BLaw Final

Arthur hires Kat to work in his new sporting goods store. "Look," he explains, "I can only pay you $9.00 an hour. But if business is good a year from now, and you're still here, I'm sure I can pay you a healthy bonus." Four months later Arthur terminates Kat. She sues.

Kat will win nothing

Barb has been a children's day care provider for several years in the small town of Abbeville. She has decided to give it all up and move to the big city for excitement and adventure. Barb sells her business to Ken, agreeing not to open a competing business within five miles of Abbeville for a period of nine months. After five months of the big city life, Barb is broke and moves back to Abbeville. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result?

Ken wins. The agreement is enforceable

Kerry finds a big green ring in the street. She shows it to Leroy, who says, "Wow. That could be valuable." Neither Kerry nor Leroy knows what the ring is made of or whether it is valuable. Kerry sells the ring to Leroy for $100, saying, "Don't come griping if it turns out to be worth two dollars." Leroy takes the ring to a jeweler who tells him it is an unusually perfect emerald, worth at least $75,000. Kerry sues to rescind.

Kerry will win based on a unilateral mistake

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury would reduce Annette's recovery by:

$20,000

Jim offers to sell Ella his home for $225,000. The offer is made on November 19, 2013, and Ella files bankruptcy on November 23, 2013. Jim does not know this and Ella accepts the offer on November 26, 2013, without receiving permission from the bankruptcy court. What reason prevents this from becoming a valid and enforceable contract?

Lack of contractual capacity

Robert sued Monica for injuries he received in a traffic accident that happened out near Walker's on the Panola County line one Sunday afternoon. Robert is an Ole Miss student from Oxford. Monica is also attending Ole Miss, but she is from Los Angeles. Robert convinced his attorney, a recent law school graduate, to file the lawsuit in Lafayette County Chancery Court because one of the judges coached Robert in youth soccer about 10 years ago. After being served with a summons and a copy of the Complaint, Monica filed a motion to dismiss the lawsuit. What is the most likely reason for her motion?

Lack of subject matter jurisdiction

Which amendment provides for the right of United States citizens to bear arms?

2nd Amendment

Which of the following statements about torts is correct?

A tortious act may also be a criminal act

Advantages of Alternative Dispute Resolution (ADR) include:

ADR is faster than litigation, ADR keeps parties talking rather than fighting, ADR is less expensive than litigation

Ralph is a professional football player. He signs a valid contract with the Saints. Later, he claims that he was alsopromised free use of the Saints' private jet, but this was not in the contract. What type of clause in his contract would prevent Ralph from flying away with this claim?

An integration clause

Arnold wrote a defamatory letter regarding Bert which he mailed to Bert, and only showed to Bert's good friend, Stan.

Arnold has committed the tort of libel

A hunter who has permission to hunt on someone else's property falls into which category:

Licensee

Which of the following are the two basic elements to consideration?

Bargained-for exchange and legal sufficiency

If a court orders rescission and restitution of a contract under which Buck sold a baseball card to Shad in exchange for $490;

Both Shad and Buck have to return the card and the money

If Brett and Dave sign a contract that says if either of them breach it, the other agrees that their damages will be $1000.00, and nothing more. These agreed upon damages are an example of

Liquidated damages

Lois is running for political office. She trails the incumbent and decides to start running a series of "attack ads." The attack ads are very effective and one week before the election it appears that she has drawn even with her opponent. Lois admits that the attack ads were exaggerations and contained some distortions. Which statement is correct?

Lois has engaged in unethical behavior

Which of the following are examples of tort reform?

Caps on non-economic damages and limits on punitive damage awards

Under what law in Mississippi can a person be justified in using force to protect themself from an intruder in their home or work place?

Castle Doctrine

Which is the modern day court of equity?

Chancery court

Contract law falls into which category?

Civil, substantive, and private law

Which of the following is not an essential element of an offer?

