Final Exam Question Batches

A(n) ___________ contract is an obligation not based upon law that is imposed to prevent injustice or unjust enrichment. promissory estoppel express quasi implied voidable

C

Bob sells Rex a cow for $500. At the time of the sale, both Bob and Rex mistakenly believe the cow is unable to bear calves. Cows able to bear calves typically sell for five times as much as cows unable to bear calves. One month after the sale, the cow becomes pregnant. Based on the preceding facts, which of the following is true? Since a unilateral mistake has occurred, the contract is voidable by Bob. Since a unilateral mistake has occurred, the contract is voidable by Rex. Since a mutual mistake has occurred, the contract is voidable by Bob. Since a mutual mistake has occurred, the contract is voidable by Rex. Since a mutual mistake has occurred, the contract is void.

C

The due process clause of the U.S. Constitution _________________________. states that federal law takes precedence over conflicting state laws. grants courts the power to determine the constitutionality of any legislative or executive act prohibits the federal and state governments from depriving any person of life, liberty, or property without due process of law prohibits states from retroactively modifying public and private contracts requires that similarly situated persons be treated similarly by government actions

C

When a defendant responds to a plaintiff's complaint, the defendant files ______. a summons a reply an answer a summary judgment an appeal

C

Which of the following is not an element that a plaintiff must prove in an action for negligence? Causation Damages Recklessness Breach Duty

C

________ is a nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider. Arbitration Conciliation Mediation Negotiation

C

_________ is the intentional interference with a person's freedom of movement by unlawful confinement. Battery Assault False imprisonment Trespass to land (real property) Conversion

C

____________ is the doctrine dividing damages between the plaintiff and defendant where the negligence of each has caused the harm. Contributory negligence Last clear chance Comparative negligence Implied assumption of the risk

C

The principle that courts should apply rules decided in prior cases in deciding substantially similar cases is known as ___________. equity stare decisis Uniform Commercial Code substantive law procedural law

b

1. A(n) _________ is an affirmation of fact or promise about the goods, which either consists of a description or sample of the goods and which becomes part of the basis of the bargain. A. warranty of title B. express warranty C. implied warranty D. warranty of merchantability E. warranty of fitness for a particular purpose

B

The plaintiff's pleading in response to the defendant's answer is known as _____. a summons a reply an answer a summary judgment an appeal

B

________ is the intentional infliction of an apprehension of immediate bodily harm or offensive contact. Battery Assault False imprisonment Trespass to chattels (personal property) Conversion

B

_________ is the fraudulent conversion of another's property by one who was in lawful possession of it. Larceny Embezzlement False pretenses Robbery Burglary

B

_________ is the unfair persuasion of a person by a party in a dominant position based on a relationship of trust and confidence. Duress Undue influence Fraud

B

A social guest is an example of a(n) ________________. undiscovered trespasser discovered trespasser licensee invitee

C

The federal government's power to pay debts and spend for the common defense and general welfare of the U.S. is known as the federal government's _________ power. eminent domain borrowing and coining money spending taxation commerce

C

2. A(n) _________ is a warranty that goods are fit for a stated purpose, provided that the seller selects the product knowing the buyer's intended use and that the buyer is relying on the seller's judgment. A. warranty of title B. express warranty C. warranty of merchantability D. warranty of fitness for a particular purpose

D

A(n) __________ contract is a contract in which only one party makes a promise. It results from the exchange of a promise either for performing an act or refraining from doing an act. implied in fact express bilateral unilateral voidable

D

Charlotte, after having her month-old Cadillac break down for the third time in two days, screams in disgust, "I will sell this car to anyone for $10!" Lisa hears Charlotte and hands Charlotte a $10 bill. Has a contract been formed between Charlotte and Lisa?

NO

1. The principal is a(n) ___________ principal if, at the time of transaction conducted by the agent, the third party has notice that the agent is or may be acting for a principal but has no notice of the principal's identity.

