Business Law Concepts
There are several sources of contract law in the United States. What are the three major sources of contract law?
common law of contracts, Uniform Commercial Code, Restatement of Contracts
In the video, the owners of "Papa Pita" restaurant had signed a(n) __________, which is an agreement that is enforceable by _____.
contract; law or equity
According to the video, tips for dealing with salespersons include all of the following EXCEPT?
deal directly with the company instead of its salespersons
Which of the following is a form of unprotected speech?
defamatory language
According to the video, the dispute between DirecTV and "Papa Pita" restaurant was resolved in part, by Vanessa and Jessica Marquez asserting the principle of defense of ________ ________ How was the dispute resolved?
genuineness of assent; Vanessa and Jessica Marquez negotiated a reduction of the penalty to $5,000, and then paid $1,200 toward the penalty. Ultimately, with media pressure imposed, DirecTV agreed to stop all legal action against the restaurant and its owners, and erase the remaining $3,800 in fines.
Corey in a desperate need to get to the airport decides to take his neighbor Tanner's help. Tanner agrees to help and drives Corey to the airport. Upon arrival at the airport, Corey promises to pay Tanner $25 for the gas fill. Which of the following conditions would have made the contract between Corey and Tanner enforceable?
if the promise to pay gas money had been made before the trip was made
To prove __________________, an element of fraud, the misrepresentation must have been a significant factor in inducing the innocent party to enter into the contract. It need not have been the sole factor.
misrepresentation of a material fact
Suppose that the allegations described in the video are true. If the parties agreed that Brown would return the Schaefers' private correspondence to the Schaefers in return for a $3 million payment to Brown, would such an agreement be legally enforceable?
no, because Brown made an illegal demand on the Schaefers
What was a result of the development of the English common law?
the use of precedent of past cases for judges to decide present similar cases
Which is an accurate list of the steps in the critical legal thinking process known as IRAC?
Information, Research, Analysis, Communication
The equitable doctrine of ________ obligates a minor to pay only reasonable value for goods or services received that are necessaries of life.
quasi-contract
In which of the following cases is a default judgment entered?
A defendant does not file a written response to a plaintiff's complaint.
Which of the following is true of a minor's right to disaffirm a contract?
A minor can expressly disaffirm a contract orally or in writing.
________ damages are only allowed in a few jurisdictions.
Economic
What was the purpose of the Fourteenth Amendment with respect to due process?
It extended the due process protections to government action by the states.
Which of the following is an INCORRECT statement regarding the enforceability of immoral contracts?
Judges are free to define morality based on their individual views.
According to the _______ exception to the Statue of Frauds, if the main purpose of a transaction and oral collateral contract is to provide pecuniary benefit to the guarantor, the collateral contract does not have to be in writing to be enforced.
Leading Object
Which of the following statements is true about appeals?
Only the defendant can appeal the court's decision in a criminal case.
According to the textbook, which of the following is an accurate statement regarding the Statute of Frauds?
The Statute of Frauds is usually raised by one party as a defense to the enforcement of the contract by the other party.
According to the video, what was unusual about the court's decision to set aside the Petrakis prenuptial agreement?
The court gave greater credence to Peter Petrakis' oral promise to tear up the agreement than to the written prenuptial agreement.
Which of the following statements is true about the Foreign Commerce Clause of the United States?
The federal government has the exclusive power to regulate commerce with foreign countries.
Which of the following statements best describes re-direct examination?
The plaintiff's attorney questions the witness who was questioned by the defendant's attorney.
The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.
True
The federal court system's 94 trial courts of general jurisdiction are known as the ________.
U.S. district courts
Which of the following is an example of a contract contrary to statutes by its very existence?
a usurious loan contract
Jeffrey became a victim of fraud when he entered a pyramid scheme which turned out to be a scam. In order to claim damages, Jeffrey has to prove which of the following?
economic injury
Alice offers Richard a chance to work in her affiliate marketing program which, she claims, will make him a millionaire in three months. Richard makes the "mandatory investment" of $12,000 and becomes an affiliate. Soon, he realizes that such a program does not exist and that Alice has disappeared with the money. This is an instance of ________.
fraud in inducement
A(n) ________ is an equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed.
quasi contract
According to the video, Sabrina Rodriguez's likely defense is that ________, which would likely be a ________ defense.
she was not aware her boyfriend was shoplifting; unsuccessful
Pursuant to the video, if the news reporter had challenged the reasonableness of her detention by the Coach store, Coach could have claimed the __________, which is also known as merchant protection statutes according to the book.
shopkeeper's privilege
According to the video, Sabrina Rodriguez was accused of _________ by the Coach store, which also generated parallel _______ charges by the state against her.
shoplifting; criminal
Janice wants to sell her house and is required by law to disclose that a murder has occurred in her home. Janice sells her house to Sam but does not say anything about the murder. This is an example of _______.
silence as misrepresentation
Most court cases are resolved in ________.
state courts
If the accord is not satisfied, the other party can do which of the following?
sue to enforce the accord or the original contract
The UCC (Uniform Commercial Code) ___________.
takes precedence over common law
Who is the plaintiff in a criminal lawsuit?
the government
A contract entered into by mutual mistake is ________.
voidable
_________________ is the intentional unlawful killing of a human being by another person with premeditation, malice aforethought, and willful act.
First-degree murder