Consideration

___________ combined with an overt act amounts to a crime.

Criminal intent, Mens Rea

__________ is that body of law that involves offenses against the state.

Criminal law

__________ is the form of discovery being used when the party or witness being questioned must generally answer all the questions orally under oath.

Deposition

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products and knew of her contract with Trein. E- presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. Which statement is correct?

E-Presto is liable for tortious interference with a contract

Which of the following contracts must be in writing in order to be enforceable?

Emily hires Kathryn to work for 18 months

What does the word "parol" mean?

External and Extrinsic

A contract with a person who is under a court ordered guardianship is voidable. T or F

False

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a challenge for cause. T or F

False

A sales clerk at Neilson's Department Store observed a customer remove some lipstick from a display case and put it in her purse. If necessary to stop the shoplifter exiting the front door of the store, Neilson's sales clerk can go so far as to tackle the customer in order to stop her from fleeing. T or F

False

A valid contract can legally be voided by either party. T or F

False

Acme Collection Agency threatens to file a civil lawsuit against Mary to collect some unpaid medical bills unless she signs a promissory note with them at a high, but lawful interest rate. This contract is void. T or F

False

Alice offers to sell her car to Barry for $500, and Barry accepts. Alice's car has a market value of $1,000 but this fact is unknown to Alice. The contract is unenforceable. T or F

False

Alice signs a contract with Bob to buy Bob's house for $150,000, with the clause, "if I am able to obtain a mortgage loan for $125,000, at no more than 7% interest, payable over 15 years." Assume that Alice tries but is unable to obtain the described loan, and therefore refuses to proceed with the purchase. Alice is in breach of the contract. T or F

False

Alicia is seeking to recover compensatory damages in a breach of contract lawsuit. She must prove the exact amount of her loss with absolute certainty. T or F

False

Ambiguities in contracts are always interpreted in favor of the side that wrote the contract, since they are the ones who know what the provision is supposed to mean. T or F

False

Appellate courts conduct a trial de novo, rehearing all evidence that was presented at trial. T or F

False

Because of the concept of stare decisis, the U. S. Supreme Court, in interpreting a statute in a 2013 case, must decide that the relevant statutory language means exactly what it meant in a similar case involving the same statute back in 1971. T or F

False

Becky and Bill live in North Carolina. They sue Gold Strike casino's insurance company, an Illinois corporation, in federal court and ask for $150,000.00 in damages. Federal court has concurrent subject matter jurisdiction of this case because the dispute between Bill and Becky and the casino's insurer involves federal question jurisdiction. T or F

False

Being convicted of a third D.U.I. within a five (5) year period in Mississippi is still a misdemeanor. T or F

False

Cal, a contractor, enters into a contract with Helene, a homeowner, to remodel her bathroom. The contract provides a specific completion date, but does not specify what happens if Cal does not have the job finished by that date. Helene may deduct $100 per day from the contract price as her damages until the job is finished. Even though the contract is silent, Helene may do this if it's the industry norm. T or F

False

Contracts must begin with a formal word such as "whereas" in order to be legal. T or F

False

Dre sues and is awarded compensatory damages from Case. The purpose of the compensatory damages is to place Dre in the same position he would have been in had the contract with Case never occurred. T or F

False

Extortion is the crime of offering money or property to a public official for the purpose of gaining favorable treatment by that official. T or F

False

For purposes of tort law, a licensee is a person invited upon land as a member of the public or for a business purpose. T or F

False

If Jay is 18 years old, under Mississippi law, he is no longer considered a minor. T or F

False

If Sergeant Sessums, an Oxford police officer, stops Ted's car for a traffic offense, Sessums may search the passenger compartment of Ted's car without a warrant only if he observes in plain view evidence of drug paraphernalia in the car. T or F

False

If the President vetoes a bill and if both the House and Senate re-pass the bill by a sixty percent margin, the bill becomes law. T or F

False

John was a licensed physician in Michigan. When John retired to Oxford, he started providing medical services to the people in his condo, relying entirely on his Michigan medical license. John's next-door neighbor, Isaac, owed John $2000 for medical services. John will be able to enforce the contract he made with Isaac. T or F

