Law Final

what amendment in the Bill of Rights states and part powers not granted to the federal government by the constitution nor prohibited to the states are reserved to the States or the people

10th amendment

Which amendment has both the due process clause and equal protection clause explicitly stated in it that's the

14th amendment

constitutional amendment that protects against compulsory self examination

5th amendment

Contracts can be discharged by which of the following

All the above

A law made by a local county or city board of Commissioners or Council is called

An ordinance

these about one person of another person's name likeness floyd or other identifying characteristics, without permission and for the benefit of the user.is commonly or is called

Appropiation

Who or what decides how many US Supreme Court justices there will be

Congress

When the state is the plaintiffs and the remedy includes funds imprisonment or death

Criminal case

At trial, the process whereby the plaintiff's attorney questions that offended witnesses is called

Cross examination

According to the US Constitution US Supreme Court justices and all federal judges serve

During good behavior

states that a contract may be variable by one or both of the parties to the contract which of the following are instances when either party to the contract can avoid.

Either one could affirm or if there is a mutual mistake

Amendment that protects person is double jeopardy the

Fifth amendment

if this clerk for the hardware stores tried for shooting and killing the driver. Should he be found guilty or not

Guilty because he used too much force in the perpetrators has withdrawn and were fleeing even in North Carolina the current Castle law

in the legal, ethical continuum that there are areas that are both.

Illegal and unethical and illegal and unethical, so you could suddenly can be legal not yet illegal

The landmark, in which case involving intentional interference with a contractual relation is called

Lumley V Guy

Fred working for boyle furniture story that I told you.

No, he didn't earn it

When I sold my she'll be $4,000 a day or a 71 and 2022 cars worth at least $250,000 can I sue the buyer now to get my car back if I pay restitution.

No, statute of limitations ran out, and adequacy of consideration

other than a limited liability company what corporate entity may have Members

Nonprofit corporation

Joe kirby files a suit against Antonio or and Anthony I put carvello in Federal Court depleting document that sets out. The defendants responses to allegations in the plaintiffs pleading and any and all affirmative defenses in any and all counterclaims is called

The answer

The written document adopted by the Constitutional Convention of 1787 became known as the

U.S. Constitution

this sources considered to be the supreme law in the United States

U.S. Constitution

UCC

Uniform commercial code

At the beginning of the trial of a civil or criminal case in which the jury will decide the berdych the question of the process of questioning potentials jurors is called the

Voir Dier

a young man he's 16 years of age sells something and then he changed his mind when he becomes an adult and he decides to decipher the contract and pay to get his property back is he entitled

Yes, he will when he must pay restitution And he did this informant within a reasonable time because he did that day after his birthday

Violin case Sung and Bev , when they find out the violin is actually extremely valuable can the buyer keep the violin

Yes, mutual mistake of value

In order to prove undue influence there must be proof of existence of

a confidential relationship

When one of the following parties to a personal service contract dies of comes in competent. incapacity prior to performance of the contract

a discharge of the contract may occur do impossibility of performance.

Mr matar's definition of a contract is

a legal agreement between two or more competent parties were consideration is exchanged now or in the future.

estople

a person is barred prevented or stopped from denying something in the case

North Carolina the following persons who will be able to sue and get money back or rescission have a fully executed contract.

a person who knowingly paid users interest on a loan can do that for up to two years

The counter offer is one that consists of

a rejection of the original offer plus a new offer

which of the following automatically terminate an offer prior to acceptance

a withdraw a rejection, the subject matter being destroyed or a counter offer

to completely prove negligence and recover damages the plaintiff needs to show

actual cause proximate cause a duty of care and a breach of that duty in an injury loss or damage to self or property.

Next case the case involving a famous person who is defam And in a published newspaper article and she sued the person who wrote the article for defamation at trial she must prove, that the statement was made with

actual malice

in exercising their powers and duties under the guidelines of enabling acts, these are they acts the tail administrative agencies what they can and can't do the

administrative agencies adopt rules and regulations.

the burden of proof in a criminal cases

beyond a reasonable doubt

Which of the following is an example of a pre existing legal duty to perform.

building contractor wants more money for a fixed price turnkey contract Because the cost of materials went up

Foreign corrupt practices act of 1977 prohibits

business people from bing foreign officials to secure beneficial contracts.

which is the following constitutional including amendments clauses had the greatest impact on business

commerce clause

according to your textbook loss of profits can be a form of which type of damages.

compensatory and consequential

which of the following types of damages is awarded by the Court to a non breaching party for indirect or special damages resulting from the breach.

consequential damages

double jeopardy exists in a situation where a person is

criminally prosecuted or try twice for the same offense same crime by the same governmental entity.

