Law exam T/F

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A contract involving interests in property of any kind must be in writing to be enforceable.

False

A court will normally interpret the language of a contract according to what the parties claim their was when they made it.

False

A default judgement is entered against a party only on proof that he or she was at fault in the matter at issue.

False

A key to avoiding business disputes is to go ahead without thinking ahead.

False

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgement for the other side.

False

As a defense to product liability, comparative negligence completely absolves a defendant of liability.

False

Federal law permits the intentional interception of any wire, oral, or electronic communication.

False

Interrogatories are written questions for which written answers are prepared by a judge.

False

No court offers mediation as an option before a case goes to trial.

False

Property used by a government for a public purpose such as a park is community property.

False

Real property can not be turned into personal property by any method.

False

Statutory law does not include county ordinances

False

The U.S Constitution reserves to the federal government all powers not granted to the states.

False

The common law is a term for the laws that are familiar to most of us.

False

The courts, in interpreting statutory law, may rely on the common law as a guide to what the legislators intended.

False

The exterior boundaries of land extend down to the depth of the deepest hole and up to the height of the tallest structure and no further.

False

The federal government can regulate almost every commercial enterprise in the United States.

False

The fifth amendment prohibits unreasonable searches and seizures of persons or property.

False

The first amendment protects even speech that violates criminal laws.

False

voir dire refers to the seriousness of the controversy in a case.

False

A bilateral contract comes into existence at the moment promises are exchanged.

True

A defamatory statement must be communicated to a third party to be actionable.

True

A law that prohibits or inhabits a person from exercising a fundamental right because of their national origin will be subject to "strict scrutiny" under the equal protection clause.

True

A person's intent to return embezzled property—- or its actual return——-is not a defense to the crime of embezzlement.

True

A statute of limitations may restrict the time within an action in product liability may be brought.

True

Failure to live up to a standard of care may be an act or an omission.

True

False imprisonment occurs when a person restrains another intentionally and without justification.

True

In order to be patentable, the subject must be novel, useful and non-obvious.

True

In some states, an otherwise unenforceable oral contract may be enforced under the doctrine of promissory estoppel.

True

It is not possible to copyright an idea.

True

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

True

The u.s. constitution is the origin of the authority for making laws that govern business.

True

Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.

True

Under the statute of frauds, land includes physical objects permanently attached to it, such as buildings, fences, trees, and soil.

True

Using a domain name that is identical or similar to the trademark of a competitor represents an attempt to profit from the competitor's goodwill.

True


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