Legs 3010 Final Study Guide
Which of the following is an incorrect statement about an employer-employee relationship?
A. An employee is also known as an independent contractor. B. Not all agents are employees. C. Even employees not legally authorized to enter into contracts binding their employer are considered agents. D. Generally, all employees are considered agents of the employer. A.
Once an agency relationship's purpose has been fulfilled, ______.
A. the agency relationship terminates B. the agency agreement is voidable at the election of the agent C. the agency agreement is voidable at the election of the principal D. the agency agreement automatically renews for the original time period specified in the agreement B
A voidable contract may be rescinded. T OR F
T
The plaintiff has the burden to prove all four elements of a negligence case. T or F
T
True or false: Employers can prohibit employees from using social media to initiate group action. T or F
F.
Which of the following is an inaccurate statement regarding the communication of the acceptance of an offer?
A. Generally, telephone acceptance is acceptable. B. Generally, telegraph acceptance is acceptable. C. If no means of communicating an acceptance is specified, it is mandatory for an acceptance to be in writing. D. If no means of communicating an acceptance is specified, e-mail acceptance is valid. C.
Whenever an employer hires an employee to perform some sort of physical service, the parties have created an ______ relationship.
A. employer-employee B. employer-steward C. employer-independent contractor D. employer-third-party beneficiary A.
Federal courts of _______ jurisdiction have the power to hear a wide range of cases and can grant almost any type of remedy.
A. general B. exclusive C. intermediate appellate D. appellate A.
Which of the following is a power possessed by administrative agencies?
A. the power to render a summary judgment B. the power to issue a subpoena C. the power to render a judgment on pleadings D. the power to issue a writ of mandamus B.
A voidable contract may be rescinded. TRUE OR FALSE
F
Assault and battery are always synonymous. T or F
F
Disparagement and unfair competition can be used interchangeably. T or F
F
Food disparagement is an unintentional tort. T or F
F
In the post-trial procedure, if there's not a guilty verdict, prosecution can appeal.
F
It is not a crime when an employee uses a work computer in a manner not authorized. T OR F
F
Strict liability is liability with fault. T or F
F
The U.S. Constitution provides more express protections for a civil defendant than for a criminal defendant. T or F
F
The basic limits on administrative agency power include all but which of the following?
A. collaborative B. political C. Judicial D. statutory A.
In a(n) __________ system of litigation, a neutral fact finder hears evidence and arguments that opposing sides present and then decides the case on the basis of the facts and law.
A. collaborative B. punitive C. strict liability D. adversary D.
According to the Uniform Commercial Code, which of the following is a recognized exception to the writing requirement of the statute of frauds?
A. A contract for the sale of goods priced at $500 or more B. A contract that, according to its terms, cannot be performed within one year from the date of its making C. An oral contract for customized goods D. A contract for the sale of real estate C.
The ______ is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in such plans.
A. Consolidated Omnibus Budget Reconciliation Act B. Family and Medical Leave Act C. Occupational Safety and Health Act D. Employee Retirement Income Security Act D.
Which of the following is an accurate statement regarding the relationship between the parol evidence rule and void or voidable contracts?
A. Courts allow parol evidence to demonstrate that a contract is void or voidable. B. Courts do not allow parol evidence to demonstrate that a contract is void. C. Courts allow parol evidence to demonstrate that a contract is void but not to demonstrate that a contract is voidable. D. Courts do not allow parol evidence to demonstrate that a contract is voidable. A.
Which of the following is an accurate statement regarding legal remedies and equitable remedies for a breach of contract?
A. Equitable remedies are available in a breach of contract action, while legal remedies are not. B. Both legal remedies and equitable remedies are potentially available in a breach of contract action. c. Both legal remedies and equitable remedies are known as money damages. D. Legal remedies are available in a breach of contract action, while equitable remedies are not. B.
Which of the following is an accurate statement about the effect of lapse of time on agency relationships?
A. If an agency agreement specifies that the agency exists for a certain time, the relationship ends when the amount of time expires. B. If an agency agreement specifies that the agency exists for a certain time, the agency automatically renews the relationship when the amount of time expires. C. All agencies end as a result of lapse of time. D. Lapse of time has no effect on the existence of agency relationships. A.
Which of the following is an incorrect statement regarding the subsequent modification of an existing, written contract?
A. If the contract's terms require modifications to be in writing, oral modifications are nevertheless admissible. B. If the contract's terms require modifications to be in writing, oral modifications are unenforceable. C. If the statute of frauds requires the agreement to be in writing, oral modifications are unenforceable. D. Oral evidence of a subsequent written agreement is admissible. A.
Where does arbitration occur?
