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.