BA 230 quiz questions

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the minimum amount required for a federal diversity suit is

$75,000

the law of which country provided the roots for US law

England

Jack mails an offer to Joan that states, "I offer to sell you my car for $2000. If I do not hear from you in 10 days, I will assume you are willing to buy the car for the stated price." Jack hears nothing by the deadline and assumes he has a deal. What is the result?

Joan is not bound. Generally an offeree must say or do something to accept an offer

When myrtle comes home from work one evening, she finds that her yard has been mowed and trimmed. Later, a man comes to collect for the yard work done Myrtle refuses to pay for the work since she has never seen the man before and did not hire him to do her yard work. Which of the following answers is most accurate?

Myrtle would not have to pay for the yard work

Walter worked nights as a clerk in a fast-food store. On his last work shift, Walter's boss told him, "I'm really grateful for the year that you have worked here. I am going to give you a bonus of $1,000 in your last paycheck". When Walter got his last paycheck, there was no bonus. If Walter sues, the likely result will be

Walter will lose, as he gave no consideration. Past consideration is generally no consideration.

Keith offers to sell his business to Debbie for $125,000. Debbie replies "your price is too high. I will buy your business for $100,000" Debbies response is

a counter offer

a complaint filed in a lawsuit could not contain which of the following

a counterclaim

which of the following is not included in a complaint?

a counterclaim

Extreme publications, Inc., disseminates obscene materials. This is

a crime

Sam, a citizen of New Mexico, wants file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for

a federal district court to exercise original jurisdiction

Which of the following constitutes legal consideration?

a promise based upon a change in duties

Lori and Mike orally agree to several different contracts. The statute of frauds will bar enforcement of an oral contract for

a sale of land

Carl promises to trim the hedge in Donna's yard in exchange for Donna's promise to fix Evan's mailbox. This is

a third party beneficiary contract

Mona falsely accuses Nick of stealing from their employer. The statement is slander only if

a third party hears it

The mailbox rule applies to

acceptances communicated through the offer's stipulated means

the occupational safety and health administration promulgated a rule requiring guards for hand-fed circular

administrative law

commercial products company (CPC) markets its products nationwide. When making a decision, CPC must take into account the needs of

all of the above

congress enacts a law that restricts commercial speech. This law will be considered valid if it

all of the above

which of the following is NOT an advantage of arbitration

always nonbinding

Rob's transfer of rights he has under a contract with Sam to Tina is

an assignment

Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have

an express contract

"I'll sell you my car if I decide to sell it" is an example of

an illusory promise

Tom enters a coffee shop in which he has a charge account, fills a cup of coffee, holds it so the cashier can see it, acknowledges the cashier's nod, and walks out with the coffee, knowing that he will be billed for it at the end of the month. Tom has formed

an implied-in-fact contract

The intent of the offerer to extend an offer to the offeree is generally determined by reference to

an objective assessment of the words and conduct of the offeror

The intent of the offeror to extend an offer to the offeree is generally determined by reference to

an objective assessment of the words and conduct of the offeror

Indiana enacts a statute that bans the distribution of anonymous political leaflets. A court would likely hold this to be

an unconstitutional restriction of speech

Minnesota enacts a statute to ban advertising in "bad taste". This statute would likely be held by a court to be

an unconstitutional restriction of speech

which of the following methods of alternative dispute resolution involves a hearing?

arbitration

peremptory challenges

are generally limited in each case

long-arm statutes

are simply procedural statutes that still require minimum contracts for use

A train's brakes malfunction and it rolls towards maintenance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. Dick is hit by the train and sues the brake's manufacturer. The manufacturer can raise the defense of

assumption of risk

Paula, a resident of california, owns a farm in Iowa A dispute arises over the ownership of the farm with Don, a resident of Nevada. Don files a suit against Paula in Iowa. Regarding this suit, Iowa

can exercise in rem jurisdiction

cold products, Inc. manufactures snowboards, which it sells to sporting good outlets. Sporting good outlet sells cold boards to consumers, including Mike. Mike is injured while using the board. In a product liability suit based on strict liability, Mike may recover from

cold products

which of the following is the first document filed in a lawsuit

complaint

eagle manufacturing corporation could demonstrate a commitment to ethical behavior by

complying with the law, establishing ethics codes, and making money

Alpha company, a business firm based in California, advertises on the web. A court in new jersey would most likely to exercise jurisdiction over Alpha if Alpha

conducted substantial business with New Jersey residents at its web site

Sam files a complaint in a suit against Tina, and she files an answer. At this point, this case may be

