test 2

Which of the following is a court's power to hear certain kinds of cases?

Subject-matter jurisdiction

Mr. Green contracts with Mr. Brown to repair his roof. Mr. Brown is about 75% done when the deadline of the contract occurs. Which legal standard would prevent Mr. Brown from being considered to be in breach of his agreement with Mr. Green?

Substantial performance standard

The rights to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of:

procedural due process

The Latin phrase ________ means to "let the superior speak."

respondeat superior

Within the ________, "land" encompasses not only the land and soil itself but anything attached to the land.

statute of frauds

Tort law is set by federal law that is then implemented by the states.

False

Which of the following is not a basic limit on agency power?

Approved

Alana, who runs a flower shop, sells Jose a shotgun. Jose is unemployed, and Alana has never before sold a firearm in her life. Which of the following is true?

Article 2 of the UCC applies because a shotgun is a movable thing.

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

Assault

Which statement below is NOT true with respect to the rights of an assignee and assignor?

Assignees are offered more protection than assignors.

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Because the federal government has only those powers granted to it by the Constitution

Actual cause is also known as ________.

Cause in fact

Agencies typically act more swiftly than ________ in creating and enacting laws.

Congress

A detriment to a promisor is a type of consideration.

False

An agent may use the agency relationship to obtain property for himself or herself when the principal desired to obtain the same property.

False

Bilateral contracts are a promise plus a requested action.

False

Corporations are not protected by the First Amendment.

False

Formal rule making is also called notice-and-comment rule making.

False

If a minor enters into a contract with an adult, both parties may disaffirm the contract based upon the minor's lack of majority.

False

In relation to contracts, the term "consideration" pertains to parties acting in an ethical manner

False

Judicial review is explicitly laid out in the Constitution.

False

Juries decide questions of law.

False

The Third Amendment protects citizens from unreasonable search and seizure.

False

The active hiding of the truth about a material fact is called nondisclosure.

False

The mirror-image rule says that terms of an acceptance can slightly be changed in order to benefit both parties.

False

The term "Bill of Rights" includes all amendments passed in support of the Constitution.

False

In the U.S. system of torts, torts are commonly classified as:

Intentional, negligent, or strict liability.

Which of the following is true regarding tools of discovery?

Interrogatories, depositions, and requests to produce documents are all tools of discovery available to all parties.

Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional?

Judicial review

The First Amendment provides that "Congress shall make no law ... abridging the freedom of speech." What is often described as being at the "core" of the First Amendment?

Political speech

What is the standard of proof that the plaintiff must satisfy in a tort case?

Preponderance of the evidence

Which of the following is a definition for consideration?

Refraining from unethical behavior in the negotiation of contracts.

In the landmark case of Marbury v. Madison, the U.S. Supreme Court determined that ________.

The courts had the power to determine whether or not legislative and executive actions were constitutional

Jurisdiction refers to:

The courts' power to render binding decisions on parties before them.

Which of the following factors is most likely to distinguish employees from independent contractors?

The principal's right to control the manner and means of the agent's performance

What does the Fifth Amendment's takings clause reference?

The requirement that the government pay the owner just compensation if the government wants to take private property for public use.

Which of the following is the best definition of the term "police power"?

The residual powers retained by each state to safeguard the health and welfare of its citizenry.

A gratuitous agent is one who acts without consideration.

True

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

True

An employer can hire an independent contractor to complete an inherently dangerous activity to escape liability just in case something goes wrong.

True

An order requiring that the breaching party fulfill the terms of the agreement is called specific performance

True

Business law consists of the enforceable rules of conduct that govern commercial relationships

True

Completion of all of the terms of a contract is required for substantial performance.

True

In determining whether a party is an incidental or intended beneficiary, one factor courts consider is whether the contract directly states that the third party is the benefiting party

True

In many cases, a blind person will be held to a different standard of reasonable care than a person who can see

True

Privity of contract is usually required in order for a party to be bound to a contract or have rights under a contract.

True

The privileges and immunities clause prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.

True

The severity of potential harm is a factor in determining whether a reasonable person would have owed a duty to others.

True

Because their contracts are ________, minors have the right, until a reasonable time after reaching the age of majority, to _______ or void their contracts.

Voidable; disaffirm

The Commerce Clause has become a federal power with an extensive regulatory reach. This is largely due to judicial decisions regulating:

activities that substantially affect interstate commerce.