Legal Principles and Foundations Flashcards

What is the primary purpose of a statute of limitations in civil law?

Answer: To set a deadline by which a lawsuit must be filed

A statute of limitations establishes the maximum time period after an event within which a party must file a legal claim.

Which branch of U.S. government has the authority to declare laws unconstitutional?

Answer: Judicial branch

Through the power of judicial review established in Marbury v. Madison (1803), the judicial branch can strike down laws that violate the Constitution.

In agency law, which term describes an agent's authority that a principal expressly grants through words or writing?

Answer: Express authority

Express authority is explicitly granted by the principal to the agent, either orally or in writing.

What does the legal term 'tortfeasor' refer to?

Answer: A party who commits a tort

A tortfeasor is a person or entity that commits a tort, making them potentially liable for civil damages.

Under the Uniform Commercial Code (UCC), Article 2 primarily governs:

Answer: Sales of goods

UCC Article 2 governs the sale of goods (movable, tangible personal property), providing uniform rules across adopting states.

Which legal doctrine allows a court to look beyond the corporate structure to hold shareholders personally liable for corporate debts?

Answer: Alter ego doctrine (piercing the corporate veil)

Courts may pierce the corporate veil under the alter ego doctrine when the corporate form is used to perpetrate fraud or injustice.

What distinguishes a void contract from a voidable contract?

Answer: A void contract has no legal effect from the start; a voidable contract is valid until rescinded by the injured party

A void contract is unenforceable from its inception (e.g., illegal purpose), while a voidable contract is enforceable unless the injured party chooses to rescind it.