False

Karen offers to buy Joe's business law textbook. Joe is the offeror. T or F

False

Kathy offers to sell Mies her house for $95,000, and she tells Mies that the offer will be open for ten days. By the eighth day, Mies has not accepted the offer and Kathy gets angry and she tells Mies that the house is no longer for sale. On the morning of the tenth day, Mies informs Kathy that he is accepting her offer of $95,000. Because Kathy promised to keep the offer open for ten days, Mies can still legally accept it under these circumstances. T or F

False

Liquidated damages are awarded to parties who have experienced an injury to their legal rights but have no actual loss. T or F

False

Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box. Lucy delivers the candy. Rick pays for the goods. This contract is fully executory. T or F

False

Mistake caused by a failure to read a contract is usually grounds to void the contract. T or F

False

Obscene speech is protected by the First Amendment. T or F

False

Parties to an oral contract that was required to be in writing under the Statute of Frauds are prevented from waiving the requirements of the statute and performing the oral agreement. T or F

False

Paul promises to help Sherry study for her Business Law test if Sherry will go grocery shopping for him at Kroger. Sherry accepts this offer if she promises to go grocery shopping for Paul at Kroger. T or F

False

Pushy Pat, a persuasive salesman, talked Nice Nancy into purchasing something she didn't really need or want. Nice Nancy may rescind the contract because of undue influence. T or F

False

Raymond agrees to grant Sandra a life estate in his farm for $100,000. This contract is within the statute of frauds (YES) and therefore needs to be in writing (YES) and signed only by Sandra if she wants to enforce it (NO). T or F

False

The Mississippi legislature passed a law imposing criminal penalties for displaying "indecent" material online where children could see it. A subsequent ruling by the U.S. Supreme Court that the statute conflicts with the First Amendment of the U.S. Constitution makes the statute unconstitutional every but inside Mississippi. T or F

False

The correct standard of proof that the government in a criminal prosecution must meet is beyond a reasonable doubt unless the crime committed is a misdemeanor. T or F

False

The judge resolves questions of law in a jury trial while a jury decides questions of fact, but only in a criminal case and not a civil one. T or F

False

The parol evidence rule applies to completely executed written contracts. T or F

False

The parties to a civil trial are the government and the defendant. T or F

False

The performance of a pre-existing contractual duty which is neither doubtful nor the subject of an honest dispute is legally sufficient consideration to support a second contract. T or F

False

The process of selecting a jury in a civil trial in federal court, but not state court, is called voir dire. T or F

False

Under pure contributory negligence, each party's negligence is measured in terms of percentage of fault for the entire accident, and any damages allowable to the plaintiff shall be diminished in proportion to amount of negligence attributable to the plaintiff. T or F

False

Warren was driving too fast on a wet road in rainy conditions and struck Abby's car. Abby can sue Warren in criminal court. T or F

False

__________________ is defined as the wrongful confinement or detention of a person against his or her will

False imprisonment

Fran, an accountant, says to Mike, "I'll sell you my practice for $100,000." Mike asks, "Will you give me until tomorrow to make up my mind?" "Sure," Fran replies. Which of the following is true?

Fran cannot revoke his offer only if Mike pays her to keep the offer open until tomorrow.

Frank, an accountant, says to Missy, "I'll sell you my laptop for $100." Missy asks, "Will you give me until tomorrow to make up my mind?" "Sure," Frank replies. Which of the following is true?

Frank cannot revoke his offer if Missy pays him $5 to keep the offer open until tomorrow.

Which of the following would be an example of a civil lawsuit?

Greta hit Rita in a bar during happy hour. Rita is now suing Gretta for her injuries

One reason for the application of legal sanctions is to make sure that laws will be enforced. Which of the following are examples of legal sanctions?

Imprisonment and Contempt

Marty offers to sell Ginny his TV for $100 on January 1. On January 2, Ginny writes out a letter of acceptance. On January 3, Ginny drops the letter in a mailbox. On January 4, a postal worker gets the letter out of the mailbox and takes it to the post office. On January 5, the letter arrives in Marty's mailbox. When (if ever) was a contract formed?

