BUSI 301 Quiz 2 Constitution, Law, Dispute Resolution solutions complete answers

BUSI 301 Quiz 2 Constitution, Law, Dispute Resolution solutions complete answers

 

What types of powers do appellate courts have?

 

Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico. He has been making inappropriate sexual comments to her and other employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that if she wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements. Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations. He also tells Jenny in response to her question about the possibility of mediation in her case to forget it because mediation is pretty much the same thing as arbitration. Did Brice correctly tell Jenny that mediation is nearly the same as arbitration?

 

Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposes that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Sam's statement?

 

Suppose Paula, a resident of Florida, and her brother Tom, who lives in Maine, have a dispute about their grandmother’s real estate left to them in a will. The property is in Michigan, where their grandmother lived. Which of the following is true regarding jurisdiction over this dispute?

 

Which of the following is true regarding state intermediate courts of appeal in state court systems?

 

The common law process of _____ allows courts to review legislative and executive actions to determine whether they are constitutional.

 

Which constitutional amendment protects freedom of religion?

 

The Supremacy Clause is located in Article _____ of the United States Constitution.

 

The federal court system derives its authority from:

 

Which constitutional amendment protects against double jeopardy?

 

Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposes that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill's statement?

 

Penelope is being sued by her old employer over a breach of contract. The plaintiff sends Penelope a list of written questions that she is to answer under oath. These are known as _____.

 

Because the federal government has only those powers granted to it by the United States Constitution, federal legislation that affects business must be based on what?

 

The United States Congress passed a law that the president does not support. The president can use his or her _____ power to overrule the law passed.

 

_____ cannot deprive individuals of the freedoms protected by the Bill of Rights.

 

Which constitutional amendment extends most of the provisions in the Bill of Rights to the states, prohibiting state interference in citizens’ exercise of their rights?

 

Suppose a plaintiff alleges that a North Carolina campaign-financing law violates his First Amendment (to the United States Constitution) free speech rights. This case _____, and it falls under _____ jurisdiction.

 

Which amendment to the United States Constitution guarantees citizens both procedural due process and substantive due process?

 

Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?

 

To determine whether Congress intended to provide exclusive regulation in a certain area, what will courts look to?

 

Which of the following is a type of alternative dispute resolution (ADR)?

 

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

 

The arbitrator typically provides a decision within ____ days of an arbitration hearing.

 

What is the term of appointment for United States Supreme Court justices?

 

The plaintiff in a lawsuit must provide the defendant with a copy of the complaint and summons. This is referred to as ______.

 

What are the trial courts in the federal court system called?

 

When a plaintiff files a case involving concurrent jurisdiction in state court, the defendant has a right of _____. This right entitles the defendant to transfer the case to federal court.

 

A court acquires in personam jurisdiction over the plaintiff when:

 

Trial courts are courts of _____ jurisdiction.

 

Which of the following is an advantage of mediation?

 

A defendant uses a(n) ______ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

 

Which of the following is an extension of negotiation?

 

Which of the following is a reason that an arbitration award may be set aside under the Federal Arbitration Act?

 

After the discovery process, either party can file a motion for _____. This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.

 

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

 

The case-or-controversy requirement ensures that courts do not render _____.

 

Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury, as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who said that they could not be fair is referred to as a(n):

 

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve Billy's testimony for trial in case he dies before the trial date. What should Pat do?

 

Revenge. Jane, a first-year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first-year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal. What advice should Alex give to Greg regarding an appeal filed in federal court?

 

Which of the following is a question of fact?

 

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance, claiming that the neighbor plays music too late at night. Candy puts Ann on the stand and asks her questions. Candy is involved in which of the following?

 

Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Will an appellate court initially hear Jim's case deciding issues such as whether he has a claim and can act as a plaintiff?

 

Revenge. Jane, a first-year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first-year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire?

 

Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico. He has been making inappropriate sexual comments to her and other employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that if she wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements. Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations. He also tells Jenny in response to her question about the possibility of mediation in her case to forget it because mediation is pretty much the same thing as arbitration. Did Brice correctly tell Jenny that mediation is nearly the same as arbitration?

 

Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico. He has been making inappropriate sexual comments to her and other employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that if she wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements. Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations. He also tells Jenny in response to her question about the possibility of mediation in her case to forget it because mediation is pretty much the same thing as arbitration. What is the effect of the arbitration agreement on Jenny's ability to file an action in court?

 

In what case does the United States Supreme court uphold a federal statute that grants federal funds to highways in which 21 is the legal drinking age?

 

_________ cannot deprive individuals of the freedoms protected by the Bill of Rights.

 

what type of speech does the First Amendment to the US Constitution not protect?

 

A _________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant

 

when can governments obtain a search warrant

 

when may governments search without a search warrant?

 

which of the following is an exception to the rule that administrative searches usually require search warrants?

 

basic fairness of laws that may deprive an individual of her life, liberty, or property?

 

what does the fifth amendment's taking clause reference

 

If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.

 

The legislatiors of NEw state institute a law that mothers of children in elementary school, but not fathers, are entitled to seven days off each year in order to attend school events. Which level of scrutiny will the court apply to the law?

 

New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

 

Junk food. Mary Dogood, reference to police power?

 

Junk food. Mary Dogood, in determining whether the law is constitutional, which of the following will a court likely ask?

 

Junk food. Mary Dogood, what do courts generally presume regarding laws passed in accordance with states' police power?

 

Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill's statement?

 

Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen's statement?

 

Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Sam's statement?

 

Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by breaking down the door. Which of the following is true on that issue?

 

Sam is engaged in growing marijuana, the police thought he looked a little scruffy, broke down his door, searched his home, and arrested him. Police officer told Sam that beecause marijuana was involved, Sam lost his rights against self-incrimination and that he may as well confess.

 

Sam, marijuana, judge was angry at him so he threw him in jail for two months without any kind of hearing. what is one right that the judge has violated?

 

the burden of proof is ________ in a criminal case then in a civil case

 

In strict liability crimes, mens rea _______ required

 

in common law, a corporation _________ be found guilty due to the lack of mens rea

 

In china, officials found guilty of extortion and accepting bribes are subject to life imprisonment or even the possibility of being put to death

 

after being arrested and read their miranda rights, defendants are taken to the police station for ________________, a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records.

 

the social responsibility of business consists of the expectations ________ impose on the firm

 

which of the following is an INCORRECT statement regarding values?

 

which of the following is an example of a primary value of freedom?

 

In 2007, Dole was sued by a group of its employees for

 

Positive abstractions that capture our sense of what is good or desirable are ______.

 

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

 

who are the stakeholders in the company (environmental concerns example)

 

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Connie, however, decides to go forward with her plan to clean things up under the theory that she wants to treat others in the same manner that she wants to be treated. Under Connie's theory, if she did not understand the importance of the environmental improvements, she would want them to be thrust upon her. Connie's idea is best referred to as ______.

 

Crimes are prosecuted by ________

 

if a pet store dumps waste from its business behind its building, it is a violation of _______

 

The US Constitution is the foundation for _______

 

The legislative branch of government creates ______

 

an alternative name for case law is _______

 

In accordance with stare decisis, rulings that are made in _______ courts become binding precedents for ______ courts

 

_________ claim the power to issue executive orders based on the Article 11, section 3, constitutional power to "take care that the laws be faithfully executed"

 

laws comparing and studying the laws in different countries are known as __________

 

Which of the following is true regarding when an offeree may reject an offer?

 

Which of the following is true regarding the rights of an incidental beneficiary to a contract to sue to recover incidental rights?

 

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

 

The _____ doctrine allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.

 

When Austin, Texas decides to implement a new tax code that will impose a new tax on business owners within its city limits, which law is applicable?

 

Which type of contract allows one or both of the parties the ability to either withdraw from the contract or to enforce the contract?

 

When judges make legal interpretations, this is often referred to as case law or ___________.

 

A contract that supplies the minor with basic needs such as food, clothing, and shelter is called a(n) _____.

 

Morrey and Veronica get into an accident. Both sides have worked to settle their claims but are unable to do so. The case is __________ because the judge would be able to make a decision which would affect the parties.

 

Which term in criminal law means "the guilty act?"

 

The termination of a contract is known as _____.

 

Temecula, California has instituted a new code regarding motorized scooters. This is an example of a(n):

 

Which of the following is a false statement about a material fact that the person who asserted the statement believed to be true?

 

Article 2 of the Uniform Commercial Code (UCC) governs contracts _____.

 

Which of the following is incorrect regarding the rights of assignees and assignors?

 

The doctrine of _____ allows that if the state and federal government have concurrent authority, the federal government has the right to regulate in that area exclusively.

 

A dispute over a(n) _____ debt may be settled for less than the full amount if the parties enter into a(n) _____.

 

Expiration of the statute of limitations period for a breach of contract action may make a contract _____.

 

A(n) _____ contract is, in effect, not a contract at all.

 

Which of the following means that a contract cannot be illegal or against public policy?

 

Which of the following schools of jurisprudence is most closely tied to the pursuit of efficiency?

 

Anna's attorney Sergio is discussing with Anna her willingness to sell property to his partner. Sergio reminds Anna that he has never led her estray in all the years he has helped her. He continues to persuade Anna that it is a great deal to sell her property to his partner. This is a form of _____.

 

Which of the following is true regarding the Fourteenth Amendment to the United States Constitution?

 

If a person is misled by the innocent misrepresentation of another party, the misled person can _____.

 

Which of the following is true regarding the protection of "fighting words" under the First Amendment to the United States Constitution?

 

Tulum is a sixteen-year-old who has sought and received full legal capacity to contract from the court. This means that Tulum is _____.

 

Which of the following makes mediation advantageous?

 

Promissory estoppel is the legal enforcement of an otherwise unenforceable contract _____

 

If an intended beneficiary wants to enforce his or he rights, they cannot do so until when?

 

Because their contracts are _____, minors have the right, until a reasonable time after reaching the age of majority, to _____, or avoid, their contracts.

 

If a contract is deemed unenforceable, what remedy is available to the parties?

 

Contracts that are _____ may be rescinded or canceled.

 

A promise to do something that you are already obligated to do is _____.

 

A(n) _____ is an erroneous belief about the facts of a contract at the time the contract is concluded.

 

Which of the following refer(s) to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

 

Which of the following is true if no means of communicating an acceptance is specified in an offer?

 

Which of the following occurs when a person threatens not to perform a contract obligation unless the other party either signs another contract with the person making the threat or pays him or her a higher price than was specified in the original agreement?

 

If the plaintiff is seeking legal damages which would put him in the same position he would have been in had the contract been fully performed, he is suing for _____ damages.

 

Which of the following terms means that past decisions guide future decisions?

 

Which of the following is a condition courts require in order to recognize substantial performance?

 

Which of the following does not constitute valid consideration?

 

What damages are given to punish the defendant and are generally only given when the defendant's conduct is extremely outrageous?

 

When a case involving diversity of citizenship is tried in federal court, there are two specific jurisdictional requirements that must be met. What are the conditions?

 

Which of the following are examples of people who do not have the capacity to enter into legally binding contracts?

 

The term "checks and balances" means that _____.

 

A statement releasing one of the parties to an agreement from all liability, regardless of who is at fault or what the injury suffered is, would be referred to as a(n) _____.

 

According to the United States Constitution, the authority to govern is divided between federal and state governments. This is known as _____.

 

A(n) _____ contract contains multiple parts that can each be performed separately.

 

Which defense is used when the defendant admits the facts are accurate but there are additional facts that the defendant can point to that provide justifiable actions by the defendant?

 

What type of jurisdiction do trial courts have?

 

As a general rule, when is revocation of an offer effective?

 

The "Who" in the WH process of ethical decision making means what?

 

Helen finds a piece of land that she is interested in purchasing. She asks Robert, the landowner, to hold the land for her while she makes a decision. Robert says that for $1,000, he will hold the land for her while she decides, and Helen agrees. This is an example of a(n) _____.

 

Douglas committed a crime for which he was found guilty and will serve a 10-year sentence in the penitentiary. What type of crime was this?

 

Which of the following is an extension of negotiation?

 

A _____ cause is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.

 

mens rea means _____.

 

Gregg has offered to perform his contract obligation and he is ready, willing, and able to perform. This offer of performance is known as _____.

 

If the plaintiff wants a court order that requires the defendant to fulfill the terms of the contract, the plaintiff is seeking _____.

 

Veronica agrees verbally to paint a picture of Sheridan's prize-winning dog for $2,000. After she paints the picture Sheridan refuses to pay, stating that the agreement had to be in writing to be enforceable. Is Sheridan correct?

 

Barb promises to pay Tina for her new car on Friday. Tina agrees to sell her car to Barb. This is a(n) _____.

 

Suppose Paula, a resident of Florida, and her brother Tom, who lives in Maine, have a dispute about their grandmother's real estate left to them in a will. The property is in Michigan, where their grandmother lived. Which of the following is true regarding jurisdiction over this dispute?

 

Derran is being examined under oath by an opposing party's attorney. All responses are being recorded by a court reporter. This process is known as a(n) _____.

 

A person who has legal _____ to contract is one who has the mental ability to understand his or her rights and obligations under a contract.

 

Bruce runs back the odometer on his car to make it appear as if it had fewer miles. Wally buys the car. When he checks back through past sale reports through his state's title office, Wally discovers that the car had fewer miles when Bruce sold it to him than it had when a previous owner sold it to Bruce. In legal terms, in selling the car knowing that he had tampered with the odometer, Bruce is said to have had _____.

 

What is the legal term that refers to intent or knowledge of wrongdoing?

 

What types of powers do appellate courts have?

 

To satisfy Uniform Commercial Code (UCC) Section 2-201, the contract or memorandum need only state which of the following with respect to the goods to be sold?

 

Which of the following topics is not regulated by the Uniform Commercial Code?

 

Which of the following is true regarding state court jurisdiction?

Cases may fall under state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction, and

 

Juliana is sitting at her desk when Roberto approaches her, screaming at her and raising his fist as if to hit her. Which, if any, tort could this be classified as?

 

Frequently, real estate contracts are conditioned on an event such as the buyer's ability to sell his current home by a certain date. If the home does not sell by the stipulated date, the condition is not satisfied and the parties are therefore discharged from the contract. This is an example of a contract that is subject to a _____.

 

What is the procedure by which the plaintiff presents the defendant with a copy of the complaint and summons indicating the defendant is being sued?

 

After filing the initial pleadings and motions, the parties gather evidence through a process known as _____.

 

Which of the following involves overly harsh or lopsided substance in an agreement?

 

Courts interpret the _____ Clause of the United States Constitution to mean that no law can be passed that will unreasonably interfere with existing contracts.

 

If a contract is _____, it is unenforceable.

 

If a grand jury issues an indictment against a defendant, the defendant then appears in court to answer the indictment in a proceeding called the _____.

 

Which of the following provides that an acceptance is valid when it is placed in the mailbox?

 

A party who claims that he or she could not understand contractual terms because of tiny, hard-to-read print on the back of an agreement and the excessive use of legalese is referring to which of the following?

 

Which of the following is correct regarding the intent needed for an intentional tort?

 

What do trial court juries determine?

 

What type of breach discharges the nonbreaching party from his or her obligations under the contract?

 

A search is unreasonable if the government official conducting the search does not first obtain a _____ from a court.

 

Which is the most difficult part of establishing the defense of assumption of the risk?

 

In general, a _____ mistake does not generally void a contract.

 

When a crime is committed against the public such as insider training, price fixing, or embezzlement, who prosecutes the crime?

 

What type of speech does the First Amendment to the United States Constitution not protect?

 

A(n) _____ clause is a clause parties include in a written agreement within the statute of frauds that states that the written agreement accurately reflects the final, complete version of the agreement.

 

Samantha is obligated to wash Lillian's car. Samantha transfers her duty to wash the car to Michael. This is an example of a(n) _____.

 

Most states have a statute that allows for its court system to serve an out-of-state defendant if certain minimum contact requirements are met. What is the name of this statute?

 

What type of contracts arise not from words, but instead from the conduct of the parties?

 

The many groups of people affected by a firm's decisions are know as:

 

Which of the following is the return to its original owner of any property transferred under a contract?

 

Which of the following occur(s) when a party threatens to file a frivolous civil lawsuit unless another party gives consent to the terms of a contract?

 

Which of the following is not an intentional tort against economic interests?

 

What does the so called public disclosure or "television test" mean in regard to ethical considerations?

 

Which of the following is a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

 

The common law process of _____ allows courts to review legislative and executive actions to determine whether they are constitutional.

 

After the discovery process, either party can file a motion for _____. This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.

 

Which of the following is true regarding the personal liability of corporate executives for a business crime?

 

A(n) _____ contract is one that contains all the legal elements of a contract.

 

International Expansion. Zach wants to expand his coffee business internationally - into Zeno, a small remote country in Africa. His best friend Zora asks him if he plans to hire legal counsel for the expansion. Zach replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices. So long as I'm legal here, I'm legal anywhere. Besides, I studied up on Zeno law ten years ago, and I know it all." Zach proceeds and lands in jail in the remote country of Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zeno's mandated 12 weeks of vacation per year.

 

Which of the following is true regarding Zach's legal problems in Zeno?

 

Candy wants to start an Internet business. The Chinese government tells her that certain items on her site are objectionable and illegal, and that if she wants to do business in China, she must remove the objectionable material. Which of the following is true?

 

Inattentive Driving. While cutting class and driving off campus to check on her new dress for the upcoming formal, Molly, a busy college student, is busy talking on her cell phone with her friend Sharon. Molly is trying to talk Sharon into going to the dance with her brother, who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient. The officer is annoyed because it is his lunch break. He tells Molly that she must obey the law and proceeds to write several citations to her. Which type or types of law is or are involved in the above situation considering Molly's interaction with both the officer and Sam?

 

Why is it important to understand comparative law as a business person?

 

Assume a restaurant is forced to pay damages to a person who suffered food poisoning after eating at the restaurant. What type of law is involved?

 

Restatements of law can best be described as _________

 

Lenny and Kravits enter into an agreement where Lenny will purchase 200 units of new storage bins from Kravits. Kravits, however, breaches the contract and does not supply Lenny with the contracted bins. This deals with which of the following types of laws?

 

The Stolen Book. Betty tells Susan that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob has Susan arrested for slapping him. Susan sues Bob for damages in the amount of the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. The lawsuit Susan has against Bob for damages for stealing her book involves which of the following?

 

The Stolen Book. Betty tells Susan that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob has Susan arrested for slapping him. Susan sues Bob for damages in the amount of the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. The action Bob has against Betty for defamation involves which of the following?

 

The __________ are a collection of all the laws in one convenient location.

 

Which of the following do not spell out what market participants may and may not legally do?

 

The Stolen Book. Betty tells Susan that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob has Susan arrested for slapping him. Susan sues Bob for damages in the amount of the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. The prosecution by the government against Susan for slapping Bob involves which of the following?

 

If Dalynda caused Tonya to breach a contract with a customer because she did not ship the promised goods, which type of law is applicable?

 

The Stolen Book. Betty tells Susan that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob has Susan arrested for slapping him. Susan sues Bob for damages in the amount of the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. Bob is anxious to see Susan punished for slapping him. Which of the following is true regarding action Bob can take?

 

If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on __________ law.

 

To the Dogs. Alice loves all animals and is starting a new grooming business for dogs. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times when not in a fenced area. Although Alice lives on a large lot with plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that members of the community have had success in changing local regulations by petitioning the city council. Alice plans to proceed in that manner to attempt a change in the leash law. Alice's plan to seek change through following what others have done in the past by petitioning city council is rooted in which of the following?

 

A commercial firm that seeks to merge with another firm must obey the laws of antitrust. This is an example of:

 

Inattentive Driving. While cutting class and driving off campus to check on her new dress for the upcoming formal, Molly, a busy college student, is busy talking on her cell phone with her friend Sharon. Molly is trying to talk Sharon into going to the dance with her brother, who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient. The officer is annoyed because it is his lunch break. He tells Molly that she must obey the law and proceeds to write several citations to her. Which of the following is true regarding Molly's predicament?

 

Assume the Securities and Exchange Commission (SEC) prosecutes someone for insider trading. That prosecution is an example of __________.

 

International Expansion. Zach wants to expand his coffee business internationally - into Zeno, a small remote country in Africa. His best friend Zora asks him if he plans to hire legal counsel for the expansion. Zach replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices. So long as I'm legal here, I'm legal anywhere. Besides, I studied up on Zeno law ten years ago, and I know it all." Zach proceeds and lands in jail in the remote country of Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zeno's mandated 12 weeks of vacation per year.

 

Which of the following is true regarding Zach's legal problems in Zeno?

 

The state of Minnesota's legislature implemented a new law governing how much salt and sand could be distributed on the roadways when the weather turned icy. This action by the legislature is known as __________.

 

According to the textbook, which of the following is not one of the core values associated with Adidas?

 

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

 

What happened that caused WorldCom's CEO Bernard Ebbers to go to jail?

 

In 2011, Tyson Foods of Arkansas was found guilty of violating which law when it was found to be receiving bribes from Mexican officials?

 

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Which of the following would be a stakeholder in the company?

 

Which of the following would not be considered a stakeholder for the purposes of the WH framework?

 

When Dole Food Company (Dole) was sued by a bunch of its employees for the use of a chemical on its bananas, the jury ordered Dole to pay $2.5 million in punitive damages. What became of this punitive damage award?

