buis law final

¡Supera tus tareas y exámenes ahora con Quizwiz!

A lessor is a party who acquires a right to the possession and use of goods under a lease

FALSE

A party's signature must be at the end of a writing for the writing to constitute an enforceable contract.

FALSE

A successful tort suit an individual is aearded compensatory damages to put them in a better position that the party who committed the tort

FALSE

All courts use the same test for legal insanity.

FALSE

An offer made in undue excitement is an effective offer.

FALSE

Any courts can exercise jurisdiction over any person

FALSE

Attempts to settle a case must be concluded before the litigation process begins.

FALSE

Choice-of-law clause permits a party to which nations law to apply to a dispute arising under an international conflict:

FALSE

Civil law has to do with wrongs committed against society for which society demands redress

FALSE

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

FALSE

Employer can use their power and control to engage in an intentional pattern of outrageous abuse against an employee without potential tort liabilit

FALSE

Generally, the law recognizes a partnership as an independent entity.

FALSE

Identification is not significant for the buyer or seller

FALSE

In an accord and satisfaction, the accord in which one pary gives up the right to pursue legal claim against another party

FALSE

In contract law, damages compensate for harm suffered as a result of another's wrongful act, not for the loss of a bargain.

FALSE

In the us gov system, applying the laws to specific situations is the essential role of congress

FALSE

Invitation to submit bids is an offer

FALSE

Judicial review is the process through which congress approves/ rejects judicial appointment

FALSE

Manufacturer doesnt need to inspect and test any purchjased components used in the final product to avoid product liability

FALSE

Negotiation requires the use of a neutral third party to facilitate a settlement

FALSE

Offer can be accepted by the offeree

FALSE

One of the key advantages of the corporate form is the unlimited liability of its owners.

FALSE

Only the us scotus exercises the power of judicial review

FALSE

Performance becomes commercially impracticable when a foreseeable, added burden of performing increases the cost slightly.

FALSE

Personw who wrongfully hurts anothers good name orally may be liable for libel

FALSE

Puffery is an expert's opinion that creates an express warranty.

FALSE

Simplest form of ADR is mediation

FALSE

The rights secured by the Bill of Rights are absolute.

FALSE

The term consideration refers to the deference shown by contracting parties to each other.

FALSE

There is no right answer to every legal question

FALSE

Those who dont make goods, but only sell them cannot be held leable for harm caused by those goods to a consumer

FALSE

To constitute the crime of bribery, the bribe must consist of money.

FALSE

To gain a share of a market, a buisnessperson can interfere in another business even if the behavior is predator

FALSE

To maintainin an action in strict product liability the plaintiff must show why and how the product became defectiv

FALSE

Under the doctrine of strict liability, persons are liable only for the results of their international acts or their failure to exercise due care

FALSE

When there is a direct conflict between a federal and a state law, both are rendered invalid.

FALSE

a cop;yright owner who sells a copy of work retains rthe right to control the further distribution

FALSE

a corportation is not liable for the misconduct of its agents

FALSE

a court will grant specific performance as a remedy only when the legal remedy is adequate

FALSE

a merchants firm offer is revocable at any time before acceptance

FALSE

a partner can put their intereset before the interse of the partnership withnout violating any fiduciary duty owed to the firm

FALSE

a promise to do something that ine has no prior legal duty to do is not legally sufficient consideration

FALSE

a promise to pay another debt only if that party fails to p;ay doesnt need to be in writing to be enforceable

FALSE

a single person carrying on buisness for profit with control over its operation can constitute a partnership

FALSE

according to the ucc one person will cause a sales contract to fail for indefiniteness

FALSE

act of ommission cant be a crime

FALSE

admin. law plays a insignificant role in regualtion of buisness environment

FALSE

agreement exists when one party offers a certain bargain to another party

FALSE

an agreement made before marriage that defines partners interest in the other property is collateral promsie

FALSE

an implied warranty or merchantability and an implied warranty of fitness for a particular purpose cannot exist in a single transaction