January 3

Jeff picks up a piece of metal pipe and swings it around, hitting Gary across the back of the head. What factor would be required for Jeff's employer to be liable to Gary?

Jeff's employer gave Jeff the pipe so that Jeff could specifically hit Gary

Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her.

Jim is not liable to Diane for defamation

An unexcused violation of an applicable statute that injures another person causes a tortfeasor to be guilty of:

Negligence per se

Alexandra receives an e-mail at 1:30 p.m. on Monday offering her the job as executive producer of the Duck Dynasty television show. Uncle Si proposes to pay Alexandra an annual salary of $500,000. The e-mail states that she must accept the offer within 36 hours. Alexandra immediately overnights a counteroffer for $750,000 in salary and, a pink camo patterned duck boat, shotgun and duck call, but after realizing that she probably won't make that kind of money after graduation doing anything else, she e-mails Uncle Si around 10 a.m. the next morning and advises him in that e-mail that she accepts the original offer. If Uncle Si has already received Alexandra's overnight mail, is a contract formed? Yes or No

No

Robert offers to sell Sam his home for $175,000. The offer is made on November 7, 2013, and Robert files bankruptcy on November 8, 2013. The bankruptcy court refuses to approve Robert's offer to Sam. Can Sam sue Robert for specific performance? Yes or No

No

Matthias owes Chester $7,500, due December 3rd. Matthias, Chester and Junior mutually agree that Matthias will pay Junior instead of paying the money to Chester. Such an agreement is an example of a(n):

Novation

While they're sharing a bottle of wine, Carol says, "Pam, you're my best friend in the world. I just inherited a million bucks, and I want you to have some of it.Come with me to the bank tomorrow,andI'llgiveyou$10,000." "Sweet!"Pamreplies. Later that day, Carol has a change of heart. She is allowed to do so. Examine the list of the elements of a contract, and give the correct reason.

Pam did not give consideration

Carla says, "Pat you're my best friend in the world. I just inherited two million bucks and I want you to have some of it. Come with me to the bank tomorrow, and I'll give you $20,000." "Sweet!" Pat replies. Later that day, Carla has a change of heart. She is allowed to do so. Examine the list of the elements of a contract, and give the correct reason.

Pat did not give consideration

Which of the following is NOT and element of a tort cause of action:

Probable cause

Some of the protected classifications for equal protection purposes include:

Race, religion, sex, handicap status

Deontological ethics bases its value of what when evaluating the right decision

Reasons for doing something

Lisa offers to help Harriett do her grocery shopping. By what means can Harriett terminate this offer?

Rejection and Counteroffer

Liza offers to help Helen do her laundry. By what means can Helen terminate this offer?

Rejection and Counteroffer

Patrick offers to buy Tyler's iPad. By what means can Tyler terminate Patrick's offer?

Rejection and Counteroffer

When an appellate court disagrees with the trial court decision and decides the case without sending it back to the trial court for additional proceedings, this is called:

Rendering

Roger assaulted Jim in a tavern, causing medical expenses and lost wages. Which of the following is true?

Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.

Joe accidentally knocked Bill into a fence negligently erected by Sam around Sam's swimming pool. The fence caved in and Bill nearly drowned. Who is liable?

Sam and Joe, because they both contributed to the harm

Which of the following is an example of an exculpatory clause?

Seller is not responsible for property damage regardless of the cause of the injury.

Mark works as a bartender at The Blind Pig, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, orders a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The Blind Pig sues. What result?

Since this is a revenue-raising statute, The Blind Pig wins.

If the title of an appellate court case appears as Jones v. Smith:

Smith is the appellee and Jones is the appellant

Rebecca, in Honolulu, faxes a job offer to Spike, in Pittsburgh, saying, "We can pay you $55,000 per year, starting June 1." Spike faxes a reply, saying, "Thank you! I accept your generous offer. See you June 1. Can't wait!" On June 1 Spike arrives, to find that his position is filled by Gus. He sues Rebecca.