Partially Disclosed Principle

Which of the following statements, regarding an offer, is true? An offer is a proposal indicating a willingness to enter into a contract. An offeree is the person making the offer. An offeror is the person to whom the offer is made.

T,F,F,

Which of the following statements, concerning arbitration, is/are true? Arbitration is a nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision. Compulsory arbitration is arbitration voluntarily entered into by the parties. Consensual arbitration is arbitration required by statute for specific types of disputes. The decision of the arbitrator, called an award, can usually be appealed in a court of law.

T,F,F,F

Which of the following statements, concerning the basic principles of constitutional law, is/are true? The U.S. Constitution enumerates the powers of the federal government and specifically reserves to the states the powers not expressly delegated to the federal government. The supremacy clause of the U.S. Constitution provides that state law is supreme and that federal law must, in case of conflict, yield. The U.S. Supreme Court is the final authority as to the constitutionality of any federal law, however, it is not the final authority as to the constitutionality of a state law. The U.S. Constitution vests power in three distinct and independent branches of government - the executive, legislative, and judicial branches. Most of the protections provided by the U.S. Constitution and its amendments apply only to state action.

T,F,F,T,T

3. Which of the following statements, concerning delegation of agency authority, is (are) true? The agent ordinarily has no power to delegate her authority to a subagent. If an agent is authorized to delegate her authority to a subagent, the acts of the subagent are not binding on the principal. A subagent owes a fiduciary duty to both the principal and the agent. If no authority exists to delegate the agent's authority, but the agent does so nevertheless, the acts of the subagent may make the principal liable to third persons.

T,F,T,F

Which of the following statements, concerning the U.S. Supreme Court, is/are true? The Supreme Court is the nation's highest tribunal. The Supreme Court consists of 10 justices. The Supreme Court may decide to hear a case by granting a writ of certiorari. A large percentage of the petitions to the Supreme Court for review by certiorari are granted.

T,F,T,F

1. Jim, a thief, steals a car from Ron. Later, Jim sells the car to Bill, a good faith purchaser, for $15,000. Which of the following statements is/are correct? Jim acquired void title when he stole the car. Bill acquired voidable title when he purchased the car from Jim. In a lawsuit between Ron and Bill involving the right to the car, Ron will win because he has legal title to the car. Bill's only recourse is against Jim for breach of warranty of title.

T,F,T,T

Patty, while hiking in the woods, watches Leroy, a known blind man, walk off a cliff and fall to his death. Patty could have prevented Leroy's fall by shouting a warning to him. However, Patty chose to remain silent. Which of the following are true? I. Patty's inaction is illegal II. Patty's inaction is unethical a. I only b. II only c. I and II d. neither I nor II

b

__________ is good or right in conduct or character. Law Moral Justice Dispute Contract

b

Reading ONLY the title of the case Anderson v. Smith indicates that Anderson ___________. is the original defendant only is the original plaintiff only is an appellant only may be the original plaintiff, the original defendant, the original plaintiff and an appellant, or the original defendant an appellant

d

Which of the following statements, pertaining to categories of law, is/are correct? I. Substantive law creates, defines, and regulates legal rights and duties. II. Private law is the law dealing with the relationship between the government and individuals. III. Criminal law is the law dealing with the rights and duties among individuals and legal entities. a. I and II only b. II and III only c. I and III only d. I only e. I, II, and III

d

Which of the following are functions of law? to resolve disputes between parties to protect the private ownership of property to assist in the making of contracts to preserve the state a. I and II only b. I, II, and III only c. II, III, and IV only d. I, III, and IV only e. I, II, III, and IV

e

A(n) ___________ contract is a contract where agreement of the parties is inferred from their conduct. implied in fact express bilateral unilateral voidable

A

Albert parks his car in front of his house. Later, Frank pushes Albert's car around the corner. Albert subsequently looks for his car but cannot find it for several hours. Frank is liable to Albert for ___________. trespass to chattels (personal property) conversion trespass to land (real property) assault false imprisonment

