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2024 NALA CERTIFIED PARALEGAL EXAM TERMS AND CONCEPTS!!
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2024 NALA CERTIFIED PARALEGAL EXAM TERMS AND CONCEPTS!!
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2024 NALA CERTIFIEDPARALEGAL EXAM
TERMS AND
CONCEPTS!!
NALA CERTIFIED PARALEGAL
Evatee 9/22/24 NALA CERTIFIED PARALEGAL
,2024 NALA CERTIFIED PARALEGAL EXAM
TERMS AND CONCEPTS!!
Estate administration Answer - The process in which a decedent's personal
representative settles the affairs of the decedent's estate (collects assets, pays
debts and taxes, and distributes the remaining assets to heirs); the process is
usually overseen by a probate court.
inter vivos trust Answer - A trust created by the grantor (settlor) and effective
during the grantor's lifetime—that is, a trust not established by a will.
Assault Answer - Any word or action intended to make another person
apprehensive or fearful of immediate physical harm, a reasonably believable
threat.
Battery Answer - The intentional and offensive touching of another without
lawful justification.
Contributory Negligence Answer - A theory in tort law under which a
complaining party's own negligence contributed to his or her injuries. This type
of negligence is an absolute bar to recover in some jurisdictions.
Comparative Negligence Answer - A theory in tort law under which the liability
for injuries resulting from negligent acts is shared by all persons who were
guilty of negligence (including the injured party) on the basis of each person's
proportionate carelessness.
,Negligence per se Answer - An action or failure to act in violation of a statutory
requirement.
Strict Liability Answer - Liability regardless of fault. In tort law, strict liability
may be imposed on a merchant who introduces into commerce a good that is
so defective as to be unreasonably dangerous.
Contract Validity Requirements Answer - Agreement, Consideration,
Contractual Capacity, Legality
Agreement Answer - A meeting of the minds, and a requirement for a valid
contract. It involves two distinct events: an offer to form a contract and the
acceptance of that offer by the offeree.
Offer Answer - A promise or commitment to do or refrain from doing some
specified thing in the future.
Offeror Answer - The party making the offer.
Offeree Answer - The party to whom the offer is made.
Acceptance Answer - In contract law, the offeree's indication to the offeror
that the offeree agrees to be bound by the terms of the offeror's offer, or
proposal to form a contract.
Mirror Image Rule Answer - A common law rule that requires that the terms of
the offeree's acceptance adhere exactly to the terms of the offeror's offer for a
valid contract to be formed.
, Mailbox Rule Answer - A rule providing that an acceptance of an offer takes
effect at the time it is communicated via the mode expressly or impliedly
authorized by the offeror, rather than at the time it is actually received by the
offeror. If acceptance is to be by mail, for example, it becomes effective the
moment it is placed in the mailbox.
Consideration Answer - Something of value, such as money or the
performance of an action not otherwise required, that motivates the formation
of a contract. Each party must give this for the contract to be binding.
Promissory Estoppel Answer - A doctrine under which a promise is binding if
the promise is clear and definite, the promisee justifiably relies on the promise,
the reliance is reasonable and substantial, and justice will be better served by
enforcement of the promise.
Contractual Capacity Answer - The threshold mental capacity required by law
for a party who enters into a contract to be bound by that contract.
Statute of Frauds Answer - A state statute that requires certain types of
contracts to be in writing to be enforceable.
Uniform Commercial Code (UCC) Answer - Statutes adopted by all states, in
part or in whole, that contain uniform laws governing business transactions as
defined in the code.
Rescission Answer - An action to undo, or terminate, a contract-to return the
contracting parties to the positions they occupied prior to the transaction.
Restitution Answer - An equitable remedy under which a person is restored to
her or her original position prior to loss or injury, or placed in the position that
he or she would have been in had the breach not occurred.
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