BLAW 1 Midterm
A plaintiff is a person against whom a lawsuit is brought.
F
In Heart of Atlanta Motel v. United States, the United States Supreme Court held that the power of Congress to regulate interstate commerce did not permit the enactment of legislation that could halt local discriminatory practices.
F
A court's direction to a party to do or to refrain from doing a particular act is called a rescission.
F 1
Courts do not depart from precedents.
F 1
Criminal law focuses on duties that exist between persons.
F 1
State agency regulations take precedence over conflicting federal agency regulations.
F 1
The First Amendment protects commercial speech as extensively as non-commercial speech.
F 1
The Uniform Commercial Code has not been adopted by any state.
F 1
Under the Commerce Clause, a state may charge a higher tax on out-of-state products shipped to in-state locations.
F 1
A state court can not exercise jurisdiction over all of the property located within the boundaries of the state.
F 2
After a decision has been rendered in a case, neither party can file an appeal.
F 2
An arbitrator can never render a legally binding decision.
F 2
Doing substantial business in a jurisdiction exclusively over the Internet is not enough to support jurisdiction over an out-of-state defendant.
F 2
Federal Courts are superior to state courts.
F 2
Generally, a state court cannot exercise jurisdiction over a non-resident if he or she had minimum contacts with the state,
F 2
Mediation is adversarial in nature.
F 2
Most states do not enforce arbitration clauses.
F 2
No court requires mediation before a case goes to trial.
F 2
State courts are superior to federal courts.
F 2
The United States Supreme Court has appellate authority over all cases decided in the state courts.
F 2
The federal equivalent of a state trial court is a U.S. court of appeals.
F 2
A contract can only be created when a promise is given in exchange for another promise.
F 3
A promisee is a person who makes a promise.
F 3
A quasi contract arises from a mutual agreement between two or more parties.
F 3
All promises are legal contracts.
F 3
An offer to form a unilateral contract is accepted by a promise to perform.
F 3
An offeree is a person who makes an offer.
F 3
Offers may not be revoked before they are accepted.
F 3
Three elements - agreement, consideration, and contractual capacity are sufficient to form a binding contract.
F 3
Under the doctrine of unjust enrichment, persons are allowed to enrich themselves inequitably at the expense of others.
F 3
An offer does not need to be communicated to the offeree to be effective.
F 4
An offer is terminated by operation of law only if the specific subject matter of the offer has been destroyed.
F 4
An offeror has the power to revoke an option contract at any time.
F 4
In Lucy v. Zehmer, the Supreme Court of Appeals of Virginia held that any agreement can be avoided on the basis of intoxication.
F 4
Intent to contrct is determined by the offerors subjective intentions, beliefs, or assumptions.
F 4
It is generally acceptable for a third person to substitute for the offeree and accept an offer.
F 4
Online acceptances are invalid.
F 4
Rejection of an offer by the offeree will not terminate an offer.
F 4
A contract that exculpates one party for negligence or other wrongdoing will not usually be viewed as unconscionable.
F 5
A minor can disaffirm a contract only after reaching the age of majority.
F 5
A minor who affirmatively misrepresents himself or herself to be an adult will not be able to disaffirm a contract in most states.
F 5
A minor's right to disaffirm a contract terminates automatically when the person reaches the age of majority.
F 5
An adult may disaffirm a contract entered into with a minor.
F 5
Clothing is not something that the courts have been willing to define as "necessary."
F 5
Covenants not to compete are always struck down because they are unreasonable restraints of trade.
F 5
Parents are ordinarily liable for the contracts made by their minor children, whether or not the children acted on their own.
F 5
Unforeseen difficulties that justify a demand for additional compensation include risks ordinarily assumed in business.
F 5
A contract is always enforceable even if one party to it knows or should know that the other party made a mistake of fact.
F 6
A contract that can, by its own terms, possibly be performed within a year must be evidenced by a writing to be enforceable.
F 6
A contract will be enforced by the courts, even if it is oral when it is required to be in writing.
F 6
A false statement by an expert to a naive buyer about a technical detail will not usually entitle the buyer to rescind or reform a contract.
F 6
A party who engages in a transaction on the basis of a statement by the other party that the subject matter of the deal will double in value within a year can successfully sue the other party for fraud if the subject matter does not double in value.
F 6
A statement of opinion is generally subject to a claim of fraud.
F 6
A unilateral mistake always affords the mistaken party a right to relief from the contract.
F 6
An act of concealment, without an affirmative misrepresentation, will not be sufficient to give rise to an action for fraud.
F 6
Economic need is always sufficient to constitute duress.
F 6
Mistakes in judgment as to value or quality will permit one to avoid a contract.
F 6
The parol evidence rule permits the introduction at trial of evidence of the parties' prior negotiations, prior agreements, or contemporaneous oral agreements that contradicts or varies the terms of the written contract.
F 6
There are no exceptions to the Statute of Frauds.
F 6
Statutory law includes only state statutes.
False (1)
To determine whether a law is constitutional, a court will only look to its source.
False (Unit 1)
Any lawsuit involving a federal question can originate in federal court.