A

4. Alfred is the general agent of Pace who carries on business in Chicago. Carol knows of the agency, but has never dealt with Alfred. Daphne sells goods on credit to Alfred, as agent of Pace. Pace revokes Alfred's authority and publishes a statement to that effect in a newspaper of general circulation published in Chicago. 1)Assume Carol does not see the statement and deals with Alfred in reliance upon the former agency. Is Alfred's apparent authority terminated with respect to Carol? 2)-Assume that Daphne does not see the statement, has no knowledge of the revocation, and sells more goods to Alfred, as agent of Pace. -Is Alfred's apparent authority terminated with respect to Daphne? If not, is Pace bound to Daphne by the contract of sale Alfred made on Pace's behalf.

1) Yes because she receives constructive notice. 2)- No she didnt receive actual notice. -Yes

3. _________ allows for rescission of the buyer's acceptance of the goods if nonconformity of the goods substantially impairs their value, provided that acceptance was (1) premised on the assumption that the nonconformity would be cured by the seller and it was not or (2) the nonconformity was an undiscovered hidden defect. A. Revocation of acceptance B. Commercial impracticability C. Substituted performance D. Right to adequate assurance of performance E. Anticipatory repudiation

A

Andrea offers Edward, the mayor of Allentown, a 20% interest in Andrea's planned real estate development if Edward will use his influence to have her development proposal approved. Andrea has committed the crime of _______. bribery extortion embezzlement false pretenses larceny

A

Sam delivers a package to Dorothy, requests that Dorothy sign a receipt for the package, holds out a simple printed form headed "Receipt," and indicates the line on which Dorothy is to sign. This line, which appears to Dorothy to be the bottom line of the receipt, is actually the signature line of a promissory note cleverly concealed underneath the receipt. Dorothy signs without knowing that she actually signed the note. Based on the preceding facts, which of the following statements is true? Fraud in the execution has occurred, and the note is void. Fraud in the inducement has occurred, and the note is voidable by Dorothy. The law will not enforce the promissory note contract because Dorothy was induced by duress. The promissory note contract was induced by undue influence on the part of Sam and is voidable by Dorothy. Since Sam engaged in negligent misrepresentation, the promissory note contract is voidable by Dorothy.

A

The government's power to take private property for public use is known as the government's __________ power. eminent domain borrowing and coining money spending taxation commerce

A

Which of the following statements, pertaining to administrative law, is not correct? When administrative agencies adjudicate cases, juries are always used. The hearing, prosecuted by an administrative agency, is presided over by an administrative law judge. Administrative agencies are governmental entities, other than courts and legislatures, which have the authority to affect the rights of private parties through their operations. Congress may pass an enabling statute that creates an administrative agency.

A

_________ is the intentional infliction of harmful or offensive bodily contact. Battery Assault False imprisonment Trespass to chattels (personal property) Conversion

A

_________ is the trespasssory taking and carrying away the goods of another with the intent to permanently deprive the victim of the goods. Larceny Embezzlement False pretenses Burglary Forgery

A

2. _________ authority is based on acts or conduct of the principal that lead a third person to believe that an agent, or supposed agent, has actual authority, on which belief the third person justifiably relies.

Apparent Authority

1. A contingency understood but not expressed by the parties is a(n) __________. A. express condition B. implied-in-fact condition C. implied-in-law condition D. concurrent condition E. condition precedent

B

1. All of the following are necessary steps to arrive at the injured party's total compensatory damages except: A. Add the loss of value to the injured party caused by the other party's failure to perform or deficient performance. B. Add the loss or costs the injured party avoids by not having to perform. C. Add allowable incidental damages. D. Add allowable consequential damages.