dismissed or settled before the parties enter a courtoom

Greg uses threats of physical harm to force Kim to enter into a contract. This is

duress

in making business decisions, Owen, a certified financial planner with private investment corporation, attempts to apply his belief that human beings have fundamental rights. This belief is implied by

duty-based ethical standards and Kantian ethics

Bob is injured in a car accident and files a suit against Mary, whom Bob alleges was driving negligent. Mary claims that Bob was driving more carelessly than she was. Comparative negligence in tort cases may reduce a plaintiff's recovery

even if the plaintiff was only a small fraction at fault

April put an advertisement in the newspaper advertising the sale of her computer for $500. Simultaneously, six people responded to the ad by mail with formal written acceptances. April is bound on six contracts to sell her computer for $500

false

I tell you that if you promise to paint my house this month, I'll pay you $1,000 when you finish the job. If you accept, this is a unilateral contract

false

On Monday, Harry mails an offer to Sally to sell his guitar for $50. Monday night when jamming with his buddies, he decides he will really miss his old guitar and has second thoughts about selling it. Tuesday morning he puts a revocation in the mail informing Sally he has changed his mind and the guitar is no longer for sale. The revocation is effective upon dispatch

false

Sandra sued her employer, Cape Inc., claiming that she was sexually harassed on the job. This is a criminal lawsuit

false

When olga asks Sven if he wishes to sell his harley motorcycle, he replies that he would not sell it "for less than $2,000". Olga replies, "I accept", and hands him $2,000. A contract exists.

false

a defendant always has the burden of proving that the plaintiff's claim is not correct

false

a judge's function is to make the law

false

a mini-trial is a public method of dispute resolution

false

a promise o pay for an act performed in the past creates a valid contract

false

a state court cannot exercise jurisdiction over all of the property located within the boundaries of the state

false

a state court system is typically made up of trail courts, appellate courts, and federal district courts

false

according to utilitarianism, it does not matter how many people benefit from an act

false

after a decision has been rendered in a case, neither party may file an appeal

false

an offer is effectively communicated upon mailing or dispatch

false

appellate courts may elect to hear new evidence in a lawsuit

false

commercial speech is protected as extensively as noncommercial speech by the first admendment

false

common law is a term for law that is common throughout the world

false

constitutional law includes only the US constitution

false

courts do not depart from precedents

false

diversity of citizenship and a claim of $75,000 or more and a federal question are required for a federal district court to take jurisdiction on a case

false

economic need is alway sufficient to constitute duress

false

if Valley bridge contracts with rainbows to paint a bridge and the contract requires that only Sherwin Williams paint be used, then Sherwin Williams will be able to enforce the contract against either Valley Bridge or Rainbow Painters

false

ignorance of the law will always excuse a business from liability for a violation of that law

false

only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product

false

state police powers relate solely to criminal law enforcement

false

statutory law does not include country ordinances

false

the bill of rights confers absolute rights, not subject to interpretation by the US supreme court

false

the federal government cannot regulate commerce within a state, even if the commerce concerns more than one state

false

the results of mediation are generally binding

false

the statute of frauds provides that any contract not in writing is void

false

there is a specific guarantee of a right to privacy in the constitution

false

uniform laws apply in all states, including those in which the laws have not been adopted

false

unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship

false

unlike an options contract, a merchant's firm offer requires consideration to be valid

false

when both parties are mistaken as to the same material fact, neither party can rescind the contract

false

Local investment company and Midstate properties Inc contract for the sale of a retail mall. A mutual mistake of fact will make it possible for either party to rescind the contract

if the mistake of fact is material

High quality products Inc files a suit against international software corporation. Jay is a witness for high quality - Kim is a witness for international software. High quality may direct interrogatories to

international software only

a law that violates the US constitution

is invalid

Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma's suit:

is properly brought in Vermont's general trial court

Lora signs a covenant to compete with her employer, Midstate Distribution Inc. The covenant will be enforced if it

is reasonable with respect to geographic area and time

Pat loses a suit against Chuck. After the trial, Pat files a motion stating that even if the evidence is viewed in the light most favorable to Chuck, a reasonable jury should not have found in Chuck's favor. This is a motion for

judgment n.o.v.

