Bus Law Final Exam

In general, the difference between arbitration and mediation is that mediation is binding

False

Sean, after having two beers and feeling tipsy, makes a deal with Yoko to buy Yoko's stereo. Sean can avoid the contract because of lack of capacity

False

In order for a plaintiff to establish that he has been identified by the allegedly libelous publication, the plaintiff must show that the statement was:

disseminated to at least one person other than the person defamed

Beethoven and Mozart were playing pool at Mozart's house. Beethoven was loosing and became very upset with Mozart. While Mozart was getting ready to take his next shot, Beethoven hits Mozart over the head with his pool cue. Mozart is injured but never sees the pool cue and has no idea who or what hit him. Immediately after he hits Mozart, Beethoven leaves the house and the doors automatically lock behind him. Which of the following is correct?

Beethoven has committed battery

Finn is currently enrolled in law school and expects to graduate and take the bar exam in order to be able to practice law. Before becoming a lawyer, Finn promises to represent a friend, Landon, in a breach of contract action if Landon will pay 25 percent of the settlement to Finn. Finn negotiates and the case settles for $50,000. Landon refuses to pay Finn. Finn then graduates and attempts to sue Landon. Finn has a legal right to enforce the agreement

False

In an employment agreement with Karly, Allyn promises to work for Karly for the rest of Allyn's life. This promise must be in writing to be enforceable.

False

Kris, age 17, who looks 18 or older, makes a contract to buy a car from Mais, an adult. Mais finds out Kris's age. Mais may avoid the contract even if Kris did not misrepresent Kris's age.

False

Sandy's administrative assistant promises to keep the contents of a letter the assistant typed secret if Sandy will give the assistant the next day off with pay. If the assistant takes the day off, Sandy has to pay the assistant for the day.

False

Sarah offers to sell her lake-front property to Katy for $500,000. Katy responds by saying "would you consider lowering your price by $10,000?" Katy has made a counteroffer.

False

The intentional confinement or restraint of another person without authority or justification and without that person's consent constitutes _____________.

False imprisonment

Consideration in a contract means that:

Something of value is being exchanged by the two parties

What test would a court use to examine a law the treats people differently based on race?

Strict Scrutiny Test

A contract to commit a tort will be enforced by the courts

False

All contracts must be in writing to be considered valid.

False

Bargains are illegal if they involve a crime or tort but not if they are merely against public policy

False

Dana gives care to Marnie's dog, Molly when Dana finds Molly ill on the side of the road. Marnie promises to reimburse Dana for the cost of treating Molly. Marnie's promise is binding, because there is a bargained-for-exchange.

False

The tort of any unlawful threat of immediate harm or offensive contact or any action that causes the plaintiff to believe in an imminent harm is a(n):

Assault

After a trial, a case is appealed to the applicable court of appeals. Please select what an appellate court might do

1) Affirm the decision of the lower court 2) Reverse the decision of the lower court 3) Remand (send it back) to the lower court for further proceedings

Which of the following would be used to dismiss a case on the basis that the pleadings disclose that there are no material issues of fact to the resolved and that the moving party is entitled to judgment as a matter of law?

A motion for judgment on the pleadings

Define a principal agent relationship.

A principal-agent relationship is when the agent is authorized to act on behalf of the principal and is subject to the principal's control. Generally, the principal will have control over the agent.

Which of the following describes the rational basis test

A rational relationship to a legitimate government interest

A bank robbery has occurred, and the bankers association has offered a $1,000 reward for information leading to the arrest and conviction of the robber. Several people are claiming to be entitled to the money. Which of them is eligible?

An off-duty deputy sheriff from a county other than the one where the arrest occurred

Jacob owns a very large estate in the mountains that he primarily uses for dove hunting. On one portion of his dove land, he has set up a shooting range where he practices shooting at metal dove, turkey, and pheasant targets. Matthew is a hiker who is trespassing on Jacob's dove hunting land. Jacob does not know about Matthew in particular but Jacob is aware that hikers sometimes trespass on his land. Which of the following correctly describes the duty Jacob owes to Matthew with regard to the condition of the land?

As a discovered or anticipated trespasser, Jacob must warn Matthew of the dangerous shooting activity that could be occurring on his land

Which of the following gives Congress the power to regulate the Federal Economy and restrict State Regulations that obstruct or unduly burden interstate commerce?

