FSL Midterm

The ______ consists of ten amendments to the US constitutions specifically designed to protect the civil rights and liberties of citizens and the states

Bill of Rights

Which of the following is true of common law? ​It is based on the legal system that originated in the courts of medieval Spain. ​Judgments in common law generally take the form of a restraining order or an injunction. ​It is primarily based on statutes enacted by the legislature. Cases in common law are decided on the basis of precedents.

Cases in common law are decided on the basis of precedents

T/F- all agreements are contracts

False

T/F- statutes are easier to amend than constitutions

true

T/F- an antitrust violation occurs when a business firm seeks to have cooperation within its firm to diminish competition

False

T/F- felonies are crimes that are usually punishable by just a fine

False

T/F- if a decision of an administrative agency conflicts with a statute enacted by a higher legislative body, the agency decision will prevail

False

T/F- legal system of the US is based on the French legal system

False

T/F- the law states that a unilateral contract can be formed when performance is started

False

T/F- there is no difference between a void contract and an unenforceable contract

False

T/F- to recover damages for an intentional tort, the plaintiff is required to prove that there was a breach of duty by the tortfeasor to the plaintiff

False

Which of the following is true of the Uniform Commercial Code? The UCC has not been enacted in all fifty states. Individual states may make changes to the portions of the UCC that they have adopted. The UCC is an ordinance, but not a statute. Portions of the UCC adopted by states cannot be modified by those states.

Individual states may make changes to portions of the USS that they have adopted

What is the chief function of the courts? Interpret, execute, or draft laws?

Interpret and apply the law

Which of the following is true of the US Supreme Court? It is mandatory for the Supreme Court to hear all appeals that come before it. ​It has original control in cases that are based on a federal law or a treaty. ​It has the sole power to establish inferior courts. ​It has appellate jurisdiction in cases based on the U.S. Constitution.

It has appellate jurisdiction in cases based on the US constitution

An enforceable contract is made by an adult with a minor. Which of the following is true? The contract is enforceable against the minor but not against the adult. The contract is enforceable against the adult but not against the minor. The contract is enforceable against the adult only if the minor ratifies the contract. ​The contract is not enforceable against either of the parties until the minor attains a majority.

The contract is enforceable against the adult but not against the minor.

Which of the following is true of appeals made to higher courts? ​They make it mandatory for appellate courts to hear the testimony of witnesses. The complete transcript of trial court proceedings is offered by the defendant directly to the jury. The decision of the appellate court is binding on lower courts. ​The attorneys for each party put forth verbal arguments instead of filing written briefs.

The decision of the appellate courts is binding on lower courts

Which of the following is true of administrative agencies? ​They can become specialists in a particular area of regulation. ​They can be run only by a single administrator. ​They have the power to regulate but not implement laws. ​They are always administered by a committee.

They become specialists in a particular area of regulation

T/F- one may have rights and obligations imposed by law even when no real contract exists

True

T/F- the US supreme court is the highest tribunal in the land, and its decisions are binding on all other courts

True

T/F- when a contract is required to be sealed, a substitute for an actual seal may be used

True

T/F- a contract for the sale of goods is governed by the UCC

True.

Failure of a party to perform the obligations assumed under a contract is...

breach of contract

To recover for a tort based on negligence, the plaintiff must show:

breach of the tortfeasor's duty to the injured party

Which of the following best describes the difference between civil law and criminal law? The standard of proof required to convict a defendant is greater in a civil case than in a criminal case. Penalties under civil law are more severe than penalties under criminal law. Civil law deals with the enforcement or protection of private rights, whereas criminal law deals with offenses against society. ​In civil law, a defendant is entitled to an attorney, regardless of his or her ability to pay for one, whereas criminal defendants do not have a right to legal representation.

civil law deals with the enforcement or protection of private rights, whereas criminal law deals with offenses against society

A written request to a court to settle a dispute:

complaint or petition

T/F- A state administrative agency affects businesses throughout the country.

false

T/F- an agreement between two parties to form an illegal act is a quasi-contract

false

Kenneth was sentenced to six years in prison for forgery. Kenneth has then committed a felony/misdemeanor

felony

Contract that must be in a special form or be created in a certain way:

formal

Which of the following best describes the difference between rules and laws? Laws may not be modified while rules can be modified at any time. Rules prescribe a code of civil conduct while laws do not. Laws are rules that are enacted by the government. Rules carry a penalty for violation while laws do not.

laws are rules that are enacted by the govt

Activities that are illegal regardless of their effect :

per se violations

A court decisions that determines the decision in a subsequent, similar case:

precedent

The purpose of antitrust laws is to

promote competition among businesses

In a situation where an injured party in an accident is partly to blame for an accident, which of the following is most likely to be true under a contributory negligence system? The injured party cannot recover any damages because it is partially negligent in the case. The injured party cannot claim damages unless the defendant consents to it. The injured party can recover damages only if his fault in causing the accident is 49% or less. The plaintiff can claim for three times the damage if the defendant is the only one at fault.

the injured party cannot recover any damages because it is partially negligent in the case

T/F- The promise or obligation of each party to a contract must be supported by consideration in order for the contract to be valid.

true

Which of the following is true of state trial courts? They handle cases that are first instituted in them. They are the highest courts of authority in the United States. They are also known as inferior courts. They lack jurisdiction over criminal offenses against the state.

They handle cases that are first instituted to them

T/F - each state is part of the federal court system and has a state court system

True

T/F- administrative agencies primarily set policy through the issuance of rules and regulations

True

T/F- appellate courts include courts of appeals and supreme courts

True

T/F- doctrine of strict liability can make the manufacturer of a dangerously defective product liable, even if there's no proof of negligence

True

T/F- legal term for one party benefitting unfairly at the expense of another is called unjust enrichment

True

An executory contract is...

a contract in which the terms of the agreement have not yet been fully carried out by both parties.

A temporary order that is issued by a court with equity powers forbidding activities that would be detrimental to others is known as...

a restraining order

Regulatory agencies can use their licensing power to regulate prices that a business may charge. enable a business to enlist in the stock exchange. determine whether the activity of the entity regulated is acceptable or not. allow a business to enter the field being regulated.

allow a business to enter a field being regulated

What is the difference between an agreement and a contract?

an agreement is when two persons' minds meet on a subject, a contract only exists when the parties intend to be legally bound by the terms of the agreement

Which of the following is a tort based on negligence? Assault Commercial disparagement Automobile accidents Battery

automobile accidents