The mailbox rule is also known as the

deposited acceptance rule

The English carnation cases in illustrate the

doctrine or frustration of purpose.

which of the following best describes and where a party to propose contract is threatened with black male or extortion and forced to enter into a contract that's the risk.

duress

evert crashes into an electric telephone pole driving his car negligently in the crash feels the pole knocking out the electrical power which clues the hospital and Carl whose own life sport dies but for everett's negligence, Carl would not have died,

everts negligence could be found to be the actual cause of carls death But not the proximate cause,

ethel enters in a contract the lows hardware lows agrees to sell and deliver refrigerator after which ethel payload for the refrigerator within one month, it flows in fact delivers the refrigerator nansel is not yet paid for it ethel's part of the contract is

executory

Barby accused ken of assaulting her, ken has committed the civil assault the tort of civil assault if you created

fear or apprehension or immediate harmful or offensive contact

The free exercise clause as part of what con fundamental constitutional freedom

freedom of religion

The term abinicio means

from the beginning.

No contract exists where

here's a mutual mistake of material fac

It Lucy vs Zimmer and your book is a classic case deciding contractual intent, remember that

intoxication was an issue, but it was quickly dismissed based on the testimony of Mrs Amor. And the fact that some of the facts, in the case that Mr Zimmer even or Mrs ever even offered to have. Lucy home

contributory languages as a Defense and tore cases based on negligence

is a complete and absolute Defense

Uncle Over promises to give his niece Jane $500 a Christmas before Christmas, he changes his mind and Jane Susan for the $500 his promises,

is not binding , because chain is not earned it she didn't give any consideration in return

personal liability of all general partner

joint and several and unlimited

Contract consideration as two parts name them

legally sufficient value and bargained for exchange.

the term respondent superior or means

let the master respond

of the following which North Carolina business organizations are required to file some other articles or official articles or certificate with Secretary state.

limited partnerships corporations and limited liability companies.

owner and builder agree that it would be difficult to determine damages of construction is not completed in time for the grand opening of owners business. in the contract between them, they specify that the damages the builder will pay the owner will be $1,000 per day. Which is reasonable and not excessive Considering the amount of the contract and the difficulty of estimating damages in the event of a breach this type of damages is called

liquidated damages

Most landlords are expected to

mitigate their damages in the event of breaches of lease agreements by their tenants

Foreseability is important and which of the following

negligence it's a factor in determining proximate causation contracts it's a factor in determining commercial impracticability. Contracts it's a factor and cons consequential damages contracts it's a factor in an exception to the pre existing legal duty rule and it's also a factor and frustration of purpose.

The violation of law statute ordinance or governmental agency rule regulation can be used by another person injured by that violation to help prove negligence in a civil suit this doctrine is called

negligence per se

quick pizza case where the quick beats operates as a partnership under federal wall, it must file a partnership return and that's

no tax informational only, individual have to pay taxes on their own

warrantless searches for government authorities are

not specific by government authorities and not specifically mentioned in the fourth amendment.

Jill sues Antonia for injuries in the car accident, the jury determines that she was 20% to blame for the accident and therefore for own. Injuries question is she's awarded $100,000 how much will she recover in a contributory negligence states such as North Carolina

nothing

Consideration requires

omething of legally sufficient values given in exchange for promise

uncle festus tells his nephew Jesse that he should not have to work anymore. As a telephone marketer because of his stuttering. festus tells Jesse will pay Jesse $500 a week of Jesse will quit his job relying on this promise Jesse quits his job courts will enforce festus his promise under the doctrine.

promissory esstopple

certain factors have contributed development evolution of strict product liability which of the following factors is the most important.

public policy assumes the manufacturer and other sellers less stores and even distributors. defective products are in a better position to and should pay for injuries cause, not the individuals who are in in dirt by the products.

peremptory jury challenges are limited and number and cannot be used to discriminate based on

race of gender

heymer versus segue discussed in class court hill that consideration from one party to.contract to another to the same contract may actually consist of a forbearance which is

refraining from doing something which one has a right to do.

quitable remedy for misrepresentation for fraud is

rescission

The reward published in the classified section of the newspaper

s an offer and it's also part of a unilateral contract once the act for which reward is offered is performing claim.

voluntary consent, can be used to

set a contract aside, because without it there's no true meeting of the minds.