Spike wins compensatory damages

Marty, a 16-year-old, contracts with Cream-of-the-Crops Cycles to buy an $8,000 motorcycle. Marty agrees to make monthly payments until the purchase price plus interest are paid in full. Which of the following is correct?

The contract is voidable by Marty

Anna dies, and her good friend, Cecil is appointed to administer Anna's estate. Anna's condo was in poor condition, so Cecil orally hired a contractor to make repairs. Cecil also orally promised that if the estate could not pay the repair bill, he would pay it even though he does not live in the house and has no entitlement under Anna's estate. The estate does not pay the repair bill. Who can the contractor collect from, if anyone?

The contractor can collect from the estate only

What duty of care does Miller owe someone who is intruding on her property?

The duty not to intentionally harm them

Madelyn offers to sell James goods both parties know are stolen. James accepts the offer, and agrees to pay for the goods. Later, James refuses to accept or pay for the goods. If Madelyn sues James for breach of contract, what is the probable result?

The law would not enforce James's promise, as it does not have a lawful purpose.

Ethical fundamentalists base their decision upon what when evaluating the right decision?

The rules

Syd's breach of contract was intentionally, wilfully, wantonly and recklessly done in bad faith. If the court determines that Nico is entitled to an award of punitive damages, what would be the purpose(s) for granting them?

To punish Syd, to make an example of Syd, and to deter other people in Syd's position who are thinking of behaving like Syd did in breaching contracts.

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

Totally integrated contracts

"Scrivener's error" is another (fancier) name for a typo. T or F

True

A negotiable instrument, such as a check, is a type of formal contract. T or F

True

Al offers to sell his car to Bart for $500, and Bart accepts. Al's car has a market value of $1,000 but this fact is unknown to Al. The contract is enforceable. T or F

True

Although RICO was passed to deal with gangsters it is often used against businessmen who break the law. T or F

True

Amanda, a recent university graduate, needed a car to get to her new job. To help Amanda secure a loan for her car, Ted, a friend, agreed to act as surety for the loan, agreeing to pay the loan should Amanda default. His promise to pay must be in writing to be enforceable. T or F

True

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made some minor errors during the trial. T or F

True

By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one particular branch. T or F

True

Carl entered into a contract with Jean to treat Jean to early dinner on Saturday night and a court-side seats to the Ole Miss basketball game. Jean was so excited and told Carl that she was buying an expensive new outfit, shoes and all, for the date. Around noon on Saturday, Carl's old girlfriend called and invited him over to her apartment to spend the afternoon watching the SEC championship game. Carl and his old flame drank whiskey all that afternoon. If Carl had called Jean Saturday afternoon and told her that he was drunk and about to pass out for the evening, but that he had talked to Walt, who agreed that Walt, instead of Carl, would take Jean to dinner and the basketball game that evening. Jean didn't tell Carl, but she preferred going out with Walt anyway, and despite her feigned protest and disappointment, she agreed to the substitute. When Jean agreed to go out with Walt, Carl discharged his obligations under the contract. T or F

True

Entrapment can be a valid defense to a criminal act. T or F

True

For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur. T or F

True

If Mississippi passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be invalid as an unreasonable restriction of free speech. T or F

True

In Anglo-Saxon society, men were put into groups of ten, known as a "tithing" and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships. T or F

True

In some situations, the same conduct that amounts to a crime may also be the basis for a civil lawsuit. T or F

True

In the United States, there is sometimes a right to a jury trial in a civil case. T or F

True

Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time. T or F

True

Kim promises to marry Kanye for at least 6 months if Kanye's daddy will buy Kim a new Mercedes convertible. This type of agreement falls within the Statute of Frauds. T or F

True

Laura offers to help Ken study for his business law final exam for $200. Ken accepts, but before they start studying and before Ken pays Laura the money, their business law teacher cancels the final exam. The cancellation of the final exam discharges Laura's obligation to help Ken study, as well as Ken's obligation to pay. T or F

