legal studies final

1. During which decade was the Freedom of Information Act passed?

1960s

1. Which of the following is a major obstacle to genuine assent in contracts?

A mistake

1. According to the Uniform Commercial Code, which of the following is a recognized exception to the writing requirement of the statute of frauds?

An oral contract for customized goods

1. The ____ is the administrative agency that interprets and enforces the National Labor Relations Act.

National Labor Relations Board

1. Which of the following is an accurate statement regarding primary obligations and the statute of frauds?

Primary obligations are not within the statute of frauds and therefore need not be in writing to be enforceable.

1. _____ damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future.

Punitive

1. Which of the following is not included in the types of rules administrative agencies may enact?

doctoral

1. A(n) ____ is a party who agrees to do something under a contract.

obligor

1. If one or both contracting parties have the ability to either withdraw from or enforce the agreement, the contract is ____.

voidable

A(n) ____ contract means that one or both parties have the ability to either withdraw from on enforce the agreement

voidable

1. For a mutual mistake to interfere with legal consent, it must involve all but which of the following?

A contract for the sale of goods transaction that provided ambiguous bargaining power

1. Which of the following is an accurate statement regarding the liability of a delegator?

A delegator is not relieved of his or her duty to perform an assignment by making a delegation.

1. ____ is a false statement of material fact made by a party who thinks it is true but who would have known the truth about the fact had he or she used reasonable care to discover or reveal it.

A negligent misrepresentation

1. ____ is any type of financial instrument identifies in the Securities Act of 1933.

A security

1. When can an administrative law judge render an order?

After a hearing

1. Which of the following statements regarding at-will employment is incorrect?

An at-will employee is entitles to due process prior to termination of employment.

1. In the context of contract law, _____ is a false statement about a fact material to an agreement that the person who made the statement believed to be true.

An innocent misrepresentation

1. ____ rule making allows an agency to decide whether public participation in the rule-making process will be allowed.

Exempted

1. The ____ is the government publication in which an administrative agency publishes each proposed rule.

Federal Register

1. If an unforeseen event occurs that makes it physically or legally impossible for a party to carry out the terms of a contract, the parties will be discharged due to ____.

Impossibility or performance

1. The Investment Company Act defines a (n) ____ investing, reinvesting, or trading in securities.

Investment company as any entity that is engaged primarily in the business of

1. Which of the following is an accurate statement regarding objective impossibility?

It discharges the parties' obligations under a contract.

1. In the context of the discharge of a contract by law, which of the following is an accurate statement regarding subjective impossibility of performance?

It does not discharge the parties' obligations under a contract.

1. The ____ allows the Securities and Exchange Commission to suspend securities trading if prices vary excessively in a short time period.

Market Reform Act

1. Which of the following is a main situation in which a third party gains rights to a contract to which he or she is not a party?

One of the contracting parties transfers rights or duties to the third party.

1. The ____ regulates how companies issue corporate securities, while the ____ oversees the purchase and sale of securities.

Securities Act of 1933; Securities Exchange Act of 1934

1. In which decade was the Insider Trading and Securities Fraud Enforcement Act passed?

The 1980s

1. Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and evidence of prior dealings or usage of trade?

The parol evidence rule prohibits the admissibility of evidence or prior dealings or usage of trade.

1. In the context of discharge of contracts by law, what is the legal effect of impossibility of performance?

The parties to the contract will be discharged.

1. According to the Uniform Commercial Code, all but which of the following satisfies the writing requirement for sales contracts?

The parties' actions

1. Which of the following is not a recognized requirement for a successful claim under the Americans with Disabilities Act?

The plaintiff's disability was a physical, not mental, nature

1. ____ refers to those special relationships in which one person has taken advantage of his or her dominant position in the relationship to persuade the other person.

Undue influence

1. The Family and Medical Leave Act does not cover ____.

a friend's surgery

1. Which of the following is not a recognized defense to liability under the Equal Pay Act?

a gender classification system

1. In the context of financial instruments, which of the following is not an example of a security?

any contract

1. On June 26, 2015, in a historic 5-4 ruling, the Supreme Court of the United States found ____.

bands on marriage equality to be unconstitutional

1. The process whereby workers organize and bargain with employers regarding the workplace is known as ____.

collective bargaining

1. If a promise in a contract is intended to release a party from an obligation to a third party, such as the paying of one's debt, the contract involves a(n) ____ beneficiary.

creditor

1. With a delegation, the ____ transfers his or her duty to perform to a third party who is not part of the original contract.

delegator

1. At a minimum, employer privacy policies should cover all but which of the following issues?

employee right to all financial records of the employer

An ____ agency is typically located within the executive branch

executive

1. What are the two types of administrative agencies?

executive and independent

1. The Administrative Procedures Act allow ____ rule making for proceedings regarding military of foreign affairs.

exempted

1. In the context of contract formation, a(n) ____ mistake is shared by both parties to the agreement.

mutual

1. When both parties to a contract are mistaken about either a current or a past material fact, it is referred to as a(n) ____ mistake.

mutual

1. Destruction of a contract's subject matte due to no fault of the parties constitutes ____ impossibility.

objective

In the context of impossibility of performance, ____ impossibility means it is in fact not possible to lawfully carry out one's contractual obligations

objective

1. Attorney Jack Highlander agrees to represent Charity Vance in a divorce proceeding next month. In this specific context, Highlander is a(n) ____ under the contract.

obligor

A(n) ____ is a binding decision rendered by a judge

order

1. Which of the following is not one of the three periods of the filing process?

overtime

1. The National Labor Relations Board's functions include all but which of the following?

promote open shops and the right to work, especially in traditionally unionized states

1. Which of the following is a distinct form of sexual harassment?

sexual harassment that involves the creation of a hostile work environment

1. The process of obtaining the authority to vote on behalf of shareholders is known as proxy ____.

solicitation

1. The prefiling period in the filing process begins when an issuer ____.

starts to think about issuing securities

In the context of impossibility of performance, ____ impossibility means it would be very difficult to carry out a contract

subjective

Administrative law consists of the ____ and _____ rules created by administrative agencies

substantive; procedural

1. Which of the following is a crucial act that regulates securities transactions?

the Securities Act of 1933

1. Which of the following is not a relevant factor in determining the appropriate amount of punitive damages?

the wealth of a plaintiff

1. Which of the following is not a category of monetary damages for a breach of contract?

traditional

1. Which of the following are the two types of mistakes related to contract formation and enforcement?

unilateral and mutual