B

4. All of the following are methods of discharging a contractual duty except _____. A. modification B. breach C. novation D. impossibility E. frustration of purpose

B

5. _________ is/are contract damages placing the injured party in as good a position as he would have been had the contract not been made. A. Compensatory damages B. Reliance damages C. Punitive damages D. Specific performance E. Liquidated damages

B

6. A(n) _______ is an agreement between the parties to terminate their respective duties under the contract. A. objective impossibility B. mutual rescission C. tender D. condition subsequent E. frustration of purpose

B

A(n) _________ contract is a contract that has not yet been fully performed. executed executory voidable valid express

B

Mary tells Ron that, unless Ron pays her $10,000, she will tell Ron's customers that Ron was once arrested for disturbing the peace. Mary has committed the crime of ____________. bribery extortion embezzlement false pretenses larceny

B

The four basic requirements of a contract do not include _________________. legality of object promissory estoppel capacity consideration mutual assent

B

Which of the following statements, concerning criminal law, is/are correct? I. A felony is a less serious crime punishable by a fine or imprisonment in a local jail. II. A misdemeanor is a serious crime punishable by imprisonment in a penitentiary or death. III. Employers are vicariously liable for the authorized criminal acts of their employees if the employer directed, participated in, or approved the act. IV. Employers may be criminally liable, under a strict liability statute, for certain unauthorized acts of an employee whether the employee is managerial or not. I and II only III and IV only I, II, and III only II and IV only I, II, III, and IV

B

While pointing a gun directly at the face of Mrs. Johnson, Sam ripped Mrs. Johnson's purse from her hand and ran away. Sam has committed the crime of __________. embezzlement robbery burglary extortion false pretenses

B

3. In a __________, risk of loss is on the buyer or agent, who has title until she revests it to the seller by returning the goods. I. sale on approval II. sale or return III. consignment A. I and II only B. I and III only C. II and III only D. II only E. I, II, and III

C

4. Which of the following offers, for the purchase of goods, will likely fail for indefiniteness under the UCC? A. An offer by a buyer to purchase the entire output of a seller over a stated period. B. An offer by a buyer to purchase all of the goods from a seller that the buyer requires over a stated period. C. An offer by a buyer to purchase an unspecified quantity of goods from a seller for a specified price. D. An offer by a buyer to purchase a specified quantity of goods from a seller for an unspecified price.

C

4. __________ is/are damages designed to punish the defendant and thus discourage him, and others, for similar wrongful conduct. They are generally not recoverable for breach of contract. A. Compensatory damages B. Reliance damages C. Punitive damages D. Specific performance E. Liquidated damages

C

5. __________ is an offer by one party—who is ready, willing, and able to perform—to the other party to perform his obligation according to the terms of the contract. A. Objective impossibility B. Mutual rescission C. Tender D. Condition subsequent E. Frustration of purpose

C

1. A court, that follows the predominate purpose test, would likely conclude that the UCC applies to which of the following transactions? A. An attorney prepares a will for a client. The client pays the attorney $500. B. A CPA prepares a tax return for a client. The client pays the CPA $250. C. Jim washes Frank's car. Frank pays Jim $20. D. A carpet retailer delivers and installs carpeting for a customer. The customer pays the carpet retailer $3,000 for the carpeting and installation. E. A plumber repairs a pipe for a customer. The customer pays the plumber $125.

D

3. All of the following are methods of discharging a contractual duty except ______. A. mutual rescission B. tender of performance C. accord and satisfaction D. delegation E. novation

D

4. The doctrine of _________ states that, when reasonable grounds for insecurity arise regarding a party's performance, the other party may demand written assurance and suspend his own performance until he receives that assurance. A. revocation of acceptance B. commercial impracticability C. substituted performance D. right to adequate assurance of performance E. anticipatory repudiation

D

6. _________ is/are a court decree ordering the breaching party to render the promised performance. A. Compensatory damages B. Reliance damages C. Punitive damages D. Specific performance E. Liquidated damages

D

In which of the following situations would the federal courts have jurisdiction assuming that the federal courts do not have exclusive jurisdiction? I. Katie, a citizen of Idaho, sues Ralph, a citizen of California. Katie's claim arises under a federal question. The amount in controversy is $50,000. II. Bob, a citizen of New York, sues Phil, a citizen of New Jersey. Bob's claim does not arise under a federal question. The amount in controversy is $80,000. III. Mary Ann, a citizen of Rhode Island, sues Amy, a citizen of Rhode Island. Mary Ann's claim does not arise under a federal question. The amount in controversy is $100,000. I only II only III only I and II only I and III only