True

Malpractice is negligence committed by a doctor, lawyer, architect, pastor or other professional in the course of practicing their profession. T or F

True

Most of the time, the remedy for breach of contract is damages. T or F

True

Oral contracts are sometimes valid. T or F

True

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous. T or F

True

Richard has agreed to sell his family farm to Warren for a price of $450,000. Even though both sides agree on the terms, it is still worth the money for Richard to hire a lawyer to write the contract. T or F

True

Silence can be an acceptance of an offer if the offeree had a duty to speak up. T or F

True

Specific performance is available when the subject matter of the contract is unique. T or F

True

Stan breaches his contract with Niles. Niles would be entitled to receive an award of nominal damages if he suffered little or no loss, or if he failed to prove his actual losses. T or F

True

The 5th Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment. T or F

True

The Board of Directors of Oliver Winery, Inc. met to consider whether the company would expand into the fortified wine market. Fortified wine is essentially a low cost, high sugar and higher alcohol wine, and it is expected to increase Oliver Winery's sales and profits. In making this decision, the interests of Oliver Winery's various stakeholders affected by this decision may conflict. T or F

True

The legal right to sue for a breach of contract is subject to a statute of limitations. T or F

True

The terms "nuisance" and "trespass to property" refer to entirely different torts. T or F

True

There is adequate consideration to support what might otherwise be a voidable contract when the value of what the first party to the contract receives under it is comparable to what he or she give to the second party. T or F

True

To raise revenues, the City of Water Valley required restaurants to purchase a special permit if they wanted to serve food in an open-air patio. (This is in addition to the sanitation inspection license.) While eating at Water Valley Taco Palace, Claire notices that Taco Palace's patio permit expired. Claire is still legally required to pay for her food. T or F

True

Two parties who enter into an oral contract that falls within the Statute of Frauds can still perform that contract if both of them are willing to do so. T or F

True

Under Mississippi law, Jill is no longer considered a minor. Jill is at least 18 years old. T or F

True

Under Utilitarian ethics if a decision maximizes happiness in the most people it is ethical. T or F

True

When promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present. T or F

True

While hunting, Roger enters Adele's property without permission and is injured by falling into a deep hole that Adele dug which was obscured by brush that Adele deliberately covered it with. Under the common law, Adele is liable for Roger's injuries. T or F

True

A(n) __________ contract is one that is technically valid, but a legal reason prevents the courts from enforcing it

Unenforceable

Assume that Chris goes to Algonquin J. Calhoun, Esquire, to represent him for a DUI and after verbally agreeing to do the work for Chris, Calhoun charges him $5,000, which is a fair fee. Chris takes bankruptcy after Calhoun gets the DUI dismissed, and the lawyer's bill is discharged. Is this debt void, valid, voidable or unenforceable?

Unenforceable

A(n) _______ contract is a promise, or set of promises, the breach of which the law provides a remedy.

Valid

A(n) ___________ contract is a promise, or set of promises, the breach of which the law provides a remedy.

Valid

When a party to a contract intentionally makes the terms of a contract unclear, it is called:

Vaugeness

A _________ contract is defined as one that may be treated as void or valid at the option of the innocent party.

Voidable

The KPMG office in the Cayman Islands faxes a job offer to Will, in Oxford, saying, "We can pay you $75,000 per year, starting October 1." Will faxes a reply, saying, "Thank you! I accept your generous offer, though I will also need $3,000 in relocation money. See you October 1. Can't wait!" On October 1 Will arrives, to find that his position is filled by Ned. He sues KPMG.

Will wins nothing

Aunt Bea promises her 21-year old nephew, Opie, that she will pay him $500 if he will agree to quit smoking pot, even though Opie has a valid prescription for the drug. Under these circumstances, can Opie's agreement to quit smoking pot be consideration? Yes or No?

