Card: 4 / 40 |
Obligations are a specific class of duties that correlate directly with rights in personam. |
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True or False: The duty to refrain from interference with the person or property of others is considered an obligation. |
Card: 7 / 40 |
Fill in the blank: An obligation encompasses the legal relation known as ___, which includes both rights and duties. |
Card: 11 / 40 |
True or False: A tort is defined as a civil wrong for which the remedy is an action for damages. |
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Crimes, civil wrongs with remedies other than damages, breaches of contracts, and breaches of trusts or equitable obligations. |
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A contract implied in law is fictitious and not agreed upon, while a contract implied in fact is inferred from the conduct of the parties. |
Card: 17 / 40 |
True or False: All debts are deemed to be contractual in origin according to common law. |
Card: 19 / 40 |
Fill in the blank: If a person is injured by a tort, they may choose to waive the tort and sue in ___ instead. |
Card: 21 / 40 |
What is the legal consequence if a person wrongfully takes and sells another's goods? |
Card: 22 / 40 |
The wrongdoer is guilty of the tort of trespass and may be obliged to pay damages, but the injured party can choose to sue in contract instead of tort. |
Card: 23 / 40 |
True or False: The law of contracts is considered a separate department from the law of torts. |
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Fill in the blank: A judgment creates a debt that is considered ___ in nature. |
Card: 27 / 40 |
The distinction between substantive law and procedure is primarily one of ___ rather than ___ in many cases. |
Card: 29 / 40 |
True or False: A rule of evidence that a contract can only be proved by a writing is equivalent to a substantive rule that a contract is void unless reduced to writing. |
Card: 33 / 40 |
What is the significance of the rule that a child under the age of seven is incapable of criminal intention? |
Card: 34 / 40 |
It serves as a rule of evidence but reflects the substantive rule that no child under that age can be punished for a crime. |
Card: 35 / 40 |
Fill in the blank: A bond was originally a conclusive proof of a debt but has now become ___ of a debt. |
Card: 37 / 40 |
True or False: The acts of a servant done about his master's business are always done with the master's authority. |
Card: 39 / 40 |
What is an example of a procedural rule that has substantive implications as mentioned in the text? |
Card: 40 / 40 |
The rule that a contract must be in writing to be enforceable corresponds to the substantive law that a contract is void unless it is in writing. |