 

Kristin Richmond, one of the founders of Revolution Foods, believes that the objective of Revolution Foods is to do what in response to Kraft's Lunchables?

 

Ethical standards are uniform across the United States but are not uniform internationally.

 

Hulio and Helena work for Corporate Enterprise. Both see what they believe to be unethical treatment of a certain group of employees. The employees do not complain and do not say anything about this treatment. Hulio and Helena are not sure whether to report the potential violation. This is an example of an ethical _____________.

 

Before business managers consider the social responsibilities of firms in their communities, they need to:

 

Reasonable people can expect to disagree about optimal solutions to ethical dilemmas.

 

In the “WH” process of ethical decision making, what does the “H” stand for? Use Exhibit 2-6

 

Business ethics requires all except the following:

 

What do values generally represent?

 

If Lamar decides that it is okay to cheat on his taxes, and he believes that it is okay for everyone to cheat on their taxes, which ethical test does he believe in?

 

What does the "Golden Rule" mean when discussing ethics?

 

When evaluating primary values, what is not one of the alternative meanings to "justice" described in the textbook?

 

What does the so called public disclosure or "television test" mean in regard to ethical considerations?

 

Which of the following is an example of the primary value of freedom?

 

The many groups of people affected by a firm's decisions are know as:

 

Which of the following is an incorrect statement regarding values?

 

Which of the following is not one of the ways an arbitrator's award may be set aside?

 

Which of the following terms means that past decisions guide future decisions?

 

Why is it important to understand comparative law as a business person?

 

The blank are a collection of all the laws in one convenient location

 

When classifying law which of the following is not a way in which laws classified?

 

If Dalynda caused Tonya to breach a contract with a customer because she did not ship the promised goods, which type of law is applicable?

 

Restatement of law can best be described as

 

Which type of law involves the rights and responsibilities involved in relationships between persons in between persons and their government?

 

When the United States president negotiates a treaty as part of his or her executive duties how many US senators does it take to ratify the treaty to make it binding?

 

The environmental protection agency, occupational safety and health administration and Consumer Product Safety Commission are all types of

 

Tarius was driving under the influence and hit an injured a pedestrian in violation of the law in clear Lake, Minnesota against drinking and driving. Under which of the following laws will Tarius be charged?

 

Do United States Congress enacted a law that penalized businesses if they did not offer health insurance to workers in certain major industries. Where could a business owner look to determine if his or her business was exempt from the new law?

 

When judges make legal interpretations, this is often referred to as case law or

 

Which of the following is not one of the six functional areas of business that sits on the foundation of business law?

 

Paired with the publications of the American Law Institute, what became the source of the uniform commercial code?

 

Louisville, Kentucky is debating a new business ordinance that will address sidewalks and it city. Members of the Louisville city council do not need to confirm themselves with which of the following issues?

 

Which of the following is not a purpose of the law as set forth in the text?

 

International expansion period Zach wants to expand his coffee business internationally Dash into Zeno, a small remote country in Africa. His friend Zara asked him if he plans to hire legal counsel for the expansion. Zach replies, "of course not. The US has the strictest laws regarding contracts, employment, and business practices. So long as I'm legal here, I'm legal anywhere. Besides I studied up on Xenolaw 10 years ago, and I know it all." Zach proceeds in Landon jail in the remote country of Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zenos mandated 12 weeks of vacation per year.

 

The type of law involved in comparing lies between the US and Zeno is

 

In which of the following cases did the US Supreme Court rely on precedent to strike down a schools admissions policy that reserved slots for members of minority races?

 

Which of the following is one of the numerous purposes fulfilled by the law?

 

Assume a restaurant is forced to pay damages to a person who suffered food poisoning after eating at the restaurant. What type of laws involved?

 

To the dogs. Alice loves all animals and is starting a new grooming business for dogs. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times were not in a fenced area. Although Alice lives on a large lot with plenty of room for the dogs to run free she plans to obey the leash regulation and all others. She is aware, however, that members of the community have had success in changing local regulations by petitioning the city Council. I was plans to proceed in that manner to attempt a change in the leash law.

 

Alice's plan to seek change through following what others have done in the past by petitioning city Council is rooted in which of the following?

 

Inattentive driving. While cutting class and driving off campus to check on her new dress for the upcoming formal, Molly, a busy college student, is busy talking on her cell phone with her friend Sharon. Molly is trying to talk Sharon into going to the dance with her brother who has a big crush on Sharon. Unfortunately for Molly, there is a statue in her state outlying talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explained to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant debt and his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient. The officer is annoyed because it is his lunch break. He tells Molly that she must obey the law and proceeds to write several citations to her. Which type or types of law is or are involved in the above situation considering Molly's interaction with both the officer and Sam?

 

If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on blank law

 

The stolen book. Eddie tell Susan that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her buck. Bob has Susan arrested for slapping him. Susan sues Bob for damages in the amount of the buck in for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. The action Bob has against Betty for defamation involves which of the following?

 

Which of the following is true regarding Zack's legal problems in Zeno?

 

Which of the following would not be considered a stakeholder for the purposes of the WH framework?

 

An ethical dilemma is a problem about what a firm should do for which no clear right decision is available

 

When evaluating primary values, what is not one of the alternative meanings to justice described in the textbook?

 

Before business managers consider the social responsibilities of firms in their communities they need to

 

Employees are one of the major stakeholders of a business

 

What does the golden rule mean when discussing ethics?

 

Business ethics requires all except the following

 

What does the so-called public disclosure or television test mean in regard to ethical considerations?

 

According to the textbook which of the following is not one of the core values associated with Adidas?

 

In 2011 Tyson foods of Arkansas was found guilty of violating which law when it was found to be receiving bribes from Mexican officials?

 

Business ethics is concerned with making correct decisions when making important decisions about the future of business

 

Ethics is the study and practice of decisions that meat but do not exceed minimum standards of behavior prescribed by law

 

Kristen Richmond one of the founders of Revolution foods believes that the objective of revolution foods is to do what in response to Kraft's lunchables?

 

What do values generally represent?

 

Environmental concerns. Connie the president of a company that makes paper has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited however because it employs a very large number of people in the community including the mayors wife and the chief of police's brother. On her mission to clean things up Connie has decided to go even further than the law requires an install the very latest environmental protections. When she announced her plan the chair of the company's Board of Directors Brooke had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would be no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the companies paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Connie however, decides to go forward with her plan to clean things up because she wants to treat others in the same manner that she wants to be treated.

 

Connie's approach is best referred to as the

 

Which of the following is an example of the primary value of freedom?

 

Reasonable people can expect to disagree about optimal solutions to ethical dilemmas.

 

Ethical standards are uniform across the United States but are not uniform internationally.

 

The social responsibility of business consists of what the expectations blank imposes on firms.

 

In the WH process of ethical decision making, what does the H stand for?

 

When Dole Food Company was sued by a bunch of its employees for the use of a chemical and it's bananas, the jury order door to pay $2.5 million in punitive damages. What became of this punitive damage award?

 

Which of the following is the minimal standard that a business me and consideration of business ethics?

 

A business decision cannot be legal but unethical.

 

Which of the following would be a stakeholder in the company?

 

Business manager should make sure they consider all relevant stakeholders when they engage in ethical reasoning.

 

What type of dispute resolution process is med-arb?

 

In Hertz Corp. V-. Friend, the United States Supreme Court set forth the blank test as the appropriate test for determining a corporations principal place of business for the purposes of diversity jurisdiction.

 

What is the procedure by which the plaintive presents the defendant with a copy of the complaint and summons indicating the defendant is being sued?

 

A private trial is an alternative dispute resolution method often referred to as

 

Derran is being examined under oath by an opposing parties attorney. All responses are being recorded by a court reporter. This process is known as an

 

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

 

Which of the following is the proper term for the geographic location that each state statutes determine is proper to hear a case?

 

Accord acquires in personam jurisdiction over the plaintiff when

 

Which of the following is true regarding the United States Supreme Court?

 

If a corporation is being sued by an individual, where is the corporations residence considered to be?

 

In which of the following to parties select a neutral third-party and explain their respective positions to the neutral third-party, who then evaluates the strengths and weaknesses of the case?

 

Which of the following is an extension of negotiation?

 

Penelope is being sued by her old employer over breach of contract. The plaintive cents Penelope a list of written questions that she is to answer Underoath. These are known as

 

Under what circumstances may an arbitration award be set aside under the federal arbitration act?

 

Which of the following makes mediation advantageous?

 

After the discovery process, either party can file a motion for blank. This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.

 

Most states have a statute that allows for his court system to serve an out of state defending if certain minimum contact requirements are met. What is the name of the statute

 

Which of the following is true regarding state intermediate courts of appeal in state court systems?

 

Which of the following is not one of the areas of exclusive jurisdiction that a federal court offers?

 

Supposed Paula, a president of Florida, and her brother Tom, who lives in Maine, have a dispute about their grandmother's real estate left to them in a will. The property is in Michigan, where the grandmother lived. Which of the following is true regarding jurisdiction over this dispute?

 

Supreme court. Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he's going to sue that employer in an effort to improve matters. Jim also says that he's going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. Although he's not a lawyer, Jim believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Will an appellate court initially hear Jim 's case deciding issues such as whether he has a claim and can act as a plaintiff?

 

Revenge. Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to see Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the lawn he did not need a lawyer. Greg Sue Jane in state court. Jane, the same lawsuit, Brian action against Greg for letting the air out of a tire. At trial in State Court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of genes tire. The judge disallowed jeans testimony on that issue. Susie, however, who is in the quart room also came in testified to that effect. The state court judge rolled in favor of Jane. Greg said that he was not giving up and he would seek double damages on a peel in federal court. Janet and Greg live in different states when not a 10 school. After trial, Jane reported Greg's actions in letting their out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex represent him in a federal court appeal. What advice should Alex give to Greg regarding an appeal filed in federal court?

 

Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury, as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The statements made to the jury by Linda and Sam immediately after the jury was chosen were

 

Revenge. Jeans action against Greg for the tire is called a

 

What do trial court juries determine?

 

Which of the following would allow an administrative agency to investigate potential rules are statutory violations?

 

A binding decision issued by an administrative law judge (ALJ) is known as a

 

What do the initials ALJ represent in the context of administrative agencies and administrative law?

 

What types of statements or notices are general in nature and give guidelines on ways in which an agency intends to proceed with rulemaking or enforcement activities?

 

Administrative law consists of both substantive and blank rules

 

How is an administrative body usually defined?

 

Which type of agency is generally defined as anybody created by the legislative branch to carry out specific duties?

 

What are the two most common types of rulemaking performed by administrative agencies?

 

What is the name of the statute that specifies the name, functions and specific powers of an administrative agency?

 

Another name for notice and comment rulemaking is known as blank rulemaking

 

A blank rule is a rule that does not create any new rights or duties what is merely a detailed statement of an administrative agencies interpretation of an existing law.

 

Which of the following is incorrect regarding the freedom of information act (FOIA)?

 

When an agency is referred to as a "captured" agency, there is the belief that agency officials are unduly influenced by

 

What does the term FOIA mean?

 

What rules are designed to explain in agencies views concerning statutes for which the agency has responsibility?

 

Tohima was implicated in a potential scheme to sell false securities. When it came time for Tohima to testify the agency issued a _____ which ordered Tohima to appear and bring with him specific documents.

 

In order to be upheld in court, and agencies fact-finding must be supported by which of the following?

 

According to the United Nations in as discussed in the textbook, which of the following is true regarding e-government, meaning the delivery of government services through digital information technologies including the Internet?

 

What usually happens to decisions of administrative law judge's that are appealed to the federal court system?

 

New Agency. Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause. Additionally, no more than a majority of the commissioners may be from the same political party. Her agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Debby's boss, Blaire, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Blaire also told her that at this point she was not very interested in hybrid rule making.

 

I have to publication, what would be the next step in obtaining enactment of the proposed rules?

 

New agency. Which of the following is the most likely type of rulemaking in which the accounting commission is involved?

 

DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission and that in any event, action by an agency is always upheld.

 

Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?

 

Which of the following is false regarding federal independent agencies?

 

DUI charge. Which of the following would have reached the decision at her hearing before the administrative agency?

 

Four Paws Protection. The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules. The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.

 

Which of the following is true regarding the claim of fluffy shampoo that criminal penalties may not result from violation of agency rules?

 

Which constitutional amendment prohibits cruel and unusual punishment?

 

Which constitutional amendment protects freedom of religion?

 

Do United States Congress passed a law that the president does not support. The president can use his or her blank power to overrule the law passed.

 

Which clause of the United States Constitution provides that the constitution, laws and treaties of the US constitute the supreme law of the land?

 

Which constitutional amendment protects against double jeopardy?

 

Which constitutional amendment protect citizens from unreasonable searches and seizures and requires a finding of probable cause to issue a warrant?

 

Pursuing to blank, the United States Supreme Court can hear a lower court case and determine the constitutionality of the lower courts ruling.

 

In it's 1978 case first national Bank of Boston V. Bellotti, how did the United States Supreme Court rule regarding political speech?

 

Which of the following is relevant in determining whether a particular government statute violates the establishment clause of the United States Constitution?

 

The supremacy clause is located in article blank of the United states constitution

 

Which constitutional amendment extends most of the provisions in the Bill of Rights to the states, prohibiting state interference and citizens exercise of their rights?

 

In overturning the lower courts decision, the court of appeals in the bad frog brewery V. New York liquor authority case determined that

 

Which of the following was the result in the Black Star Farms, LLC et al. v. Jerry Olive, Arizona department of liquor license and control et al. case referenced in the textbook, in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?

 

Chief Justice John Marshall wrote one of the most important opinions in United States Supreme Court history that established judicial review. What was the name of that case?

 

The common law process of blank allows quarts to review legislative and executive actions to determine whether they are constitutional.

 

Which of the following is true regarding the protection of "fighting words" under the first amendment of United States Constitution?

 

Because the federal government has only those powers granted to it by the United States Constitution, federal legislation that affects business must be based on what?

 

Junk food. Mary do good, a member of the school board in ABC County, is a part of the amount of junk food in the schools. She convinced is the state legislator to pass an ordinance that no stores may sell an unhealthy junk food within 500 feet of any school or day care center, arguing that such a regulation is about exercise of the state police power to protect it's citizens. Convenience stores balk at the regulation and challenge it in court. What do quarts generally presume regarding laws passed in accordance with states police power?

 

What is the fifth amendment protection against self incrimination mean?

 

Suppose Washington state passes a lot prohibiting the importation of out of state apples in order to help in state growers.. Which of the following is the best constitutional argument for the out-of-state growers who wish to challenge the new law?

 

Junk food. What concept is addressed regarding the reference to "police power?"

 

Which of the following is not an example of a state police powers?

 

Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Sam's statement?

 

Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.

 

Sam's lawyer, who just graduated from law school, it's not sure if the police acted legal in Sam's case by breaking down the door. Which of the following is true on that issue?

 

Under the blank exception to the search warrant requirement, if an industry has a long history of pervasive regulation, a warrantless searches not unreasonable.

 

A blank is a computer program that rearranges, damages, destroys, replace his computer data.

 

What is the burden of proof to establish in a criminal case?

 

A blank is a hacker who's intention is the exploitation of a target computer or Netwerk to create a serious impact, such as the crippling of a communications network

 

A person who illegally access is renters another persons or companies computer system to obtain information or to steal money is known as a

 

What is the purpose of the foreign corrupt practices act?

 

Courts have defined a pattern of racketeering under the racketeer influenced and corrupt organizations (RICO) act as more than blank actions

 

In United States V. Park, what was the United States Supreme Court ruling regarding the criminal liability of the defendant Park, corporate president of the national food chain corporation?

 

Douglas committed a crime for which he was found guilty and will serve a 10 year sentence in the penitentiary. What type of crime was this

 

Jolene, a sales representative, was worried about her work related productivity so she made a series of entries in her records to show that she had more sales and she actually did. This is known as

 

Which of the following is incorrect regarding the computer fraud and abuse act?

 

Simon, a police officer, is called to the scene of an accident. Simon witnesses one of the people in the accident trying to stuff a white powdery substance down his pants. When Simon approaches the individual, the individual fleas. Simon grabs a person in place of them under arrest. This arrest will be upheld because Simon had blank to arrest the individual

 

Nicoli is the trustee Of his nephew Adams trust fun, which was left to Adam after his parents were killed in an automobile accident. Nicoli found himself in financial hardship, so he took some of atoms trust fund money and use it to pay his own personal bills this is considered

 

Which of the following is incorrect regarding the racketeer influenced and corrupt organizations act?

 

Constance and Patricia are arrested for soliciting sexual favors on a street corner, which is against the law in the state. After being arrested and read the Miranda rights, Constance and Patricia will be taken to the police station for

 

If a grand jury issues an indictment against the defendant, the defendant than appears in court to answer the indictment in a proceeding called the

 

Williams investment fund solicited clients for high profit returns from a fictitious new Internet business. Williams employees paid off the early investors from new funds raised to cover the cost. This type of fraudulent crime is known as

 

Due to the high cost of college, Raul and Felipe decided to counterfeit $100 bills to help pay for tuition. This is known as

 

If a person commits a minor offense such as violating a building code, this is known as a

 

Criminal proceedings generally begin when an individual is

 

Ordinarily, law-enforcement officials must obtain an arrest warrant that demonstrates probable cars or that a suspect committed or is about to commit a crime. Who issues the arrest warrant?

 

Ed goes door-to-door selling magazine subscriptions. Ed knows that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?

 

A hacker who tries to shut down the New York Stock Exchange would be charged with

 

If a business where to sell cigarettes or alcohol to a minor, this would be an example of

 

Strict liability is

 

Cosmetic Profits. Sally is the executive vice president of Big Name Cosmetics Company. Through important and material, nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She planned to write a check on Bank B and deposit with bank A just before the check was presented to bank A and an attempt to create an artificial balance. Of what offense, if any, is Alice guilty of by her method of payment?

 

Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the rest posed by the defendants behavior?

 

What damages are small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there was no compensable damages suffered by the plaintiff?

 

Another name for exemplary damages is blank damages

 

What damages are given to punish the defendant and are generally only given when the defendants contact is extremely outrageous?

 

For the imposition of strict liability, which of the following is a condition required of an activity?

 

What is the Latin term for "negligence in or of itself?"

 

Which of the following is true regarding the comparative negligence doctrine?

 

Which of the following is sometimes referred to as "but-for" causation?

 

Which of the following is incorrect regarding the doctrine of res Ipsa Loquitur?

 

Which of the following is not an intentional tort against economic interests?

 

Vivian sells phony stock certificates to Michael to make a quick buck and pay off her loan shark. When Vivian's scheme is revealed and Michael sues her, the court awards Michael $10,000 for the money he lost and an additional $5000 to punish Vivian for her wrong doing. What type of damages are the $5000?

 

The blank standard is a measurement of the way members of society expect an individual to act in a given situation.

 

Which of the following is true regarding the law of negligence in Germany?

 

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

 

Which of the following is correct regarding the intent needed for an intentional tort?

 

Which of the following doctrines requires the court to determine the percentage of fault of the defendant and then hold the defendant liable for that percentage of the plaintiffs damages, with no requirement that the defendant be more than 50 percent at fault?

 

This type of tort protects an individual right to keep certain things out of public view even if they are true.

 

If the defendant is careless such that someone else suffers a detriment, this type of tort is known as

 

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

 

In terms of strict liability theory, which of the following is an example of an inherently dangerous activity?

 

Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann, who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

 

Tina negligently hits Susie with her car. Susie, rendered unconscious from the impact, is lying on the street. Which of the following is correct regarding whether Tina has a legal duty to come to the aid of Susie after the accident?

 

Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann, who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss.

 

The defamation printed in the school newspaper would be which of the following?

 

Well crossing the street, Bobby does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Steve sees Bobby in the street notices that he is not in the sidewalk and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Steve does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

 

Cat Chaser. Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides that she wants to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off William's deck. She intends to keep the chair. Annette further took a rake off William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake. William is unhappy about the whole situation and wants to sue.

 

Which of the following would be the most appropriate cause of action against Annette regarding the music?

 

Mechelle has a life estate and a property in rural mean. Mechelle has allowed people to camp and park in the back woods of the property, leaving piles of trash everywhere and thereby diminishing the value of the property. Mechelle is allowing what to happen?

 

If a new federal governmental agency establishes a website, what will the domain name end with?

 

What is a distinctive mark, Word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with a producer?

 

The shape and design of a product such as Apple's iPhone is an example of which of the following?

 

Which of the following companies is responsible for registering domain names for Internet use?

 

To be protected in blank use, a trademark must be registered with the United States patent office under the Lanham act of 1947.

 

A blank is a persons present right to property ownership in possession in the future.

 

What type of interest is a licensee hold?

 

Healthcare forum, ink. Has its logo trademarked. When was the trademark registration be renewed?

 

To properly registered trademark with the United States patent and trademark office, one must

 

Bank accounts, socks, and insurance policies are examples of which of the following types of property?

 

Which of the following are states that do not include the right to possess the property?

 

Which of the following is incorrect regarding trade secret protection?

 

Brynn has a life estate in her grandmothers farmhouse. When Brynn passes away, what will happen to the property?

 

Most websites have blank domains

 

If a trademark is used intrastate, the trademark is protected by

 

Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner pursuant to the takings clause of the fifth amendment to the United States Constitution?