common law refers to

law made when judges decide cases and then follow those decisions in later cases

if the US government bans the sales, in the US, of Whirligig, a child's toy, on the ground that is dangerous, it would be

legal but may be unethical to sell the toy outside the United States

Henry David Thoreau felt that was was unjust and therefore refused to pay his taxes when the US declared war on Mexico. Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax. The neighbor would be applying the jurisprudence theory of

legal positivism

a counterclaim is

made by a defendant

the doctrine of stare decisis

makes the law more predictable

Sam announces that he plans to sell his business for a stated price in the future. Tina gives Sam a check for the stated amount. Sam

may refuse to accept the check, because he only expressed an intent to do something in the future

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the US declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying?

natural law

Royal Properties Inc. mails a flyer to hundreds of firms, advertising a building for sale. Standard manufacturing company responds by saying "we accept your offer". Between royal and standard, there is

no contract

a motion for judgment on the pleadings

none of the above

excel dry-cleaning advertises so effectively that next day cleaners regular customers start going to excel instead of next day. excel has committed

none of the above

Wanda enters the Xtreme triathlon, an athletic competition. Regarding the risk of injury, Wanda assumes those risks

normally associated with this event

Robert hired James, a CPA, to prepare his tax returns. James was too busy and delegated the work to Sara, also a CPA. This delegation is

not enforceable, as Robert hired James to perform personal services

John owns a presidential candidate named Stumpy Watson. Stumpy just announced that he believes that the devinity is a shape shifting space alien. John, disgusted by Stumpy's inability to keep his mouth shut, exclaims in a loud voice, 'I will sell that idiot to the first person who hands me $100" John has

not made an offer because under the circumstances a reasonable person would not conclude that John made an offer

Bill offers to sell Wendy seven tons of steel. Wendy sends an acceptance letter, but without the proper postage. Wendy's acceptance is effective

on receipt

the legislature of the state of Mississippi enacts a new statute that sets standards for the liability of businesses selling defective products. This statutes applies

only in Mississippi

sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as

other engineers

Small claims courts are:

part of the state court system

The state of NY regulates private activities to protect or promote the public order, health, safety, and general welfare under its

police powers

which of the following is not a form of discovery

pretrial conference

Tyler offers to buy a laser printer, with a case of paper, and an extra cartridge, from Rick for $326. Rick says, "Ok, but no paper and no extra cartridge". Rick

rejected the offer and made a counteroffer

the doctrine of precedent

requires that judges decide current cases based on previous rulings

in studying business law, professor smith's students also study ethics in a business context. Ethics is the study of what constitutes

right or wrong behavior

In order to satisfy the statue of frauds, a writing must be

signed by the defendant and contain the name of each party, the subject matter of the agreement, and the essential terms and promises

Kidtoys, Inc. sells a toy truck with a dangerous defect. Phil buys the truck for his son but discovers the defect before the child is injured. Phil files a suit against Kidtoys. Kidtoys could ask for dismissal of the suit on the basis that Phil does not have

standing

when a law limits the liberty of all persons to do something, it may violate

substantive due process

coffee brokers Inc, offers to sell Java Roasters fifty bags of coffee beans. Java rejects the offer. The offer is

terminated

Ace earth movers, Inc, uses dynamite to prepare land for highway projects. Strict liablity is imposed on this activity because

the activity is extremely risk

Holly, a lawyer on the staff of international group, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on

the consequences of an action

the Ohio state legislature passes a law to regulate local delivery services. the final authority regarding the constitutionality of this law is

the courts

a default judgment results when

the defendant fails to file an answer in a timely fashion

good tire company designs and makes car and truck tires. In a product liability suit based on negligence, good tire could be liable for violating its duty of care with respect to

the design of the manufacture of the tires

Diana is a US citizen and the owner of eagle software systems, inc. The bill of rights embodies a series of protections for Diana and other individuals against various types of interference by

the government only

Mary wins her suit against national manufacturing company. National's best ground for appeal is the trial court's interpretation of

the law that applied to the issues in the case

Dick offered to sell Jane his 1955 thunderbird convertible. Before Jane can accept the offer, lightening strikes the car, and it is totally destroyed. Which of the following is true?

the offer is terminated by law

all powers not granted to the federal government by the US constitution are retained by

the states or the people

Alan files a suit against BiggCorp in a California superior court, which has general jurisdiction. Corner store files a suit against Donna in a California municipal court, which has limited jurisdiction. The difference between general and limited jurisdiction lies in

the subject matter of the cases that a court can decide

Which of the following types of contracts cannot be either contradicted or supplemented by evidence of prior agreements of expressions?