A. In the trial judge's chambers B. Outside the judicial setting C. In the courtroom D. Before an en banc panel of the intermediate appellate court B.
In the context of the discharge of a contract by law, which of the following is an accurate statement regarding subjective impossibility of performance?
A. It discharges the parties' obligations under a contract. B. It does not discharge the parties' obligations under a contract. C. It is also known as illusory impossibility. D. It is also known as objective impossibility. B
The ______ Act primarily governs the internal operations of labor unions.
A. Landrum-Griffin B. Taft-Hartley C. Wagner D. National Labor Relations A.
Which of the following is an incorrect statement regarding whether a principal can be held liable if an agent misrepresents himself or herself to a third party?
A. Misrepresentation liability depends on whether the principal authorized the agent's act. B. In case of misrepresentation, the third party can cancel the contract with the principal and be compensated for any money spent. C. Misrepresentation liability depends on whether the agent was acting in the scope of employment. D. The principal may be tortiously liable for the agent's misrepresentation. C.
Which of the following remedies is not available under Title VII of the Civil Rights Act?
A. corporate equity B. equitable relief C. remedial seniority D. punitive damages A.
Which of the following remedies is not available under Title VII of the Civil Rights Act?
A. corporate equity B. punitive damages C. remedial seniority D. equitable relief A.
Which of the following is an accurate statement regarding the tolling of the statute of limitations and contract enforcement?
A. Once the statute of limitations has tolled, the obligor can sue the obligee for a breach of contract. B. Once the statute of limitations has tolled, either party can sue the other for a breach of contract. C. Once the statute of limitations has tolled, neither party can any longer sue the other for a breach of contract. D. Once the statute of limitations has tolled, the obligee can sue the obligor for a breach of contract. C.
Which of the following is an accurate statement regarding the amount of punitive damages in a Title VII action?
A. Punitive damages are capped at $250,000 for firms with 100 or fewer employees. B. Punitive damages are capped at $1 million for employers with more than 500 employees. C. Punitive damages are capped at $500,000 for employers with 101 to 200 employees. D. An employer is not liable for punitive damages as long as it made good-faith efforts to comply with federal law. D.
Which of the following refers to a person's legal right to bring an action in court?
A. Standing to sue B. In rem jurisdiction C. The right of subrogation D. In personam jurisdiction A.
Which of the following is an incorrect statement regarding a contract under seal?
A. States today require contracts to be under seal. B. Parties using a preprinted contract with a seal printed on it are presumed to be adopting the seal for the contract. C. Ten states still allow a contract without consideration to be enforced if it is under seal. D. Today, a contract under seal is likely to be identified with the word "seal" instead of a wax impression. A.
During which decade was the Age Discrimination in Employment Act enacted?
A. The 1970s B. The 1960s C. The 1980s D. The 1990s B.
What is the legal effect of the death or incapacity of a party whose personal services are necessary to fulfill the terms of the contract?
A. The contract is nevertheless enforceable, and a new party must be appointed to perform the obligation of the deceased or incapacitated party. B. The court will recognize a quasi-contract to address the death or incapacity. C. The contract is discharged. D. The contract is in breach, and the defendant or the defendant's estate can be sued for damages resulting from said breach. C.
A default judgment is a judgment in favor of the __________ that occurs when the __________ fails to answer the __________.
A. defendant; plaintiff; reply B. plaintiff; defendant; counterclaim C. plaintiff; defendant; complaint D. defendant; plaintiff; complaint C.
An exception to the rule regarding liquidated debt occurs when the debtor offers ______ performance.
A. different B. conditional C. unliquidated D. partial B.
Which of the following is one of a third party's options when an agent misrepresents himself or herself to the third party?
A. The third party can sue both the principal and the agent for liquidated damages resulting from the misrepresentation. B. The third party can prosecute the principal in criminal court for the misrepresentation. C. The third party can prosecute the agent in criminal court for the misrepresentation. D. The third party can affirm the contract and sue the principal to recover damages. D.
Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts with serious and obvious typographical errors?
A. Whenever a written agreement contains a serious and obvious typo, parol evidence is admissible to set forth the proper term. B. Allowing parol evidence to correct a typo does not fundamentally alter a written agreement. C. A written agreement is clarified by allowing parol evidence to correct a typo. D. A written agreement is fundamentally altered by allowing parol evidence to correct a typo. D.
Which of the following U.S. presidents issued the Executive Order on Ethics Commitments by Executive Branch Personnel?
A. William Clinton B. George H. W. Bush C. George W. Bush D. Barack Obama D.
According to the mirror-image rule, if the terms of the acceptance of an offer do not mirror the terms of the offer, ______.