D

Palsgraf v. Long Island Railroad Co. is a famous case concerning __________. the causation in fact test the joint cause/substantial factor alternative exception to the causation in fact test. the alternative causes exception to the causation in fact test proximate causation

D

Ron told his wife, Julie, that Frank is a drug addict. Frank has never taken drugs in his life. If Frank sues Ron for defamation based on the comments Ron made to Julie, a court would likely _____________. impose defamation liability upon Ron because he committed libel impose defamation liability upon Ron because he committed slander not impose defamation liability upon Ron because Ron's comments to Julie were true not impose defamation liability upon Ron because Ron's comments to Julie were privileged

D

Which of the following is a function of administrative agencies? a. rulemaking b. enforcement c. adjudication of controversies d. all of the above

D

Which types of rules do administrative agencies promulgate? a. legislative rules b. interpretive rules c. procedural rules d. all of the above 3. Which of the following is a function of administrative agencies? a. rulemaking b. enforcement c. adjudication of controversies d. all of the above

D

2. A __________ is an event that terminates a duty of performance. A. implied-in-fact condition B. implied-in-law condition C. concurrent condition D. condition precedent E. condition subsequent

E

3. ________ is/are reasonable damages agreed to in advance by the parties to the contract. A. Compensatory damages B. Reliance damages C. Punitive damages D. Specific performance E. Liquidated damages

E

A(n) __________ contract is a contract capable of being make void. implied in fact express void unilateral voidable

E

A(n) __________ is generally effective upon dispatch. offer revocation rejection counteroffer acceptance

E

A(n) __________ is the initial pleading by the plaintiff stating his case. summons reply answer summary judgment complaint

E

Liability for nonintentional and nonnegligent conduct is known as _________. contributory negligence comparative negligence proximate causation assumption of the risk strict liability

E

The equal protection clause of the U.S. Constitution ___________________. states that federal law takes precedence over conflicting state laws grants courts the power to determine the constitutionality of any legislative or executive act prohibits federal and state governments from depriving any person of life, liberty, or property without due process of law. prohibits states from retroactively modifying public and private contracts. requires that similarly situated persons be treated similarly by government action

E

The federal government's _________ power is the exclusive power granted by the U.S. Constitution to the federal government to regulate commerce with foreign countries and among the states. eminent domain borrowing and coining money spending taxation commerce

E

Which of the following are ways in which an offer may be terminated? I. acceptance by the offeree II. revocation by the offeror III. a counteroffer by the offerree IV. subsequent illegality of the type of contact the offer proposes I, II, and III only II, III, and IV only I, III, and IV only II and IV only I, II, III, and IV

E

Which of the following statements, concerning types of subjective fault in criminal law, is/are correct? I. A person acts purposely or intentionally if his conscious object is to engage in the prohibited conduct or to cause the prohibited result. II. A person acts knowingly if he is aware that his conduct is of a prohibited type or is practically certain to cause a prohibited result. III. A person acts recklessly if he consciously disregards a substantial and unjustifiable risk that his conduct is prohibited or that it will cause a prohibited result. I only II only III only I and III only I, II, and III

E

___________ is the breaking and entering into the home of another at night with the intent to commit a felony. Larceny Embezzlement False pretenses Robbery Burglary

E

3. ____________________ is imposed on merchant sellers both for personal injuries and property damage that results from selling a product in a defective condition, unreasonably dangerous to the user or consumer.

Extrict liability

5. How would your answers to the questions in #4 change if Debra was a merchant as to used furniture Debra may recover the $1,000 purchase price from Dwight. When Debra tendered the goods to Dwight, the risk of loss passed to him. Debra is not a merchant.

F,F,F

2. Which of the following statements, concerning the relationship of principal and agent, is (are) correct? A relationship of principal and agent requires consideration to validly exist. A valid contract of agency must always be in writing. In order to have a valid agency contract, the principal must have capacity. A durable power of attorney is a written document that expresses the principal's intentions that the agent's authority will not come into existence until the principal's subsequent incapacity.