FALSE

an oral sales contract for goods priced at less than 500 is unenforceable

FALSE

appellate courts have no discreationary power to reject an appeal- appellate courts must accept all appeals

FALSE

at the option of the partners a partnership can be a pass through entity or a taxpaying entity

FALSE

basically state lemon laws provide remedies to consumers who buy food that is not merchantable

FALSE

before trial, jury renderss a preliminary verdict ro indicate to the attorneys what they must attemot to prove during the trial

FALSE

bilateral mistake occurs if one party to a contract is mistaken about a material fact and the other party knew

FALSE

commerce clause has no great impact on buisness

FALSE

communications decency act, internet service providers are liable as publishers of defamatory statements

FALSE

contract isnt enforceable without defined objective

FALSE

contracts entered in by metally incompetent arent valid under any circumstances

FALSE

corportation cannot be formed for purposes other than making a profit

FALSE

criminal case only 3/4 of jurors need to agree

FALSE

cybersquatting is legal when the person offering for sale a domian name as a trademark to profit from the sale

FALSE

default judgement is a judgement entered by a court in a case neither party prevails

FALSE

expert testimony is effective with juries, there is no potential for abuse

FALSE

false imprisonment occurs only when a person justifiably restrains

FALSE

goods assosciated with real estate never fall withing the scope of ucc article 2

FALSE

if a contract condition isnt satisfied the obligation of the parties are not discharged

FALSE

in a limited partnership every partner has full responsibility for the management of the partnership and its obligations

FALSE

in a successful tort suit an individual is awarded compensatory damages to put them in better position

FALSE

in criminal law the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty

FALSE

in general courts question the adequacy of consideration

FALSE

info that cant be patented, copyrighted cannot be protected as a trade secret

FALSE

key element of a partnership is the intent to act in good faith

FALSE

larceny involves fear, robbery doesnt

FALSE

liquidated damages provisions normally are unenforceable

FALSE

most common way to terminate contractual duties is by repudiation

FALSE

offerors intention to become bound by the offer must be subjectively clear

FALSE

once a compnay has investigated foregin suppliers it is unnecesary to continue to monitor them

FALSE

one party entering into a contract must possess characteristics that qualify the, as competent for contracts

FALSE

primary purpose of the uniform electronic transactions act is to create new rules for electronic contracts

FALSE

privity of contract establishes the basic principle that contracting parties have a right to privacy in the information expressed in their contracts

FALSE

service marks are not protected in the same way as trademarks

FALSE

shipment contract, the seller is required to deliver the goods to a particular destination

FALSE

specified state of mind isnt necessary to establish criminal liability

FALSE

statements of opinion and value usually create express warranties

FALSE

the articles of a partnerhsip can include any terms that the partner wishes

FALSE

the ucc imposes special buisness standards on casual seller/buyers

FALSE

the uniform partnership act governs the operation of partnerships in spite of a different agreement among the partners

FALSE

there is no difference between complete and substantial performance

FALSE

to clarify the terms of a written contract a court will admit any parol evidence

FALSE

to suceed in a suit for copyright infringement the owner must show that the infringer acted intentionally

FALSE

us const. divides power among four branches

FALSE

when a person who is not a partner holds themselves out as a partner, a court may impose liability-and partnership rights- on the alleged partner

FALSE

when there is no formal written partnership an agreement to form a partnership is unenforceable

FALSE

with respect to consideeration a bargained for exchange refers to the location such as stock exchange where the contacting parties negotiated their deal

FALSE

A breach of warranty is a breach of the seller or lessors promise

TRUE

A fed court will apply federal laws in a case involving a federal question

TRUE

A license may limit the use of a software application to a specific device.

TRUE

A seller who introduces into commerce an unreasonably dangerous product may be subject to a tort action for strict liability

TRUE

Acceptancee is timely if its effective offer is terminated

TRUE

An incidental third party beneficiary cannot sue to enforce the contract because the benefit is unintentional.

TRUE

An offer terminates automatically when the period of time specified in the offer has passed.

