Legal Environment Test 2

The Federal Trade Commission (FTC) issues an order relating to the advertising of Discount Mart, Inc. Discount appeals the order to a court. The court may review whether the FTC's action is Select one: a. arbitrary, capricious, or an abuse of discretion. b. unsatisfactory to one or more parties. c. illegal under criminal laws. d. in violation of ethical precepts.

a. arbitrary, capricious, or an abuse of discretion

Louis - larger and stronger than Mica - threatens to hit Mica just before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for Select one: a. assault and battery. b. assault but not battery. c. battery but not assault. d. neither assault nor battery.

a. assault and battery

Driving a car negligently, Rollo crashes into a utility pole. The pole falls, smashing through the roof of a house, killing Silky. But for Rollo's negligence, Silky would not have died. Regarding the death, the crash is the a. cause in fact. b. intervening cause. c. proximate cause. d. superseding cause.

a. cause in fact

The case of Hadley v. Baxendale is an early case known for its holding regarding Select one: a. consequential damages. b. compensatory damages. c. punitive damages. d. nominal damages.

a. consequential damages

Judges in many states apply common law rules. These rules develop from Select one: a. decisions of the courts in legal disputes. b. regulations issued by administrative agencies. c. statutes enacted by Congress and the state legislatures. d. uniform laws drafted by legal scholars.

a. decisions of the courts in legal disputes

Dion contracts to build a store for Ella for $500,000 with payments to be in installments of $50,000 as the work progresses. Dion finishes the store except for a cover over a compressor on the roof. A cover can be installed for $500. Ella refuses to pay the last $50,000 installment. If Dion's breach is not material, Select one: a. each party has a claim against the other. b. Dion has a claim against Ella for $50,000, but Ella has no claim against Dion. c. Ella has a claim against Dion for the failure to cover the compressor, but Dion has no claim against Ella. d. neither party has a claim against the other.

a. each party has a claim against the other

Nina is injured in a truck accident and sues Owen, alleging negligence. Owen claims that Nina was driving carelessly. Comparative negligence may reduce Nina's recovery Select one: a. even if Nina was only slightly at fault. b. only if Nina was as equally at fault as Owen. c. only if Nina was less at fault than Owen. d. only if Nina was more at fault than Owen.

a. even if Nina was only slightly at fault

After the suit against Microsoft has been served, to avoid a default judgment, Microsoft must Select one: a. file an answer and affirmative defenses. b. file a petition. c. take a default judgment against the plaintiff. d. file a writ of certiorari.

a. file an answer and affirmative defenses

Melissa agrees to work as Gary's personal accountant for one year but dies in the sixth month of the contract. Melissa's estate Select one: a. is discharged from any contractual liability. b. must find a competent accountant to fulfill the contract. c. must pay damages. d. must refund any money paid to Melissa on the contract.

a. is discharged from any contractual liability

At an auction, Max bids on an object, believing that it is worth more than the price asked. When the item proves to be worth less than the price asked, Max is Select one: a. liable on the bid. b. not liable on the bid because Max miscalculated the value. c. not liable on the bid because the auctioneer misstated the value. d. not liable on the bid because the object was probably overpriced.

a. liable on the bid

Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by Select one: a. no one. b. the federal government only. c. the state of Hawaii only. d. the United States Supreme Court only.

a. no one

Global Properties, Inc. (GPI), a U.S. firm, owns property in Hong Kong. The government in Hong Kong takes GPI's property without paying for it. A. U.S. court will probably not examine the validity of this act committed by China within its own territory, under Select one: a. the act of state doctrine. b. the doctrine of sovereign immunity. c. the principle of comity. d. the World Trade Organization.

a. the act of state doctrine

State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation, Select one: a. the federal regulation takes precedence. b. the state regulation takes precedence. c. the regulation are mutually void. d. the regulations are of equal effect.