 

To stop a competitor from using a trade secret, the plaintiff must prove that a trade secret actually existed, the defendant acquired the trade secret unlawfully, and the

 

Under blank, I trade secret is protected from unlawful appropriation by competitors as long as it is kept secret in consist of elements not generally known in the trade.

 

Easement Dispute. Sally buys a house from Bob that borders on a lake. Her deed gives her the most complete estate a person may have. She is in her bathing suit sunning one day when her neighbor, Fred, cuts through her yard. Sally tells him not to do that anymore. Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access. Sally asks you what she should do to try to get rid of Fred because she doesn't like his cutting through her yard when she is sunning.

 

What is the type of right at Freddy's exercising by cutting through the yard called?

 

Scuba Diving. Marcy invented a new type of mask for scuba divers that was not subject to fogging. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Similarly, Marcy entered into an agreement with Frank to allow him to sell the masks, but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales.

 

Marcy's agreement with Jennie allowing Jennie to sell the mask is referred to as which of the following?

 

Lottery Winnings. Frank, a hypochondriac who was also very compulsive, was having minor surgery to repair a bone spur on his foot. He had just purchased a lottery ticket for a chance at the grand prize of $30,000,000. Frank's girlfriend, Bubbles, went with him to the hospital. While in the waiting room, Frank said to her, "Bubbles, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up, but please don't get another boyfriend." Bubbles replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Frank came out of the surgery just fine but with a sore foot. While he was recuperating that evening, Bubbles watched the lottery drawing and discovered that Frank's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Frank saw her on television with her new boyfriend, George. She appeared to be very happy. He checked the numbers and discovered that she won with his ticket. Frank says that the lottery money is his.

 

Which of the following is true regarding Frank statement at the hospital regarding bubbles taking the ticket?

 

Easement Dispute. Sally buys a house from Bob that borders on a lake. Her deed gives her the most complete estate a person may have. She is in her bathing suit sunning one day when her neighbor, Fred, cuts through her yard. Sally tells him not to do that anymore. Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access. Sally asks you what she should do to try to get rid of Fred because she doesn't like his cutting through her yard when she is sunning.

 

What type of estate did Sally purchase from Bob?

 

Easement Dispute. Sally buys a house from Bob that borders on a lake. Her deed gives her the most complete estate a person may have. She is in her bathing suit sunning one day when her neighbor, Fred, cuts through her yard. Sally tells him not to do that anymore. Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access. Sally asks you what she should do to try to get rid of Fred because she doesn't like his cutting through her yard when she is sunning.

 

What is the best advice you can give Sally regarding getting rid of Fred?

 

Wedding Photos. Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right corner the necessary information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to make as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use, and in any event, damages for copyright infringement are unavailable.

 

Which of the following is true regarding Jills claim that she was engaged in fair use?

 

Georgia decides to sell her engagement ring after Anthony breaks off the engagement and put the ring up for auction. If she states nothing to the contrary in the terms of the auction, the auction is presumed to be

 

A blank is an agreement by the person who issues the letter to pay a sum of money on receipt of an invoice and other documents.

 

Thomas offers to sell his water skis to Lynord. Thomas is the

 

Ike and Jeff agree that I will tutor Jeff in math for $25 an hour. Eight tutors Jeff for an hour and Jeff pays like $25. This is a blank contract

 

Which of the following provides an acceptance is valid when it is placed in the mailbox?

 

Which of the following provides that a revocation is effective only when received by the offeree?

 

Which of the following is true regarding quasi-contracts?

 

When acceptances examined under the common law, how do the basic requirements for a valid acceptance compared to those for valid offer?

 

If the subject matter of an offer is destroyed, the offer

 

Which of the following is incorrect regarding how the Japanese tend to view contacts?

 

Which of the following is the first element of a contract?

 

Today's law of contracts actually originated in judicial decisions from

 

Which of the following is true with no means of communicating an acceptance is specified in an offer?

 

Which of the following are the two primary sources of contract law?

 

Which type of contract allows one or both of the parties the ability to either withdraw from the contract or to enforce the contract?

 

Helen find a piece of land that she is interested in purchasing. She asked Robert, the landowner, to hold the land for her while she makes a decision. Robert says that for $1000 he will hold the land for her while she decides, and Helen agrees. This is an example of an

 

Without a time condition in an offer, the offer will expire after _____.

 

Which of the following is recognized by the court to prevent one party from being unjustly and reached at the expense of another party?

 

Which of the following refers to the right of an offer to revoke his offer, even if the offer says he will hold the offer open for a stated period of time?

 

What is the likely result in the lawsuit brought by Walter against Zack?

 

Of the following, which is not a formal contract according to the restatement (second) of contracts?

 

An example of a blank is a bond used as a bail in a criminal case

 

There are generally to defenses to the enforcement of a contract. What are they?

 

Refusal to Pay. Business law professor Debby needed some yard work done. She told her class that she would give $50 to the first person who mowed her yard. She also entered into an agreement with Brenda to trim some shrubbery for $40. Max went to mow Debby's yard. Unfortunately, just as he finished mowing, a neighborhood dog bit him and he had to go to the emergency room for a couple of stitches. Debby refused to pay Max on the basis that the agreement was not in writing and that Max ended up being more trouble than he was worth. Max refused to pay the emergency room because he said that they did not have a binding, bilateral contract. Brenda refused to trim the shrubbery because she got a better offer and claimed that she was not bound by the contract until she started to perform.

 

Which of the following is an appropriate characterization of the agreement between Debby and Max?

 

Refusal to Pay. Business law professor Debby needed some yard work done. She told her class that she would give $50 to the first person who mowed her yard. She also entered into an agreement with Brenda to trim some shrubbery for $40. Max went to mow Debby's yard. Unfortunately, just as he finished mowing, a neighborhood dog bit him and he had to go to the emergency room for a couple of stitches. Debby refused to pay Max on the basis that the agreement was not in writing and that Max ended up being more trouble than he was worth. Max refused to pay the emergency room because he said that they did not have a binding, bilateral contract. Brenda refused to trim the shrubbery because she got a better offer and claimed that she was not bound by the contract until she started to perform.

 

Which of the following is true regarding maxes statement that he did not have to pay the emergency room charges (assuming that prior to and during treatment, Max had no discussions with emergency room personnel regarding payment for services rendered)?

 

A general rule in contract law is that for a promise to be enforced by a court, there must be

 

Promissory estoppel is the legal enforcement of an otherwise unenforceable contract

 

What does a person receive in return for performing a contract obligation?

 

Suppose that Eduardo agrees to purchase caleah's car for $10,000. Eduardo's payment of $10,000 is the blank caleah will receive for her car.

 

Marcy's mom. Marcy's mother, Sue, did not want her to date until she was older.

 

What type of alleged that was involved in the dispute between Marcy and Sue involving the school loans, additional funds, car, and party?

 

Yolanda agrees to bathe and groom Wendy's dog, Fluffy Puff, for $30. Yolanda agreed to the price before seeing Fluffy Puff who is a chubby dog with lots of hair. Yolanda tells Wendy that if she is going to groom Fluffy Puff, the price will be $40. Wendy reluctantly agrees but tells Yolanda that she should not have been surprised that a dog named Fluffy Puff would have lots of hair. Yolanda bathes and grooms Fluffy Puff, but Wendy will only pay $30. Which of the following is correct regarding Yolanda's entitlement to the extra $10?

 

Sally goes to have her hair trimmed and agrees to pay $40 to the stylist. While there, Sally decides that she would also like highlights. The stylist informed her that highlights will cost an additional $30. Sally agrees to the price, I guess the highlights, but refuses to pay the extra amount. What is the likely result in a dispute between Sally and the stylist and why?

 

Garage sale. Richard, who is cleaning out his garage, offers to sell Dawn a used computer for $200. Dawn replies that "I'll think about it and buy it if I decide to do so." Richard also calls Denise and offers to give Denise a used business law book. She is excited to receive the book and tells him that she will pick it up the next day. Richard also agrees to sell a communications book for $50 to Jill who promises to pick it up the next day. Meanwhile, Sam comes to visit, offers Richard $20 for the business law book and Richard sells it to him. Sam also offers Richard $50 for the used computer. Richard sells it to Sam because he does not expect to hear from Dawn. Sam sees the communications book and offers Richard $60 for it. Richard decides to forget about Jill and proceeds to sell the book to Sam for $60. Denise is very angry because Richard did not save the book for her and claims that he breached a contract because she had accepted his offer. Jill is also angry because Richard sold the communications book and informs him that he breached the contract he had with her. Exactly 31 days later, Dawn tells Richard that she would like the computer. She tells him that her response constituted consideration in that it bound him to an option contract and that he should have awaited her final decision. Richard tells Sam that he needs to return everything for a full refund. Sam refuses.

 

Which of the following is true regarding Don statement that her response was sufficient consideration to bind Richard to an option contract and that he should have awaited her final decision?

 

Bank Robbery. Victor robbed Safe Bank of a significant sum of cash. Safe Bank offered a reward of $10,000 for anyone who captured or provided information leading to the capture of Victor. Ted, a police officer in town, promised Safe Bank officials that he would apprehend Victor. While on duty, Ted arrested Victor at a hamburger joint in town. He found Victor based upon a hunch he had after Ursula, who dated Victor, told him about various places Victor enjoyed eating. The bank refuses to pay either Ursula or Ted any of the reward money.

 

In a lawsuit between the bank and Ursula regarding the reward funds, who is likely to prevail and why?

 

Suppose that Dakiyah promises to pay Fernando $450 for his television. Fernando promises to sell Dakiyah his television for $450. The parties have not documented the transaction in writing. Which of the following is true regarding this arrangement?

 

For a court to enforce a promise,

 

How can party who are in a dispute over and unliquidated debt settle for less than the full amount?

 

Barbara and Julie's catering are in a dispute about a catering bill. Barbara believe the amount should only be $750 but Julie's catering charged her $900. This is an example of

 

John offer Shaun his new mountain bike for $500. In this situation

 

Felipe contracts with Minnetonka dozers, LLC (Minnetonka) to raise his old building for $12,000. Once Minnetonka begins the work, its employees discover asbestos in the building. Asbestos is hazardous and difficult to remove for environmental and safety reasons, and this will result in an additional $15,000 labor expense. Minnetonka refuses to complete the job until Felipe agrees to pay the additional $15,000. Felipe agrees. Is the contract modification enforceable?

 

Which of the following is a valid uniform commercial code rule regarding tracks marked "paid-in-full"?

 

I promise to do some thing that you are already obligated to do is

 

When an accord and satisfaction is at issue, the blank is the debtors payment of the reduced amount.

 

In the Smith V.Riley case referenced in the textbook, how did the Tennessee Court of Appeals rule regarding whether a purchase for "the sum of one dollar and other good and valuable consideration" with sufficient consideration to support an agreement?

 

Mike promises Leighann that if she will come to the high school prom with him, he will consider paying for her dress and shoes. This is an example of

 

Which of the following is true regarding a valid accord and satisfaction?

 

In order to avoid paying his creditors, Isaac sold his 100-acre farm to his best friend Zack for substantially less than its fair market value. Upon the creditors request, will court set aside this transaction?

 

Which of the following is a promise to refrain from doing some thing you are legally entitled to do?

 

A new agreement to pay less than the creditor claims is owed is called an

 

Tiffany promise to sell Lillian her diamond necklace and the Lillian promise to pay $2000. What type of contract is this

 

If a potential contracting party is concerned with another persons mental ability to contract, she's concerned with the persons

 

An Blank contract is one requiring complete performance by both parties, even if it appears as if the contract contains multiple parts.

 

George and Mitchell are 17 years old. Their parents gave them the right Mary. In most states, this means that Georgia and Mitchell can contract because they became

 

In every state, people who work for certain professions must obtain a blank to practice their craft

 

How many states engage in at least some regulation of gambling?

 

Badger Bank and trust is a Community Bank in Oshkosh, Wisconsin. Badger loaned $5000 to Plessy and charged him an interest rate that was 5% higher than the statutoriali allowed maximum. This loan would be considered

 

Before modern day common law change, which people besides minors and insane persons historically were unable to contract?

 

Which of the following is true of a contract is disaffirm down the basis of intoxication?

 

Belinda has been adjudicated insane by a court. If she makes a contract, the contract would be

 

If a contract is blank it is unenforceable

 

If a contract is deemed unenforceable what remedy is available to the parties?

 

Guardians may be appointed for which of the following individuals?

 

Hillary and Dillon enter into a contract where by Hilary, 17 years old, purchases a computer and printer from Dillon. Dillon agrees to finance the contract and I was Hillary to pay $100 per month. When Hillary turns 18 years old, what must you do to ratify the contract?

 

What was the result in Riley V. Iron gate self storage, the case in which Larry Riley rented a self storage unit from iron gate with an agreement limiting the value of stored contents to $5000 and the corresponding liability limit of $5000?

 

Which of the following is true regarding the ability of person suffering from a mental illness to enter into a binding contract?

 

What is the purpose of the minors right to disaffirm contracts?

 

If a minor chooses to disaffirm a contract, what is the obligation placed on the minor?

 

Jonathan's plumbing, LLC uses only unlicensed plumbers in its business operations. If a contract is entered into with Jonathan's, the agreement would likely be deemed

 

A contract with a person who has some sort of mental defect that prevent that person for being able to legally contract means that he lacks

 

Which of the following is incorrect regarding contracts for necessaries entered into by miners?

 

Cheap Motorcycle. Tony, a hateful, disgruntled business law professor, notices that Peter, a student who is past the age of majority, has bought a new motorcycle. Peter has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Tony tells Peter that he would like to see Peter pass, and in the next sentence, Tony says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Peter asks if Tony is serious about the price, and Tony replies, "I have the power here!" Tony proceeds to draw up a contract for the sale of the motorcycle for $100 with lots of fine print by which he can sue Peter and recover any maintenance costs for the next five years. Seeing that he is at an advantage, Tony also throws into the deal that Peter will mow Tony's one-acre yard for $5 all summer long. After Tony tells Peter to either take the contract or leave it, Tony reluctantly signs.

 

Which of the following is true if Peter seeks to rescind the contractual agreement to sell the motorcycle?

 

Cheap Motorcycle. Tony, a hateful, disgruntled business law professor, notices that Peter, a student who is past the age of majority, has bought a new motorcycle. Peter has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Tony tells Peter that he would like to see Peter pass, and in the next sentence, Tony says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Peter asks if Tony is serious about the price, and Tony replies, "I have the power here!" Tony proceeds to draw up a contract for the sale of the motorcycle for $100 with lots of fine print by which he can sue Peter and recover any maintenance costs for the next five years. Seeing that he is at an advantage, Tony also throws into the deal that Peter will mow Tony's one-acre yard for $5 all summer long. After Tony tells Peter to either take the contract or leave it, Tony reluctantly signs.

 

Which of the following is an appropriate term for the contract drawn up by Tony?

 

Beauty Shop Woes. When Janice went to work as a hair stylist in Rick's beauty shop, she entered into an agreement with Rick whereby if she left, she would not work for another beauty shop within 50 miles for 2 years. Rick trained Janice in several new techniques. After nine months, Janice was offered a great job down the street at a new beauty shop, quit Rick, and had a number of customers follow her down the street to her new job. Rick claimed that she had signed a contract and had no right to go to work at the new shop. Janice disagreed and told Rick that no judge in the country would enforce such an agreement. Janice told Rick that she was more worried about a customer, Treena, who was threatening to sue her because her hair turned green after Janice worked on it. Janice agreed that Treena's hair was damaged. Janice pointed out, however, that she told Treena that odd results could result from a dye attempt, and she required that Treena sign a contract releasing Janice from all liability before she did anything with Treena's hair. Treena, however, sued anyway.

 

Which of the following is true regarding Janice's claim that no judge in the country would enforce such an agreement

 

Irresponsible Teen. At age 17, in a state in which the age of majority is 18, Sally purchased a prom dress from Formal Stuff. She wore it to the prom and then attempted to return it to the store claiming that she was a minor and that she was entitled to a refund. The dress had clearly been worn and had a purple stain that Sally claimed was from grape juice. Additionally, a few days before she turned 18, Sally purchased a used car from Dings and Dents used cars. She had a deal whereby she paid $100 per month on the car. She drove the car and made payments for fourteen months after she turned 18. Then, she returned the car to Dings and Dents and told them that she wanted all her money back. Dings and Dents claimed the car was a necessity. Sally and her parents claimed that the parents were ready and willing to provide a car to Sally and that she only purchased the car from Dings and Dents because she liked that particular style and color. When purchases of the dress and car were made, the sellers knew that Sally was under the age of 18.

 

Which of the following is true regarding Sally's attempt to return the damaged dress?

 

Cheap Motorcycle. Tony, a hateful, disgruntled business law professor, notices that Peter, a student who is past the age of majority, has bought a new motorcycle. Peter has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Tony tells Peter that he would like to see Peter pass, and in the next sentence, Tony says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Peter asks if Tony is serious about the price, and Tony replies, "I have the power here!" Tony proceeds to draw up a contract for the sale of the motorcycle for $100 with lots of fine print by which he can sue Peter and recover any maintenance costs for the next five years. Seeing that he is at an advantage, Tony also throws into the deal that Peter will mow Tony's one-acre yard for $5 all summer long. After Tony tells Peter to either take the contract or leave it, Tony reluctantly signs. Which of the following is true regarding the yard mowing agreement?

 

George contracts with Leeann to buy a condo #229 from her. Leeann writes the entire contract up including the description and #229 but George really meant to buy #230. What type of mistake is this?

 

Contracts that are blank maybe rescinded or canceled.

 

Which of the following is a false statement about a material fact that the person who started the statement believe to be true?

 

Ned and Ira negotiate the sale of a certain set of golf clubs. The to believe that the golf clubs were used by a famous golfer, and then sells them to Ira for a substantial price. I will later learned that the golf clubs are not used by the golfer, significantly reducing their value. What type of mistake is this?

 

For several months, Franklin has been his grandmothers sole caregiver. He takes her to the store, her doctor, and any other place she wants or needs to go. When it is time to make her will, Franklin constantly reminds his grandmother that he is the only one who cares for her and that he can stop taking her places if she does not make him the sole beneficiary of the will. This is an example of

 

A blank is an erroneous belief about the facts of a contract at the time the contract is concluded

 

The distinction between a blank and blank mistake is significant in determining which contracts are voidable

 

Which of the following occurs when a party threatens to file a legitimate (in other words, a non-frivolous) civil lawsuit unless another party gives consent to the terms of a contract?

 

The peerless ship case referenced in the textbook is a classic example of a blank mistake

 

Any fraud on the part of a party to a contract provides a basis for

 

As discussed in the textbook, which of the following is true in China when an outsider allegedly commits or actually commits fraud in the course of business dealings with Chinese firms?

 

Which of the following is not one of the major obstacles to genuine assent?

 

Which of the following is not an element of fraudulent misrepresentation?

 

In general, a blank mistake does not generally avoid a contract

 

Anna's attorney Sergio is discussing with Anna her willingness to sell property to his partner. Sergio reminds Anna that he has never led her estray in all the years he has helped her. He continues to persuade Anna that it is a great deal to sell her property to his partner. This is a form of

 

When Gloria sells her house, she does not inform the buyer that the basement leaks during times of heavy rain. This is considered blank, which is the equivalent of an actual assertion.

 

What was the result in Scott the mid-Carolina homes, Inc., The case referenced in the textbook in which the defendant attempted to rescind a contract to sell a mobile home because it's sales person was acting under a mistake of fact when he gave the plaintiff the sales price?

 

What is the legal term that refers to intent or knowledge of wrongdoing?

 

For mutual mistake to interfere with legal consent, it must involve a blank affect on the agreement

 

Scheming Friends. Willy very much wants to rent a basement apartment in Weaver's home. Willy threatens to tell all Weaver's friends that he and Weaver had been arrested for illegally smoking marijuana unless Weaver rents the apartment to him for $100 per month. Weaver reluctantly agrees to rent the apartment to Willy for that amount. Willy also wants to buy Weaver's car. Weaver runs back the odometer on the car before Willy test-drives it. Willy is impressed by the low mileage and agrees to buy the car. Finally, Weaver offers to sell Willy a ring for Willy's fiancée. Weaver tells Willy that the ring is a diamond and believes that to be true. After the deal is made, however, a jeweler friend of Weaver's informs him that the ring is a fake. When Willy shows up with the money, Weaver says nothing. He just hands Willy the ring and takes the money. Later, Willy finds out that the odometer was run backwards from another friend to whom Weaver confided. Willy also finds out from his girlfriend that the ring is a fake.

 

Which of the following would be the most likely result if Weaver attempts to rescind the agreement to rent the apartment?

 

Shady lawyer. Brice had a number of ethical issues come up in law school involving alleged cheating but managed to graduate because nothing was ever proven. Upon obtaining his law license, Brice enjoyed living "on the edge" and engaged in tactics that were at least questionable. One of his clients was an older gentleman, Sam, with significant assets and significant legal issues involving a messy divorce stemming from his involvement with a local dog groomer, Susie. Brice told Sam that he felt certain that he could arrange matters so that Sam could live happily in the Caribbean with Susie but that, in addition to paying a hefty legal fee, Sam would need to name Brice as a significant beneficiary in his will and give Brice power of attorney over his assets. Sam agreed to do so. He gave Brice power of attorney and changed his will to reflect that upon his death, Brice would receive half his estate. The other half went to Susie. Sam also paid the hefty legal fee Brice demanded. At that point, Brice agreed to proceed with negotiations in the divorce. Shortly after the divorce, Sam had an unexpected heart attack and died immediately. Susie, the executor of the will, told Brice that she was reporting him to the state bar association and that he was not entitled to any assets from the estate. Brice told Susie that he knew that Susie had failed to pay income tax for all her dog grooming and that he was reporting her unless she kept her mouth shut and consented to the terms of the contract. Brice also said that in return for keeping his mouth shut, he wanted additional sums purportedly for his work on Sam's divorce. Which of the following is true regarding Brice's dealing with Sam?

