Last Topics Flashcards
(30 cards)
What is the no.1 cause of divorce?
Incompatibility
What are the two types of divorce?
-Contested
-Uncontested
What is the contested type of Divorce?
That they don’t agree on how to divide the property, assets or kids.
What is the Uncontested type of Divorce?
That they agree on 95% of how the assets are gonna be divided.
What is the main thing Arkansas requires for a divorce?
Grounds-Reasons for the divorce
What are the usual grounds for a divorce?
-General Indignities
-Conviction of a felony
-Adultery
-18 months continuous separation
For what reason you could not get divorce?
If the woman is pregnant.
How is divorce a division of property?
-Each party is entitled to 1/2 of the marital assets.
-Each party is entitled to 1/2 of the marital debts.
-Non marital assets are not divided.
How does child custody work through a divorce?
As of 2021, there is a presumption in favor of joint custody. Or they do “Best interest of the child”.
If joint custody is not possible, non-custodial parent does the child support to the custodial parent.
What is an Alimony
Payments from one spouse to another if one earns much more than the other.
It ends if the other part remarries.
What is a contract?
A set of promises, for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty.
What are the four major elements of a contract?
-Offer
-Acceptance
-Consideration
-Defenses
What is the offer in a contract?
Manifestation of willingness to enter into a bargain, made so as to justify another person in understanding that his/her assent to that bargain is invited and will conclude it.
Who is the offeror?
The person making the offer
Who is the offeree?
The person to whom the offer is made
Elements required for an offer to be effective
-Intent
-Definite and certain terms
-Communication
What is the intent in an offer?
The offeror must objectively intend to be bound by the offer.
What does not mean to be bound by the offer?
-Offers made in jest or not valid offers.
-Opinion
-Advertisements
What are the definite and certain terms?
The terms of the offer must be definite or reasonably certain
-Parties
-Subject matter
-Price
-Time of performance
Why can an offer be terminated?
-Actions of the parties
-Operation of law
What does it mean to be terminated by action of the parties?
-Revocation of the offer by offeror
-By rejection of the offer by the offeree
-By counteroffer by the offeree
What does it mean to be terminated by operation of law?
-Lapse of time (If it doesn’t have a time it dies in 3 days)
-Death of either of the parties
-Destruction of the subject matter
-Supervening illegality
What is acceptance in the contract?
Defined as the manifestation of assent by the offeree to the terms of the offer.
What are the general rules of Acceptance?
-Must be unequivocal. “Mirror Image” rule.
-Silence does not mean acceptance.
-Acceptance is valid if they got it in the mailbox