a. the federal regulation takes precedence

A motion for summary judgment filed by the defendant asks the court to dismiss the lawsuit because Select one: a. there are no material facts in dispute and under the facts agreed upon by the parties, the plaintiff cannot prove his/her case. b. the defendant cannot prove his/her case. c. there are material facts in dispute and the plaintiff can prove his/her case, as a matter of law. d. the required amount in controversy is not present.

a. there are no material facts in dispute and under the facts agreed upon by the parties, the plaintiff cannot prove his/her case

The Federal Aviation Administration (FAA) issues a subpoena duces tecum to ABC Company. This is an order Select one: a. to produce the company's business records and other documents to the FAA. b. for the company's CEO to appear before the FAA at a hearing. c. for a search warrant to be issued to ABC. d. for an adjudication.

a. to produce the company's business records and other documents to the FAA

Gia orally promises Heck that she will buy his fishing trawler. For this promise to be enforceable under the doctrine of promissory estoppel Select one: a. the trawler must be considered to be "goods." b. Heck must act in reliance on Gia's promise to his detriment. c. Gia's promise must be in writing. d. none of the above.

b. Heck must act in reliance on Gia's promise to his detriment

_________ is a court order requiring a party to a contract to do what he/she promised under the contract. Select one: a. Rescission. b. Specific performance. c. Injunction. d. Restitution.

b. Specific performance

The U.S. Department of Homeland Security issues a final rule/regulation. Like the final rules/regulations adopted by other federal administrative agencies, this rule/regulation is published in Select one: a. the Administrative Register of the Federal Government. b. the Code of Federal Regulations. c. the Federal Rules of Civil Procedure. d. the United States Code.

b. The code of Federal Regulations

Which of the following does not relate to post-trial actions for collecting a judgment? Select one: a. Garnishment. b. Writ of certiorari. c. Writ of execution. d. Judgment Debtor rule.

b. Writ of certiorari

Congress created the Environmental Protection Agency and authorized it to regulate air and water pollution. This action by Congress is Select one: a. an assignment of Congress's duties. b. a delegation of Congress's legislative power. c. unconstitutional. d. arbitrary and capricious.

b. a delegation of congress's legislative power

Mona and Nero want to discharge their contract by executing a new agreement with performance different from what they originally promised. They can best accomplish this by Select one: a. a mutual agreement to rescind. b. an accord and satisfaction. c. a novation. d. an alteration of the original contract.

b. an accord and satisfaction

Basil and Rosemary enter into a contract for the sale of Basil's condominium to Rosemary. She transfers her right to be recorded in the mortgage/conveyance records of her county as the owner of the property to her son Sage. This transfer is Select one: a. a delegation. b. an assignment. c. prohibited. d. a negotiation.

b. an assignment

GPS, Inc. designs and sells technology for advanced global positioning systems that can be used to pinpoint the location of virtually any person or object. As a for-profit corporation that does business in interstate commerce, GPS may be subject to regulations issued by Select one: a. certain federal administrative agencies only. b. certain federal agencies and/or state agencies in states in which GPS does business. c. neither federal nor state agencies. d. certain state agencies in states in which GPS does business only.

b. certain federal agencies and/or state agencies in states in which GPS does business

McCoy enters into a contract to operate a Tasty Yogurt franchise, which Tasty agrees to keep in place as long as McCoy maintains his business license. Under the circumstances, Tasty's duty to perform is Select one: a. absolute. b. conditional. c. substantial. d. none of the above.

b. condititonal

Super Tools Company makes tools for consumers and construction professionals. While using a Super tool to replace an electrical outlet, Tom neglects to shut off the power and is electrocuted. Against a suit filed by Tom's heirs Super's best defense is Select one: a. assumption of risk. b. contributory negligence. c. negligence per se. d. superseding cause.

b. contributory negligence

In Plessy v. Ferguson the U.S. Supreme Court Select one: a. established the doctrine of judicial review. b. established the doctrine of separate but equal. c. established the doctrine of stare decisis. d. reversed an earlier decision upholding equality of the races.