Commerce Clause

Albert Einstein just obtained his master's degree in astrophysics. He enters into a three year employment agreement to work for the California Institute of Technology as long as they become accredited after one year. This would best be described as what type of condition?

Condition Subsequent

Darian offers to pay Ezri $6,000 for Ezri's car, provided that Darian receives that much from an uncle's estate, which is currently being probated. Darian expects to know the amount of the estate within a week or so. In this case:

Darian's conditional promise is sufficient consideration unless Darian knows receipt of at least $6,000 from the uncle's estate is not possible

Which statement is most accurate concerning discovery?

Depositions are sworn spoken testimony and interrogatories are written sworn answers

Which of the following terms best describes the government's power to take private property from its owner subject to the requirement that it pay just compensation for the property?

Eminent Domain

Which of the following communications would most likely not be considered an offer?

I would consider selling my book for $30

When comparing civil and criminal law, which statement is the most accurate?

In criminal law, the principal sanctions include fines, imprisonment, or capital punishment. While in civil law the principal sanctions are monetary damages and/or equitable remedies

The power or authority of a court to hear and decide a given case

Jurisdiction

Which of the following promises is enforceable even if the contract is not evidenced by writing?

Ming's agreement with Chell to buy Chell's bike for $400

There are four elements to tort law. Which of the following is not one of them?

Murder

Donald says to Joe, "I offer you $1,000 to paint my house and it can only be accepted if you start painting." Joe starts painting. Can Donald revoke his offer?

No, because Joe started painting

Two companies, a construction company and a landscaping firm, got into a contract dispute over the nature of landscaping services that had to be provided to the construction company. The landscaping firm was incorporated in New York and did all of its business in that state. The construction company was an LLC that had been filed in New York, with its members being domiciled in Pennsylvania, Vermont and Virginia. The landscaping firm filed a breach of contract claim in Federal Court in New York claiming diversity jurisdiction with an amount in dispute that was in excess of $100,000. It was conceded that the was no federal question involved in the case. The construction firm filed a motion to dismiss, asking that court that the case be thrown out. The construction firm reasoned in its motion that the landscaper-plaintiff did not have jurisdiction to bring the claim under diversity jurisdiction. Will the court likely grant the motion to dismiss?

No. It will not grant the motion to dismiss. The plaintiff is a citizen of New York and the three members of the LLC are each from a different state, which gives complete diversity of citizenship. In addition the amount in controversy exceeds $75,000.

Walter White hires Jesse Pinkman to paint his house. Walter and Jesse enter into a valid contract where Walter agrees to pay Jesse $2,500 for the job. After completion, Walt believes (in good faith), that the paint job was defective and withholds the payment. He calls Jesse and says "that job you did was not good enough." Jesse responds "yo yeah it was man. I don't know what you expect of me. Now show me some respect and pay me or I am calling my lawyer." Walt says "Jesse, don't be an idiot. I am going to call my lawyer too!" The parties bicker back and forth for a while. Walt finally says "fine, Jesse. Just listen to me. Instead of suing this out in court, I will offer you $1,000 in full settlement of the claim." Jesse, accepts, despite that the reasonable value of his services was $2,500. Walt sends a payment to Jesse of $1,000, Jesse accepts. Jesse then sues Walt for the remaining $1,500. Will Jesse be successful in a lawsuit asking for the remaining $1,500?

No. When Jesse accepted the check which stated "in full settlement of the claim." This is an accord and satisfaction

What are the requirements for a valid and binding contract?

Offer, acceptance, consideration, capacity to contract, and legality

This type of Jurisdiction answers the question "can the plaintiff sue the defendant in this state?"

Personal Jurisdiction

A new upscale coffee shop opened in downtown Bismarck. One rainy weekend, a business major studying business law at the University of Mary decided to study for her upcoming Torts test at this new coffee shop. As she was entering the coffee shop, an art student stopped her saying "this is a place of beauty. We don't want disgusting business majors who study law in here." The business major was upset by this remark and said, "Get out of my way." The art student said "No. Make me." The business major took out her full-sized umbrella, intending to frighten the art student, and swung it at his head. But, the umbrella broke and a large piece flew off, striking the art student. If the art student sues the business student for battery, he most likely will:

Prevail, because he was stuck by the umbrella

What is sometimes called "the supreme law of the land?"

