LAW EXAM

Sal has ordered 100 pounds of shrimp for his restaurant from Sam every Friday for 5 years and has always paid that week's market price. One Friday, Sal decides to take a vacation but doesn't tell Sam. Sam claims they have a contract, even though it was never written down. What kind of contract do they have?

implied-in-fact

How a hearing or court case is conducted is governed by:

procedural law

Substantive law governs a person's:

rights and responsibilities

What implied terms do all contracts include? Choose 2 answers. - an implied covenant of fair dealing - an implied covenant of good faith

an implied covenant of fair dealing an implied covenant of good faith

Which of the following is an equitable remedy for breach of contract?

an order for specific performance

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:

arbitration

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court

Quon and Bert have signed a contract for Bert to mow Quon's grass every week in June, July, and August for a price of $40 per week. They have agreed to all the necessary terms, but Bert has not yet mowed because it is still May. What type of contract do they have?

executory

What does venue refer to?

geographic location of the court

What conditions must be met for an offer to be legally accepted? Choose 2 answers. - Acceptance must be unequivocal with no requests for changes in the offer - It may only be accepted by the intended offeree or the offeree's agent

- Acceptance must be unequivocal with no requests for changes in the offer - It may only be accepted by the intended offeree or the offeree's agent

What factors are used to judge if consideration is adequate to ensure a fair bargain? Choose 2 answers. - Promises must be made with voluntary consent - Promises exchanged may not be a preexisting duty

- Promises must be made with voluntary consent - Promises exchanged may not be a preexisting duty

How may a revocable offer effectively be revoked? Choose 2 answers. - The offeror may withdraw the offer with a clear expression - The offeror may take an action that contradicts the offer and make that known to the offeree

- The offeror may withdraw the offer with a clear expression - The offeror may take an action that contradicts the offer and make that known to the offeree

What elements are required for an offer to be effective under the common law? Choose 3 answers. - The terms of the offer must be reasonably definite so that all parties understand them - The offer must be communicated to the offeree - The offeror must intend to be bound by the offer

- The terms of the offer must be reasonably definite so that all parties understand them - The offer must be communicated to the offeree - The offeror must intend to be bound by the offer

What are the three steps of a civil trial? Choose 3 answers. - presentation of testimony and evidence - opening arguments - closing arguments

- presentation of testimony and evidence - opening arguments - closing arguments

What remedies are available in the case of a unilateral mistake in making a contract? Choose 2 answers. - rescission - reformation

- rescission - reformation

What remedies are available after an anticipatory repudiation? Choose 3 answers. - suspending performance - cover - requiring assurance

- suspending performance - cover - requiring assurance

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers. 1. bound volumes of reported court decisions, organized by jurisdiction, date, and courts 2. online legal research engines such as Lexis, Westlaw, or Bloomberg

1. bound volumes of reported court decisions, organized by jurisdiction, date, and courts 2. online legal research engines such as Lexis, Westlaw, or Bloomberg

What is the difference between a material breach and an immaterial breach?

A material breach results in damages to the non-breaching party, while an immaterial breach is minor

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers. Cal. Penal Code § 11164(a) (West 2020) Ark. Code Ann. § 6-17-2401 (2020)

Cal. Penal Code § 11164(a) (West 2020) Ark. Code Ann. § 6-17-2401 (2020)

In the United States, who creates federal statutory law?

Congress

What rights does a third-party beneficiary to a contract hold in regard to that contract?

If the third party is an intended beneficiary of the contract, the third party has the right to sue either the promisor or the promisee

Which of the following is an example of federal agency regulations that impact business operations?

Internal Revenue Service rules for business tax audits

What is the difference between legal remedies and equitable remedies for breach of contract?

Legal remedies are monetary while equitable remedies are non-monetary

LaVon contracts with Nathan for Nathan to sing at her comedy club every Friday night in July. The first Friday, the crowd loved Nathan. The second Friday, they booed him. The next week, Nathan got a better offer, so he hired his twin brother Ethan to fill in for him at LaVon's club. Can LaVon compel Nathan to perform?

No, because you cannot compel performance of personal services under specific performance

What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

Pleading

What is the result of a contract in which both parties are wrong about a material fact of the contract?

The contract is voidable

Under the UETA, if a party does not follow the security procedures and then fails to detect an error, what happens?

The party who followed the procedures can avoid the effect of the error

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:

United States Reports

In contrast to federal courts, state courts have what kind of jurisdiction?

broad

What is the most common way that duties under a contract are discharged?

by performance

What do legal professionals use to analyze court decisions that are relevant to their clients' cases?

case briefing

Forcing a party to agree to the terms of a contract through the use of threats or blackmail is called:

duress

State statutory law is created by:

elected members of the state legislature

Which branch of government has the authority to enact law?

legislative

A legal citation for a court decision is used by legal professionals to research the law, and includes:

party names, location of the published case, court, and date of decision.

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:

summary judgment

The federal and most state judicial branches have at least these three levels in the court system:

trial court, intermediate appellate court, and highest appellate court

What is the term for a contract agreement in which an offeror promises to pay after the occurrence of a specified act, and the offeree is not required to respond in words?

unilateral contract

What type of contract exists when at least one party has the option of canceling it?

voidable

What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?

voir dire