b. established the doctrine of separate but equal

Call Center Corporation, a U.S. firm, owns property in India. The government of India seizes the property for a proper public purpose and pays Call Center just compensation. This is Select one: a. confiscation. b. expropriation. c. appropriation. d. sovereignty.

b. expropriation

Ricky accuses Sara of fraud. Normally, the reliance giving rise to fraud is based on a statement of material Select one: a. law. b. fact. c. opinion. d. none of the above.

b. fact

Following an adjudication, the administrative law judge (ALJ) issues a decision which contains Select one: a. a final judgment. b. findings of fact and conclusions of law. c. findings and conclusions of liability. d. none of the above.

b. findings of the fact and conclusions of law

To sell his house to Rosemary, Sage does not tell her that the foundation was built on unstable pilings. Rosemary may be able to avoid the contract on the ground of Select one: a. duress. b. fraud. c. mistake. d. undue influence.

b. fraud

Dependable Appliances, a retail store, must use reasonable care on its premises to warn its patrons of Select one: a. all risks. b. hidden risks. c. obvious risks. d. no risks.

b. hidden risks

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in Select one: a. all industries. b. highly regulated industries. c. no industries. d. newly regulated industries only.

b. highly regulated industries

General Business, Inc. (GBI) has its offices in Virginia, but owns property in Maryland, where Ann files a suit against GBI concerning the property. In this suit, Maryland has Select one: a. diversity jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction.

b. in personam jursidiction

State laws that address the same issue that was decided by the Court in International Shoe Co. v. State of Washington are called Select one: a. administrative laws. b. long-arm statutes. c. sodomy statutes. d. none of the above.

b. long-arm statutes

Windstar Heli-Pads, Inc. enters into a contract to employ Valerie as an on-site project manager for two years. Windstar breaches the contract. Valerie has a duty to Select one: a. do nothing. b. mitigate or reduce the damages that she might otherwise suffer. c. breach the contract with Windstar. d. sue Windstar to deter others from similar acts.

b. mitigate or reduce the damages that she might otherwise suffer

Marie, a driver for National Transport Company, causes a five-car accident on an interstate highway. Marie and National are liable to a. all those who are injured. b. only those whose injuries could reasonably have been foreseen. c. only those whose cars were immediately ahead and behind Marie's vehicle. d. only those who do not have insurance.

b. only those whose injuries could reasonably have been foreseen

Stefano, an engineer, supervises the construction of a new house. When the house collapses due to faulty construction, the injured parties sue Stefano. As a professional, he is held to the same standard of care as Select one: a. ordinary persons. b. other engineers. c. other professionals, including accountants, attorneys and physicians. d. the injured parties.

b. other enigeers

The principle of contracts law at issue in the question above is Select one: a. consequential damages. b. substantial completion. c. mitigation of damages. d. specific performance.

b. substantial completion

The Federal Energy Regulatory Commission (FERC) wants to close a series of its meetings to the public. To open the meetings, Jennifer or any citizen could sue the FERC under Select one: a. the Freedom of Information Act. b. the Government-in-the-Sunshine Act. c. the Regulatory Flexibility Act. d. no federal or state law.

b. the Government-in-the-Sunshine Act

Stuart claims that he and Trina entered into a contract. The intent to enter into a contract is ultimately determined with reference to Select one: a. the unconscionable theory of contracts. b. the objective theory of contracts. c. the personal theory of contracts. d. the subjective theory of contracts.

b. the objective theory of contracts

Procedural law is law that sets forth Select one: a. a party's legal rights. b. the rules for how legal matters are handled in the courts. c. applicable precedents. d. a plaintiff's and defendant's positions in a lawsuit.

b. the rules for how legal matters are handled in the courts

Bill agrees to sell an acre of land to Cliburn for $5,000. Bill fails to go through with the deal when the market price of the land is $7,000. If Cliburn cannot obtain the land through specific performance, he may recover Select one: a. $7,000. b. $5,000. c. $2,000. d. nothing.

c. $2,000

Fifty shareholders of Microsoft file suit against the company. The suit is properly served on Select one: a. the president of Microsoft only. b. the Chief Executive Officer (CEO) of the company only. c. Microsoft's registered agent only. d. any of the above.