 

Pet Pig Farm. Marcy wanted to buy Lucy's land and use it to breed small pigs to be kept as pets. Marcy told Lucy that having water on the property was very important. Lucy assured her that a spring ran through one corner of the property. Therefore, Marcy agreed to buy the farm. Although she did not ask Lucy anything about it, Marcy, who loved pigs, assumed that the neighbors would be pleased with the pigs being in the area. In a separate contract, Lucy also agreed to sell Marcy a used truck for $5,000. After the contract for the land sale was entered into, it was discovered that actually the spring did not run through the corner of Lucy's property. The area in which the spring ran actually belonged to a neighbor. Additionally, when Lucy brought Marcy the used truck, Marcy said, "That's not the truck!" It was discovered that Lucy, who had two trucks, thought that Marcy had bought the older truck when Marcy thought she had purchased the newer truck. Marcy was also surprised when she received a petition signed by all surrounding landowners objecting to the presence of the pigs and threatening to sue Marcy for nuisance.

 

Which of the following is the most likely result in the dispute between Marcy and Lucy regarding which used truck was sold assuming that both Marcy and Lucy were each innocently mistaken and did not intent to defraud the other?

 

Maurice offered to sell his used computer to Mike for $300, and Mike accepted. Both Maurice and Mike believed that the computer was one year old. When the receipt was found, however, it was discovered that the computer was actually 18 months old. Mike wants out of the agreement based on mutual mistake. Which of the following is Maurice's best argument to enforce the contract?

 

Shady lawyer. Brice had a number of ethical issues come up in law school involving alleged cheating but managed to graduate because nothing was ever proven. Upon obtaining his law license, Brice enjoyed living "on the edge" and engaged in tactics that were at least questionable. One of his clients was an older gentleman, Sam, with significant assets and significant legal issues involving a messy divorce stemming from his involvement with a local dog groomer, Susie. Brice told Sam that he felt certain that he could arrange matters so that Sam could live happily in the Caribbean with Susie but that, in addition to paying a hefty legal fee, Sam would need to name Brice as a significant beneficiary in his will and give Brice power of attorney over his assets. Sam agreed to do so. He gave Brice power of attorney and changed his will to reflect that upon his death, Brice would receive half his estate. The other half went to Susie. Sam also paid the hefty legal fee Brice demanded. At that point, Brice agreed to proceed with negotiations in the divorce. Shortly after the divorce, Sam had an unexpected heart attack and died immediately. Susie, the executor of the will, told Brice that she was reporting him to the state bar association and that he was not entitled to any assets from the estate. Brice told Susie that he knew that Susie had failed to pay income tax for all her dog grooming and that he was reporting her unless she kept her mouth shut and consented to the terms of the contract. Brice also said that in return for keeping his mouth shut, he wanted additional sums purportedly for his work on Sam's divorce. Assuming that Sam had paid all amounts validly due from the divorce proceeding, which of the following is true regarding Brice's attempt to obtain additional fees?

 

George offers to sell Penelope a ring that George found in his yard. He and Penelope look at the ring and decide that they are not sure what it is, probably just a shiny stone. Penelope pays George $10 for the ring. The ring turns out to be a diamond worth much more than $10. George wants the ring back, and Penelope refuses. What is the most likely result?

 

Under the blank rule, a contract that would normally fall under the statute of frauds I need a writing is negotiated by the principal must be in writing even if negotiated by an agent.

 

Lawrence v. Fox, a case referenced in the textbook, was one of the earliest cases to recognize the rights of _____.

 

If an intended beneficiary wants to enforce his or her rights, they cannot do so until when?

 

Which of the following does the statute of frauds not impose on parties when dealing with a contract?

 

The _____ in a third-party beneficiary contract is the party to the contract who owes something to the promisor in exchange for the promise made to the third-party beneficiary.

 

Which of the following is a term for contracts within the statute of frauds involving promises to pay the debt of another if the other party fails to pay?

 

Which of the following is true regarding the rights of an intended beneficiary?

 

Which of the following is incorrect regarding the statute of frauds and contracts whose terms prevent possible performance within one year?

 

When may a court rule that parol evidence might be admissible to further the court's understanding of an agreement?

 

Which of the following is incorrect regarding the parol evidence rule?

 

Which of the following are considered an interest in land within the statute of frauds?

 

Which of the following is true regarding oral assignments?

 

Which of the following is true regarding a signature on a document falling within the statute of frauds?

 

Which of the following is incorrect regarding the rights of assignees and assignors?

 

Third-party rights in a life insurance policy do not vest until the _____.

 

Which of the following is determinative of the effectiveness of an anti-assignment clause?

 

Which of the following is true regarding the rights of an incidental beneficiary to a contract to sue to recover incidental rights?

 

Hans and Gretchen enter into a life insurance contract that names their son Erik as the beneficiary. What type of beneficiary is Erik?

 

Nina watches as the city she lives in starts to pave the street in front of her house. Unfortunately, the city and the paving company become entangled in a contract dispute. Nina knows that the price of her house will increase once the street is paved. In this scenario, Nina would be a(n) _____ to the contract.

 

Not So Rich Uncle. Bruce is attempting to convince Sally to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Sally reluctantly agrees, and they sign an agreement by which Bruce agrees to provide the Mercedes and world tour. Bruce and Sally marry on January 1. Unexpectedly, on March 1, Bruce's supposedly rich uncle, Frank, dies. Frank has no living relatives other than Bruce, and Frank's will leaves everything to Bruce who is also appointed executor. In attempting to settle the estate, Bruce agrees orally to pay out of his own pocket debts of Frank totaling $10,000. Sally is concerned about Bruce's doing so. Bruce tells her not to worry because he will get all the money back when the estate settles. Bruce admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry. The assets were needed in large part to satisfy his obligations to Sally. Surprisingly, it later came to light that prior to his death Frank had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Bruce to inherit. Bruce disavowed his agreement to pay $10,000 to various creditors. Which of the following is the most likely result of Bruce's attempt to avoid his agreement to pay creditors of the estate out of his own pocket?

 

Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally. Bob later refuses to do so saying that promises to give gifts are not enforceable. He then moves out of town. Trudy tells both Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty, and that Sally is owed $40 from Bob for her birthday present. What type of third-party beneficiary is Sam?

 

Painted House. Billy had a contract to paint Jan's house for $800 including the duty to clean up any debris. The contract between Billy and Jan did not contain an anti-assignment clause. Billy, who was very busy, assigned the contract, including the right to payment and the duty to paint, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $800. Billy needed the money to pay some bills, so he spent it. He thought he would have money coming in with which to pay Richard, but that did not happen. Richard asked Jan for $800 when it was not forthcoming from Billy. Jan refused. Richard said that he was going to sue her and Billy. Jan called Billy and told him that he had no right to assign the contract. Another problem involved disposal of debris. Although Richard was a good, competent painter, he forgot and left some old paint cans at Jan's house. Jan demanded that Billy come and properly dispose of the paint cans because they could not simply be put in the trash. Billy refused and told her that she would have to get Richard to dispose of the paint cans because that was his responsibility. What would be the likely result of a lawsuit brought by Richard against Jan to recover the $800?

 

Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally. Bob later refuses to do so saying that promises to give gifts are not enforceable. He then moves out of town. Trudy tells both Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty, and that Sally is owed $40 from Bob for her birthday present. What type of third-party beneficiary is Sally?

 

Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally. Bob later refuses to do so saying that promises to give gifts are not enforceable. He then moves out of town. Trudy tells both Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty, and that Sally is owed $40 from Bob for her birthday present. Which of the following would be the likely result if Sam sues Trudy for the $40 she owes him for the book?

 

Portraits. Belinda, a famous portrait painter, agreed to paint Harry's portrait for $5,000. She also agreed to paint the portraits of Michelle's two Welsh Corgi dogs, Baby and Bree. Michelle agreed to pay Belinda $12,000 for the portraits. Belinda charged Michelle more because dogs annoyed her. Belinda met the spoiled dogs, and they really got on her nerves. Plus, she was behind on finishing Harry's portrait. Belinda, therefore, proceeded to assign the right to receive the money for the dog portraits and the duty to paint the dog portraits to her assistant, Fred. He eagerly accepted and painted the portraits. As payment for amounts she owed him for various duties, Belinda also assigned to Fred the right to receive payment from Harry. Neither the contract Belinda had with Harry nor the contract she had with Michelle expressly prohibited assignment or delegation of contractual rights and duties. Belinda finished the portrait of Harry and called him to come and pick it up. Meanwhile, a disgruntled secretary who disliked Belinda told both Michelle and Harry about the agreements with Fred. Michelle was furious and refused to pick up the portrait or pay anyone. Harry likewise refused to pay for his portrait claiming that the right to payment could not be assigned. What would be the most likely result if Fred sues Harry for the $12,000 payment?

 

A(n) _____ of contract often arises when market conditions change and one party realizes that it will not be profitable to carry out the terms of the contract.

 

When a party's contract obligations have been terminated, the obligations have been _____.

 

Kelly and Theo have both completed their respective obligations under their contract. This is _____ performance.

 

Which of the following is the return to its original owner of any property transferred under a contract?

 

Which of the following is correct regarding complete performance?

 

Which of the following describes conditions that are inferred from the nature and language of the contract?

 

Which of the following is a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

 

Which of the following is a condition courts require in order to recognize substantial performance?

 

Marlie's contract explicitly states that she must perform her contract obligation by June 1 at 5:00 p.m. This is an example of _____.

 

Which of the following may not result in discharge of a contract by operation of law?

 

In order for a novation to be valid, what has to happen?

 

Suppose that Jeremiah was unfairly terminated before his employment contract expired, and he had to spend $500 to find another job. His job search expenditures would be considered _____ damages.

 

Which of the following is not a way a party's contractual obligations can be discharged?

 

Which of the following are types of conditions that affect the performance obligations of the parties?

 

Bob agreed to tutor Lola in Spanish for two (2) hours and Lola agreed to pay $25.00 per hour for the tutoring services. Bob tutored Lola and she paid Bob $50.00. This means that the parties have been _____.

 

Selma is suing William for fraud that induced her to enter into a contract with him. William sold Selma worthless stocks that he falsely and intentionally claimed were very valuable. In attempting to punish William for his fraudulent misrepresentation, Selma will seek _____ damages.

 

What type of breach discharges the nonbreaching party from his or her obligations under the contract?

 

Which of the following was the result in Thrifty Rent-A-Car System v. South Florida Transport, the case in the textbook where in response to a claim for amounts due on a franchise agreement involving the rental of vehicles, the defendant claimed that hurricanes had rendered its rental car business commercially impracticable?

 

Margo and Bruce have an agreement in which Margo will paint the entire first floor of Bruce's house for $5,000. As it turns out, Bruce cannot afford to have the whole first floor painted. Margo and Bruce decide that instead of the entire first floor, Margo will paint the living room and dining room only for $2,500. They put the original contract into a paper shredder and enter into another contract indicating the new terms. This is an example of a(n) _____.

 

Earthquake. Stewart, the owner of ABC Construction, agreed with Joan, the owner of XYZ Hotel, that he would complete renovations on her upscale hotel on the beach in Florida by October 1. The amount due to Stewart under the contract was $250,000. The contract contained a clause by which Stewart would pay Joan $50,000 for each day he was late on completing the project. Unfortunately, an unexpected strong earthquake shook the area, and while the earthquake did not damage the hotel itself, Stewart encountered significant difficulty in getting supplies due to the high demand for building material following the earthquake. Because he believed that traveling himself to other states to obtain supplies would be prohibitively expensive, he delayed the project for two weeks while waiting for local stores to have sufficient supplies available. Stewart finished renovations six days late. Joan told Stewart that she owed him nothing but that he owed her $50,000. Stewart told Joan that he was suing for the entire $250,000 because it was not his fault the earthquake delayed matters. Assuming the earthquake does not affect Stewart's liability for damages, which of the following is true regarding the provision that he will pay $50,000 for each day he is late?

 

Dream Home. Maurice finds a dream home on the lake. He wants to buy it but is unsure whether he can get a loan. He signs a contract with the seller that he will buy the home if he can get a loan. Maurice also includes a contractual clause in the contract with the seller that if the purchase goes through but he loses his job within one year, the seller will repurchase the house for the same price Maurice paid for it. After getting a loan and buying the home, Maurice decided that he wanted new windows put into the home. He entered into a contract with a window contractor. The window contractor visited the home, but Maurice was always gone. The contractor made several attempts to reach Maurice, but Maurice would not return phone calls and made no attempt to assist the contractor with installation. The provision that the seller will repurchase the home if Maurice loses his job within one year of the sale is referred to as which of the following?

 

Frequently, real estate contracts are conditioned on an event such as the buyer's ability to sell his current home by a certain date. If the home does not sell by the stipulated date, the condition is not satisfied and the parties are therefore discharged from the contract. This is an example of a contract that is subject to a _____.

 

Earthquake. Stewart, the owner of ABC Construction, agreed with Joan, the owner of XYZ Hotel, that he would complete renovations on her upscale hotel on the beach in Florida by October 1. The amount due to Stewart under the contract was $250,000. The contract contained a clause by which Stewart would pay Joan $50,000 for each day he was late on completing the project. Unfortunately, an unexpected strong earthquake shook the area, and while the earthquake did not damage the hotel itself, Stewart encountered significant difficulty in getting supplies due to the high demand for building material following the earthquake. Because he believed that traveling himself to other states to obtain supplies would be prohibitively expensive, he delayed the project for two weeks while waiting for local stores to have sufficient supplies available. Stewart finished renovations six days late. Joan told Stewart that she owed him nothing but that he owed her $50,000. Stewart told Joan that he was suing for the entire $250,000 because it was not his fault the earthquake delayed matters. Which of the following is the appropriate term for the agreement that Stewart would pay Joan $50,000 for each day he was late in completion?

 

Dream Home. Maurice finds a dream home on the lake. He wants to buy it but is unsure whether he can get a loan. He signs a contract with the seller that he will buy the home if he can get a loan. Maurice also includes a contractual clause in the contract with the seller that if the purchase goes through but he loses his job within one year, the seller will repurchase the house for the same price Maurice paid for it. After getting a loan and buying the home, Maurice decided that he wanted new windows put into the home. He entered into a contract with a window contractor. The window contractor visited the home, but Maurice was always gone. The contractor made several attempts to reach Maurice, but Maurice would not return phone calls and made no attempt to assist the contractor with installation. The responsibility of Maurice to make arrangements to give the window installer access to the home is referred to as which of the following?

 

Creaky and Toady. Beverly decides to go on a great trip to Hawaii. She needs someone, however, to take care of her two dogs, Creaky and Toady, while she is gone. Creaky has hives, and Toady passes gas frequently because of a digestive problem. Beverly hires Frank three months in advance, and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks. Frank comes over two months before Beverly is set to leave, takes one look at Creaky and Toady, and declares that they are too creepy to be around. Beverly then hires Alice who agrees to care for Creaky and Toady. Two weeks before Beverly is set to leave, however, Alice calls and tells her that she just broke both her legs in an automobile accident, sustained other injuries, and has been put on bed rest for two months. Finally, Alice hires Betty to care for the dogs and heads off to Hawaii, where she has a great time. Unfortunately, when Beverly returns home, she finds that Betty fell in love with Creaky and Toady and has absconded with them. It was a month before Beverly was able to get a court order requiring their return. Which of the following would be an order from the court requiring that Betty return Creaky and Toady to Beverly?

 

If a contract or a contract provision is _____, it is so unfair that a court would be unreasonable if it enforced the contract.

 

Under Article 2 of the Uniform Commercial Code (UCC), which of the following consists of the passing of title from the seller to the buyer for a price?

 

What do the words "deliver to the order of seller" indicate in a goods-in-bailment contract?

 

Louisiana has only adopted portions of the Uniform Commercial Code (UCC) that do not conflict with its _____.

 

Under Article 2(A) of the Uniform Commercial Code (UCC), "a transfer of the right to possession and use of goods for a term in return for consideration" is a(n) _____.

 

Under the Uniform Commercial Code (UCC), a(n) _____ can be made by any reasonable means of communication.

 

If Article 2 of the Uniform Commercial Code (UCC) is silent on an issue of sales contract formation or interpretation, what law applies?

 

What did the court rule on appeal in Alfonso Candela v. Port Motors, Inc., the case in the textbook in which the plaintiff sued the defendant for breach of warranty of title, claiming that he was sold a stolen car?

 

What may a buyer do if a seller does not provide goods that were described in the contract?

 

In terms of conditional sales contracts, a(n) _____ contract occurs when the seller and buyer agree that the buyer may return the goods at a later time.

 

Which of the following require that the seller make proper shipping arrangements and deliver goods to the buyer via a common carrier, but does not require a guarantee of the safety of goods to their destination?

 

What type of agreement do contracting parties have when the goods are delivered to a buyer via a common carrier, such as a trucking line?

 

A goods-in-_____ contract involves goods that are in some kind of storage, so the seller cannot transfer physical possession of them.

 

Which of the following is true regarding transportation costs when the shipping term "FOB" is used in a contract for the sale of goods requiring delivery?

 

Which of the following is true when the shipping term "FAS" is used?

 

Which of the following are types of conditional sales contracts?

 

Under Uniform Commercial Code (UCC) Section 2-207(1), additional terms do not negate acceptance unless acceptance is made _____.

 

If the seller has a negotiable document of title in a goods-in-bailment contract, when does risk of loss transfer from the seller to the buyer?

 

A goods-in-bailment contract that lacks the words "to the order of" indicates a _____ document of title.

 

Patty, who lives in East Tennessee, developed a new type of printer that required very little ink. As a merchant, she entered into contracts to sell the printer to a number of merchants of office supplies in the East Tennessee area for a charge of $600 each. She further entered into a number of contracts with merchants in other states and also in foreign countries. For printers sold in states other than Tennessee and for printers sold outside the United States, she charged $1,001 each. Patty was a trusting soul who did not require that her arrangements be in writing because she believed that a person's word was his or her bond. She did, however, send a confirming memo to each client to which she received no objections. Patty manufactured a number of printers but unfortunately, due to a downturn in the economy, a number of her buyers refused to proceed on their contracts, with several claiming that the contracts were unenforceable because they were not in writing. Which of the following is true regarding whether the contracts with clients in the East Tennessee area were required to be in writing?

 

Accidental Sale. ABC Motors ordinarily deals in used cars and does some amount of repair work. Robby entrusted his automobile to ABC Motors to have the oil changed and get new brakes. The car was parked in the lot along with other cars, some of which were for sale. The manager of ABC Motors accidentally sold the car to Connie because she saw it and took it upon herself to offer a good price. The manager was attempting to increase the shop's profit margin. Connie had no idea that the car did not belong to ABC Motors. When Robby went to pick up the car, he was very upset that it was gone. The manager told Robby that he was very sorry, but that he was not negligent and only made an honest mistake. According to the manager, Robby accepted the risk of this type of loss, and his only recourse was against Connie. Which of the following is true regarding the manager's statement that Robby's only recourse is against Connie?

 

Patty, who lives in East Tennessee, developed a new type of printer that required very little ink. As a merchant, she entered into contracts to sell the printer to a number of merchants of office supplies in the East Tennessee area for a charge of $600 each. She further entered into a number of contracts with merchants in other states and also in foreign countries. For printers sold in states other than Tennessee and for printers sold outside the United States, she charged $1,001 each. Patty was a trusting soul who did not require that her arrangements be in writing because she believed that a person's word was his or her bond. She did, however, send a confirming memo to each client to which she received no objections. Patty manufactured a number of printers but unfortunately, due to a downturn in the economy, a number of her buyers refused to proceed on their contracts, with several claiming that the contracts were unenforceable because they were not in writing. Assuming the United Nations Convention on Contracts for the International Sale of Goods (CISG) is in effect, which of the following is true regarding whether the contracts with clients outside the U.S. were required to be in writing?

 

Wrecked Furniture. Ralph buys new furniture for his living room from Good Times Furniture. It is agreed that the goods will be placed with a common carrier for delivery. The contract between Ralph and Good Times is ambiguous regarding whether the seller had the duty to deliver the goods only to the common carrier's hands or whether the seller had the duty to deliver the goods to Ralph's home. Unfortunately, on the way to Ralph's home, through no fault of the delivery driver, the delivery truck was wrecked and the furniture was significantly damaged. What type of contract is presumed based upon the fact that the contract was ambiguous regarding whether the seller had the duty to deliver the goods only to the common carrier's hands or whether the seller had the duty to deliver the goods to Ralph's home?

 

Wrecked Furniture. Ralph buys new furniture for his living room from Good Times Furniture. It is agreed that the goods will be placed with a common carrier for delivery. The contract between Ralph and Good Times is ambiguous regarding whether the seller had the duty to deliver the goods only to the common carrier's hands or whether the seller had the duty to deliver the goods to Ralph's home. Unfortunately, on the way to Ralph's home, through no fault of the delivery driver, the delivery truck was wrecked and the furniture was significantly damaged. Which of the following is the type of contract that Ralph and Good Times Furniture entered into?

