mortuary law and business law

a person below the adult age is a legatee a devisee a semi-adult a minor

a minor

a process may be referred to as a warrant a summons a verdict an appeal

a summons

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 ademption codicil probate abatement

abatement

when a dead human body is in the mortuary, the funeral home is said to have actual custody constructive custody present custody contract of custody

actual custody

orders and decrees from gov agencies which have the force of law is considered statutory law criminal law civil law administrative law

administrative law

a federal court of appeals is a trail court an appellate court a probate court a superior court

an appellate court

a permanent order, issued by a court, forbidding activities which would be detrimental to others is a restraining order an injunction a statute a writ of habeus corpus

an injunction

an expressed willingness from a person to enter into a contractual agreement is an invitation to bid a quasi contract a written agreement an offer

an offer

when a FD has the personal effects of a dead human body in his possession, he is properly termed a bailee bailor custodian consignee

bailee

the right to declare dividends upon the discretion of the promoter stockholders board of directors shareholders

board of directors

the doctrine of stare decisis is concerned with sits torts criminals case law

case law

a draft drawn on a bank and payable on demand is a promissory note debenture certificate of deposit check

check

the ones having the primary right to control final disposition of a deaceased person is brothers and sisters grandparents children of legal age parent

children of legal age

an addition or modification of a will is known as a gift letters testamentary deed codicil

codicil

customs which have come to be recognized by the courts law describes constitutional law case law common law criminal law

common law

whatever the promisor demands and receives as the price for his promise is called consideration forbearance disaffirmance ratification

consideration

common law is based on customs legacies written law trust

customs

the election to void a contract is called ratification usury disaffirmance forbearance

disaffirmance

what is right and just refers to judicial admission equity deprivation superior

equity

a personal rep of the decedent appointed in the will to carry out the provisions of the will is called devisee administrator executor surrogate

executor

perjury is silence false testimony duress undue influence

false testimony

a term involving a relation of trust or confidence fiduciary fraud bailment usury

fiduciary

a contact under seal is called simple executed executory formal

formal

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 fraud duress unjust enrichment undue influence

fraud

a newspaper advertisement can be an offer if it shows mutual agreement the price intent markup

intent

when a person dies without a will, he is said to die testate intestate executor administrator

intestate

a contract made with who would be considered void intoxicated person minor adult judicially declared insane person

judicially declared insane person

rules of civil conduct commanding what is right and prohibiting what is wrong defines civil law business law tort law law

law

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 negotiable instruments bailments fungibles contracts

negotiable instruments

laws passed by local govs are ordinances statutes torts unenforceable

ordinances

all physical items that are not real property are classified as personal property perpetual property short property general property

personal property

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 received by the offeree placed in the mail by offeree received by the offeree never complete, must be an oral acceptance

placed in the mail by the offeree

the party who institutes a court action is the administrator bailor plaintiff defendant

plaintiff

the filling and proving of the will following death is called lawsuit accounting probate specific performance

probate

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 draft check promissory note certificate of deposit

promissory note

anything that may be owned, possessed, used, or disposed of for a price is called slander property estoppel usury

property

a restatement of one's willingness to be bound by his promises made during minority is called ratification usury disaffirmance forbearance

ratification

land, timber, minerals, buildings, and other man made property permanently attached to land are called real property personal property tangible personal property intangible personal property

real property

to cancel or annul or avoid a contract is to validate execute an option rescind recall

rescind

the highest court of a state is the court of appeals state supreme court superior court court of original general jurisdiction

state supreme court

laws enacted by legislative bodies are statutes injunctions ordinances constitutions

statutes

does not render an agreement defective identity of the subject matter identity of the party or parties terms of the contract existence of the subject matter

terms of the contract

in the state court, the chief officer is the marshall the bailff the clerk of the court the judge

the judge

the court having sole jurisdiction over estates is the magistrates court the justice of the peace the county court at law the probate court

the probate court

in the field of business law, the most important statute is the uniform commercial code the business code of ethics the federal tort claims act common law

the uniform commercial code

a pvt or civil wrong, either international or caused by negligence, for which there may be action for damages is fraud tort unjust enrichment undue influence

