mortuary law and business law
negligence
a breach of the duty of care one individual has toward other is called
executory
a contract in which the terms have not been fully performed by all the parties is said to be
voidable
a contract in which undue influence was proven is considered
void
a contract made by a legally declared insane person is
void
a contract that is of no legal effect
entity
a corporation has a distinct existence separate and apart from the existence of its individual members which is known as
a trail court
a court of original general jurisdiction is
a constitution
a document which defines the relationships of the gov itself and of its citizens is
check
a draft drawn on a bank and payable on demand is a
an appellate court
a federal court of appeals is
intent
a newspaper advertisement can be an offer if it shows
an injunction
a permanent order, issued by a court, forbidding activities which would be detrimental to others is
administrator
a person appointed by the court to oversee the estate of an intestate is called
a summons
a process may be referred to as
tort
a pvt or civil wrong, either international or caused by negligence, for which there may be action for damages is
ratification
a restatement of one's willingness to be bound by his promises made during minority is called
a restraining order
a temporary order forbidding a certain action is
holographic will
a will written entirely by the testator with his own hand is properly termed a
personal property
all physical items that are not real property are classified as
corporation
an association of individuals united for a common purpose and permitted by law to use a common name and to change its members without dissolution of the association is
an offer
an expressed willingness from a person to enter into a contractual agreement is
promissory note
an unconditional written promise made by one person to another, signed by the maker, engaging to pay on demand or at a fixed future time, a sum certain in money to order or to bearer is a
usurious
any rate of interest above the max rate allowable by law is said to to be
england
common law developed in
common law
customs which have come to be recognized by the courts law describes
slander
defamation of character by spoken words or gestures
terms of the contract
does not render an agreement defective
mutual agreement; competent parties; supported by consideration; lawful purpose
in order to be enforceable, a valid contract must meet what requirements?
real property
land, timber, minerals, buildings, and other man made property permanently attached to land are called
business law
law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is
void
mutual mistakes as to the existence of the subject matter renders a contract
juvenile court
not a type of inferior state court
fraud
one who induces another to enter into a contract as a result of an intentionally or recklessly false statement of a material fact is guilty of
administrative law
orders and decrees from gov agencies which have the force of law is considered
spoken words
parol evidence is
false testimony
perjury is
tangible personal property
personal property which can be seen and touched is
law
rules of civil conduct commanding what is right and prohibiting what is wrong defines
insolvent estate
the condition of an estate of a deceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being
compensatory damages
the damages awarded an injured party in a contract in which the injured party is entitles to compensation for the exact amount of the loss are called
probate
the filling and proving of the will following death is called
state supreme court
the highest court of a state is the
US supreme court
the highest court of the land in the US is the
US constitution
the law of the land in the US is the
tort law
the law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is
ordinances
the laws of city councils are called
plaintiff
the party who institutes a court action is the
jurisdiction
the power of authority which each court has to hear cases is called its
dividends
the profits of a corp belong to the corp until set aside by the directors for distribution
board of directors
the right to declare dividends upon the discretion of the
the federal claims act
the right to sue the federal government is derived from
statute of frauds
the statute listing certain classes of contracts which must be in writing to be enforceable is called the
novation
the substitution of a new party for the original party who is to perform is called
rescind
to cancel or annul or avoid a contract is to
to arraign
to read the charge of an indictment is
consideration
whatever the promisor demands and receives as the price for his promise is called
forbearance
when one promises to refrain from doing something, his conduct is known as
tort
when the duty of care that motorist owes another motorists and pedestrians is breached and results in injury or damage to another, that motorist has committed a
negotiable instruments
written instruments drawn in special form, which can be transferred from person to person as a substitute for money or as instruments of credit, are called
formal
a contact under seal is called
valid
a contract made by a person who is intoxicated, but aware of the consequences of his/her actions is
voidable
a contract made by a person who is so intoxicated as to be unaware of the consequences is
voidable
a contract made by an insane person who has not been declared so judicially is
judicially declared insane person
a contract made with who would be considered void
voidable
a contract that may be set aside by at least one of the parties is
valid
a contract which is enforceable by the court is
a writ
a formal written command issued by a court of law
a minor
a person below the adult age is
testator
a person who dies leaving a valid will is called a
executor
a personal rep of the decedent appointed in the will to carry out the provisions of the will is called
abatement
a proportional reduction of a legacy when the funds or assets out of which such legacy are payable are not sufficient to pay it in full is
fiduciary
a term involving a relation of trust or confidence
will
a written disposition of property, real or personal, to take effect at the death of an individual is called a
codicil
an addition or modification of a will is known as a
property
anything that may be owned, possessed, used, or disposed of for a price is called
customs
common law is based on
the uniform commercial code
in the field of business law, the most important statute is
the judge
in the state court, the chief officer is
statutes
laws enacted by legislative bodies are
ordinances
laws passed by local govs are
anti trust laws
laws that are designed to protect or prevent any individual from controlling a large share of a market or products are
intangible personal property
property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks are
agency
the contract between a principal and an agent creates a relationship called
the probate court
the court having sole jurisdiction over estates is
verdict
the decisions of a jury is the
case law
the doctrine of stare decisis is concerned with
disaffirmance
the election to void a contract is called
ademption
the extinction or withdrawal of a legacy by an act equivalent to revocation is called
concealment
the failure to volunteer or reveal info not requested is termed
contract rate
the max amount of interest that may be charged is called
assignment
the means whereby one party conveys his rights in a contract to another who is not a party to the original contract is called
children of legal age
the ones having the primary right to control final disposition of a deaceased person is
stockholders
the owners of a corp are known as
equity
what is right and just refers to
custodian
when a FD has a dead human body in his care, he is properly termed a
bailee
when a FD has the personal effects of a dead human body in his possession, he is properly termed a
actual custody
when a dead human body is in the mortuary, the funeral home is said to have
intestate
when a person dies without a will, he is said to die
statute of limitations
when one party to a contract breaches it, the other party has the right to sure for breach of contract, but he must exercise this right within the time fixed by a statute which is called
placed in the mail by the offeree
you receive an offer in the mail containing no stipulations as the acceptance, and you decide to return your acceptance by mail. the agreement is complete when the acceptance is