 

What action(s) does the Uniform Commercial Code (UCC) allow a court to take if it discovers that a contract or a lease provision is unconscionable?

 

The Uniform Commercial Code requires lessors to _____ goods to lessees.

 

The term "reasonable commercial standards of fair dealing" is often called _____.

 

Which of the following usually requires that the seller deliver the particular goods identified in the contract?

 

If obligations under a buyer and seller's contract arise, which law will courts rely on to clarify the obligations?

 

Under the Uniform Commercial Code, a seller must bring a lawsuit on a breached contract within _____ of when the breach occurred or when the seller became aware of it.

 

What is the time limit allowed for a buyer to bring a lawsuit for the seller's breach of contract?

 

Which of the following is the right of a buyer to substitute goods for those due under a sales agreement?

 

In order for goods to be merchantable, the goods must _____.

 

Hemi's Car Parts, Inc. and Jule's Jewels Automotive, LLC are in a contract dispute. Under UCC Section 1-304, what is the good faith standard imposed on merchants?

 

Which of the following is required by the Magnuson-Moss Act when the seller issues a written warranty for a consumer good?

 

Which of the following is true regarding a buyer's acceptance of goods?

 

Which of the following is true regarding buyers or lessees who want to accept nonconforming goods and then seek monetary damages?

 

Which of the following determines the obligations of sellers and buyers?

 

If goods are identified at the time the parties entered into a contract and these goods are destroyed through no fault of the parties before risk passes to the buyer, which of the following is true?

 

In terms of sale of goods transactions in the United States, which of the following is true regarding disclaimer of the warranty of merchantability?

 

Which of the following means that the warranty or guarantee is automatically a part of the contract?

 

When does the Uniform Commercial Code allow buyers to seek the remedy of specific performance?

 

The three (3) warranties of quality that arise under the Uniform Commercial Code are _____.

 

Which of the following must a buyer do in obtaining cover?

 

Refused Furniture. Selina arranges to sell furniture from her furniture store to Roland for $3,000. Roland was supposed to give Selina a $500 deposit on February 1 and pay the remainder in monthly installments. Selina was to deliver the furniture by February 7. Roland did not pay Selina as promised on February 1. He asked her to wait until March 1, but she refused. She also refused to deliver the furniture. Selina was able to sell the furniture for only $2,500 because of a downturn in the economy. Roland told Selina that she had no right to withhold or sell his furniture and that he was suing. Selina incurred $100 in additional amounts in advertising costs to advertise the furniture that Roland initially purchased. Selina saved $40 in delivery costs because the subsequent purchaser picked up her own furniture. Which of the following is true regarding any right of Selina to recover the additional advertising fees she incurred from Roland?

 

Ann chipped a tooth on a peach pit while eating a can of mixed fruit. She wants to sue the manufacturer of the fruit mix. Which of the following would be the manufacturer's best defense?

 

Boat Tow. Donnie went to a new car dealership and told the salesperson (who was not the manager) that he needed a new car that would both get good gas mileage and pull his big boat. The salesperson encouraged him to buy a smaller car that the salesperson promised would pull the boat. Donnie bought the car and used it to pull the boat. Unfortunately, the heavy pull on the car did significant damage to the car's engine. Donnie complained to the salesperson, who denied any liability. Donnie, who had taken half-a-semester of business law, informed the salesperson that along with the sale of the car he also received an express warranty and an implied warranty of merchantability, and that he could recover under either of those theories. Will Donnie be able to recover damages based upon breach of the implied warranty of fitness for a particular purpose?

 

Refused Furniture. Selina arranges to sell furniture from her furniture store to Roland for $3,000. Roland was supposed to give Selina a $500 deposit on February 1 and pay the remainder in monthly installments. Selina was to deliver the furniture by February 7. Roland did not pay Selina as promised on February 1. He asked her to wait until March 1, but she refused. She also refused to deliver the furniture. Selina was able to sell the furniture for only $2,500 because of a downturn in the economy. Roland told Selina that she had no right to withhold or sell his furniture and that he was suing. Selina incurred $100 in additional amounts in advertising costs to advertise the furniture that Roland initially purchased. Selina saved $40 in delivery costs because the subsequent purchaser picked up her own furniture. Which of the following is true regarding Roland's claim that Selina had no right to sell the furniture he initially purchased?

 

New Furniture. Penny purchased $3,000 worth of furniture from Bob's furniture shop. Through an arrangement with Bob, Penny financed the purchase through a financing company called Let Us Help You. Twenty-nine days after the goods were delivered to her, Penny had a disagreement with Let Us Help You regarding the amount of interest she would be required to pay. She notified Bob on that day that she was rejecting the goods. Bob claimed that she did not properly reject the furniture and also that she acted in bad faith. Penny says that she properly rejected and denies that she acted in bad faith. She also says that, in any event, she cannot be sued for both wrongful rejection and also bad faith because of double jeopardy. Which of the following is true regarding the standard of good faith that would be applied to Penny?

 

Belinda orders a certain type of hybrid rose for her wedding. A disease sweeps through that type of rose and the florist can only obtain the roses at great cost, if at all. Which of the following is the appropriate term for the florist's best defense?

 

Michael is assisting Michelle and Johnathan in their formation of a corporation by helping them arrange for the necessary capital, financing, and licenses. In this case, Michael is a corporate _____.

 

When a corporation is incorporated, the secretary of state usually issues a(n) _____, a document certifying that the corporation is incorporated in the state and is authorized to conduct business.

 

Belinda is both a director and an officer of her corporation. Belinda is a(n) _____.

 

Which of the following refers to the liability of corporations for torts and crimes committed by their agents during the scope of their employment?

 

If Acme Corporation retains its profits and reinvests them in the company, these types of profits are known as _____.

 

Jewel's Fine Jewelry, Inc. (Jewel's) is incorporated in the state of Oklahoma but does business in Michigan, Illinois, and Tennessee. In Michigan, Illinois and Tennessee, Jewel's would be considered a _____ corporation.

 

Which of the following is necessary in order for a business to qualify as an S corporation?

 

Which of the following may be redeemed for a certain number of shares at a specified price within a given time period?

 

How is the number of corporate directors determined?

 

Who has the lowest priority when a corporation distributes dividends?

 

Who uses a majority vote to elect the corporation's directors?

 

Which of the following is generally true regarding the management of a corporation?

 

A director may be removed _____.

 

A corporation commits an ultra vires act when it _____.

 

According to the Revised Model Business Corporation Act (RMBCA), which of the following should the articles of incorporation include?

 

A _____ must be present at a board of directors meeting for decisions made at the meeting to be valid.

 

When the government or private parties obtain a court order to dissolve a corporation, it is a(n) _____.

 

When the directors or shareholders of a corporation initiate dissolution procedures, it is a(n) _____.

 

Which of the following was the result on appeal in Campbell, Kesser, and Williams v. Pothas Corporation, the case in the textbook in which the defendant alleged that golden parachute agreements were not enforceable because they violated public policy?

 

Machine Malfunction. Bruno, the president of a corporation operating workout facilities, convinced the board of directors to approve a large purchase of a type of fitness machine called "Perfect Body." Bruno had carefully investigated the machine and did a presentation to the board on its purported benefits. Unfortunately, after the purchase, it was announced that "Perfect Body" was actually a very dangerous machine that should not be used. The manufacturer of "Perfect Body" went bankrupt, and the corporation lost $200,000 on the purchase of the machines. The shareholders are furious and want to sue Bruno and the directors. The board of directors agrees to allow Frances, the ringleader of the shareholders, to purchase stock of the company at below its fair market value. She purchases a considerable amount of stock on that basis, but says that the shareholders plan to continue with an action against Bruno and the board members. Which of the following is true regarding the liability of Frances, if any, for purchasing the stock at below its fair market value?

 

Shaky Bicycles. Rhonda, an incorporator who filed the articles of incorporation for ABC Corporation, a corporation set up to sell bicycles, listed the correct town and street but incorrectly put the wrong street number in the document. Helen, a manufacturer of bicycle parts, had sold a number of parts to ABC Corporation. Unfortunately, the corporation was not making any profit, and Helen was not paid in a timely manner. Rhonda told her that the corporation was not liable because it was not validly formed due to the address mistake. Bernice, another creditor of ABC Corporation, also claimed that a shareholder of Shaky Bicycles, Slick, was personally liable to her. Bernice alleged that Slick committed fraud against her when he told her that ABC Corporation was making large amounts of money, that if she would only lend $50,000 to the corporation he would marry her, and that the corporation would make so much money that she would be wealthy in six months. She made the loan, but the corporation has been unable to repay her. Slick told her that he is sorry, but that her only avenue of recovery is through the corporation. Which of the following would a court likely rule regarding the status of ABC Corporation as a corporation?

 

Self-Centered President. Tina is the new president of "We Manage You," a corporation set up to manage physician practices. Tina has never been very concerned with minority shareholders because she does not believe that they have any influence over the company because they cannot even elect a director. She is told, however, that the corporation has a practice of cumulative voting. An election is coming up in which 10 directors will be elected. Minority shareholders own 2,000 shares while majority shareholders own 8,000 shares. Tina tells her vice president, George, that she wants to ignore minority shareholders and focus her interests on majority shareholders and the directors. She also tells George that she wants to be particularly conscientious toward directors because the directors appoint officers, and she does not believe that she owes any actual duties to shareholders. She further orders George to destroy some documents subpoenaed in a criminal investigation against the company for illegal tax evasion. When George protests, Tina tells him not to worry because officers cannot be held responsible for criminal actions so long as the actions are done as part of the officer's duties. She explains to him that only the corporation can be charged with liability in such cases. Is Tina accurate that she owes no duties to shareholders?

 

Shaky Bicycles. Rhonda, an incorporator who filed the articles of incorporation for ABC Corporation, a corporation set up to sell bicycles, listed the correct town and street but incorrectly put the wrong street number in the document. Helen, a manufacturer of bicycle parts, had sold a number of parts to ABC Corporation. Unfortunately, the corporation was not making any profit, and Helen was not paid in a timely manner. Rhonda told her that the corporation was not liable because it was not validly formed due to the address mistake. Bernice, another creditor of ABC Corporation, also claimed that a shareholder of Shaky Bicycles, Slick, was personally liable to her. Bernice alleged that Slick committed fraud against her when he told her that ABC Corporation was making large amounts of money, that if she would only lend $50,000 to the corporation he would marry her, and that the corporation would make so much money that she would be wealthy in six months. She made the loan, but the corporation has been unable to repay her. Slick told her that he is sorry, but that her only avenue of recovery is through the corporation. Assuming ABC's corporate status is in place, which of the following is Bernice's best theory in order to hold Slick personally liable to her?

 

Machine Malfunction. Bruno, the president of a corporation operating workout facilities, convinced the board of directors to approve a large purchase of a type of fitness machine called "Perfect Body." Bruno had carefully investigated the machine and did a presentation to the board on its purported benefits. Unfortunately, after the purchase, it was announced that "Perfect Body" was actually a very dangerous machine that should not be used. The manufacturer of "Perfect Body" went bankrupt, and the corporation lost $200,000 on the purchase of the machines. The shareholders are furious and want to sue Bruno and the directors. The board of directors agrees to allow Frances, the ringleader of the shareholders, to purchase stock of the company at below its fair market value. She purchases a considerable amount of stock on that basis, but says that the shareholders plan to continue with an action against Bruno and the board members. Which of the following is a term for stock issued to individuals below its fair market value?

 

Machine Malfunction. Bruno, the president of a corporation operating workout facilities, convinced the board of directors to approve a large purchase of a type of fitness machine called "Perfect Body." Bruno had carefully investigated the machine and did a presentation to the board on its purported benefits. Unfortunately, after the purchase, it was announced that "Perfect Body" was actually a very dangerous machine that should not be used. The manufacturer of "Perfect Body" went bankrupt, and the corporation lost $200,000 on the purchase of the machines. The shareholders are furious and want to sue Bruno and the directors. The board of directors agrees to allow Frances, the ringleader of the shareholders, to purchase stock of the company at below its fair market value. She purchases a considerable amount of stock on that basis, but says that the shareholders plan to continue with an action against Bruno and the board members. Under which of the following should Bruno and the board of directors defend themselves in an action brought by shareholders for harming the corporation?

 

The Securities and Exchange Commission (SEC) assumes that _____ are better able to evaluate the financial risk of buying securities.

 

A prospectus is a written document filed with the Securities and Exchange Commission (SEC) containing _____.

 

Which of the following are profits are made by a statutory insider from the sale of company stock within any six-month period?

 

Which of the following legislation oversees the purchase and sale of securities?

 

Which of the following laws regulate(s) securities transactions?

 

Which of the following legislation regulates how companies issue corporate securities?

 

Which of the following occurs after an issuer files a registration statement and prospectus?

 

The United States Congress passed the _____ in reaction to the mistrust of securities transactions before the Great Depression.

 

Shelf registrations permit certain qualified issuers to register securities they will sell _____ on a delayed or continuous basis in the future.

 

During the _____, issuers may make oral offers to sell their securities and may distribute a red-herring prospectus—a prospectus with a notice written in red print at the top of the page warning investors that the registration has been filed with the Securities and Exchange Commission (SEC) but is not yet approved.

 

Which of the following are main functions/purposes of the Sarbanes-Oxley Act of 2002?

 

Which of the following organizations are excluded from the Investment Company Act's definition of an investment company?

 

Which of the following is true regarding the Securities Exchange Act of 1934?

 

The United States Congress passed the _____ in an effort to prevent the exploitation of small investors.

 

Which of the following was the result on appeal in United States v. Carpenter, the case in the textbook in which it was claimed that federal securities law was violated by a scheme by which confidential information gained in the course of obtaining news material for the Wall Street Journal was sold to stockbrokers?

 

A(n) _____ announces a forthcoming sale of securities during the waiting period though a brief advertisement.

 

According to Securities and Exchange Commission (SEC) guidelines, an accredited investor does not include _____.

 

Which of the following provisions of the Securities Exchange Act of 1934 prohibits fraud associated with the purchase or sale of all securities?

 

Which of the following was the ruling in Stoneridge Inv. Partners, LLC v. Scientific-Atlanta, Inc., the case in the textbook in which the United States Supreme Court addressed the issue of the liability of bankers, lawyers, and other third parties who did not directly mislead investors but worked with corporations that did?

 

Presidential Profits. Linda was president of a publicly traded tractor company, Tough Tractors. Linda became aware that stock in her company would likely increase significantly in value because her company had a contract to purchase the assets of Rough Tractors. The boards of both companies wanted the information kept confidential until the purchase was complete and a news release was made. Before the news was made public, Linda immediately purchased a significant number of shares in Tough Tractors. Linda also told her friend Frank about the contract to purchase assets. Frank, who knew that the information was not public, told his brother, George. Frank and George purchased a number of shares of stock in Tough Tractors prior to any public announcement of the sale. After the public announcement was made and the purchase of assets went through, Linda, George and Frank, all sold their shares in Tough Tractors and made a significant profit. Which of the following describes Frank in providing information about the asset sale to George?

 

Coffee shops. Bernice wants to open a chain of coffee shops and begins by asking her friends in various states around the country to invest through the purchase of securities in the coffee shops. Her friend Robbie says that he would like to invest but that she should be sure that she satisfies requirements of the Securities and Exchange Commission (SEC). He tells her that she has to provide information to the SEC involving a description of the securities, an explanation of how proceeds will be used, information regarding the management of the company, and other matters. He tells her that she also has to provide a document to the SEC that will be provided as an advertising tool to potential investors who can rely on it to decide whether they should buy securities. Bernice says that she does not want to do that. She explains to Robbie that insofar as the coffee shop venture is concerned, she does not want to advertise, and she wants to offer securities only to a limited number of wealthy friends. Particularly, she has in mind Scott who has a net worth of at least $3 million and Mary, a psychiatrist. Mary recently filed bankruptcy because of some bad decisions involving an elaborate decoration of her office. Although her income for the past couple of years has been in the range of $80,000, business is improving based on her recent involvement with a number of patients suffering anxiety based upon a fear of alien invasion. Which of the following is the term for the document referenced by Robbie involving information to be provided to the SEC involving a description of the securities, an explanation of how proceeds will be used, information regarding the management of the company, and other matters?

 

Presidential Profits. Linda was president of a publicly traded tractor company, Tough Tractors. Linda became aware that stock in her company would likely increase significantly in value because her company had a contract to purchase the assets of Rough Tractors. The boards of both companies wanted the information kept confidential until the purchase was complete and a news release was made. Before the news was made public, Linda immediately purchased a significant number of shares in Tough Tractors. Linda also told her friend Frank about the contract to purchase assets. Frank, who knew that the information was not public, told his brother, George. Frank and George purchased a number of shares of stock in Tough Tractors prior to any public announcement of the sale. After the public announcement was made and the purchase of assets went through, Linda, George and Frank, all sold their shares in Tough Tractors and made a significant profit. In which of the following prohibited practices was Linda engaged by purchasing the shares after she found out about the merger?

 

In Trouble. Bruno, an issuer of stock, may be in trouble. He sold stock in a new health club venture before the effective date of registration. He did so because he was in financial trouble involving other ventures of his and needed additional funds. Bruno thought that the health club venture would be such a success that he would never get caught in regard to the stock sale. Unfortunately, he was wrong. The health club venture was going very poorly and investors were looking for some way to hold Bruno responsible. Another problem Bruno has is that he inflated information regarding the prospects of the health club in the prospectus. Investors bitterly complained. Rick, a new lawyer, told Bruno that as far as he knew, the Securities and Exchange Commission (SEC) could fine Bruno under the Securities Act of 1933 but could not send him to jail. Bruno told Rick that was good news and that no one should feel sorry for the investors because none of them made any effort to check on information contained in the prospectus or to investigate the future profitability of the health club venture. Bruno says that he plans to rely on the due diligence defense. Bruno also asks Rick if he is aware of any other defenses. Bruno says that he has never previously been in trouble with the SEC. Is Rick correct in that the SEC would have no authority to send Bruno to jail?

 

Presidential Profits. Linda was president of a publicly traded tractor company, Tough Tractors. Linda became aware that stock in her company would likely increase significantly in value because her company had a contract to purchase the assets of Rough Tractors. The boards of both companies wanted the information kept confidential until the purchase was complete and a news release was made. Before the news was made public, Linda immediately purchased a significant number of shares in Tough Tractors. Linda also told her friend Frank about the contract to purchase assets. Frank, who knew that the information was not public, told his brother, George. Frank and George purchased a number of shares of stock in Tough Tractors prior to any public announcement of the sale. After the public announcement was made and the purchase of assets went through, Linda, George and Frank, all sold their shares in Tough Tractors and made a significant profit. For which of the following is George liable?

 

Presidential Profits. Linda was president of a publicly traded tractor company, Tough Tractors. Linda became aware that stock in her company would likely increase significantly in value because her company had a contract to purchase the assets of Rough Tractors. The boards of both companies wanted the information kept confidential until the purchase was complete and a news release was made. Before the news was made public, Linda immediately purchased a significant number of shares in Tough Tractors. Linda also told her friend Frank about the contract to purchase assets. Frank, who knew that the information was not public, told his brother, George. Frank and George purchased a number of shares of stock in Tough Tractors prior to any public announcement of the sale. After the public announcement was made and the purchase of assets went through, Linda, George and Frank, all sold their shares in Tough Tractors and made a significant profit. For which of the following is Linda liable?

 

Which of the following laws govern(s) labor-management relations in the United States?

 

Which of the following does the Employee Retirement Income and Security Act (FLSA) establish?

 

The Fair Labor Standards Act (FLSA) mandates that employees who are not excluded from its coverage and who work more than _____ hours in a week be paid no less than one and one-half times their regular wage for all the hours beyond _____ that they work during a given week.

 

Under the Family and Medical Leave Act (FMLA), eligible employees are those who have worked at least _____ hours per week for each of _____ months prior to the leave.

 

Which of the following legislation require(s) employers to furnish safe working conditions free from recognized hazards that are likely to cause serious harm or death?

 

Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

 

Surprise Arrival. Gracie was surprised and pleased to find she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. Which of the following is true regarding Groucho's comment that pregnancy-based discrimination is not covered by Title VII?

 

Which of the following was the result in Roe v. Teletech Customer Care Management, the case in the textbook in which the employee sued after being terminated for testing positive for marijuana she was taking for a medical condition?

 

Which of the following was the result in Kumar v. Gate Gourmet, Inc., the case in the textbook in which the Supreme Court of Washington addressed the issue of whether an employer meal policy, which barred employees from brining in their own food for lunch (for security reasons) and left only employer-provided food for the employees to eat, constituted a failure to accommodate their religious practices reasonably and had a disparate impact on employees who adhered to certain religions?

 

Which of the following is the first step in a three-step process of proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of 1964?

 

Through which of the following theories can an employee-plaintiff prove discrimination under Title VII of the Civil Rights Act of 1964?

 

Which of the following damages are not allowed under Title VII of the Civil Rights Act of 1964?

 

Employers are required to retain I-9 forms for a period of at least _____ from the date of hire or _____ after the employee is no longer employed, whichever is longer.

 

Which of the following is false regarding the Federal Unemployment Tax Act (FUTA)?

 

Which of the following is correct regarding the extent to which the National Labor Relations Act (NLRA) protects the rights of employees to act together to address conditions at work?

 

The Age Discrimination in Employment Act (ADEA) was enacted to prohibit employers from _____ older workers.