totally integrated contracts

"an offerors words and conduct mean whatever a reasonable person in the offeree's position would think they meant" is the basis for the objective theory of contracts

true

Minors or persons who, by reason of mental illness or defect, are unable to understand the nature and consequences of the transactions create voidable contracts

true

a contract entered into under undue influence is voidable

true

a contract voidable because of capacity may only be canceled by the party lacking capacity

true

a court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent

true

a delegation does not relieve the party making it of the obligation to perform if the party to whom the duty is delegated fails to perform

true

a deposition can be used at trial

true

a minor may accept and validate a contract with an adult

true

a person does not assume a risk that is different from the risk normally carried by an activity

true

a plaintiff could succeed in a product liability suit based on strict liability by showing that a product was unreasonably dangerous due to an inadequate warning

true

a plaintiff, suing for fraud, generally has the option of rescinding the contract or suing for damages

true

a promise to do some specified thing in the future is an offer

true

advertisements are generally not treated as offers to contract

true

an ethical issue involving conflicting duties can only be resolved by establishing which duties take priority over others

true

an individual's right to privacy includes the exclusive use of his or her identity

true

an offer to form a bilateral contract is accepted by a promise to perform

true

before a state court can exercise jurisdiction over an out-of-state defendant, it must be shown that he or she had minimum contacts with the state

true

bribery of foreign government officials is both an ethical and a legal issue

true

duty-based ethical standards imply that people have basic rights

true

generally, a state court can exercise jurisdiction over anymore within the boundaries of the state

true

generally, silence is not acceptance

true

in mediation, the parties use a third party as a go-between to facilitate negotiations

true

in most appealed cases, a trial court's decision is affirmed

true

interrogatories are only given to the parties in a case

true

interrogatories must be answered in writing and under oath

true

long-arm statutes give courts power to take jurisdiction over parties in other states in some cases

true

most large companies have established ethics programs

true

nondisclosure of a fact may amount to a misrepresentation in certain cases

true

procedural due process requires that any taking of a person's life, liberty, or property by government cannot occur without giving the person an opportunity to object before a fair, neutral decision maker

true

procedural law established the processes for settling disputes

true

review of a law on a substantive due process basis and review of a law on an equal protection basis considers similar questions

true

revocation can be valid any time prior to acceptance

true

small claims courts are state courts of original jurisdiction in which minimal damage suits are tried

true

some courts conclude that doing substantial business in a jurisdiction exclusively over the internet is enough to support jurisdiction over an out-of-state defendant

true

summary jury trials offer the perspective of a jury with a shortened version of the case

true

the bill of rights protects individuals against various types of interference by the states and by the federal government

true

the courts act as a check on the other branches of government

true

the doctrine of promissory estoppel requires a clear and definite promise

true

the effect of a counterclaim is to have the defendant also suing the plaintiff

true

the elements of a contract are agreement, consideration, legality, and capacity

true

the first amendment does not protect obscene speech

true

the minimal acceptable standard for ethical behavior is compliance with the law

true

the offeree's rejection of an offer terminates it

true

the principle that precedent is binding on later cases is stare decisis

true

the results of a mini-trial are always binding

true

to avoid being negligence, a person must not create an unreasonable and foreseeable risk

true

to commit an intentional tort, a person need not have intended a harmful result of their action

true

to succeed in a product liability suit based on negligence, a plaintiff must prove that there was a failure to exercise due care

true

to succeed in a product liability suit based on strict liability, a plaintiff must prove that a product was defective

true

under common law, a counteroffer is also a rejection

true

under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration

true

under the mirror image rule, an acceptance must exactly match the offer to create a contract

true

under the natural law theory of jurisprudence, an unjust law is no law at all

true

voir dire is the process of screening prospective jurors

true

when 2 parties make an integrated contract neither one may use parol evidence to contradict, vary, or add to its terms

true

South Carolina enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this to be

unconstitutional under the due process clause

Jill lies to her family. According to legal and ethical principles, this is

unethical

payments by representatives of western technology Inc. to government officials in exchange for favorable business contracts in foreign countries are considered

unethical in the US & illegal in the US

Curt promises to buy illegal copies of CD's and DVD's from Donna, who promises to deliver on May 1. These promises are most likely

void

Chris, a minor, signs a contract to purchase alcoholic beverages for dine & drink, his parent's restaurant. The contract is

void as a matter of law

employment sources Inc, enters into a contract with Fred. If Fred is a minor, this contract is most likely

voidable

Ann is shopping in Beth's food store when a bottle of carbonated cola explodes, injuring Ann. She files a suit against the bottler, from whom she can recover only if she can show that she

was injured due to a defect in the product


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