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 tort felony criminal act misdemeanor

tort

the law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is business law tort law criminal law state law

tort law

any rate of interest above the max rate allowable by law is said to to be fiduciary usurious undulant duress

usurious

a contract which is enforceable by the court is voidable formal valid void

valid

the decisions of a jury is the warrant summons judgement verdict

verdict

a written disposition of property, real or personal, to take effect at the death of an individual is called a will lease deed promissory note

will

a document which defines the relationships of the gov itself and of its citizens is the uniform commercial code civil law common law a constitution

a constitution

a temporary order forbidding a certain action is a statute a restraining order an injunction a writ of habeus corpus

a restraining order

a court of original general jurisdiction is an original court a supreme court an appellate court a trial court

a trail court

a person appointed by the court to oversee the estate of an intestate is called heir executor legatee administrator

administrator

the means whereby one party conveys his rights in a contract to another who is not a party to the original contract is called assignment bill of sale a contract of agency novation

assignment

law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is business law criminal law tort law martial law

business law

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 cooperative corporation proprietorship partnership

corporation

when a FD has a dead human body in his care, he is properly termed a bailee bailor custodian consignee

custodian

the profits of a corp belong to the corp until set aside by the directors for distribution drafts patents dividends deeds

dividends

common law developed in england egypt bulgaria mexico

england

a corporation has a distinct existence separate and apart from the existence of its individual members which is known as fiduciary annuity proprietary entity

entity

a contract in which the terms have not been fully performed by all the parties is said to be executory executed void voidable

executory

when one promises to refrain from doing something, his conduct is known as consideration forbearance disaffirmance ratification

forbearance

a will written entirely by the testator with his own hand is properly termed a regular will holographic will testate will noncupative

holographic will

the substitution of a new party for the original party who is to perform is called assignment replacement a contract of agency novation

novation

to read the charge of an indictment is to annul to assualt to set bond to arraign

to arraign

a contract made by a person who is intoxicated, but aware of the consequences of his/her actions is valid void voidable unenforceable

valid

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 solvent estate intestacy per stirpes intestacy per capita insolvent estate

insolvent estate

the laws of city councils are called statutes ordinances torts constitutions

ordinances

personal property which can be seen and touched is real property personal property tangible personal property intangible personal property

tangible personal property

a formal written command issued by a court of law a writ a warranty deed a note payable a will

a writ

the extinction or withdrawal of a legacy by an act equivalent to revocation is called ademption probate abatement intestacy

ademption

laws that are designed to protect or prevent any individual from controlling a large share of a market or products are consumer protection laws anti-trust laws production controls laws nader laws

anti trust laws

the right to sue the federal government is derived from the clayton act the robinson-patman act the federal claim act the federal trade commission act

the federal claims act

a contract in which undue influence was proven is considered valid void voidable express

voidable

a contract made by an insane person who has not been declared so judicially is valid void voidable unenforceable

voidable

the failure to volunteer or reveal info not requested is termed default complaint concealment

concealment

the max amount of interest that may be charged is called capital rate legal rate prime rate contract rate

contract rate

a contract that may be set aside by at least one of the parties is voidable formal valid void

voidable

a contract made by a person who is so intoxicated as to be unaware of the consequences is void valid executory voidable

voidable

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 nominal damages compensatory damages punitive damages liquidated damage

compensatory damages

property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks are real property personal property tangible personal property intangible personal property

intangible personal property

the power of authority which each court has to hear cases is called its forbearance disaffirmance jurisdiction judicial power

jurisdiction

not a type of inferior state court justice of the peace court juvenile court magistrate court small claims court

juvenile court

in order to be enforceable, a valid contract must meet what requirements? 1. mutual agreement 2. competent parties 3. supported by consideration 4. lawful purpose

mutual agreement; competent parties; supported by consideration; lawful purpose

a breach of the duty of care one individual has toward other is called criminal negligence civil law promissory estoppel

negligence

defamation of character by spoken words or gestures attest slander breach libel

slander

parol evidence is legality battery spoken words chattel

spoken words

the statute listing certain classes of contracts which must be in writing to be enforceable is called the statue of written contract statue of limitations statue of frauds statue of contracts

statute of frauds

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 statue of time statue of limitations statue of fraud statue of contracts

statute of limitations

the owners of a corp are known as directors stockholders makers promoters

stockholders

a person who dies leaving a valid will is called a testator intestate administrator donor

testator

a contract made by a legally declared insane person is valid void voidable unenforceable

void

a contract that is of no legal effect voidable formal valid void

void

mutual mistakes as to the existence of the subject matter renders a contract valid void voidable unenforceable

void

the law of the land in the US is the U.S constitution president executive decree executory

US constitution

the highest court of the land in the US is the state supreme court appeals court superior court U.S supreme court

US supreme court

the contract between a principal and an agent creates a relationship called debenture agency novation ultra vires

agency