TRUE

An oral contract for customized goods may be enforced in certain circumstances

TRUE

Any contract can be discharged by agreement of the parties

TRUE

Arbitration differs from other forms of ADR in that a third party hearing a disppute makes the decision

TRUE

Business firm has a duty to exercise reasonable care to protect its business invitees

TRUE

By supplying procedures for enforcing private agreements, contract law provides an essential condition for the existence of a market economy.

TRUE

Corporations comliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different

TRUE

Expressly designating a third party as a beneficiary in a contract indicates the beneficiary is intended

TRUE

False statement about a person's business can give rise to liability for defamation

TRUE

Fraud Misrepresentation, scienter clearly exists if a party asserting a fcat knows its not stated

TRUE

If a debt is liquidated, an accord and satisfaction cannot take place.

TRUE

If a seller or lessor breaches a warrantly, the buyer or lessee can sue to recover damages

TRUE

In sales law, a warranty is an assurance by the seller or lessor about the quality and features of the goods being sold or leased.

TRUE

No legally recognized injury from a given negligent act, there is nothing to compensate- in effect no tort exists

TRUE

Painting a garage can constitute "something of legally sufficient value."

TRUE

Shockingly inadequate consideration can indicate fraud in a contract

TRUE

Tender is an unconditional offer to perform.

TRUE

The UCC imposes some different rules on merchants.

TRUE

The remedy available when a court imposes a quasi contract is the recovery of the reasonable value of a benefit conferred or detriment suffered.

TRUE

There is a remedy available for nearly every breach of contract.

TRUE

To enforce a contractual promise, there must be an exchange of consideration underlying the bargain.

TRUE

UCC provisions relating to passage of title dont apply to leases of goods

TRUE

US constitution provides safeguards that apply not only in federal but also in state courts

TRUE

Under a state long arm statute a court can exercise jurisdiction only over certain nonresident defendants

TRUE

Under the UCC, good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.

TRUE

Under the full faith and credit clause of the Constitution, any judicial decision in one state with respect to contact rights will be honored and enforced in all states

TRUE

When a party's performance is perfect, it is said to be complete.

TRUE

When someone suffers injury because of anothers failure to live up to a required duty of care , negligence occures

TRUE

When the original parties to the contract agree that the performance should directly benefit a third person, the party can sue the promisor for breach

TRUE

Works that are copyrightable include product packaging

TRUE

a breach of contract occurs when a party fails to perform part or all of the required duties under a contract

TRUE

a contract must in writing to be enforceable if it cannot by its terms be performed within one year from the day after the contracts formation

TRUE

a corporation whose shares are held by relatively few persons is a close corporation

TRUE

a court can order the dissolution of a partnership if the buisness can only be operated at a loss

TRUE

a court can refuse a contract that the court deems to have been unconsciousable at the time it was made

TRUE

a fact that is important and central to the subject matter is a material fact

TRUE

a lender who makes a loan of an interest rate above the law may committ usury

TRUE

a merchant is a person who deals in goods of the kind involved in the sales contract or who holds themselves out as having skill to the particular goods being sold/purchased

TRUE

a motion to dismiss assserts that a claim has no basis in law

TRUE

a partner who withdraws from a partnership for a term before its expiration date can be held liable for any resulting losses

TRUE

a party that can prove theey didnt agree to terms of contract has a defense against enforcement

TRUE

a public held corporation is any corporation whose shares are publicly traded in a securities market

TRUE

acceptance may consist of words or conduct

TRUE

an obligee can legally refuse performance from delagation only if the duty delegated is one that cant be

TRUE

anticipatory repudiation of a contract is treated as a present material breach in order to give the non-breaching oarty an oppertunity to seek a similar deal elsewhere

TRUE

any confirmation invoice sales check or email may constitute a writing that satisfies the statute of frauds

TRUE

articles of incorporation serve as a primary source of authority for a corporations buisness operations