 

Which of the following can never be used as a defense to a bona fide occupational qualification?

 

The Immigration Reform and Control Act requires _____ to verify the identity and eligibility of all individuals hired in the United States after November 6, 1986.

 

Which of the following is true regarding caps on punitive damages in Title VII cases based on discrimination other than race?

 

Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Of which of the following types of harassment were Candy's caresses and suggestive statements?

 

Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Which of the following is true regarding Robert's claim of sexual harassment?

 

Surprise Arrival. Gracie was surprised and pleased to find she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. Which of the following is true regarding Gracie's entitlement to be paid for time she is medically required to be off for pregnancy?

 

Dog and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college-age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer and sales skills. Paul refuses to hire her, telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Paul's test for patience?

 

Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she is not entitled to that information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Assuming Phyllis quits, which of the following rights does she have under federal law to retain benefits so long as the benefits are provided to employees who are still working?

 

Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she is not entitled to that information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Bolivar's statement that Phyllis is not entitled to that information until she is at least 60 years old?

 

_____ consists of the enforceable rules of conduct that govern commercial relationships.

 

How many of the functional areas of business sit on a foundation of business law?

 

Which of the following is one of the numerous purposes fulfilled by the law?

 

A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as ______.

 

Crimes are prosecuted by:

 

Inattentive Driving. While cutting class and driving off campus to check on her new dress for the upcoming formal, Molly, a busy college student, is busy talking on her cell phone with her friend Sharon. Molly is trying to talk Sharon into going to the dance with her brother, who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient. The officer is annoyed because it is his lunch break. He tells Molly that she must obey the law and proceeds to write several citations to her. Which type or types of law is or are involved in the above situation considering Molly's interaction with both the officer and Sam?

 

The Stolen Book. Betty tells Susan that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob has Susan arrested for slapping him. Susan sues Bob for damages in the amount of the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. The lawsuit Susan has against Bob for damages for stealing her book involves which of the following?

 

Which of the following involves disputes between private individuals or groups and their government?

 

Which of the following is not a commonly recognized classification of the law?

 

Inattentive Driving. While driving to check on his tux for an upcoming formal, Gary, a busy college student, is busy talking on his cell phone with his friend Sharon. Gary is trying to talk Sharon into going to the dance with his brother, who has a big crush on Sharon. Unfortunately for Gary, his state's legislative body has made it illegal to talk on a cell phone while operating a motor vehicle. Gary crashes into the side of Sam's new convertible when he looks down to pick up a can of soda he just dropped onto his new jeans. A police officer just down the street comes over to investigate. Gary explains to the officer that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. Around that time Sam comes along. She is furious regarding the significant dent in her new car. Gary says he has insurance and that he will cover the whole incident. Sam says that is insufficient. The officer tells Gary that he must obey the law and proceeds to write several citations to him. The law in Gary's state regulating cell phone usage would be classified as which of the following?

 

An alternative name for case law is ______.

 

Legislative acts passed by the United States Congress can be found in the ______.

 

Ordinances address all but which of the following business considerations?

 

Which of the following is a term used to refer to laws that are contained in one convenient location?

 

The term ______ involves the use of past decisions to guide future decisions.

 

The laws put forth by the legislative branch are referred to as:

 

The United States Constitution and ________ establish the fundamental principles and rules by which the United States and the several states are governed.

 

Comparative law:

 

One of the most often-used guidelines for shaping the law is tradition, or custom, which is also called ______.

 

Laws that help establish the conditions of trade between countries are:

 

An ethical _____ is a problem about what a firm should do for which no clear, right decision is available.

 

The social responsibility of business consists of the expectations _____ impose(s) on firms.

 

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

 

Positive abstractions that capture our sense of what is good or desirable are ______.

 

Which of the following is an incorrect statement regarding values?

 

In 2007, Dole was sued by a group of its employees for:

 

Which of the following is an example of the primary value of freedom?

 

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Which of the following would be a stakeholder in the company?

 

The "public disclosure" test is also known as the ______.

 

The idea that we should interact with other people in a manner consistent with the manner in which we would like for them to interact with us is called the ______.

 

Which of the following is true regarding state and federal court jurisdiction?

 

Which of the following is true regarding federal jurisdiction?

 

A court acquires in personam jurisdiction over the plaintiff when:

 

For purposes of diversity-of-citizenship, where does a corporation reside?

 

In Hertz Corp. v. Friend, the United States Supreme Court set forth the "_____" test as the appropriate test for determining a corporation's principle place of business for the purposes of diversity jurisdiction.

 

Venue is determined by:

 

Which of the following is an incorrect statement regarding the United States Supreme Court?

 

In order to ensure that a case or controversy exists, the plaintiff must show:

 

Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Regardless of what court is involved, can Jim act as plaintiff for the employees?

 

Three common discovery tools include:

 

Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury, as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who seemed grumpy is referred to as a(n):

 

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve Billy's testimony for trial in case he dies before the trial date. What should Pat do?

 

Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car. On what basis is Amber's testimony objectionable?

 

Which of the following is a type of alternative dispute resolution (ADR)?

 

In which of the following do parties select a neutral third party and explain their respective positions to the neutral third party, who then evaluates the strengths and weaknesses of the case?

 

The arbitrator typically provides a decision within ____ days of an arbitration hearing.

 

The parties to a lawsuit can submit their cases to arbitration:

 

What is a summary jury trial?

 

Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico. He has been making inappropriate sexual comments to her and other employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that if she wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements. Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations. He also tells Jenny in response to her question about the possibility of mediation in her case to forget it because mediation is pretty much the same thing as arbitration. Did Brice correctly tell Jenny that mediation is nearly the same as arbitration?

 

Which amendment to the United States Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states?

 

The United States Constitution establishes _____ branches of government.

 

What are the three independent branches of the federal government?

 

Who wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v. Madison?

 

The Supremacy Clause is located in Article _____ of the United States Constitution.

 

_____ cannot deprive individuals of the freedoms protected by the Bill of Rights.

 

Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, which of the following will a court likely ask?

 

Courts interpret the _____ Clause of the United States Constitution to mean that no law can be passed that will unreasonably interfere with existing contracts.

 

Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What do courts generally presume regarding laws passed in accordance with states' police power?

 

Which constitutional amendment gives citizens the right not to testify against themselves in a criminal case?

 

What was the result in the Christy Brzonkala v. Antonio J. Morrison et al. case referenced in the textbook, in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?

 

Which of the following was the result in the Black Star Farms, LLC et al. v. Jerry Olive, Arizona Department of Liquor License and Control et al. case referenced in the textbook, in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?

 

Which constitutional amendment prohibits cruel and unusual punishment?

 

What type of speech does the First Amendment to the United States Constitution not protect?

 

Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?

 

Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by breaking down the door. Which of the following is true on that issue?

 

The legislators of New State institute a law that mothers of children in elementary school, but not fathers, are entitled to seven days off each year in order to attend school events. Several fathers bring a lawsuit challenging the law on equal protection grounds. Which level of scrutiny will the court apply to the law?

 

Which of the following is true regarding privacy rights?

 

Actus reus is Latin for:

 

Mens rea means:

 

A violation of a building code is an example of which of the following offenses?

 

Which of the following is punishable by imprisonment for more than one year or death?

 

Cosmetic Profits. Sally is the executive vice president of Big Name Cosmetics Company. Through important and material, nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which of the following offenses, if any, is Alice guilty of by buying stock?

 

Which of the following is a true statement regarding the personal liability of corporate executives for a business crime?

 

Which of the following is an incorrect statement regarding the Computer Fraud and Abuse Act?

 

Cosmetic Profits. Sally is the executive vice president of Big Name Cosmetics Company. Through important and material, nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase?

 

What type of securities fraud occurs when an employee falsifies documents to make it appear as though the company had granted options on certain dates, but the dates are selected after the fact by looking backward for dates on which the stock price was low, thereby falsely inflating the profits of the company?

 

Heidi decided to make extra money by offering to do investments for her friends for a fee. She actually did no investing, but used the funds from new friends to pay off earlier enrollees. This worked well for a while, but her scheme came to light when her supply of new friends came to an end. She is guilty of which of the following practices?

 

Extortion is also known as:

 

For a corporation to be held criminally liable for the acts of an employee, the prosecutor does not have to prove that:

 

Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. The police also searched the convenience store and found evidence of illegal drugs for which Barry was arrested. When Barry complained about the search, the officer in charge told him that because the state police were involved, federal constitutional rights were waived. Barry is trying to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if the officers explained his rights to him; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's claim that he was engaged in a justifiable use of force?

 

Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that because the state police were involved, federal constitutional rights were waived. Barry is trying to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if the officers explained his rights to him; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's right to counsel?

 

A written document called a(n) _____ is a formal accusation stating the facts and specifying the violation of criminal law.

 

A plea in which the defendant does not admit guilt but agrees not to contest the charges is known as _____.

 

Which of the following is a correct statement regarding the grand jury system?

 

Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is _____ that a suspect committed or is planning to commit a crime.

 

Which of the following was created specifically to curb white-collar crime?

 

Which of the following is an incorrect statement regarding the Racketeer Influenced and Corrupt Organizations (RICO) Act?

 

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

 

_____ torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm.

 

_____ torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm.

 

Which of the following is not a defense to battery?

 

Which of the following is an absolute defense to defamation?

 

To recover damages in a case of slander, the plaintiff must prove _____ damages.

 

Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann, who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

 

Tina negligently hits student Susie with her car. Susie, rendered unconscious from the impact, is lying on the street. Which of the following is a correct statement regarding whether Tina has a legal duty to come to the aid of Susie after the accident?

 

Cause in fact is also known as _____ cause.

 

In order to establish a claim for negligence, the plaintiff must prove that:

 

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

 

Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?

 

Chewer. The state in which Susan lives has a statute prohibiting dogs running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan did nothing to warn anyone. Robert thinks that she should be punished for her activities, which would perhaps deter her from allowing the dog to run loose. Upon which of the following theories will Robert likely rely in seeking recovery against Susan for his shoes?

 

_____ statutes hold that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence.

 

Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior?

 

The _____ doctrine allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.

 

While crossing the street, Bobby does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Steve sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Steve does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

 

Which of the following occurs when a plaintiff implicitly assumes a known risk?

 

In terms of strict liability theory, which of the following is an example of an inherently dangerous activity?

 

Chewer. The state in which Susan lives has a statute prohibiting dogs running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan did nothing to warn anyone. Robert thinks that she should be punished for her activities, which would perhaps deter her from allowing the dog to run loose. What type of damages would Robert seek in order to punish Susan and to deter her actions in regard to letting the dog run free?

 

A person who commits a tort is often referred to as the ______________.

 

What are the elements of a binding contract?

 

Which of the following represent(s) a lack of genuine assent?

 

Which of the following is the reason the Uniform Commercial Code was drafted?

 

Which of the following is a source of law that has become more important with increasing globalization?

 

Which of the following contracts are usually voidable?

 

All contracts can be categorized as either ________ or ________ contracts.

 

________ contracts arise not from words but from the conduct of the parties.

 

Wrong Deck. Penny hires Jackson to paint the back deck on her house. She agrees to pay him $200 for the job and he accepts, sight unseen. They enter into the agreement on Tuesday, and he is to paint the deck on Saturday. When Jackson arrives, neither Penny nor her neighbor is at home. He mistakenly paints the neighbor's deck. Penny calls him the next day and asks him why he did not paint her deck. He informs her that he did paint the deck. It is then realized that he mistakenly painted the neighbor's deck. Penny tells him not to worry because the neighbor will be required to pay him. Jackson says that if the neighbor does not pay, he expects all of his funds from Penny. Which of the following is true regarding Jackson's assertion that Penny must pay him?

 

The term ________ comes from the days when the contract was literally sealed by a piece of soft wax into which an impression was made.

 

As of the publication of the textbook, how many states still allow a contract without consideration to be enforced if it is under seal?

 

As of the publication of the textbook, how many states still allow a contract without consideration to be enforced if it is under seal?

 

Which of the following references a contract problem occurring when a buyer and a seller purport to make an agreement, but their preprinted forms do not match?

 

Gretchen offers $100 to anyone who can return her lost dog, Sparky. Haley returns the dog and requests the money. Gretchen says that there is no binding contract. Which of the following is true regarding Gretchen's statement?

 

Which of the following modifies the mirror-image rule?

 

Which of the following provides that an acceptance is valid when it is placed in the mailbox?

 

Which of the following refers to the right of an offeror to revoke his offer, even if the offeror says he will hold the offer open for a stated period of time?

 

Inez, wishing to sell a used business law book, calls Janice and tells her that if she does not hear from her within twenty-four hours, she will assume that Janice wishes to purchase the book for $50. After the expiration of twenty-four hours, which of the following is correct regarding the status of the proposed book sale?

 

If the subject matter of an offer is destroyed, the offer ________.

 

How can an offer terminate?

 

Consideration is what a person will receive in return for ________.

 

Which of the following constitute(s) consideration?

 

Forbearance is defined as:

 

An example of forbearance is _________________.

 

For a promise to be enforced by the courts, there must be ________.

 

In a unilateral contract, the consideration for a promise is ________.

 

Bank Robbery. Victor robbed Safe Bank of a significant sum of cash. Safe Bank offered a reward of $10,000 for anyone who captured or provided information leading to the capture of Victor. Ted, a police officer in town, promised Safe Bank officials that he would apprehend Victor. While on duty, Ted arrested Victor at a hamburger joint in town. He found Victor based upon a hunch he had after Ursula, who dated Victor, told him about various places Victor enjoyed eating. The bank refuses to pay either Ursula or Ted any of the reward money. Which of the following is true regarding the offer of the reward?

 

Which of the following is an exception to the rule requiring consideration?

 

Which of the following is true regarding the adequacy of consideration?

 

When would a court consider the adequacy of consideration?

 

Garage sale. Richard, who is cleaning out his garage, offers to sell Dawn a used computer for $200. Dawn replies that "I'll think about it and buy it if I decide to do so." Richard also calls Denise and offers to give Denise a used business law book. She is excited to receive the book and tells him that she will pick it up the next day. Richard also agrees to sell a communications book for $50 to Jill who promises to pick it up the next day. Meanwhile, Sam comes to visit, offers Richard $20 for the business law book and Richard sells it to him. Sam also offers Richard $50 for the used computer. Richard sells it to Sam because he does not expect to hear from Dawn. Sam sees the communications book and offers Richard $60 for it. Richard decides to forget about Jill and proceeds to sell the book to Sam for $60. Denise is very angry because Richard did not save the book for her and claims that he breached a contract because she had accepted his offer. Jill is also angry because Richard sold the communications book and informs him that he breached the contract he had with her. Exactly 31 days later, Dawn tells Richard that she would like the computer. She tells him that her response constituted consideration in that it bound him to an option contract and that he should have awaited her final decision. Richard tells Sam that he needs to return everything for a full refund. Sam refuses. Which of the following is true regarding Dawn's statement that her response was sufficient consideration to bind Richard to an option contract and that he should have awaited her final decision?

 

Which of the following is a correct statement regarding illusory promises?

 

Which of the following is a correct statement regarding past consideration?

 

Which of the following would not be considered an example of consideration?

 

Bank Robbery. Victor robbed Safe Bank of a significant sum of cash. Safe Bank offered a reward of $10,000 for anyone who captured or provided information leading to the capture of Victor. Ted, a police officer in town, promised Safe Bank officials that he would apprehend Victor. While on duty, Ted arrested Victor at a hamburger joint in town. He found Victor based upon a hunch he had after Ursula, who dated Victor, told him about various places Victor enjoyed eating. The bank refuses to pay either Ursula or Ted any of the reward money. In a lawsuit between the bank and Ted, regarding the reward funds, who is likely to prevail and why?

 

Sally goes to have her hair trimmed and agrees to pay $40 to the stylist. While there, Sally decides that she would also like highlights. The stylist informs her that highlights will cost an additional $30. Sally agrees to the price, gets the highlights, but refuses to pay the extra amount. What is the likely result in a dispute between Sally and the stylist, and why?

 

Which of the following is a correct statement regarding whether an accepted offer to satisfy a debt by paying only part is consideration?

 

Which of the following is true regarding a valid accord and satisfaction?

 

In a(n) ______ debt, the parties either dispute the fact that any money is owed or agree that some money is owed but dispute the amount.

 

In most states, a minor is someone under the age of _____.

 

Which of the following is some sort of mental or physical defect that prevents a person from being able to enter into a legally binding contract?

 

Irresponsible Teen. At age 17, in a state in which the age of majority is 18, Sally purchased a prom dress from Formal Stuff. She wore it to the prom and then attempted to return it to the store claiming that she was a minor and that she was entitled to a refund. The dress had clearly been worn and had a purple stain that Sally claimed was from grape juice. Additionally, a few days before she turned 18, Sally purchased a used car from Dings and Dents used cars. She had a deal whereby she paid $100 per month on the car. She drove the car and made payments for fourteen months after she turned 18. Then, she returned the car to Dings and Dents and told them that she wanted all her money back. Dings and Dents claimed the car was a necessity. Sally and her parents claimed that the parents were ready and willing to provide a car to Sally and that she only purchased the car from Dings and Dents because she liked that particular style and color. When purchases of the dress and car were made, the sellers knew that Sally was under the age of 18. In the dispute between Sally and the owner of Dings and Dents, which of the following is true regarding the defense of Sally and her parents that the car was a necessary?

 

Which of the following is true regarding the obligation of a minor on disaffirmance?

 

Which of the following is a correct statement regarding how Chinese law treats contracts entered into by minors?

 

Because their contracts are _____, minors have the right, until a reasonable time after reaching the age of majority, to _____, or avoid, their contracts.

 

Irresponsible Teen. At age 17, in a state in which the age of majority is 18, Sally purchased a prom dress from Formal Stuff. She wore it to the prom and then attempted to return it to the store claiming that she was a minor and that she was entitled to a refund. The dress had clearly been worn and had a purple stain that Sally claimed was from grape juice. Additionally, a few days before she turned 18, Sally purchased a used car from Dings and Dents used cars. She had a deal whereby she paid $100 per month on the car. She drove the car and made payments for fourteen months after she turned 18. Then, she returned the car to Dings and Dents and told them that she wanted all her money back. Dings and Dents claimed the car was a necessity. Sally and her parents claimed that the parents were ready and willing to provide a car to Sally and that she only purchased the car from Dings and Dents because she liked that particular style and color. When purchases of the dress and car were made, the sellers knew that Sally was under the age of 18. In the dispute between Sally and the owner of Dings and Dents, which of the following is true regarding any claim that Sally affirmed the contract?

 

Guardians may be appointed for which of the following individuals?

 

Bob is hired to do computer sales for an electronics store. He agrees that if he leaves his employment, he will not work for another computer store within twenty-five miles for a period of two years. This type of agreement is called a(n) _____.

 

Which of the following are the two main purposes of professional licensing statutes?

 

Which of the following is true regarding an agreement to commit a crime or a tort?

 

When contracts are against generally accepted public policy, these agreements are deemed _____.

 

How many states regulate professional licenses?

 

If a licensing statute is intended to protect the public's health, safety, and welfare, an agreement with an unlicensed professional is typically deemed _____.

 

Beauty Shop Woes. When Janice went to work as a hair stylist in Rick's beauty shop, she entered into an agreement with Rick whereby if she left, she would not work for another beauty shop within 50 miles for 2 years. Rick trained Janice in several new techniques. After nine months, Janice was offered a great job down the street at a new beauty shop, quit Rick, and had a number of customers follow her down the street to her new job. Rick claimed that she had signed a contract and had no right to go to work at the new shop. Janice disagreed and told Rick that no judge in the country would enforce such an agreement. Janice told Rick that she was more worried about a customer, Treena, who was threatening to sue her because her hair turned green after Janice worked on it. Janice agreed that Treena's hair was damaged. Janice pointed out, however, that she told Treena that odd results could result from a dye attempt, and she required that Treena sign a contract releasing Janice from all liability before she did anything with Treena's hair. Treena, however, sued anyway. What type of clause did Janice have Treena sign to the effect that she would not hold Janice liable for any bad results?

 

Cheap Motorcycle. Tony, a hateful, disgruntled business law professor, notices that Peter, a student who is past the age of majority, has bought a new motorcycle. Peter has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Tony tells Peter that he would like to see Peter pass, and in the next sentence, Tony says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Peter asks if Tony is serious about the price, and Tony replies, "I have the power here!" Tony proceeds to draw up a contract for the sale of the motorcycle for $100 with lots of fine print by which he can sue Peter and recover any maintenance costs for the next five years. Seeing that he is at an advantage, Tony also throws into the deal that Peter will mow Tony's one-acre yard for $5 all summer long. After Tony tells Peter to either take the contract or leave it, Tony reluctantly signs. Which of the following is an appropriate term for the contract drawn up by Tony?

 

A(n) _____ contract is a contract created by a party to an agreement that is presented to the other party on a take-it-or-leave-it basis.

 

A statement releasing one of the parties to an agreement from all liability, regardless of who is at fault or what the injury suffered is, would be referred to as a(n) _____.

 

A(n) _____ contract is one requiring complete performance by both parties, even if it appears as if the contract contains multiple parts.

 

Major obstacles to genuine assent include all but which of the following?

 

Which of the following is necessary in order to establish that a mutual mistake involving a basic assumption about the subject matter of a contract was made?

 

A(n) _____ is an erroneous belief about the facts of a contract at the time the contract is concluded.