c. Micorosoft's registered agent only

North Korea confiscates the property of foreign investors. Oman expropriates foreign investors' property. Generally observed legal principles of international law are violated by Select one: a. neither North Korea's confiscation nor Oman's expropriation. b. North Korea's confiscation and Oman's expropriation. c. North Korea's confiscation only. d. Oman's expropriation only.

c. North Korea's confiscation only

In Louisiana, the primary source of law is Select one: a. the Federal Rules of Civil Procedure. b. the Louisiana Code of Civil Procedure. c. the Louisiana Civil Code. d. the Louisiana Revised Statutes.

c. The Louisiana Civil Code

Finnegan and Ewan want Dribble to replace Finnegan as a party to their contract. They can best accomplish this by agreeing to Select one: a. an accord and satisfaction. b. an assignment. c. a novation. d. a nullification.

c. a novation

In a suit against Corbin, Donatella seeks damages. This is Select one: a. a statement of Donatella's bodily injuries caused by Corbin. b. an order to perform what was promised. c. a payment of money or property as compensation. d. the cancellation of a contract.

c. a payment of money or property as compensation

If a successful plaintiff collects some but not all of a judgment she has won against the defendant, she may attempt to protect her right to collect the balance owed to her by the defendant by filing Select one: a. a writ of certiorari. b. a petition for summary judgment. c. a petition for deficiency judgment. d. a notice of appeal

c. a petition for deficiency judgement

The government of Canada sets a limit on the amount of beef that can be imported from the United States. This is Select one: a. a dumping duty. b. an antidumping duty. c. a quota. d. a tariff.

c. a quota

Caleb is a witness in a controversy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an administrative law judge if he is served with Select one: a. an order for procedural due process. b. a subpoena duces tecum. c. a subpoena. d. any of the above.

c. a subpoena

Lois takes out a life insurance policy that names her son, Matt, as the beneficiary. This is Select one: a. a delegation. b. an assignment. c. a third party beneficiary contract. d. all of the above.

c. a third party beneficiary contract

A hold harmless agreement is Select one: a. an agreement by one party to a contract to pay any damages for which the other party to the contract may be found liable. b. an agreement by one party to a contract to assist the other party to the contract in performing his obligations thereunder. c. an agreement by one party to a contract to assume any liability arising out of the other contracting party's performance or non-performance of his or her contractual duties. d. an agreement by one party to a contract to transfer all of his rights under the contract to a third party.

c. an agreement by one party to a contract to assume any liability arising out of the other contracting party's performance or non-performance of his or her contractual duties

A contractual provision that usually accompanies a hold harmless agreement is Select one: a. a condition. b. a stipulated damages provision. c. an indemnification agreement. d. none of the above.

c. an indemnification agreement

The U.S. Fish and Wildlife Service orders Elin to stop using a certain type of fishing net from her boat. To appeal this order to a court, Elin must Select one: a. appeal simultaneously to the agency and the court. b. bypass all administrative remedies and appeal directly to the court. c. first exhaust all administrative remedies. d. none of the above.

c. first exhaust all administrative remedies

Kenya issues bonds to finance the construction of an international airport. Kenya sells some of the bonds in the United States to Lacy. A terrorist group destroys the airport, and Kenya refuses to pay interest or principal on the bonds. Lacy files suit in a U.S. court. The court is most likely to hear the suit Select one: a. if Kenya's acts constitute a confiscation. b. if Kenya's acts constitute an expropriation. c. if Kenya's selling bonds is a "commercial activity." d. under no circumstances.

c. if Kenya's selling bonds is a "commercial activity"

The term "material," when used in a legal sense, means Select one: a. insignificant. b. relevant. c. important. d. admissible.

c. important

Closed meetings of the Office of Community Planning and Development and other federal administrative agencies are permitted when Select one: a. the subject of the meeting concerns an employee accused of a crime. b. the subject of the meeting involves litigation in which the OCPD is involved. c. the subject of the meeting involves matters relating to future rulemaking. d. all of the above. e. A and B only.

