Paralegal Exam

Agreement - an offer and an exceptance
Consideration - something of value that is received or promised to convince someone to make a deal
Contractual Capacity- mental and legal ability to form a contract
Legality - purpose to accomplish a goal that is legal

The equitable remedy that calls for the performance of an act promised in a contract. Specific performance is appropriate when the legal remedy - money compensation- is inadequate. An example of when specific performance may be used is in contracts involving the sale of a rare item.

The testator must have testamentary capacity (legal and mental ability) to form a will
The will should be in writing
The will must be signed by the testator
The will must be witnessed
In some states the will must be published meaning the testator makes an oral declaration that this is their last will and testament

Three grounds for divorce are adultery, desertion, and cruelty

Superfund is an act that regulates the clean up of disposal sites where hazardous waste is being leaked into the environment. Superfund imposes strict liability on potentially responsible parties.

The four parties that are responsible for the cleanup of hazardous waste are 1) the party that created the waste 2) the party that transferred the waste to the site 3) the owner/operater of the site at the time the waste was dumped and 4) the current owner/operator of the site