The U.S. Constitution

A student, who was not happy about the difficultly of Professor Patrick's tests, locked Patrick in his classroom by locking both doors to the classroom from the outside. The two doors were the only way of getting in and out of the classroom. Patrick sued the student for false imprisonment. Which of the following would be true?

The student would escape liability if Patrick fell asleep in the class room after class was over and slept through the entire period that the doors were locked and was unaware that he was being detained

Theresa owns a mansion on an island on Flathead Lake. She is tired of the scenery and wishes to purchase a mansion on Lake Tahoe. Theresa's good friend Timothy has always expressed interest in her Flathead Lake mansion if she were to sell. Theresa's invites Timothy out for dinner and drinks at a local brewery. After hours of boring conversation about their investments and multiple properties they own, Theresa mentions how she has grown tired of her Flathead Lake mansion. She then offers to sell the mansion to Timothy for a cool $2.5 million. Timothy crunches the numbers in his head and promptly responds, "I will buy it for $2 million." What is the effect of the statement Timothy made?

Theresa's offer has been rejected and Timothy has made an offer for $2 million which Theresa may accept or reject.

Mason contracted with Bravo Builders to build an addition to Mason's house for $15,000. After digging the foundation, Bravo decides that it will take more work and more concrete than it had originally thought and that it will need to charge an additional $5,000 for the job. Assuming Mason agrees, which of the following is correct?

This is a modification of a preexisting contract, which under common law must be supported by additional consideration on the part of Bravo Builders

Carol Wojtyla was on a walk and stopped to talk to a neighbor Mother Theresa. They started talking about the weather. Mother Theresa told him that she is worried about winter because she just had knee surgery and doesn't think she will be able to shovel snow. The next day it snows and Carol knocks on Mother Theresa's door and offers to shovel her walk. After shoveling the walk, Mother Theresa pays Carol $20. It snows for the next 5 days and Carol returns each morning to shovel Mother Theresa's walk. Each time he is paid $20. Now, over the course of the next month, it snows off and on and Carol shovels her walk each time it snows. However, Mother Theresa does not pay for the recent months snow shovels. When Carol asks, Mother Theresa replies "I thought you were just being kind" and further explains that she never intended to pay for each snow shovel. Carol files a lawsuit in small claims court (Wojtyla vs Mother Theresa) to recoup payment for his service. Which best describes how the court would rule:

This is an implied in fact condition and Carol is entitled to be paid for the times he shoveled Mother Theresa's walk over the last month

A summons and complaint commence a lawsuit

True

Promissory estoppel can make a promise binding even without consideration

True

The taking back of an offer by the offeror is called revocation

True

Under the intermediate scrutiny test, a law will be up held if it is substantially related to an important governmental purpose. Here the Government will have the burden of proof to show that the law is narrowly tailored and a good way to achieve the objective.

True

Voir Dire is an examination by the parties in a lawsuit of potential jurors; it is used to select the jury.

True

Where a stipulation in restraint of trade is a part of the contract for the sale of a business, it may be valid if the restraint is within reasonable limitations to protect the business's goodwill.

True

Cedar is 88 years old and under the legal guardianship of a relative. One day Cedar receives a telephone call from a health insurance salesperson and purchases a $400-a-month Medigap insurance policy. This contract is

Void

Happy Gilmore consumed a large number of alcoholic beverages served to him by the owner and wait staff at a local country club owned by Bob Barker, located in North Dakota. Everyone at the country club that night knew Happy was intoxicated for most of the evening, as well as when he drove his automobile out of the parking lot. Not more than ten minutes later, Happy's car crossed the center line of the highway and collided head-on with a sports car driven by Shooter McGavin. Shooter suffered severe personal injuries as a result. Shooter's medical expenses exceeded $1,000,000. Thereafter, Shooter settled his claim against Happy. Shooter then learned that North Dakota's statutory law provides that the seller of intoxicants who dispenses alcoholic beverages to an intoxicated person is guilty of a Class 1 misdemeanor. The next month, the country club's bouncer, "Chubbs", escorted out of the building two inebriated customers, Mr. Larson and Happy's Grandma, after they started a loud argument and began cursing and throwing food at other customers. As the three of them reached the parking lot, Mr. Larson threw a punch, Chubbs ducked, and the punch knocked Happy's Grandma out. His patience exhausted, Chubbs told the Mr. Larson and Grandma to stay away from the country club, and then he slugged Mr. Larson , knocking him to the ground, breaking his eyeglasses, and causing a partial loss of sight in Mr. Laron's right eye. Chubbs, who started as a dishwasher at the country club, had earned an online training certification as a bouncer and as a security guard. He had no criminal record and had never been sued. Bob Barker considered him to be a model employee. Each injured individual filed a separate lawsuit against Bob Barker, doing business as the Price is Right County Clubs, Inc., in North Dakota State Court. Is a court likely to hold Bob Barker liable for damages for the personal injuries suffered by Mr. Larson as a result of his being struck by Chubbs at the Country Clubb? Choose the best answer.