Yes

Parker offers to sell his diamond earring to Kate. Lawrence overhears the offer and says, "I accept the offer." Can Parker still revoke this offer under these circumstances? Yes or No

Yes

Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress?

Yes, as his conduct was intentional

Unethical behavior in an organization can create:

a cynical workforce, an unproductive workforce, a resentful workforce

A force majeure event is:

a natural disaster that claims human life or leads to the declaration of a state of emergency.

Farmer Elvin is holding 200 pounds of turnips in storage for Chef John to use at City Grocery, but Chef John has breached the contract by failing to pay for the turnips. The turnips are quickly beginning to rot, but Farmer Elvin is finally able to sell them to Brown's Hog Farm to feed their pigs. If Farmer Elvin has to sue Chef John, the act of selling the turnips to Brown's Hog Farm would be considered:

a reasonable mitigation of damages

The Mississippi legislature passed a law that requires abortion clinics in the state to have a board certified obstetrician-gynecologist on staff who has admitting privileges to a local hospital. This law is:

a statute

Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court:

acted properly in this case. The proper punishment for a corporate defendant is a monetary fine.

Generally, constitutional protections do NOT apply to:

acts of privately owned businesses

Nate works as a carnival barker. His employment contract specifies that he can be fired if he "loses his voice." This is an example of

ambiguity

The mirror image rule applies to:

an acceptance

Specific performance may be available for the breach of a contract to sell:

an original Picasso painting

A decision of the Supreme Court of Mississippi would always be binding on:

any circuit or chancery court in Mississippi

Sid burned his own warehouse in an attempt to collect on a fire insurance policy. Sid has committed:

arson

In order to satisfy the statute 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

The remedy of reformation:

can be used to correct mistakes in the original contract

The President of the United States:

can veto Congressional legislation

Most of tort and contract law have their origins in ______ law

common

Most of tort law, contract law and criminal law have their origins in ________ law

common

Which of the following damages might be awarded to a plaintiff in a criminal prosecution where the defendant's misconduct is characterized as gross, willful, wanton or reckless?

compensatory damages, special damages, general damages, punitive damages

Oliver Winery's stakeholders would not include:

competitors

The courts will find an implied contract when:

conduct of the parties indicate they intended an agreement

Theft is to criminal law as _________ is to civil law.

conversion

Public policy means the law that comes from the:

courts that decide what would have a negative impact on society.

Fundamental rights include all EXCEPT the right to:

drive

Mark's home had burned to the ground. When he met with his insurance adjuster, Bubbles, she accused him of burning down the house, and said she would have him criminally prosecuted if he didn't settle the claim for much less than the house was worth. Mark agreed to the settlement. If he changed his mind, he can probably rescind the settlement on the basis of:

duress

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the:

exclusionary rule

On the first day of the baseball season, Dan orders a new Cardinals hat from Amazon. At the moment he submits his order, Dan and Amazon have an _______ contract

executory

After the final out of the World Series, Dean orders a new Red Sox championship edition hat from Amazon. At the moment he submits his order, Dean and Amazon have an ______________ contract. Two days later, Amazon delivers the hat to Dean's house, and Dean's credit card has cleared. At this point, Dean and Amazon have an ______________ contract.

executory; executed

Nick picks up a six-pack of Budwseiser and a 2 pound bag of Oreos at James Food Center. Before getting to the check-out counter, he opens the Oreos and eats about half a bag. Nick then washes down the cookies with a couple of beers. When he signs the charge ticket that Zerk gives him, Nick has made a(n)

express contract

Chip, a bank officer, forges the signatures of one of his customers on several promissory notes. These notes are void as a result of;

fraud in the execution

A bank officer forges the signatures of his customer on a promissory note. This note is void as a result of:

fraud in the inducement

Which of the following will support a contract?

giving a return promise

Where no one is able to perform the contract for reasons beyond the control of the parties, the contract is discharged due to:

impossibility

Costs to store a vehicle for a short period of time after an auto dealer fails to complete the contract to purchase the vehicle would be:

incidental damages

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the Constitutionality is clear is known as:

judicial restraint

The trespassory taking of someone else's property with the intent to permanently deprive the owner of it is:

larceny

Common law refers to:

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

Common law is to courts as statutes are to:

legislatures

When one party to a contract fails to perform as promised, it is called:

liquidated damages

Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will:

lose because Kelly had no legal duty to rescue him.