A. a contract is formed for the terms that match B. no contract is formed C. the attempted acceptance is a revocation D. the attempted acceptance is a rescission B.
Under the Employee Retirement Income Security Act, employers must provide individuals in pension and health plans with all but which of the following?
A. a grievance and appeals process for participants to get benefits from their plans B. the right to sue for benefits and breaches of fiduciary duty C. an employer-sponsored insurance program covering potential plan losses D. assurances of the fiduciary responsibility of those in charge of managing and controlling plan assets C.
On June 26, 2015, in a historic 5-4 ruling, the Supreme Court of the United States found _____.
A. bans on the right to marriage to be dependent on citizenship B. the unequal treatment of same-sex marriages to be constitutional C. bans on marriage equality to be unconstitutional D. same-sex unions to be illegal in all states C.
Some administrative agencies do not fall clearly into executive or independent agency categories. These agencies are typically referred to as ______ agencies.
A. collaborative B. dual C. hybrid D. dual-purpose C.
In addition to losing the benefit of a bargain, a plaintiff may suffer other losses caused directly by a breach. These losses may be compensated as ______ damages.
A. incidental B. punitive C. nominal D. exemplary A.
If an unusual change in circumstances leads the agent to reasonably believe that the principal's instructions do not apply, the agency relationship ______.
A. inures to the benefit of a donee beneficiary B. inures to the benefit of a creditor beneficiary C. terminates D. continues until judicial nullification of the relationship C.
Once the potential jurors have reported for jury duty, the __________ process begins.
A. jury deliberation B. juror absolution C. mock trial D. voir dire D.
Which of the following is not a recognized way to terminate an offer?
A. lapse of time specified in the offer for acceptance B. destruction of the subject matter of the offer C. revocation by the offeror D. death or incapacity of the offeree D.
Which must exist for a quasi contract to be enforced by the courts?
A. misplaced order B. innocent mistake C. unjust enrichment C.
When an entire contract is conditioned on something occurring first, that first thing is known as a condition ______.
A. subsequent B. precedent C. ultimatum D. requisite B.
Which of the following acts includes "Labor's Bill of Rights" that is purportedly designed to protect employees from their own unions?
A. the National Labor Relations Act B. the Taft-Hartley Act C. the Landrum-Griffin Act D. the Labor-Management Relations Act C.
A convenient way to research contract law is to reference ______.
A. the Restatement (Third) of the Law of Agreements B. the Restatement (Second) of the Law of Business C. the Restatement (Second) of the Law of Contracts D. the Restatement (Third) of the Law of Commerce C.
Once an agency relationship's purpose has been fulfilled, ______.
A. the agency relationship terminates B. the agency agreement is voidable at the election of the principal C. the agency agreement is voidable at the election of the agent D. the agency agreement automatically renews for the original time period specified in the agreement A.
How does an individual become a member of the board of commissioners of an independent administrative agency?
A. through appointment by the U.S. Senate with the advice and consent of the U.S. president B. through appointment by the U.S. Senate with the advice and consent of the U.S. House of Representatives C. through appointment by the U.S. president with the advice and consent of the U.S. Supreme Court D. through appointment by the U.S. president with the advice and consent of the U.S. Senate D.
Adhesion contract is a contract created by a party to an agreement that is presented to the other party on a take-it-or-leave-it basis. T or F
T
Anticipatory repudiation discharges the non-breaching party from his obligations under the contract. T OR F
T
Assumption of the risk is a defense to a negligence claim. T or F
T
Battery is not an intentional tort against property. T or F
T
Business ethics refers to standards of business conduct. T OR F
T
Computer crimes are often difficult to prosecute, particularly since they are difficult to detect. T or F
T
Heavily one-sided agreements are known as unconscionable agreements. T or F
T
If the subject matter of the offer is destroyed or becomes illegal, the offer immediately terminates. T OR F
T
In 1991, there was a shift to determinate sentencing, under which federal sentences are determined largely by sentencing guidelines prescribing a specific range of possible penalties for each crime. T or F
T
In a bench trial, the defendant has waived his or her right to a jury trial. T or F
T
In a criminal proceeding, the government files the charges against a defendant. T or F
T
Slander can occur in speech or a news broadcast. T or F
T
The grand jury consists of a group of citizens who consider evidence in a criminal case to determine if there is enough evidence to bring a defendant to trial. T OR F
T
The plaintiff has an obligation to try to mitigate one's damages in a breach-of-contract case. T OR F
T
The prosecutor always brings the criminal case in a criminal procedure. T or F
T
The universalization test asks us to consider what the world would be like were our decision copied by everyone else. T OR F
T
Libel can occur in a magazine or a newspaper. T or F
True