TRUE

as a rule any duty can be delegated

TRUE

by laws are the interal rules of management for a corporation

TRUE

common law is a body of law based on judicial decisions

TRUE

complaint contians a breif summary of the tactics necessary to show the party filling the complaint is entitled to relief

TRUE

consideration is the value given in return for a promise

TRUE

consideration is the value given in return for a promise or in return or a performance

TRUE

contractual obligations will be discharged when the specific subject matter of the contract is destroyed

TRUE

corporation possesses the same right if access to the courts as a citizen

TRUE

courts usually will enforce a covenanr not to compete provided its restrictions are reasonable

TRUE

criminal case the state must prove its case beyond a reasonable doubt

TRUE

digital sampling can constitute copyright infringement

TRUE

elec. discovery can reveal sig. facts that arent discoverable

TRUE

evidence of a defendants guilt was obtained improperly it normally cannot be used against the defendant in court

TRUE

goods that arent both existing and identified to the contract are called future goods

TRUE

identification is one of the concepts involved in determing the right and liabilities of parties to a sales contract

TRUE

identification is the express designation of the goods provided for in a contract

TRUE

if a statue expressely prohibits assignment the particuler right in question cant be assigned

TRUE

if performance of a contract is not substantial there is a material breach which excuses the nonbreaching party from performance

TRUE

illegall act committed by a buisness using nonviolent means to obtain a buisness advantage is a white-collar crime

TRUE

in a sales contract the passage of risk of loss from a seller to a buyer gives the buyer the right to insure the goods

TRUE

in an effort to prevent fraud the statute of fruads denies enforceablity to certain contracts that dont comply with its requirements

TRUE

in effect a counteroffer converts the original offeror into an offeree with the power of acceptance

TRUE

in most situations involving sales, rights and liabilities are generally not determined by who has title to the goods

TRUE

independent regulatory agencies are NOT subject to the authority of president

TRUE

jury is an important aspect of litigation

TRUE

most crimes are an act of commission

TRUE

on an assignment to a loan broker by an auto dealer of the payments due to an auto loan broker obtains only those lights that the dealer originally had

TRUE

parties to sales or lease contrcats often obtain insurance coverage to protect against damage, loss, or destruction of the goods

TRUE

parties to sales/lease contracts often obatin insurance coverage to protect against damage, loss, or destruction of the goods

TRUE

potent weapon against white collar crimes include fed. laws prohibiting mail/wore fraud

TRUE

providing accounting services is something of legally sufficient value

TRUE

quasi contracts arent real contracts

TRUE

risk of loss cannot pass from seller to buyer unless the goods are identified to the contract

TRUE

risk of loss cant pass from buyer to seller unless the goods are identified to the contract

TRUE

selecting the state in which to incorporate is an important step in the incorparation procedure

TRUE

situation in which agreements lack consideration include those involving a preexisting duty

TRUE

situations in which agrerements lack consideration include thise involving a preexisting duty

TRUE

statements of fact made during the bargaining process are express warranties

TRUE

the corportation is a creature of statute

TRUE

the parties can agree in their contract when identification will take place

TRUE

the power of acceptance continues forever

TRUE

the purpose of the statute of frauds is to ensure that, for certain types of contracts there is reliable evidence of the contracts and their terms

TRUE

the terms in a contract must be sufficiently definite for a court to determine the amount of damages to award

TRUE

to be characterized as good under the ucc an item of property must be moveable

TRUE

to be merchantable goods must be at least average fair or medium grade quality

TRUE

under the staute of frauds a contracts involving an interest in land must be in writing to be enforceable

TRUE

undue influence can arise from a confidential relationship

TRUE

us const. basis for all law in the us

TRUE

when the performance under a contract is substantial is decided on a case by case basis, examinng all the facts of the particular situation

TRUE

ethical code of conduct is not

law


Conjuntos de estudio relacionados

Nursing Management of the Newborn

View Set

Child, Family, And Community Quiz

View Set

psychiatric medication Saunders study mode

View Set

Chapter 2: Job Analysis and Design

View Set