
43
What is an unconscionable contract?
A contract that is so one sided that enforcement would be unjust
44
What is an adhesion contract?
a contract that gives unfavorable terms to a weaker party
45
True or false: oral contracts are never enforceable
False
46
According to the statute of frauds, what types of contracts must be in writing/
- 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
What limits the type of evidence that can be used to prove the terms of an agreement?
Parol Evidence Rule
48
What is a quasi contract?
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
A quasi contract is also called what?
Implied-in-law contract
50
Usually, a promise to make to make a gift does not create an enforceable promise. What is the exception?
If the promise is a promise to the other person's detriment
51
What is detrimental reliance (promissory Estoppel)?
The promissor being required to perform if the promise is directed at the other person's detriment
52
What is breach and remedy?
When parties fail to perform, then a breach of contract occurs
53
What are expectation damages?
When the injured party is put in a position he would have occupied if the contract had been fully performed
54
What is restitution?
Restore to the injured party any benefit conferred on the breaching party
55
What are reliance damages?
giving back to the injured party any loss he suffered by relying on the deal
56
What is a specific performance?
the requirement of the breaching party to perform the promise
57
Contracts for the sale of goods and warranties for those goods are controlled by what?
Uniform Commercial Code
58
A transfer of one's rights under a contract is called what?
An assignment
59
Who is the assignor?
The one who makes the transfer
60
Who is the assignee?
The one to whom a transfer is made
61
The transfer of obligations under a contract is called what?
Delegation
62
Disputes about contracts may be settled through what two things?
litigation and arbitration
63
Alternative Dispute Resolutions (ADRs) are used in what types of disputes?
Domestic, civil, and international business
64
ADR may be what?
Binding or unbinding
65
What does it mean for the ADR to be binding?
the parties agree to give up their right to court and agree to be bound by the outcome of the ADR
66
What is negotiation?
the process of discussing contested issues in an attempt to resolve disputes (ADR)
67
What is arbitration?
An out of court hearing before a neutral party who listens and renders a decision (ADR)
68
When parties agree to arbitration in a contract, it is what?
Binding
69
What is mediation?
An informal, out of court dispute resolution process where a mediator or neutral person assists the parties in reaching an agreement
70
Some states allow the use of what to resolve disputes?
Private judges
71
True or false: a court ordered ADR is not binding unless the parties agree
True
72
An employer-employee relationship may be created by what?
- a formal contract | - an informal agreement
73
What is employment at will?
The parties did not agree on the length of time for employment, so the employee can be terminated at any time without reason
74
Employment practices are subject to what?
Title VII of the civil rights act of 1964
75
What agency monitors workplaces safety?
Occupational Safety and Health Agency (OSHA)
76
What federal agencies monitor employment law?
- US Department of Labor | - Equal employment opportunity commission
77
International law is also called what?
The law of nations
78
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
True
79
What are the three sources of international law?
- International conventions and treaties - International custom - principles of justice and fairness (if parties agree)
80
What does The Foreign Sovereign Immunities Act apply to?
conflict between a foreign state and U.S. Nationals
81
Administrative law governs what?
agencies and law that agencies make
82
What are the three types of agency actions that are subject to administrative law?
- rule making - adjudication - investigating
83
Before courts will review an agency rule making or adjudication, the action must be what?
- ripe | - the plaintiff must have standing in the case
84
Under the doctrine of judicial self-restraint, federal courts deal only with what?
Justiciable controversy
85
What does having justiciable controversy imply?
That the person bringing the lawsuit must have standing
86
Federal courts do not issue what?
Advisory opinions
87
Federal courts will not decide a case unless it is what?
Ripe
88
True or false: Federal courts will take cases that are moot
False
89
What does it mean for a case to be moot?
It is already resolved
90
Federal courts do not decided cases with what?
Political questions
91
There are how many district judges in how many districts?
646 judges, 94 judicial districts
92
How many court of appeals are there?
13
93
How many judges serve on the circuit courts?
179 active, 80 senior
94
The presence of 6 supreme court justices constitutes a what?
quorum
95
What is a writ or certariori?
the petition to get a case into the supreme court

PS 317 (5 decks)

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