Law 2003 Final

Which of the following represents a unilateral offer?

"I will pay you $50 if you mow my lawn.

In awarding punitive damages, a court must consider the

(1) the reprehensibility of the defendant's conduct; (2) whether there is a reasonable relationship between the amount of punitive damages and the plaintiff's harm; (3) what amount will punish the defendant and discourage similar future conduct.

The elements in a defamation case are

1. Defamatory statement 2. Falsity 3. Communicated 4. Injury

In what year did the federal Social Security system begin?

1935

Which of the following statements most accurately describes third party beneficiary rights?

A beneficiary may enforce a contract if the parties intended to benefit that beneficiary and if enforcing the promise will satisfy a duty of the promisee to the beneficiary.

Which of the following statements about torts is correct?

A tortious act may also be a criminal act.

Which of the following duties can probably be delegated?

An agreement to paint a house

The first ten amendments to the Constitution are known as the

Bill of Rights.

What element of a contract refers to both parties receiving some measurable benefit?

CONSIDERATION

In the case of an undisclosed principal, a third party

Can recover from either an agent or the principal

Which of the following terms designates the legal ability of a party to enter into a contract?

Capacity

Which of the following statements accurately defines civil law?

Civil law regulates the rights and duties between parties.

The primary source of federal power to regulate trade between states is the

Commerce Clause.

Which of the following is a duty of a principal to an agent?

Duty to Compensate, Duty to Reimburse, and. Duty to Indemnify the Agent

Which of the following laws provides support to unemployed workers?

FUTA

What is the time period of performance that requires contracts to be in writing?

If a contract cannot be performed within one year, it is unenforceable unless it is in writing.

Which of the following is the best definition of "employment at will"?

In the absence of a specific legal exception, an employee can be fired for any reason.

A tort is a

Is a civil wrong for which damages may be recovered.

What does it mean if a party to a contract has been discharged?

It means that person is "finished" and has no more duties under the contract.

Which of the following workers is entitled to unpaid leave under the Family and Medical Leave Act?

Jayla, who has worked full time for five years with Microsoft.

Which of the following scenarios describes an offer?

Luther says to Consuela, "My son needs tutoring in Spanish. I'd like you to come to my home on Monday and Wednesday nights beginning next week for two-hour sessions, and I'll pay you $40 per hour. I'd like you to tutor him for the next three months."

In Jones v. Clinton, the court held that

Paula Jones did not demonstrate the essential elements for her claim

In the House of Representatives, a state's voting power is based on its

Population

Which of these is NOT required for a non-compete clause to be valid?

Reasonable in price when ancillary to the sale of a business

In which of the following cases would true impossibility NOT apply?

Reed agrees to purchase an expensive piece of jewelry for $25,000; a week later, he tells the jeweler that he simply does not have that kind of money.

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as

Strict Liability

Which of the following statements about business and strict liability is correct?

Strict liability is liability without fault.

The issue of the constitutional protections afforded flag burning was addressed in

Texas v. Johnson.

Express authority is

The authority granted to an agent by means of the agent's written contract.

As it applies to landowners, which of the following statements regarding liability to a licensee is correct?

The landowner is liable to a licensee for injuries caused by hidden dangers only

What two conditions must exist for federal courts to have diversity jurisdiction?

The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.

President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was

This use of executive power was a valid use of power based on Article II of the Constitution.

Under the Fair Labor Standards Act, which of the following scenarios is legal?

Twelve-year-old Molly works several hours per day on her family's farm picking vegetables.

Which of the following courts determines facts?

US District Court

When may an employer require an employee to submit to a lie detector test?

When the test is part of an ongoing investigation into crimes that have occurred

Which of the following cannot receive benefits from the Social Security system?

Workers earning less than minimum wage

An express contract

a contract in which the parties make known their intentions by words

The doctrine of stare decisis

a policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same; to stand by things decided. makes the law more predictable.

Which of the following is NOT required to establish promissory estoppel?

a promise made by the plaintiff in response to the defendant's promise

What is the best definition of a fiduciary relationship?

a relationship wherein one party puts special confidence, trust, and reliance on, and is influenced by, someone else.

The Tavern's secret recipe for its pizza sauce would be considered

a trade secret, and an employment non-compete clause would be enforceable to protect it.

Generally, in comparison to a donee beneficiary, a creditor beneficiary has

about the same legal rights.

The basic distinction between an executory contract and an executed contract is that

all parties have fulfilled their obligations in an executed contract

Agents are

always liable for their own torts

A concerted action in the context of labor law is

any tactics that union members take together to gain some bargaining advantage.