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad Co. decision to this case, Phillip would:

lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

Ryan, a minor, contracted to sell his auto to Eph, a 28-year-old. Ryan later refused to complete the sale. If Eph sues to enforce the contract, Eph will:

lose, because the contract is voidable by Ryan

Personal jurisdiction:

may be obtained by personally serving a person within a state if that person is domiciled there

The fastest growing method of dispute resolution in the United States is:

mediation

Angus, a minor, wants to avoid a contract he made with Rocky Top Cycles. He may disaffirm the contract by:

notifying Rocky Top orally that he will not honor the agreement, filing a lawsuit to have a court formally cancel the contract, just refusing to perform his obligations under the contract.

The basic distinction between a bilateral contract and a unilateral contract is that:

only one promise is involved in a unilateral contract

The most frequent method of discharging a contractual duty is a discharge by:

performance

Fireman Mike rescued Karol's cat, Boomerang, from the top of a tall oak tree on South Lamar. Boomerang had been missing for 2 weeks, and Karol had put flyers all over town offering a $500 reward for Boomerang's return. Fireman Mike asks Karol about collecting the reward offer for returning her Boomerang. Karol has just taken Business Law and tells Fireman Mike that she doesn't have to pay it to him. Fireman Mike said had known that, he would have used a shotgun to get Boomerang out of the tree. What is Karol's reason for not paying Fireman Mike?

pre-existing public duty

For the purposes of procedural due process, __________ includes certain entitlements conferred by government, such as social security payments and food stamps.

property

If Jack persuades Ravi to buy his horse by telling Ravi that the horse runs "like the wind," then Jack's statement is:

puffery

Rich and Paul Oliver sign an agreement in which Oliver Winery agrees to deliver ten cases of fortified wine in 5 days. The parties negotiated and meant to say in the written agreement, delivery in 50 days. If the evidence is clear that the two parties intended to agree to 50 days, the courts will probably apply the remedy of:

reformation

When courts consider economic duress, they consider all the following factors EXCEPT:

relative size of the contract

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum:

requires the person to bring specified documents to the court or administrative hearing.

Al contracted to sell his house to Bev. Later, they both changed their minds and agreed to cancel the contract. The contract between Al and Bev is discharged by:

rescission

When a judge orders a criminal defendant to reimburse the victim, it is called:

restitution

A constitution:

restrict the powers of government, specifically enumerates certain liberties of the people, establishes governmental structure

For purposes of a claim of fraud, which of the following terms is synonymous with the element of intent?

scienter

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:

self incrimination

Jurisdiction is:

the authority of a court to decide a particular type of case

A United States District Court is:

the federal trial level court

The Bill of Rights refers to:

the first ten amendments in the constitution`

Senator Wicker introduced a bill in the U. S. Senate. If the bill is approved by the Senate committee specializing in that subject, the bill will next go to:

the full senate

Possession of alcohol by a minor is a misdemeanor. This crime is distinguished from a felony based upon:

the length and place of possible imprisonment.

Rodney was employed by Deluxe Discount Store. Rodney's manager directed him to check the prices of dog food at Huge Savings Store. The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave. Rodney, fearful that he would be fired by Deluxe, refused to leave. Rodney committed the tort of:

trespass

When a contract falls within the statute of frauds but is not reduced to a writing, the contract is:

unenforceable

Charlie Sheen's drug use and violent behavior:

were bad enough that to warrant CBS's firing of him from a hit TV show.

An auction sale where the auctioneer sells the items without stating any minimum acceptable bid is said to be:

without reserve

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (5th Circuit). Andrew believes the case involves a significant issue of U.S. Constitutional law and would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:

writ of certiorari