If a law or State actually creates classification based on a suspect trait that law or state action will be tested under which of the following equal protection tests

strict scrutiny test

One of the issues with merely complying with the law or minimum is

that just because an action is legal, does not mean that it is ethical

the categorical imperative requires

that people evaluate their actions in light of the consequences that would follow up everyone acted in the same way.

for a contract to be void double did intoxication proof of intoxication requires

that the intoxicated persons judgment was severely impaired that he or she could not comprehend the legal consequences of entering into the contract.

the neutral third party decides the case in arbitration is called the

the arbitrator

In paulsgrav vs Long Island railroad he plane if Ellen paul's graph was injured one another railroad passenger drop the package that exploded and cause some scales in the railway station to fall on her caused her stutter for the rest of her life but anyway, she said, the railroad for injuries and the New York appeals court which are the case held the railroad not liable, because

the causation was not proximate.

The instructions given by a judge to the jury members before they commit deliberations is sometimes called

the charge

In Catsenback versus in the pond where are the owners of ali's Barbecue in Alabama file suit in Federal Court against the US Attorney General Neil Catsenback In order to obtain injunction against the enforcement of the 1964 Civil Rights Act, which prohibits racial discrimination always lost the case because

the commerce clause Of the US Constitution gives Congress, the power to regulate interstate commerce in ali's was engaged in interstate commerce under various interpretations.

The Bill of Rights refers to

the first 10 amendments to the US Constitution.

the burden of proof of the civil cases by

the greater way to the evidence

In a local newspaper advertisement the we're talking county advertise or solicit seal bids for construction of a new jail. And they licensed general contractor submits a did bid, which is later accepted by the county based on these facts,

the newspaper ad asking for bids is not an offer. But the bid was the offer, and it was accepted by the county and therefore created a contract.

Bob is a builder is not licensed in North Carolina and he contracts with a gentleman to build an addition on that person's mansion In boone for 35,000 Bob the builder is finished with the job and demands final payment,

the owner of the probity does not have to pay him

Miranda warnings, include

the right to remain silent and explanation that anything that said can and will be used against the individual court right consultant attorney and that, if the individuals indigent does not have funds to hire an attorney and lawyer will be appointed to represent him or her.

In a bilateral contract

there's a promise for a promise

In a unilateral contract

theres a promise for an act

Covenants to non compete are usually upheld as long as

they are reasonable in time and geographical scope and protect a legitimate business interest and are not too broad or vague and consideration is given for agreeing to the Covenant. In most states they are not allowed at all.

owners of land landlords have a duty of care toward

trespassers licensees and invitees

Other than a first amendment Defense or the additional burden of proof that public figures have the basic defenses to defamation

truth and privilege communications

knife that's super sharp and a young child gets hurt by it question is, you know his company liable, because their knife is sharp.

turns out, they gave a warning label, it is an obviously dangerous product it's not dangerous beyond the expectation to ordinary consumer and no less dangerous alternative is economically feasible in the warnings given.

Although adequacy of considerations normally not an issue for the courts grossly inadequate consideration could be evidence of

undue influence, dress

An oral contract for a sale or an interest in real properties is

unenforceable under the statute of frauds in North Carolina the Statute

specific performances remedy of choice for sellers breach of contract for sale of real estate, because each parcel of land is considered

unique

The charging of excessive or quote illegal interest in all is in a loan of money is called

usury

which lady was declared incompetent by a court hearing and was has not had her competency restored she slips away or slipped away. rom her guardian later that day and went home and sold her cars and jewelry and Frank Sinatra vinyl album collection to her neighbor. For an undisclosed amount of money this transaction is

void abinicio

the standard of care used to determine whether a person to actually constitutes negligence, is

whether the action were reasonable under the circumstances

contracts, as I said, may be in

writing verbal express or implied, so all the above are correc

example in here about a fellow is going to repaint his car.

you can have consideration where somebody refrains from doing something that they have a legal right to do.

Let's say that you know somebody or somebody does this they quote a friend entails you that a person, you know, is a child molester in fact he's not a child molester But you're just repeating the rumor that you heard,

you're still guilty of a tour of slain or liable for the tourists.