T
A court may depart from a precedent if the court decides that the precedent should no longer be followed.
T 1
Judges apply common law rules when deciding cases.
T 1
Stare decisis is doctrine obligating judges to follow precedents established within their jurisdiction.
T 1
The Bill of Rights protects individuals against various types of interference by the federal government.
T 1
The common law governs all areas not covered by statutory or administrative law.
T 1
Theoretically, Congress may regulate any activity that substantially affects interstate commerce.
T 1
A long arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants.
T 2
An answer can deny the allegations made in a complaint.
T 2
Generally, a state court can exercise jurisdiction over anyone within the boundaries of the state.
T 2
Most lawsuits are settled or dismissed before they go to trial.
T 2
The courts act as a check on the other branches of government. Correct!
T 2
The jurisdiction of state courts of appeals is substantially limited to hearing appeals.
T 2
To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.
T 2
A contract is an agreement that can be enforced in court.
T 3
A contract is formed when two parties promise to perform an act in the future.
T 3
A contract is void if a court adjudged one of the parties to be mentally incompetent when the contract was formed.
T 3
A voidable contract is a valid contract that can be avoided at the option of at least one of the parties to it.
T 3
An agreement includes an offer and an acceptance.
T 3
An offer to form a bilateral contract is accepted by a promise to perform.
T 3
An otherwise valid contract may be unenforceable if it is not in writing.
T 3
Contract law assures the parties to private agreements that the promises they make will be enforceable.
T 3
In an implied-in-fact contract, the parties conduct creates and defines the terms of their contract.
T 3
In some circumstances, a party may be required to perform an act promised in a contract.
T 3
Under the objective theory of contracts, the intention to enter into a contract is judged by outward, objective facts as interpreted by a reasonable person.
T 3
A counteroffer terminates an offer.
T 4
A person who does not know about a reward cannot claim it.
T 4
An advertisement is generally an invitation to negotiate.
T 4
An agreement is usually evidenced by an offer and an acceptance.
T 4
An offer must contain reasonably definite terms to be enforced.
T 4
In most states, revocation is effective when the offeree receives it.
T 4
It is possible for an offeree to accept an offer silently.
T 4
The mirror image rule requires an acceptance to adhere exactly to an offer to create a contract.
T 4
To exercise the power of acceptance, an offeree must accept unequivocally.
T 4
Typing your name after an e-mail will be deemed a valid signature so long as an intent to sign the record exists.
T 4
Under the mailbox rule, an acceptance can be valid as soon as it is sent.
T 4
A blue law is a state statute that prohibits the formation or performance of certain contracts on Sunday.
T 5
A contract that calls for the performance of an illegal act is not enforceable.
T 5
A contract that can be cancelled at any time for any reason is said to be illusory and lacks consideration.
T 5
A covenant not to compete is enforceable only if it is reasonable in duration and geographic area.
T 5
A minor normally is permitted to disaffirm a contract for the purchase of necessaries but remains liable for the reasonable value of the goods.
T 5
A person who enters into a contract when he or she is intoxicated can void the contract if he or she did not comprehend the legal consequences.
T 5
A promise to do what one already has a legal duty to do is not consideration.
T 5
An exculpatory clause on a ticket to a ride in an amusement park is enforceable
T 5
Consideration of the value given in return for a promise.
T 5
If the underlying purpose of a licensing statute is to raise revenues, a contract with an unlicensed professional may be enforceable.
T 5
Inadequate consideration may indicate fraud, duress, or undue influence.
T 5
Only a legal guardian can enter into legally binding contracts on behalf of a person adjudged mentally incompetent by a court.
T 5
Parents are required by law to provide necessaries for their minor children.
T 5
Some states impose a duty on a minor who disaffirms a contract to restore the adult party to the position that he or she held before the contract was made.
T 5
When one of the parties to a contract has no knowledge or any reason to know that the contract is illegal, a court may allow the party to recover benefits conferred in a partially executed contract.
T 5
A contract entered into under undue influence lacks genuine assent and is therefore voidable.
T 6
Duress is both a defense to the enforcement of a contract and a ground for rescission of a contract.
T 6
If a transaction is tainted by fraud, the innocent party may enforce the contract and seek damages for any injuries resulting from the fraud.
T 6
The Statute of Frauds is intended to ensure that for certain types of contracts, there is reliable evidence of the contracts and their terms.
T 6
To serve as a basis for an action for fraud, misleading statements must be consciously false and have been made with the intent of misleading another person.
T 6
Undue influence will typically arise in situations in which there is some sort of family or fiduciary relationship between the parties.
T 6
When an obvious clerical error exists in a written contract, the contract may not be enforceable.
T 6
When both parties are mistaken as to the same material fact, the contract can be rescinded by either party.
T 6
The law establishes rights, duties, and privileges that are consistent with the values of society.
TRUE (Unit 1)
Each state has its own Constitution
True (Unit1)
Federal statutes apply to all states.
True (Unit1)
An expression of opinion is not a valid offer.
t 4
A contract in which the stronger party dictates the terms is an adhesion contract.
t 5
