With the Issue of Undue Influence, What Must the Victim

question 23

Multiple Choice

With the issue of undue influence, what must the victim do to shift the burden of proof to the dominant party?

• A) Give prima facie evidence.
• B) Indicate how the decision would be different without the influence.
• C) Show there was "constructive fraud".
• D) Show the unfairness of the bargain.
• E) Show that circumstances likely to lead to undue influence.

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Definitions:

Gestalt Psychology

A psychological approach that emphasizes the whole of anything is greater than its parts, focusing on perception and problem-solving.

Functionalism

An early psychological approach that emphasized the function or purpose of behavior and consciousness.

Unconditioned Stimulus

In classical conditioning, it refers to a stimulus that naturally and automatically triggers a reflexive response without any need for learning.

Puckering

The act of contracting or gathering into wrinkles or folds, often referring to the lips.