Mors 200 Arts Final - Business Law Vocabulary Part 2
A Subchapter S Corporation is a special corporate structure that allows profits and losses to pass through to shareholders’ personal tax returns, avoiding corporate income tax. It retains the legal benefits of a corporation while being taxed like a partnership.
Those individuals actively and openly engaged in the business and held out to everyone as a partner.
General Partner
Key Terms
Those individuals actively and openly engaged in the business and held out to everyone as a partner.
General Partner
The party making the assignment.
Assignor
The party who hires people to do certain work.
Employer
An order by a depositor on the bank to pay a sum of money to a payee.
Check
Those having title to one or more shares of stock in a corporation; combined, they represent ownership of the corporation.
Shareholders (Stockholders)
Partner active in a business unknown to the public.
Secret Partner
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| Term | Definition |
|---|---|
Those individuals actively and openly engaged in the business and held out to everyone as a partner. | General Partner |
The party making the assignment. | Assignor |
The party who hires people to do certain work. | Employer |
An order by a depositor on the bank to pay a sum of money to a payee. | Check |
Those having title to one or more shares of stock in a corporation; combined, they represent ownership of the corporation. | Shareholders (Stockholders) |
Partner active in a business unknown to the public. | Secret Partner |
Court which conducts the original trial and renders its decision. | Trial Court |
Customs which have become recognized by the courts as binding on the community. | Common Law |
All property which is not real property. | Personal Property |
Person who pretends to be a partner or permits others to represent him or her as a partner. | Nominal Partner |
A designation which applies to a corporation in which an outstanding share of stock and managerial control are held by a limited number of people (often members of the same family). | Close (Closely Held) Corporation |
The authority of an agent, stated in the document of agreement creating the agency. | Express Authority |
An agent's authority to do things not specifically authorized in order to carry out express authority. | Implied Authority |
The party to whom any negotiable instrument is made payable. | Payee |
The person against whom legal action is brought. | Defendant |
An individual who takes no active part in the management of a partnership, buy has capital invested in the business. | Silent Partner |
Termination of a contract by performance, agreement, impossibility, acceptance of breach, or operation of law. | Discharge |
Recipient of the proceeds of a life insurance policy; one who inherits property as specified in a will. | Beneficiary |
Partners who have their liability for the firm's debts limited to the amount of their investment. | Limited Partner |
Any contract other than a formal contract, whether written, oral, or implied. | Simple Contract |
An indorsement which limits the liability of the indorser. | Qualified Indorsement (Qualified Endorsement) |
A private or civil wrong, other than by breach of contract, for which there may be action for damages. | Tort |
A party who appoints a second party to serve as an agent. | Principal |
One who is authorized to execute the principal's business of a particular kind, or all the principal's business at a particular place, if not all of one kind. | General Agent |
A commercial paper made payable to bearer, i.e. the person having possession of such. | Bearer Paper |
The goods specified by the buyer and seller. | Identified Goods |
A body of persons elected by the stockholders to define and establish corporate policy. | Board of Directors |
Goods which are not in existence at the time a contract is agreed to. | Future Goods |
An indorsement which designates the particular person to whom payment is to be made. | Special Indorsement (Special Endorsement) |
The body of law concerned with private or purely personal rights. | Civil Law |
A token award to symbolize vindication of the wrong done to the plaintiff; generally, the award is $1.00. | Nominal Damages |
A relationship of trust and confidence, such as that which exists between partners in a partnership. | Fiduciary |
Laws dealing with crimes and the punishment of wrongdoers. | Criminal Law |
Designation that applied when a corporation operates in any state other than where it is chartered. | Foreign Corporation |
An agreement which at the current time is not enforceable by law. | Unenforceable Contract |
Those contracts in which the terms have not been completely executed or fulfilled by the parties. | Executory Contract |
One to whom goods are shipped by common carrier. | Consignee |
Newest form of business ownership recognized by the U.S.; combines features of both the corporation and partnership. | Limited Liability Corporation |
Evidences of ownership of personal property such as stock of corporations, checks and copyrights. | Intangible Personal Property |
A check drawn on a bank's own funds and signed by a responsible bank official. | Cashier's Check |
An equitable doctrine that prevents the promisor from revoking the promise when the promisee justifiably acts in reliance upon the promise to his detriment. | Promissory Estoppel |
One authorized by the principal to execute specific act(s). | Special Agent |
Persons who are afflicted with a serious mental disorder impairing their ability to function. | Insane |
A situation in which one of the parties to a contract fails or otherwise refuses to perform the obligations established in the contract. | Breach of Contract |
A corporation formed to carry out government functions. | Public Corporation |
A contract remedy by which the court requires the breaching party to perform the contract. | Specific Performance |
The person to whom an offer is made. | Offeree |
A document of conveyance which provides written evidence of title to tangible personal property. | Bill of Sale |
A person who becomes the holder of a negotiable instrument by indorsement which names him or her as the person to whom the instrument is negotiated. | Indorsee (Endorsee) |
Those rules of conduct prescribed by a government and its agencies in regulating business transactions. | Business Law |
A seller agrees to transfer title to goods to the buyer for a consideration (price) at a future time. | Contract to Sell |
The contract existing between the cosignor (shipper) and the carrier. | Bill of Lading |
The proposal to make a contract. | Offer |
The act of transferring ownership of a negotiable instrument to another party. | Negotiation |
A writing drawn in a special form which can be transferred from person to person as a substitute for money or as an instrument of credit. | Negotiable Instrument (Commercial Paper) |
The party to whom the assignment is made. | Assignee |
Contracts in which the terms have ben fulfilled. | Executed Contract |
One in which terms of the contract are implied by acts or conduct of the parties. | Implied Contract |
Refusal to accept. | Rejection |
An agreement between two or more competent persons which is enforceable by law. | Contract |
One who contracts to perform certain tasks for a set fee, but who is independent of the control of the contracting party as to a means by which the contract is executed, except for specifications established in the contract. | Independent Contractor |
A commercial paper made payable to the order of some named party; the word order or its equivalent must be used. | Order Paper |
The signature or statement of purpose by the owner on the back of negotiable instrument, which indicates the future control of the instrument. | Indorsement (Endorsement) |
Those goods which are, at the time of the contract, in existence and owned by the seller. | Existing Goods |
A person in possession of a negotiable instrument who accepts the negotiable instrument in good faith and for value. | Holder in Due Course |
Charging a person with a crime and asking for that person's plea. | Arraignment |
A means of removing one's free will, obtaining consent by means of a threat to do harm to the person, his family, his property, or his earning power. | Duress |
Power to act for someone else. | Authority |
The repudiation of, or election to avoid, a voidable contract. | Disaffirmance |
A business entity created by statutory law and owned by individuals known as stockholders. | Corporation |
Stock that entitles owner vote. | Common Stock |
Stock with an assigned face value | Par-value Stock |
Stock giving special advantage as to payment of dividends, upon liquidation or both. | Preferred Stock |