 

Pet Pig Farm. Marcy wanted to buy Lucy's land and use it to breed small pigs to be kept as pets. Marcy told Lucy that having water on the property was very important. Lucy assured her that a spring ran through one corner of the property. Therefore, Marcy agreed to buy the farm. Although she did not ask Lucy anything about it, Marcy, who loved pigs, assumed that the neighbors would be pleased with the pigs being in the area. In a separate contract, Lucy also agreed to sell Marcy a used truck for $5,000. After the contract for the land sale was entered into, it was discovered that actually the spring did not run through the corner of Lucy's property. The area in which the spring ran actually belonged to a neighbor. Additionally, when Lucy brought Marcy the used truck, Marcy said, "That's not the truck!" It was discovered that Lucy, who had two trucks, thought that Marcy had bought the older truck when Marcy thought she had purchased the newer truck. Marcy was also surprised when she received a petition signed by all surrounding landowners objecting to the presence of the pigs and threatening to sue Marcy for nuisance. Which of the following is the most likely result in the dispute between Marcy and Lucy regarding which used truck was sold assuming that both Marcy and Lucy were each innocently mistaken and did not intend to defraud the other?

 

Maurice offered to sell his used computer to Mike for $300, and Mike accepted. Both Maurice and Mike believed that the computer was one year old. When the receipt was found, however, it was discovered that the computer was actually 18 months old. Mike wants out of the agreement based on mutual mistake. Which of the following is Maurice's best position in an attempt to enforce the contract?

 

An error on the part of both parties to an agreement is a _____ mistake.

 

The Peerless ship case referenced in the textbook is a classic example of a _____ mistake.

 

A person who makes a misrepresentation but has no knowledge about the falsity of the statement does not have _____.

 

Which of the following is/are available to a party who was misled by a false statement contained in an innocent misrepresentation?

 

Bruce runs back the odometer on his car to make it appear as if it had fewer miles. Wally buys the car. When he checks back through past sale reports through his state's title office, Wally discovers that the car had fewer miles when Bruce sold it to him than it had when a previous owner sold it to Bruce. In legal terms, in selling the car knowing that he had tampered with the odometer, Bruce is said to have had _____.

 

As discussed in the textbook, which of the following is true in China when an outsider allegedly commits or actually commits fraud in the course of business dealings with Chinese firms?

 

Which of the following involve(s) the active hiding of the truth about a material fact?

 

A false statement about a fact material to an agreement that the person making the statement believed to be true is considered a(n) _____.

 

Any fraud on the part of a party to a contract provides a basis for _____.

 

A relationship in which one party has an unusual degree of _____ in the other can trigger concern about undue influence in gaining the assent of the more dependent party.

 

Which of the following occur(s) when a party threatens to file a frivolous civil lawsuit unless another party gives consent to the terms of a contract?

 

Which of the following is/are found when one party was forced into an agreement by the wrongful act of another?

 

When duress is at issue, the _____ needed for legal consent has been removed by the specifics of the threat.

 

Which of the following is needed in order to satisfy the Uniform Commercial Code's requirement for a written document?

 

Within the statute of frauds, "land" encompasses not only the land and soil itself but anything ______ to the land.

 

Which of the following was the result on appeal in the Shelby's, Inc. v. Sierra Bravo, Inc. case referenced in the textbook involving the issue of whether an agreement to deposit debris and soil on land comes within the statute of frauds?

 

Which of the following is a false statement regarding the main-purpose rule as it relates to a promise to pay someone else's debt?

 

_____ are debts incurred in an initial contract.

 

Which of the following is an incorrect statement regarding written contracts?

 

Lake House. Harry has two houses, a house on the lake and a house in town. Rebecca wants to buy the house on the lake. Harry and Rebecca orally agree that Rebecca will buy the house on the lake for $300,000. Harry hurriedly writes out a contract providing that he would sell "his house" to Rebecca for $300,000. Harry signs the top of the document. Rebecca does not sign at all. No merger clause is included in the contract. Harry backs out of the contract, and Rebecca sues him. He tells the judge that the statute of frauds is not satisfied because he did not sign the document at the end and because Rebecca did not sign at all. He also tells the judge that, at any rate, the agreement referred to the house in town, not the house on the lake; and that under the parol evidence rule, he had the right to identify the correct house. Which of the following is true regarding Harry's assertion that the statute of frauds is not satisfied because he did not sign the document at the end?

 

Which of the following is a false statement regarding the parol evidence rule?

 

Painted House. Billy had a contract to paint Jan's house for $800 including the duty to clean up any debris. The contract between Billy and Jan did not contain an anti-assignment clause. Billy, who was very busy, assigned the contract, including the right to payment and the duty to paint, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $800. Billy needed the money to pay some bills, so he spent it. He thought he would have money coming in with which to pay Richard, but that did not happen. Richard asked Jan for $800 when it was not forthcoming from Billy. Jan refused. Richard said that he was going to sue her and Billy. Jan called Billy and told him that he had no right to assign the contract. Another problem involved disposal of debris. Although Richard was a good, competent painter, he forgot and left some old paint cans at Jan's house. Jan demanded that Billy come and properly dispose of the paint cans because they could not simply be put in the trash. Billy refused and told her that she would have to get Richard to dispose of the paint cans because that was his responsibility. What would be the likely result of a lawsuit brought by Richard against Billy to recover the $800?

 

What is the term for the third party who receives an assignment of contract rights?

 

Painted House. Billy had a contract to paint Jan's house for $800 including the duty to clean up any debris. The contract between Billy and Jan did not contain an anti-assignment clause. Billy, who was very busy, assigned the contract, including the right to payment and the duty to paint, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $800. Billy needed the money to pay some bills, so he spent it. He thought he would have money coming in with which to pay Richard, but that did not happen. Richard asked Jan for $800 when it was not forthcoming from Billy. Jan refused. Richard said that he was going to sue her and Billy. Jan called Billy and told him that he had no right to assign the contract. Another problem involved disposal of debris. Although Richard was a good, competent painter, he forgot and left some old paint cans at Jan's house. Jan demanded that Billy come and properly dispose of the paint cans because they could not simply be put in the trash. Billy refused and told her that she would have to get Richard to dispose of the paint cans because that was his responsibility. What would be the likely result of a lawsuit brought by Richard against Jan to recover the $800?

 

Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally representing Trudy's birthday present to Sally. Bob later refuses to do so saying that promises to give gifts are not enforceable. He then moves out of town. Trudy tells both Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty, and that Sally is owed $40 from Bob for her birthday present. Which of the following is the likely result if Sam sues Betty for the $40 that Trudy owes him for the book?

 

Which of the following is a duty that typically cannot be delegated to a third party?

 

Portraits. Belinda, a famous portrait painter, agreed to paint Harry's portrait for $5,000. She also agreed to paint the portraits of Michelle's two Welsh Corgi dogs, Baby and Bree. Michelle agreed to pay Belinda $12,000 for the portraits. Belinda charged Michelle more because the dogs annoyed her. Belinda met the spoiled dogs, and they really got on her nerves. Plus, she was behind on finishing Harry's portrait. Belinda, therefore, proceeded to assign the right to receive the money for the dog portraits and the duty to paint the dog portraits to her assistant, Fred. He eagerly accepted and painted the portraits. As payment for amounts she owed him for various duties, Belinda also assigned to Fred the right to receive payment from Harry. Neither the contract Belinda had with Harry nor the contract she had with Michelle expressly prohibited assignment or delegation of contractual rights and duties. Belinda finished the portrait of Harry and called him to come and pick it up. Meanwhile, a disgruntled secretary who disliked Belinda told both Michelle and Harry about the agreements with Fred. Michelle was furious and refused to pick up the portrait or pay anyone. Harry likewise refused to pay for his portrait claiming that the right to payment could not be assigned. What would be the most likely result if Belinda sues Michelle for the $12,000 payment?

 

Which of the following is an exception to the general rule that rights to a contract cannot be assigned when a contract is personal in nature?

 

At what point are assignments valid?

 

A(n) ______ beneficiary is a third party who benefits from a contract in which a promisor agrees to give a gift to a third party.

 

A(n) ______ beneficiary is a third party who benefits from a contract in which the promisor agrees to pay the promisee's debt.

 

Creaky and Toady. Beverly decides to go on a great trip to Hawaii. She needs someone, however, to take care of her two dogs, Creaky and Toady, while she is gone. Creaky has hives, and Toady passes gas frequently because of a digestive problem. Beverly hires Frank three months in advance, and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks. Frank comes over two months before Beverly is set to leave, takes one look at Creaky and Toady, and declares that they are too creepy to be around. Beverly then hires Alice who agrees to care for Creaky and Toady. Two weeks before Beverly is set to leave, however, Alice calls and tells her that she just broke both her legs in an automobile accident, sustained other injuries, and has been put on bed rest for two months. Finally, Alice hires Betty to care for the dogs and heads off to Hawaii, where she has a great time. Unfortunately, when Beverly returns home, she finds that Betty fell in love with Creaky and Toady and has absconded with them. It was a month before Beverly was able to get a court order requiring their return. Which of the following is true regarding Alice's refusal to keep Creaky and Toady?

 

A(n) _____ breach discharges the nonbreaching party from his obligations under the contract.

 

A contract may be discharged by operation of law through _______________.

 

Which of the following describes conditions explicitly stated in the contract?

 

If a contract does not clearly specify that the satisfaction is to be personal, the ______ standard applies.

 

Contracts containing conditions affecting the performance obligations of the parties are called ______ contracts.

 

_____ occur when each party's performance is conditioned on the performance of the other party.

 

Dream Home. Maurice finds a dream home on the lake. He wants to buy it but is unsure whether he can get a loan. He signs a contract with the seller that he will buy the home if he can get a loan. Maurice also includes a contractual clause in the contract with the seller that if the purchase goes through but he loses his job within one year, the seller will repurchase the house for the same price Maurice paid for it. After getting a loan and buying the home, Maurice decided that he wanted new windows put into the home. He entered into a contract with a window contractor. The window contractor visited the home, but Maurice was always gone. The contractor made several attempts to reach Maurice, but Maurice would not return phone calls and made no attempt to assist the contractor with installation. The responsibility of Maurice to make arrangements to give the window installer access to the home is referred to as which of the following?

 

The discharge by parties of their obligations by doing what they respectively agreed to do under the terms of the contract is called discharge by ______.

 

Which of the following was the result in Thrifty Rent-A-Car System v. South Florida Transport, the case in the textbook where in response to a claim for amounts due on a franchise agreement involving the rental of vehicles, the defendant claimed that hurricanes had rendered its rental car business commercially impracticable?

 

Which of the following is a correct statement regarding complete performance?

 

Creaky and Toady. Beverly decides to go on a great trip to Hawaii. She needs someone, however, to take care of her two dogs, Creaky and Toady, while she is gone. Creaky has hives, and Toady passes gas frequently because of a digestive problem. Beverly hires Frank three months in advance, and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks. Frank comes over two months before Beverly is set to leave, takes one look at Creaky and Toady, and declares that they are too creepy to be around. Beverly then hires Alice who agrees to care for Creaky and Toady. Two weeks before Beverly is set to leave, however, Alice calls and tells her that she just broke both her legs in an automobile accident, sustained other injuries, and has been put on bed rest for two months. Finally, Alice hires Betty to care for the dogs and heads off to Hawaii, where she has a great time. Unfortunately, when Beverly returns home, she finds that Betty fell in love with Creaky and Toady and has absconded with them. It was a month before Beverly was able to get a court order requiring their return. Which of the following is true regarding Frank's refusal to keep Creaky and Toady?

 

When one of the parties to an agreement wants to substitute a different performance for his original duty under the contract, he is seeking a(n) _____.

 

Monetary damages awarded to a plaintiff in a very small amount are _____ damages.

 

Monetary damages are also referred to as ______ damages.

 

If the plaintiff wants a court order requiring the defendant to stop doing something, the plaintiff is seeking a(n) _____.

 

From what country did equitable remedies recognized in the United States originate?

 

The termination of a contract is known as _____.

 

Creaky and Toady. Beverly decides to go on a great trip to Hawaii. She needs someone, however, to take care of her two dogs, Creaky and Toady, while she is gone. Creaky has hives, and Toady passes gas frequently because of a digestive problem. Beverly hires Frank three months in advance, and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks. Frank comes over two months before Beverly is set to leave, takes one look at Creaky and Toady, and declares that they are too creepy to be around. Beverly then hires Alice who agrees to care for Creaky and Toady. Two weeks before Beverly is set to leave, however, Alice calls and tells her that she just broke both her legs in an automobile accident, sustained other injuries, and has been put on bed rest for two months. Finally, Alice hires Betty to care for the dogs and heads off to Hawaii, where she has a great time. Unfortunately, when Beverly returns home, she finds that Betty fell in love with Creaky and Toady and has absconded with them. It was a month before Beverly was able to get a court order requiring their return. Which of the following would be an order from the court requiring that Betty return Creaky and Toady to Beverly?

 

Which of the following is a condition courts require in order to recognize substantial performance?

 

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

 

A party who claims that he or she could not understand contractual terms because of tiny, hard-to-read print on the back of an agreement and the excessive use of legalese is referring to which of the following?

 

A(n) ________ contract is, in effect, not a contract at all.

 

The Miranda rights provide that a law enforcement officer must inform an arrested individual of which of the following before the officer questions the individual?

 

A contract is ________ if one or both of the parties have the ability to either withdraw from the contract or enforce it.

 

An offer of performance by being ready, willing, and able to perform is known as ______.

 

Which clause of the United States Constitution provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land?

 

_____ is the return, to its original owner, of any property transferred under a contract.

 

Which of the following was created specifically to curb white-collar crime?

 

The common law process of _____ allows courts to review legislative and executive actions to determine whether they are constitutional.

 

A(n) ________ contract is commonly defined as a promise in exchange for a promise.

 

If a person wishes to ensure that an offer will in fact be held open for a set period of time, the person may do so by entering into a(n) ________ contract with the offeror.

 

In the absence of a time condition in an offer, the offer will expire ________.

 

A contract may be discharged by operation of law through _______________.

 

Which of the following constitute(s) consideration?

 

Positive abstractions that capture our sense of what is good or desirable are ______.

 

For a promise to be enforced by the courts, there must be ________.

 

The cost-benefit analysis approach to legal change is tied closely to the pursuit of _____.

 

________ contracts arise not from words but from the conduct of the parties.

 

For a mutual mistake to interfere with legal consent, it must involve a _____ effect on the agreement.

 

Which of the following is necessary in order to establish that a mutual mistake involving a basic assumption about the subject matter of a contract was made?

 

Which of the following is a term used to refer to laws that are contained in one convenient location?

 

Which of the following is/are a type of intended beneficiary?

 

At a(n) ______, attorneys examine a witness under oath with a court reporter present.

 

Which of the following is a valid accord and satisfaction?

 

Within the statute of frauds, "land" encompasses not only the land and soil itself but anything ______ to the land.

 

When a contract is voidable, it may be _____ or canceled.

 

If the parties to a contract put a new agreement in place of their original agreement, it is called a(n) _____.

 

When the party making the statement would have known the truth about the fact had he used reasonable care to discover or reveal it, the statement is a(n) _____.

 

If the plaintiff is seeking legal damages which would put him in the same position he would have been in had the contract been fully performed, he is suing for _____ damages.

 

Which of the following occurs when a party gives a loan at an interest rate exceeding the legal maximum?

 

A(n) ______ clause is a clause parties include in a written agreement within the statute of frauds that states that the written agreement accurately reflects the final, complete version of the agreement.

 

If a law prevents individuals from exercising a fundamental right, the law will be subject to _____ scrutiny.

 

In order to disaffirm a contract, a minor must _____.

 

The ______ is the supreme law of the land.

 

When a contracting party refuses to complete the contract before the actual time of performance, it is called a(n) _____.

 

Which of the following refer(s) to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

 

Which of the following occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

 

Which of the following represent(s) a lack of genuine assent?

 

When a plaintiff files a case involving concurrent jurisdiction in state court, the defendant has a right of _____. This right entitles the defendant to transfer the case to federal court.

 

While driving her car down the street, Susan sees a child playing near the road with no adult supervision. Which of the following is most likely a correct statement regarding Susan's duty, if any, to the child?

 

What system does the United States Constitution establish to keep the legislative branch from dominating the other branches of government?

 

A(n) ________ contract is one that contains all the legal elements of a contract.

 

Which of the following are the two primary sources of contract law?

 

Which of the following was passed largely in response to business scandals of the 2000s, such as Enron?

 

According to the _____ defense, a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

 

Which of the following are written contracts intended to be the complete and final representation of the parties' agreement?

 

Which of the following provides that an acceptance is valid when it is placed in the mailbox?

 

Which of the following is a false statement regarding the statute of frauds and an interest in land?

 

After the discovery process, either party can file a motion for _____. This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.

 

What does the protection against "double jeopardy" mean?

 

Which of the following are common classifications of torts?

 

Which of the following are types of due process?

 

Which of the following are recognized exceptions to the statute of frauds?

 

Which of the following is true if a contract is disaffirmed on the basis of intoxication?

 

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

 

The obligation to use reasonable efforts to minimize damage resulting from a breach is referred as the duty to ______ one's damages.

 

Which of the following is a tort?

 

Which of the following occurs when parties agree that they simply wish to discharge each other from their mutual obligations and, therefore, rescind or cancel the contract?

 

Which type of law involves the rights and responsibilities involved in relationships between persons, and between persons and their government?

 

Which of the following is not an intentional tort against economic interests?

 

Once a case is in the proper court system, _____ determines which trial court in the system will hear the case.

 

When is an arbitrator's decision called an "award"?

 

In a bilateral contract, the consideration for each promise is ______.

 

The term _____ refers to the fact that an agreement is so unfair that it is void of conscience.

 

Strict liability is:

 

Which of the following is a correct statement regarding the rights of an intended beneficiary?

 

A false statement about a fact material to an agreement that the person making the statement believed to be true is considered a(n) _____.

 

Courts have defined a pattern of racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act as more than _____ action(s).

 

Which element of a contract requires that the contract not be either illegal or against public policy?

 

Which of the following are elements of causation?

 

________ is the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract.

 

Trial courts are courts of _____ jurisdiction.

 

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

 

A contract that supplies the minor with the basic needs such as food, clothing, and shelter is called _____.

 

Why did equitable remedies come into being?

 

A promise to do something that you are already obligated to do is ________.

 

When a bilateral contract is being formed under the common law, ________ applies to the acceptance.

 

_____ is the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract.

 

Which of the following types of contracts does not fall within the statute of frauds?

 

A(n) _____ contract contains multiple parts that can each be performed separately.

 

The case-or-controversy requirement ensures that courts do not render _____.

 

Which of the following is true regarding the Fourteenth Amendment to the United States Constitution?

 

The burden of proof in a criminal case is:

 

Which of the following is true regarding the tort of fraudulent misrepresentation?

 

In most states, proximate cause is determined by __________.

 

Which of the following is an example of the state's exercise of its police power?

 

The enactment of criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine.

 

A minor may be given full legal capacity to enter into contracts when he or she becomes _____.

 

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

 

What is the effect of a negligent misrepresentation?

 

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

 

Which of the following was created specifically to curb white-collar crime?

 

A _____ is a false representation of a material fact that is consciously false and intended to mislead the other party.

 

Although an intended beneficiary can enforce her rights to a contract, she cannot do so until her rights to the contract _____.

 

Which of the following is an accurate description of the parol evidence rule?

 

Which of the following is a condition required for the imposition of strict liability?

 

Which of the following is not an equitable remedy available for a breach of contract?

 

A(n) _____ occurs whenever a party fails to perform her obligations under the contract.

 

Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that she should sue for defamation, but she has no interest in that. Can you sue on behalf of Yolanda?

 

A defendant uses a(n) ______ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

 

After the discovery process, either party can file a motion for _____. This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.

 

When a plaintiff files a case involving concurrent jurisdiction in state court, the defendant has a right of _____. This right entitles the defendant to transfer the case to federal court.

 

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

 

How many districts are there in the federal court system?

 

The federal court system derives its authority from:

 

Which of the following is an advantage of mediation?

 

Once a case is in the proper court system, _____ determines which trial court in the system will hear the case.

 

Adult siblings John, Sam, and Andy are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia and the land is in Georgia; however, neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?

 

When is an arbitrator's decision called an "award"?

 

Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to trial for $1,000. The lawsuit is now ______.

 

A type of ADR in which lawyers for all parties present their arguments to a neutral third party, who then offers a nonbinding opinion as to what the verdict would be is called:

 

Which of the following is a type of alternative dispute resolution (ADR)?

 

Which of the following is an incorrect statement regarding the United States Supreme Court?

 

In which of the following do parties select a neutral third party and explain their respective positions to the neutral third party, who then evaluates the strengths and weaknesses of the case?

 

Which of the following is required for diversity-of-citizenship?

 

Which of the following is a reason that an arbitration award may be set aside under the Federal Arbitration Act?

 

Which of the following is an extension of negotiation?

 

In order to ensure that a case or controversy exists, the plaintiff must show:

 

A court acquires in personam jurisdiction over the plaintiff when:

 

Which of the following is true regarding state intermediate courts of appeal in state court systems?

 

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve Billy's testimony for trial in case he dies before the trial date. What should Pat do?

 

A private trial is an alternative dispute resolution method often referred to as _____.