Which of the following is not an example of ultrahazardous activity?

anything that isn't hazardous duh

Negligence concerns harm that

arise unintentionally or accidentally

An at-will agency relationship can be terminated

at any time

Arbitration clauses are generally enforced if

both parties have agreed to submit disputes to arbitration and the contract provides a neutral forum and reasonable rules to govern the arbitration.

In a civil case, the plaintiff must prove the case

by a preponderance of the evidence

The general goal of compensatory damages is to

compensate plaintiffs for the actual losses they've experienced.

The courts will find an implied contract when

conduct of the parties indicates they intended an agreement.

Article 2 of the UCC governs

contracts for the sale of goods

Judicial review can best be described as the power of a federal court to

declare a statute or governmental action unconstitutional and void.

To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following?

direct evidence of the defendant's lack of due care

Regarding consideration, an act occurs when a person

does something not legally required.

Our founders created federalism, which is a

double-layered system of government, with the national government and state governments each exercising important but limited powers.

Willow asks Rory to watch her toddler son, Lyric, and Rory agrees to babysit. Rory now has

duty of care

In a negligence case, the plaintiff must establish

duty of due care, breach, causation, foreseeable harm, and injury.

The three branches of government in the United States are the

executive, legislative, and judicial.

The first ten Amendments to the U.S. Constitution

guarantee many liberties to American citizens.

The president vetoes a bill that Congress believes is important for the United States to have in place. Congress may

have both houses re-pass the bill, each by a two-thirds margin.

An invitation to bargain

is not an offer

Laylah lost her job as an electrical engineer with a large company that had provided health insurance benefits for Laylah and her family. She now

is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as she pays the cost.

Common law refers to

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

Statutes of limitations

limit the time in which an injured party may sue.

Which term refers to whether an offeree accepts an offer by promising, by making a down payment, or by performing?

manner of acceptance.

In alternative dispute resolution (ADR), most cases are resolved through

mediation.

Under the federal legislation known as OSHA, employers

must keep records of all workplace injuries.

Linda and Tom are involved in a contract dispute. Linda sues Tom, and he receives her complaint. Linda

must prove her case by a preponderance of the evidence.

Emilio loses at trial. He wants to appeal his case because he believes his coworker lied under oath during the trial. Emilio should

not appeal his case because the appellate court considers errors of law, and this is not an error of law.

An assignment is enforceable against an obligor from the moment the

obligor is notified of the assignment.

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

one cannot determine which party is the plaintiff because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.

A unilateral mistake occurs when

one party enters a contract under a mistaken assumption.

Palsgraf v. Long Island Railroad established the rules

one who is negligent is liable only for the harm or the injury that is fore-seeable and not for every injury that follows from his or her negligence.

If a court applies res ipsa loquitur, the

plaintiff can create a rebuttable presumption of negligence by the defendant by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant's control, and that there are no other plausible explanations

The concept of stare decisis is closely related to the concept of

precedent.

A principal is liable for the physical torts of an agent unless the

principal ordered or condoned the tortious conduct

Generally, constitutional protections do not apply to acts of

privately owned businesses.

The goal of expectation interest is to

put the non-breaching party in the position it would have been in if the contract hadn't been breached.

The single recovery principle

requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses

To formally cancel a contract is to

rescind it.

In order to satisfy the Statute of Frauds, a writing must be

signed by the defendant.

Elliot tells Corey he heard that Jake is addicted to opioids. This is

slander

Written defamation is libel, while oral defamation is

slander

Criminal law is usually statutory in nature because

statutory law is prospective in nature; a court cannot retroactively declare that an action was a crime.

A ruling by the court that no trial is necessary because there are no essential facts in dispute is a

summary judgment.

Respondeat superior is a Latin term meaning

that the master must answer

An example of a statute would be

the Ohio legislature passing a law requiring all bicycle riders to wear a helmet.

Laws are found in different sources, which include

the U.S. Constitution, statutes, the common law, and administrative law.

When a principal is unidentified,

the agent and principal will be jointly and severally liable on the contract.

Jurisdiction can be described as

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

In awarding punitive damages, a court considers all of the following EXCEPT the

the financial condition of the plaintiff

The First Amendment allows one to

the freedom of speech, religion and the press. It also protects the right to peaceful protest and to petition the government

Angel works for the Environmental Protection Agency and believes in its mission. She understands that all of the following are true about federal administrative agencies except

the heads of administrative agencies are elected.

In a non-compete agreement, the term "ancillary" means that

the non-compete agreement must be part of a larger agreement.

A donee beneficiary

usually does not give consideration in return for the gift.

A person who is mentally impaired generally can create only

voidable contracts.

A third party beneficiary's status occurs

when the contract is created.

How is consent established in an agency relationship?

when the principal consents to the agent acting on his behalf, subject to the principal's control, the Agent agrees to do so.