Yes, Bob will most likely be held liable for the personal injuries suffered by Mr. Larson. The agency relationship is established (i.e. Chubbs works for Bob), Chubbs was acting within the scope of his employment as a bouncer, his actions were foreseeable in furtherance of his employment, and his actions benefited Bob as established by the facts.

Pat has an employment contract with Dunkirk Ice Cream to sell ice cream and novelty ice cream products. Pat has five children and another due any day. Pat doesn't make enough money with Dunkirk so, without Dunkirk's knowledge, he decides to seek additional work at another dairy in the town that also sells ice cream and novelty ice cream products. Pat's employment contract that he signed with Dunkirk specifically prohibits Pat from competing. Will Pat selling for another local dairy in addition to Dunkirk be problematic under the current contract?

Yes, it is likely to be enforceable during employment because it is a reasonable restriction on his employment with Dunkirk

Which of the following contracts would most likely not need to be in writing to be enforceable?

a contract to sell a television for $20

a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong

a definition of law

Richard owes Andy $1,000 under a contract. The parties agree that Andy will accept Richard's boat as satisfaction for Richard's duty to pay $1,000. What would this best be described as?

accord

What creates an administrative agency and gives it power?

an enabling statute

Aya says to Donell, "If I decide to buy a tablet next month, I will buy it from you." This is an example of:

an illusory promise

Sara tells a local apple farmer that she will buy as many apples from the farmer as she wants. What would this be an example of?

an illusory promise

At the beginning of a lawsuit, once a summons and complaint are served by the plaintiff, what pleading would likely be used by the defendant in a civil law suit?

answer and counterclaim

What is it called when a party announces that it cannot or will not perform its duties under a contract prior to the time of performance?

anticipatory repudiation

Which of the following terminates an offeree's ability to accept an offer?

counteroffer, destruction of the subject matter of the contract, rejection

Jonny Fontane is a famous singer/performer. He had entered into a long term contract with a bandleader to perform various shows in Las Vegas. Over time, Jonny Fontane's talent grew and there was demand for him to move onto acting and performing at bigger, higher paying events. Jonny was presented with several offers but knew he was still under contract with the bandleader. Jonny asked that the contact be terminated but the the bandleader refused to let him out. Jonny then explained his dilemma to his agent Vito Corleone. The next day, Vito went to the bandleader and offered him $10,000 if he would let Jonny out of the contract. The bandleader again refused because he was making good money off the contract. The very next day, Vito Coreleone went back to the bandleader and presented a contract to the bandleader to release Jonny from the original contract. He held a gun to his head and said, "either your signature or your blood will be on this contract." The bandleader signed the document to release Jonny from the contract. If the bandleader later attempts to avoid performing the duties required (i.e. release Jonny from the contract), what is his best defense?

duress

What is the term for an agent who is controlled by a principal but the principal does not control the manner and means of agent's performance?

independent contractor

What type of equitable relief involves a court order requiring a party to refrain (stop) from engaging in certain conduct?

injunction

What type of contractual damages are agreed to in advance of a breach?

liquidated

Which type of damages are generally not recoverable for breach of contract?

punitive

The name for consecutively numbered volumes that contain decisions of state courts of appeals

reports

Parol evidence cannot be used for which one of the following purposes?

to include a provision in a contract that the parties forgot to write down

Quincy is working hard on the mayoral campaign of Rio and believes that just a few more votes could win the election, so promises to pay a friend Varun $50 to register and vote. Varun does so, but Rio loses the election, and Quincy now refuses to pay. The agreement is:

unenforceable and opposed to public policy.

A contract that amounts to nothing and has no legal effect is

void