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Intro to Law Chs. 10 & 11

Across
A legal ___ is a person appointed by a court to act on behalf of another person because of that person's minority or incapacity.
Infrequent today in the civil courts, a judicial recognition that a valid marriage did not take place, a judicial decree that no valid marriage existed, is called a(n) ___.
The third element of a contract, ___, is the exchange of something of value as the basis of the contract. ___ is often money, but it can involve an exchange of benefits between parties, a promise, or even forbearance (not doing something, such as not collecting on a debt).
A contract entered into by persons before they marry to set out the property rights of each spouse during marriage, upon death, and in the event of divorce is called a ___.
Until recent years in the US, a person seeking a divorce had to establish that the other party to the marriage had committed one of the statutory grounds for divorce, in other words that the other spouse was “at ___.”
A party to a contract may assign their ___ under the contract to another person/party who is not a party to the original contract. Contracts generally are assignable unless the contract or a statute provides to the contrary.
The ___ available for a breach of contract include: (1) a lawsuit for monetary damages; (2) a lawsuit for specific performance; (3) rescission of the contract.
An agreement between two or more parties that is enforceable by law is a ___.
A "common ___" marriage is one that was not formed according to the legal requirements of a ceremonial marriage but rather was recognized under the common ___ simply on the basis of cohabitation and the couple holding themselves out to the community as being husband and wife. Most states no longer allow the formation of a marriage in this manner.
The exact legal ___ to marry vary depending on the state, but generally include: a person must be of the state’s required age (exceptions with parental consent and/or pregnancy and/or a child); a person must be mentally competent to understand the consequences of their acts, and must consent to the marriage; a marriage cannot be performed where the parties are within close degrees of blood kinship; and a person cannot get married if they are already married.
One provision of the UCC's Article 2 governing Sales is a provision that, unless excluded or modified, there is an implied warranty of ___, meaning that there is an implied warranty that goods sold are fit for ordinary use if the seller is a merchant who regularly sells goods of that kind.
Under the “___ concept of marriage” aka “___ of person” that most western countries followed through the 1800’s, the law deemed a married couple to legally be one person, the husband. The husband had legal control over his wife’s property and laws restricted married women from entering into contracts or owning property.
There are significant legal ___ of businesses in the US, including but not limited to anti-trust laws (to combat monopolies and agreements in restraint of trade), wage and hours laws (minimum wage and overtime), Civil Rights laws (prohibiting discrimination), consumer protection laws, truth-in-lending laws (protect borrowers), laws regulating food, drugs, and cosmetics (health and safety), consumer credit laws, and laws that regulate the stock markets.
DISADVANTAGES to operating a business as a corporation include: the burden of more administrative matters; its earnings are subject to ___ and those earnings that are distributed to its shareholders are again subject to ___; they must employ accountants and lawyers to comply with laws and regulations.
Marriage creates a contractual ___ that imposes mutual obligations such as support of one another and the offspring of the marriage. The contractual ___ of marriage also grants legal rights: filing joint income tax returns; surviving spouse's tax benefits; surviving spouse's Social Security benefits; pension benefits; compensation for loss of consortium claims; surviving spouse's worker's compensation claims; benefits to spouses with respect to inheritance; and spousal privilege to not to be compelled to testify against one another in court proceedings.
A ___ contract is one the law does not recognize, for example a contract between parties to injure or kill someone.
The offer and acceptance to a contract must be made by persons who have the ___ to contract, meaning they must have attained the age of legal majority and must be mentally competent.
State statutes govern the specific legal requirements for an adoption and they vary from state to state, but generally include: the adopting parents must jointly agree to adopt, the adoption must be in the best interests of the child, and the rights of the biological parents must have ___ (either by their consent or forced by judicial decree.)
The most common way to end a marriage contract is a divorce, also called a ___ of marriage. A divorce or ___ presupposes a valid marriage and is a judicial decree dissolving the bonds of matrimony.
The purpose of BANKRUPTCY laws are designed (1) to give a ___ whose assets exceed their liabilities an opportunity to make a fresh start; and (2) to provide a fair method of distributing the bankrupt ___’s assets among creditors.