F,F,T,F

1. Which of the following statements, concerning the relationship of principal and agent, is (are) true? All agents are employees. All independent contractors are agents. A principal is liable for the torts committed by her employee within the scope of the employee's employment. An employment relationship exists when the employer has the right to control the physical conduct of the employee.

F,F,T,T

Which of the following statements, concerning nonfraudulent misrepresentation, is/are true? Innocent misrepresentation is a false representation that is made without due care in ascertaining its truthfulness. Innocent misrepresentation renders a contract voidable. Negligent misrepresentation is a false representation made without knowledge of its falsity but with due care. Negligent misrepresentation renders a contract voidable.

F,T,F,T

5. Which of the following statements, concerning ratification, is (are) true? Ratification is the confirmation or affirmance by one person of a prior authorized act performed by another, who is, or who purports to be, his agent. The ratification of an act or contract binds the principal and the third party as if the agent or purported agent had been acting with actual authority initially. A valid ratification is revocable by the principal. There can be no ratification by an undisclosed principal. Generally, to be effective, ratification must occur before the third person gives notice of his withdrawal to the principal or agent.

F,T,F,T,T

Which of the following statements, concerning equal protection, is/are true? The strict scrutiny test is generally applied to governmental economic regulation. The intermediate test is generally applied to governmental regulation based on gender or legitimacy. In order to pass the strict scrutiny test, the classification must be necessary to promote a compelling or overriding governmental interest. In order to pass the intermediate test, the classification must conceivably bear some rational relationship to a legitimate governmental interest that the classification seeks to further.

F,T,T,F

Which of the following statements, pertaining to the duty to act in negligence cases, is/are true? One is always required to aid another in peril. A special relationship between two people may impose a duty to act on one person to aid or protect the other. A duty to act may be imposed on an individual whose conduct has injured another and left the injured person helpless and in danger of further harm. A person voluntarily coming to the assistance of another in need of aid may incur a duty to exercise care.

F,T,T,T

Mark offers to buy from Charlie all of the goods that Mark wishes next year. Has Mark made a valid offer?

NO

7. Which of the following statements, regarding vicarious liability, is (are) true? A principal is liable for an unauthorized tort committed by an employee in the course of his employment. A principal is not liable for damages caused by the tortuous conduct of her independent contractor agent even if the damages resulted from a tortuous misrepresentation make by her independent contractor agent.

T,F

8. Which of the following statements, concerning the doctrine of respondeat superior, is (are) true? Under the doctrine of respondeat superior, an employer may be liable for an unauthorized tort committed by his employee, even one that is in flagrant disobedience of the employer's instructions, if the employee committed the tort within her course of employment. According to the doctrine of respondeat superior, an undisclosed principal employer is not liable for the torts his employee commits within his employee's scope of employment. Under the doctrine of respondeat superior, a principal employer who is held liable for his employee's tort, has a right of indemnification against the employee. Except for a few limited exceptions, the doctrine of respondeat superior does not apply to the torts committed by an independent contractor.

T,F,T,T,

1. Which of the following statements, pertaining to the perfect tender rule, is/are true? The UCC's perfect tender rule imposes on the seller the obligation to conform her tender exactly to the terms of the contract. The parties may not contractually agree to limit the operation of the perfect tender rule. Under the perfect tender rule, if the goods fail to conform to the contract, the buyer may reject the whole lot. Under the perfect tender rule, if the goods fail to conform to the contract, the buyer may accept the whole lot. Under the perfect tender rule, if the goods fail to conform to the contract, the buyer may accept any commercial unit or units and reject the rest.

T,F,T,T,T

2. Which of the following statements, pertaining to types of property and governing contract law, is/are true? A house is an example of real property. Contracts involving the sale of land are governed by the UCC. A car is a good. Contracts involving the sale of personal services are governed by the common law. A trademark is an example of intangible personal property.

