321 Exam III

In most states, what is the age at which a minor legally becomes an adult set at?

18

What is a transfer of rights is called?

Assignment

Agreements made in consideration of marriage need not be in writing

False

An injured party who has established a breach of contract is only entitled to turn to a court for equitable relief such as specific equitable, rescission, restitution, and injunctions.

False

In community property states, all property acquired during a marriage is considered property of both spouses.

False

In the case of Moore v. City of East Cleveland, Ohio, the Supreme Court of the United States ruled that only immediate relatives could count in the definition of family.

False

Which of the following factors should NOT be considered by a judge in making a determination as to which parent in a divorce should have custody of their child?

Gender

What was first state to adopt the Uniform Commercial Code?

Pennsylvania

A, who is selling her house, was told when she bought the house that it was fully insulated when built. She tells B this, and B decides to buy the house. If B finds out that the house is not insulated and that, as a result, his heating bills will be much higher than expected, what will B's proper remedy be?

Recission

What is agreement to accept something different from what was due under an original contract?

Satisfaction

Cunningham contracted with the Cougars to play professional basketball. The Cougars at the time were owned by the Southern Sports Corporation. Which of the following statements is true?

The Cougars could assign their right to have Cunningham play to its successor corporation, the SlamDunk Corporation, and delegate their duty to pay him as well.

The first step required to start the adoption process

The filing of a petition for adoption by the adoptive parents

T/F A legal separation is legally the same as an annulment

True

T/F Although property divisions can be decided by a judge, they are often negotiated by the divorcing parties before court proceedings begin.

True

T/F Property received as a gift or inheritance is considered separate property for property division purposes.

True

Jesse writes to Nadine, "I'll pay you $50 if you clean my house by Saturday." On Friday, Nadine cleaned Jesse's house as requested. What kind of contract has been formed?

Unilateral

Jill says to Ben, "I offer to sell you my DVD player for $90." Ben replies, "If you do not hear otherwise from me by Thursday, I have accepted your offer." Jill agrees and does not hear from Ben by Thursday. Does a contract exist between Jill and Ben?

Yes, because the parties agreed that silence would constitute an acceptance.