 

Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico. He has been making inappropriate sexual comments to her and other employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that if she wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements. Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations. He also tells Jenny in response to her question about the possibility of mediation in her case to forget it because mediation is pretty much the same thing as arbitration. What is the effect of the arbitration agreement on Jenny's ability to file an action in court?

 

If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on __________ law.

 

A commercial firm that seeks to merge with another firm must obey the laws of antitrust. This is an example of:

 

A decision from the New Jersey Supreme Court is not binding on a New York trial court, even if New York has no applicable law on the issue involved.

 

Which of the following administrative agencies is not an independent agency?

 

Paired with the publications of the American Law Institute, what became the source of the Uniform Commercial Code?

 

When courts rely on precedent, they are obeying stare decisis which means:

 

In 2009, Mississippi Valley Silica Company was ordered to pay a plaintiff $9 million because the court ruled that it sold sand to the plaintiff's employer with the knowledge that using the sand on a regular basis would expose a worker to a form of cancer, and Mississippi Valley did not alert those who bought the sand about the risk. The $9 million recovery is an example of a __________.

 

The state of Minnesota's legislature implemented a new law governing how much salt and sand could be distributed on the roadways when the weather turned icy. This action by the legislature is known as __________.

 

Restatements of law can best be described as _________

 

When the United States president negotiates a treaty as part of his or her executive duties, how many U.S. senators does it take to ratify the treaty to make it binding?

 

International Expansion. Zach wants to expand his coffee business internationally - into Zeno, a small remote country in Africa. His best friend Zora asks him if he plans to hire legal counsel for the expansion. Zach replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices. So long as I'm legal here, I'm legal anywhere. Besides, I studied up on Zeno law ten years ago, and I know it all." Zach proceeds and lands in jail in the remote country of Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zeno's mandated 12 weeks of vacation per year.

 

Which of the following is true regarding Zach's legal problems in Zeno?

 

Terrance is looking to find the law that Georgia passed in regard to mud flaps required on 18-wheel semi-trucks. Where would he look to find the law?

 

If Lamar decides that it is okay to cheat on his taxes, and he believes that it is okay for everyone to cheat on their taxes, which ethical test does he believe in?

 

What does the so called public disclosure or "television test" mean in regard to ethical considerations?

 

The "Who" in the WH process of ethical decision making means what?

 

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Connie, however, decides to go forward with her plan to clean things up because she wants to treat others in the same manner that she wants to be treated. Connie's approach is best referred to as the __________.

 

The social responsibility of business consists of the expectations __________ impose(s) on firms.

 

Which of the following is true regarding the speed and cost of alternative dispute resolution (ADR)?

 

What tells the defendant that if he or she does not respond to the lawsuit within a certain time period that the plaintiff will receive a default judgment?

 

Toledan witnesses an accident involving Yema and Norland. Yema chooses not to sue Norland, but Toledan does not want Norland to get away with his negligent actions, so he sues Norland. If the court dismisses the case, on what grounds would they do so?

 

Suppose a plaintiff alleges that a North Carolina campaign-financing law violates his First Amendment (to the United States Constitution) free speech rights. This case _____, and it falls under _____ jurisdiction.

 

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve Billy's testimony for trial in case he dies before the trial date. What should Pat do?

 

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance, claiming that the neighbor plays music too late at night. Candy puts Ann on the stand and asks her questions. Candy is involved in which of the following?

 

What is the procedure by which the plaintiff presents the defendant with a copy of the complaint and summons indicating the defendant is being sued?

 

What type of jurisdiction do trial courts have?

 

When a case involving diversity of citizenship is tried in federal court, there are two specific jurisdictional requirements that must be met. What are the conditions?

 

Penelope is being sued by her old employer over a breach of contract. The plaintiff sends Penelope a list of written questions that she is to answer under oath. These are known as _____.

 

Morrey and Veronica get into an accident. Both sides have worked to settle their claims but are unable to do so. The case is __________ because the judge would be able to make a decision which would affect the parties.

 

The defendant responds to a complaint with a document formally known as a reply.

 

Which defense is used when the defendant admits the facts are accurate but there are additional facts that the defendant can point to that provide justifiable actions by the defendant?

 

What is a summary jury trial?

 

If a corporation is being sued by an individual, where is the corporation's residence considered to be?

 

Revenge. Jane, a first-year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first-year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Jane's action against Greg for the tire is called a(n) _____.

 

Subject-matter jurisdiction is also known as "in rem" jurisdiction.

 

A federal district court established a "sliding-scale" standard for determining whether a business with Internet connections satisfies the minimum-contacts standard.

 

To minimize extra costs associated with future litigation, many businesses will include in their contracts __________.

 

Most states have a statute that allows for its court system to serve an out-of-state defendant if certain minimum contact requirements are met. What is the name of this statute?

 

Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following addresses the proper county?

 

What is the term used for an arbitrator's final decision?

 

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

 

Once a case is in the proper court system, application of the res ipsa loquitur doctrine determines which trial court in the system will hear the case.

 

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

 

Which constitutional amendment protects citizens from unreasonable searches and seizures and requires a finding of probable cause to issue a warrant?

 

Geraldo has been acquitted in an embezzlement case brought against him by the federal government. Federal prosecutors would like to try Geraldo again for the same crime. What constitutional protection, if any, does Geraldo have?

 

Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.

 

Which of the following refer(s) to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

 

What does the Establishment Clause of the First Amendment to the United States Constitution provide?

 

Which of the following is true regarding the protection of "fighting words" under the First Amendment to the United States Constitution?

 

_____ cannot deprive individuals of the freedoms protected by the Bill of Rights.

 

Belemey was on trial for conspiracy to commit murder. Belemey chose not to testify against himself for fear of self-incrimination. Which amendment protects Belemey's right not to have to testify in court?

 

Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer is concerned that the judge has not granted Sam a hearing. Which of the following is a constitutional right that the judge has violated?

 

Which constitutional amendment extends most of the provisions in the Bill of Rights to the states, prohibiting state interference in citizens' exercise of their rights?

 

Which constitutional amendment protects freedom of religion?

 

Under the _____ exception to the search warrant requirement, if an industry has a long history of pervasive regulation, a warrantless search is not unreasonable.

 

According to the United States Constitution, the authority to govern is divided between federal and state governments. This is known as _____.

 

The United States Congress implements a new law indicating that in order to vote, a person must be a citizen of the United States for more than 10 years and must have a valid driver's license for the past 5 years. What is the best way for a citizen to bring a constitutional challenge against this new law?

 

When can government agents obtain a search warrant?

 

Which amendment to the United States Constitution guarantees citizens both procedural due process and substantive due process?

 

Which constitutional amendment protects against double jeopardy?

 

Elizabeth owns a home and farmland in the middle of Boxer County, Iowa. The government determines that Elizabeth's farmland is a prime spot for a new interchange for the national highway system. The government can take Elizabeth's property as long as there is just compensation under which of the following clauses?

 

____________________________________ occurs when a jury finds a defendant not guilty because while they believe that the defendant technically committed they do not believe that justice would be served by a verdict of guilty.

 

Sam filed a lawsuit against Hilda, seeking damage based on her hitting him while making a pizza delivery. Hilda believes that she should not have sole liability, but rather the liability should be shared by Panda's Pizza company, for whom she was making the delivery. If Sam does not want to sue the pizza company, does Hilda have any options?

 

When a court decides that a matter in a civil case has been finally resolved, the matter is said to be ____________ ____________ and cannot be litigated again

 

Bill files suit against Hannah in a court of common pleas. The case is one that falls under concurrent jurisdiction. How can Hannah get the case heard in a federal district court instead of the court of common pleas?

 

Which of the following are differences between criminal law and civil law?

 

A jury that has the same demographic make-up as the jury deciding the case that sits in the courtroom during the trial and advises one of the parties as to how they are doing at the end of each day of the trial is called a

 

Heidi decided to make extra money by offering to make securities investments for clients for a fee. She actually made no investments but used the funds from new clients to pay off existing clients. This worked well for a while, but her scheme came to light when her supply of new clients came to an end. Heidi is guilty of which of the following practices?

 

Valore is charged with embezzlement. Which of the following allows Valore to enter a plea that would not contest the charge, but not admit to guilt?

 

Divorce Fallout. Following a messy divorce, Dr. Fred has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. By mailing correspondence to patients encouraging purchase of the band, which of the following offenses, if any, did Dr. Fred commit?

 

Courts have defined a pattern of racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act as more than _____ action(s).

 

Ben, a bank teller, receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben keeps the money for himself. Which of the following offenses has Ben committed?

 

Criminal proceedings generally begin when an individual is _____.

 

The burden of proof in a civil case is much higher than the burden of proof in a criminal case.

 

Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. The police also searched the convenience store and found evidence of illegal drugs for which Barry was arrested. When Barry complained about the search, the officer in charge told him that because the state police were involved, federal constitutional rights were waived. Barry is trying to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if the officers explained his rights to him; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's claim that he was engaged in a justifiable use of force?

 

Cosmetic Profits. Sally is the executive vice president of Big Name Cosmetics Company. Through important and material, nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase?

 

A corporate executive cannot be held criminally liable if he or she did not know about the company's criminal violation.

 

Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims

 

What statutes prescribe that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

 

When a(n) _____ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

 

Which of the following is correct regarding the intent needed for an intentional tort?

 

Which of the following is true regarding the comparative negligence doctrine?

 

Torts are generally classified as _____.

 

While driving her car down the street, Susan sees a child playing near the road with no adult supervision. Which of the following is most likely correct regarding Susan's duty, if any, to the child?

 

Which of the following represents the legal determination that the defendant's breach of duty resulted directly in the plaintiff's injury?

 

The primary objective of tort law is to provide compensation for injured parties.

 

While crossing the street, Bobby does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Steve sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Steve does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

 

Cause in fact is also known as _____ cause.

 

Assume Bob is driving and suddenly has an unexpected heart attack, causing him to run over a student crossing the street and breaking the student's leg. Which of the following is correct regarding Bob's liability to the student?

 

Hulio hits and injures Barbara when he accidently hits tennis balls over the fence while trying to impress his girlfriend. Barbara requires stitches from the ball hitting her above the eye. A week later, the stitches get infected. Will Hulio have to pay for the infected stitches?

 

Juliana is sitting at her desk when Roberto approaches her, screaming at her and raising his fist as if to hit her. Which, if any, tort could this be classified as?

 

States laws may have slightly different definitions of each tort.

 

What is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer?

 

What describes land and everything permanently attached to it?

 

Under _____, a trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.

 

To properly register a trademark with the United States Patent and Trademark Office, one must _____.

 

HealthCare Forum, Inc. has its logo trademarked. When must the trademark registration be renewed?

 

Patents and trademarks are considered what type of property?

 

Assuming it was initially registered with the United States Patent and Trademark Office after 1990, how often must a trademark be renewed after its initial renewal?

 

What do the laws of intellectual property primarily protect?

 

Which of the following must be satisfied in order for a patent, other than a design patent, to be granted?

 

Patents and trademarks are considered what type of property?

 

Property that the original owner has discarded is _____ property.

 

Which of the following was not a factor the court considered in the Toys "R" Us, Inc. v. Canarsie Kidde Shop, Inc. case in determining whether "Kids 'r' Us" infringed on the "Toys 'R' Us" mark?

 

Which of the following is correct regarding trade dress?

 

The fair-use doctrine gives teachers unlimited protection from copyright liability, provided that they use copyrighted work exclusively for educational purposes.

 

When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for _____ years from the date of application.

 

As a general rule, when is revocation of an offer effective?

 

Which of the following is not a way that an offer can be terminated?

 

Which of the following is not a required element for contract formation?

 

Bargained-for exchange is the definition of _____.

 

The legal ability to enter into a binding agreement is known as _____.

 

A(n) _____ contract is one that contains all the legal elements of a contract.

 

Helen finds a piece of land that she is interested in purchasing. She asks Robert, the landowner, to hold the land for her while she makes a decision. Robert says that for $1,000, he will hold the land for her while she decides, and Helen agrees. This is an example of a(n) _____.

 

Which of the following modifies the mirror-image rule?

 

Which of the following is the source to consult in order to understand how the various member states of the European Union regulate contracts?

 

Which rule says that the terms of the acceptance must be identical to the terms of the offer?

 

Darla posts notices in her neighborhood promising to pay $1,000 for the return of her missing Snowshoe Siamese cat. Two days later, Noelle finds the missing cat and returns it to Darla. What type of contract is this?

 

Refusal to Pay. Business law professor Debby needed some yard work done. She told her class that she would give $50 to the first person who mowed her yard. She also entered into an agreement with Brenda to trim some shrubbery for $40. Max went to mow Debby's yard. Unfortunately, just as he finished mowing, a neighborhood dog bit him and he had to go to the emergency room for a couple of stitches. Debby refused to pay Max on the basis that the agreement was not in writing and that Max ended up being more trouble than he was worth. Max refused to pay the emergency room because he said that they did not have a binding, bilateral contract. Brenda refused to trim the shrubbery because she got a better offer and claimed that she was not bound by the contract until she started to perform. Which of the following is correct regarding Brenda's statement that she was not bound on any contract?

 

The _____ terms of an offer and a resulting contract are those terms that would allow a court to determine what the damages would be in the event that one of the parties breaches the contract.

 

Jacquelyn accepts Monique's offer to sell her a used car for $2,000. At what point is there a binding contract between the two parties?

 

In 1952, the United States Congress enacted as federal law the Uniform Commercial Code (UCC).

 

A promise to do something that you are already obligated to do is _____.

 

Suppose that Dakiyah promises to pay Fernando $450 for his television. Fernando promises to sell Dakiyah his television for $450. The parties have not documented the transaction in writing. Which of the following is true regarding this arrangement?

 

A general rule in contract law is that for a promise to be enforce by a court, there must be _____.

 

For a court to enforce a promise, _____.

 

Joy is a customer service representative. Joy's supervisor Tom tells Joy that because she was so good at "diffusing" a customer relations issue last month, he will pay her a $500 bonus. Is Tom's promise enforceable?

 

Tom's Stop-N-Shop Grocery, Inc. tells Kelly that if she would supply five shipments of oranges by Friday, the company will consider making Kelly its sole orange supplier. This is an example of _____.

 

When analyzing a potential breach of contract situation, what is the first question you ask?

 

Under the common law, a valid offer must include all the material terms for the contract, whereas under the UCC, the only terms you need are subject matter and quantity.

 

Under the common law, the mirror image rule requires the terms of the acceptance to perfectly match the terms of the offer, whereas under the UCC, the acceptance can contain additional immaterial terms as long as the offeror does not object within 10 days.

 

Which is a n important between bringing a lawsuit for trademark infringement and trademark dilution?

 

An item that starts as a piece of personal property and then is permanently attached to a piece of real property

 

The term "checks and balances" means that _____.

 

The United States Congress passed a law that the president does not support. The president can use his or her _____ power to overrule the law passed.

 

_______________ is a restriction on states' authority that is implied in the commerce clause of the U.S. Constitution, prohibiting a state from passing legislation that improperly burdens interstate commerce.

 

New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

 

Which clause of the United States Constitution provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land?

 

The doctrine of _____ allows that if the state and federal government have concurrent authority, the federal government has the right to regulate in that area exclusively.

 

Carlos is a resident of Oklahoma. He chooses to attend Kennesaw State University in Georgia. Carlos can be charged out-of-state tuition because he has not paid taxes in Georgia based on what clause of the United States Constitution?

 

Aletha was able to obtain a civil court judgment against Marion in Aletha's home state of Nevada. Marion lives in Illinois. What clause would allow Aletha to have her civil court judgment from Nevada upheld in Illinois?

 

What type of speech does the First Amendment to the United States Constitution NOT protect?

 

Which constitutional amendment protects freedom of religion?

 

What does the Establishment Clause of the First Amendment to the United States Constitution provide?

 

Suppose the New Jersey state legislature institutes a law that mothers of children in elementary school, but not fathers, are entitled to seven days off each year in order to attend school events. Several fathers bring a lawsuit challenging the law on equal protection grounds. Which level of scrutiny will the court apply to the law?

 

Ben, a bank teller, receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben keeps the money for himself. Which of the following offenses has Ben committed?

 

A person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money is known as a(n) _____.

 

Which of the following is true regarding the personal liability of corporate executives for a business crime?

 

The Miranda rights provide that a law enforcement officer must inform an arrested individual of which of the following before the officer questions the individual?

 

Simone, a police officer, is called to the scene of an accident. Simone witnesses one of the people in the accident trying to stuff a white powdery substance down his pants. When Simone approaches the individual, the individual flees. Simone catches the person and places him under arrest. This arrest will be upheld because Simone had _____ to arrest the individual.

 

Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has be committed?

 

A judge reports that a jury was "hung". What does the judge mean?

 

Heidi decided to make extra money by offering to make securities investments for clients for a fee. She actually made no investments but used the funds from new clients to pay off existing clients. This worked well for a while, but her scheme came to light when her supply of new clients came to an end. Heidi is guilty of which of the following practices?

 

A _____ is a hacker whose intention is the exploitation of a target computer or network of computers to create a serious impact, such as the crippling of a communications network.

 

Aaron, a new police officer, was criticized by his supervisor for failing to make a sufficient number of arrests. Aaron went into a section of town known for criminal activity, picked up several suspicious looking individuals, read them the Miranda rights, and arrested them hoping that they would confess to something. Alice, one of the detainees, was scared; and hoping to cut a deal, immediately confessed to burglarizing a local pawnshop. Which of the following is Alice's best defense at trial?

 

_________ is a plea in which the defendant does not admit guilt, but agrees not to contest the charges against them.

 

In a criminal proceeding, who brings a criminal case against the defendant?

 

If Tabitha commits a crime that is punishable by less than one year of imprisonment, this is known as a(n) _____.

 

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?

 

Which torts are the most willful?

 

If the defendant is careless and causes someone else to suffer harm, this type of tort is known as _____.

 

Juliana is sitting at her desk when Roberto runs up to her, screaming at her and raising his fist as if to hit her. Juliana feels frightened. Which, if any, tort could this be classified as?

 

In assessing the tort of defamation, the courts must seek a balance between the right to protect one's reputation with the rights afforded under:

 

Which is NOT an example of slander?

 

An amateur race car driver left her race car at an auto body shop for repairs. While the car was at the shop, an employee with a known drinking problem drove the car, wrecked and destroyed it. What tort claim will support the car owner in suing for the destruction of her car?

 

Anna is playing frisbee with her new puppy. Trying to see how far she can throw, Anna throws the frisbee into her neighbor's yard. Anna's neighbor has told her on several occasions not to come onto his property. What type of tort, if any, has she committed?

 

Which type of tort protects an individual's right to keep certain things out of public view even if they are true?

 

An individual will face strict liability for their action when that action _______________.

 

Assume Bob is driving and suddenly has an unexpected heart attack, causing him to run over a student crossing the street and breaking the student's leg. Which of the following is correct regarding Bob's liability to the student?

 

The violation of a duty of care is called _____.

 

Which of the following are elements of causation?

 

Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, so they decided to "check out" Sam. They immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer is not sure if the police acted legally in Sam's case by breaking down the door. Which of the following is true on that issue?

 

Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, so they decided to "check out" Sam. They immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?

 

Any state or local law that directly conflicts with the U.S. Constitution, federal laws, or treaties is __________.

 

If the federal and state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law __________.

 

Which constitutional clause restricts the states' authority to pass laws that substantially affect business between states?

 

Which constitutional clause prohibits states from discriminating against citizens of other states when nonresidents engage in ordinary and essential activities?

 

The full faith and credit clause requires that every state court __________ contracts and public acts established in other states.

 

What does the establishment clause protect?

 

The Fourth Amendment protects citizens from which of the following?

 

Which of the following is not generally included in the rights protected in the Constitution under substantive due process?

 

Judicial review allows the courts to review the constitutionality of:

 

The U.S. Constitution establishes a system of government based upon the principles of __________.

 

If Congress passes a bill, the president signs it, but then the courts strike the law down as unconstitutional, it is a good example of:

 

If a corporation supports a political candidate or referenda, the corporation is protected under __________ speech.

 

Under the U.S. Constitution, which of the following statements is untrue?

 

To determine whether Congress intended to provide exclusive regulation in a certain area, what will courts look to?

 

The United States Congress enacted, and the president signed, a new law. Later, the U.S. Supreme Court determined that the new law was unconstitutional. The constitutional system of _____ allows for each branch of government to keep a check over each other branch of government.

 

Suppose Washington state passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best constitutional argument for the out-of-state growers who wish to challenge the new law?

 

If the state proposed a law banning students from wearing cross jewelry to class, students could challenge the law as banning which provision from the Bill of Rights?

 

If Jones is acquitted of robbing a market and a month later a new witness comes forward and says that he saw Jones rob the market, Jones cannot be tried again for the robbery because of which amendment?

 

Which of the following refers to the residual power left to the states once the Commerce Clause is accepted as granting the federal government power over interstate commerce?

 

Bill owns a corporation situated on a large plot of land at the edge of a historical national park. The government recently appropriated the corporation's land to improve to build a community center that the public has been requesting for a long time. Under what clause is Bill owed just compensation?

 

______ is a system of government according to which the authority to govern is divided between federal and state governments.

 

Suppose the U.S. Congress enacts a legislation, the president vetoes the law, and then Congress overturns the presidential veto with a two-thirds vote of the members of Congress. This is an example of the ______ system established by the U.S. Constitution.

 

What principle allows courts to review lower court's decisions?

 

The supremacy clause is located in Article VI of the _____.