T,F,T,T,T

10. Which of the following statements, concerning rights of an agent against a third person, is (are) true? An agent, who makes a contract with a third person on behalf of a disclosed principal, usually has no right of action against that third person for breach of contract. An agent, who makes a contract with a third person on behalf of an undisclosed principal or partially disclosed principal, usually has no right of action against that third person for breach of contract.

T,T

2. Sue brings her stereo for repair to Louise, a merchant who also sells used stereo equipment. Frank purchases Sue's stereo from Louise in good faith and in the ordinary course of business. Which of the following statements is/are correct? The UCC will protect the rights of Frank and consider him the legal owner of the stereo. Sue has no recourse against Frank. Sue has no recourse against Louise.

T,T,F

5. Which of the following statements, concerning termination of agency, is (are) correct? The authority of an agent to perform a specific act or to accomplish a particular result terminates when the agent performs the act or accomplishes the result. A principal may revoke an agent's authority at any time by giving notice to the agent. Since the agent's authority under a durable power of attorney survives the subsequent incapacity of the principal, the agent's authority under a durable power of authority survives the death of the principal.

T,T,F

4. Which of the following statements, concerning duties of principals to agents, is (are) correct? A principal must compensate the agent as specified in the contract, or for the reasonable value of services provided, if no amount is specified. A principal is under a duty to reimburse the agent for authorized payments the agent makes on the principal's behalf and for authorized expenses the agent incurs. If the principal should realize that the agent is unaware of certain risks of the agency, the principal must eliminate those risks. When a principal is an employer, he is under no duty to provide his employees with reasonably safe conditions of employment.

T,T,F,F

3. Which of the following statements, concerning duties of agent to principal, is (are) correct? An agent must act in the principal's affairs only as authorized by the principal and must obey all reasonable instructions and directions. An agent must act with reasonable care and skill in performing the work for which he is employed. An agent may generally commingle his property with the principal's property. An agent owes a duty of utmost loyalty and good faith to the principal.

T,T,F,T

Which of the following statements, concerning stare decisis, is/are true? A court is generally bound by a decision in a court above it. A court normally follows the decisions it rendered in similar cases brought before itself. Courts are generally bound by their own past decisions. Decisions of a court, not above a particular court, may be influential on a court, but are generally not binding on the court.

T,T,F,T

3. Which of the following statements, pertaining to types of property and governing contract law, is/are true? Land is an example of real property. A ladder is an example of a good. Contracts involving the sale of intangible property are governed by the UCC. Contracts involving the sale of tangible personal property are governed by the UCC. A lawnmower is an example of a good.

T,T,F,T,T

Which of the following statements, concerning defenses to crimes, is/are true? Individuals may use reasonable force to protect other individuals. Duress is a potentially valid defense to a crime. Mistake of fact is not a potentially valid defense to a crime. Individuals may never use deadly force to protect their property. Entrapment is a potentially valid defense to a crime.

T,T,F,T,T

Which of the following statements, concerning the reasonable person standard in a negligence action, is/are true? The standard of conduct to which a child must conform to avoid being adjudged negligent is that of a reasonable person of like age, intelligence, and experience under the circumstances. If a person is physically disabled, the standard of conduct to which he must conform to avoid being adjudged negligent is that of a reasonable person having a like disability. If a person is voluntarily intoxicated, the standard of conduct to which she must conform to avoid being adjudged negligent is that of a reasonable intoxicated person. If a member of a profession or skilled trade possesses greater skill than that common to the profession or trade, she is required to exercise that greater degree of skill to avoid being adjudged negligent. In determining whether a defendant's conduct was reasonable, the fact that he was at the time confronted with an emergency is taken into account.

T,T,F,T,T

2. If the seller gives no instructions within a reasonable time after notification of the buyer's rejection of the goods, the buyer may do which of the following? Store the goods for the seller's account. Reship the goods to the seller. Resell the goods for the seller's account.