The US Supreme Court case extending the constitutional right to marry to same-sex couples is ___ v. Hodges (2015).
The ___ evidence rule is the principle of law that oral agreements (or other extrinsic evidence of other terms) made prior to or at the time of execution of the contract usually cannot be admitted in evidence to vary or contradict the terms of the written contract.
Down
In ___ v. Connecticut (1965), the Supreme Court held that the state of Connecticut’s law banning the use of contraceptives violated the right to marital privacy.
A competent adult can make advance health directives in case of incapacitation concerning the right to ___ extraordinary life-sustaining measures through the use of living wills, durable power of attorney, and do-not-resuscitate orders.
The factors that courts generally look to in determining what child custody arrangement is in the ___ of the child include: the parent more likely to allow the child frequent contact with the non-custodial parent; the physical and mental health and moral fitness of the parents; the emotional ties between the child and the parents; the permanence of the existing or proposed custodial home; the ability and disposition of parents to provide necessaries, including medical care; the expressed preference of older children; and the school and community affiliations and educational opportunities that will be served by the custodial parent. (Defining the standard the courts use to decide custody disputes and discussing the relevant factors that are examined in these situations would be a good essay question.)
The form of business organization in which there is only one owner who has the responsibility and control, enjoys the profits, and suffers any losses is called a ___ proprietorship. Unlike a corporation, a ___ proprietorship has no legal identity apart from the owner, it is not taxed separately for federal income taxes, and a ___ proprietor is personally liable for performance of contracts and for any torts resulting from the operation of the business.
The two general ways that division of a couple’s assets can be accomplished in a divorce are through a property settlement___, a contract entered into by married persons providing for disposition of their assets and liabilities, or through a court-imposed distribution of property.
Selection of the legal form of a business ___ is based on the following factors: the size of the business undertaking, the number of investors required to capitalize the business, the need for professional management, whether the business activities will involve a risk of personal liability to the owners, tax advantages, and expenses of administration. (Discussing the types of business organizations and the advantages and disadvantages of each for formation of a particular business would be a good essay question.)
The three required ___ of an enforceable contract are: offer, acceptance, and consideration.
All states now have laws that provide for judicial proceedings to determine the ___ of a child born outside of a marriage and to compel the father to contribute to the child’s support.
Performance of a contract means fulfilling its terms, or doing what the party to the contract promised to do. The term used to describe when one party to a contract does ___ perform their duty under the contract is "breach of contract."
A no-fault dissolution of marriage is a court judgment dissolving a marriage without the necessity of one spouse’s proving the other spouse to be at fault in the marriage. The spouse(s) seeking the divorce must simply establish that the marriage is “irretrievably ___.” (Discussing the difference between fault and no-fault divorce, what led to no-fault divorce, and societal implications would be a good essay question.
A ___ is a form of business ownership that has a legal existence independent from its stockholders, who own shares of stock issued by the ___.
A business association of two or more persons who combine their money, property, and skill to carry on a lawful business, is a ___. Each member of the ___ is liable for the debts of the ___ and the withdrawal or death of a partner causes a termination of the ___. Each partner is an agent for the other partners each partner is individually and jointly liable for contract and tort liabilities in the scope of ___ business.
___ to operating a business as a corporation include: limited liability for shareholders; aggregation of capital by selling shares of stock; perpetual existence (until dissolved according to law); transferability of ownership; and continuity of management.
Most states have a “___ of frauds” which requires that certain types of contracts be in writing, including but not limited to contracts for transfer, sale, and purchase of real estate and contracts involving sale of personal property beyond a stipulated amount, usually $500. 
If the parents do not agree (on their own or through mediation) to the amount of child ___ the non-custodial parent will pay, a court will determine the amount, and will order child ___ payments to be made on a periodic basis to the custodial or primary residential parent.
The ___ that courts apply to decide child custody disputes is the “best interests of the child” ___.
A special contractual relationship formed according to law between two people that results in the regulation of the social and economic status of the parties by law is called a ___.
In Roe v. Wade (1973) the Supreme Court held that a woman’s right to privacy under the Due Process Clause of the Fourteenth Amendment includes her decision of whether or not to terminate her pregnancy.