T,T,T

4. Debra, an accountant, contracts to sell her furniture to Dwight for $1,000 by a written agreement signed by both parties. The written agreement states that the place of delivery is to be Debra's residence. Though she notifies Dwight that the furniture is available to pick up, he delays in picking it up for several days; in the interim, the furniture is stolen from Debra's residence through no fault of Debra's. This is the first and only time Debra has attempted to sell used furniture. Which of the following statements is/are correct? Debra may recover the $1,000 purchase price from Dwight. When Debra tendered the goods to Dwight, the risk of loss passed to him. Debra is not a merchant.

T,T,T

6. Which of the following statements, concerning tort liability of principals and agents, is (are) correct? A wrongdoing agent is personally liable to the injured person for the tort the agent commits. A principal is directly liable to the injured person for harm caused from the principal's directing an agent to commit a tort. A principal, who conducts activities through an employee or other agent, is liable for harm resulting from the principal's negligence or recklessness in hiring, instructing, supervising, or controlling the employee or other agent.

T,T,T,

9. Which of the following statements, concerning contract liability of an agent, is (are) true? An agent who exceeds his actual authority or apparent authority may be personally liable to the third party. An agent acting for a disclosed principal may become liable if he assumes liability on the contract. When an agent enters into a contract on behalf of a partially disclosed principal or an undisclosed principal, the agent becomes personally liable to the third party on the contract. An agent, who knowingly enters into a contract on behalf of a nonexistent or incompetent principal, is personally liable to the third party on that contract.

T,T,T,T

Which of the following statements, concerning the types of dangerous conditions a defendant is responsible for in a negligence action, is/are true? There is no duty owed to undiscovered trespassers. If the plaintiff is a discovered trespasser, the possessor of land is responsible for artificial conditions involving risk of serious injury that the possessor knows about. If the plaintiff is a licensee, the possessor of land is responsible for all dangerous conditions that the possessor knows about. If the plaintiff is an invitee, the possessor of land is responsible for all dangerous conditions that the possessor should know about.

T,T,T,T

Which of the following statements, concerning the mirror image rule, is/are true? Under the common law, any communication by the offeree that attempts to modify the offer is not an acceptance but a counteroffer, which does not create a contract. The UCC does not apply the common law mirror image rule. Under the UCC, if the offeree does not make her acceptance conditional upon the offeror's assent to the offeree's additional or different terms, a contract is formed. If the offeror and the offeree are both merchants, the offeree's additional terms may become part of the contract provided they do not materially alter the agreement and are not objected to either in the offer itself or within a reasonable period of time. If either of the parties to a contract is not a merchant or if the offeree's additional terms materially alter the offer, then the additional terms are merely construed as proposals to contract. In other words, the additional terms proposed by the offeree will not become part of the contract unless accepted by the offeror.

T,T,T,T,T

Carlos in New York sends by airmail to Paula in San Francisco an offer that is expressly stated to be open for one week. On the fourth day, Paula sends to Carlos by airmail a letter of rejection which is delivered on the morning of the sixth day. At noon on the fifth day, Paula dispatches a telegram of acceptance that Carlos receives before the close of business on that day. Has a contract between Carlos and Paula been formed?

YES

Grace, an English exchange student, has always driven on the left side of the road in England. One day, while driving in the U.S., Grace has a mental lapse and drives on the left side of the road. Which of the following is/are true? I. Grace's action is illegal II. Grace's action is unethical a. I only b. II only c. I and II d. neither I nor II

a

_________ law sets forth the rules for enforcing substantive law. Procedural Public Private Civil Criminal

a

Which of the following are sources of law in the U.S. legal system? I. the U.S. Constitution II. reported federal and state court decisions (common law) III. newspaper articles IV. federal treaties a. I, II, and III only b. I, II, and IV only c. II, III, and IV only d. I and II only e. I, II, III, and IV

b

Bruno, a loan shark, kills Tom, a debtor, because Tom is behind on his loan payment. Which of the following is/are true? I. Bruno's action is illegal II. Bruno's action is unethical a. I only b. II only c. I and II d. neither I nor II

c