d. all of the above

The Sarbanes-Oxley Act provides: Select one: a. only that chief corporate executives must certify that all reports filed by publicly traded companies are complete and accurate. b. only for an oversight board to regulate public accounting firms. c. only that publicly traded companies must establish a confidential employee reporting system. d. all of the above. e. A and C only.

d. all of the above

The functions of the National Transportation Safety Board, like those of other federal administrative agencies, include Select one: a. adjudication only. b. rulemaking only. c. enforcement only. d. all of the above. e. A and B only.

d. all of the above

Equitable remedies include all of the following except: Select one: a. rescission b. specific performance c. injunction d. damages

d. damages

Ron, the manager of Sav-mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina Select one: a. did not actually shoplift. b. had not shoplifted in the past. c. had probable cause to leave the premises. d. was detained for an unreasonably long time.

d. detained for an unreasonably long time

Gio questions whether there is consideration for his contract with Huey. Consideration has two elements - there must be a bargained-for exchange and the value of whatever is exchanged must be Select one: a. adequately sufficient. b. definitely sufficient. c. economically sufficient. d. legally sufficient.

d. legally sufficient

Gabriella files a suit against Huey. Before going to trial, the parties meet together with their attorneys, to try to resolve the dispute without involving a third party. This is Select one: a. arbitration. b. litigation. c. mediation. d. negotiation.

d. negotiation

Dylan enters into a contract to manage the operations of Cash's accounting office for one year, renewable for subsequent one-year terms. If this contract is discharged like most contracts, it will be Select one: a. cancelled. b. compromised. c. altered. d. performed.

d. performed

Congresswoman Pelosi and other politicians want to prohibit the import of certain agricultural products that pose a danger to domestic crops. With respect to these products' import, Congress can Select one: a. do nothing. b. impose quotas, but not tariffs. c. impose tariffs, but not quotas. d. prohibit the imports.

d. prohibit the imports

Tony and Carol contract for the sale of Tony's business. Carol gives Tony a down payment, and Tony gives Carol the keys to one of his stores. Before the contract is fully performed, however, they agree to return the down payment and keys, and cancel the sale. This is Select one: a. accord and satisfaction. b. reformation of contract. c. novation. d. rescission and restitution.

d. recession and restitution

General Auto Corporation makes cars in the United States. To boost the sales of General Auto and other U.S. car makers, Congress can Select one: a. neither set quotas on imports nor tax imports. b. only set quotas on imports. c. only tax imports. d. set quotas on imports and tax imports.

d. set quotas on imports and tax imports

The government of North Korea violates an international law. Persuasive tactics to remedy the situation fail. The only recourse of other nations is to Select one: a. authorize the European Union to enforce the law. b. ask the International Court of Justice to enforce sanctions. c. seek enforcement of the law through the United Nations. d. take coercive auction such as severing diplomatic relations, imposing boycotts, going to war.

d. take coercive auction such as severing diplomatic relations, imposing boycotts, going to war

The statute passed by Congress in 2002 in direct response to the corporate scandal known as Enron was: Select one: a. the long-arm statute. b. the anti-discrimination statute. c. the Civil Rights Act. d. the Sarbanes-Oxley Act.

d. the Sarbanes-Oxley Act

An arbitration award cannot be set aside by a court for which of the following reasons? Select one: a. The arbitrator was biased. b. The arbitrator refused to allow a material witness to testify. c. The arbitrator misapplied the law to the facts. d. The court would have reached a different decision.

d. the courts would have reached a different decision

Dru tells his Excel company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if Select one: a. a coworker believes it. b. Fiona suffers emotional distress. c. the statement is true. d. the statement is false.

d. the statement is false

Fran is an 80-year old widow with no business experience. Fran's nephew Mark urges her to sell some of her stock at a price below market value to Tim, Mark's "business" partner. Fran, relying on Mark, agrees to sell the stock to Tim. Fran may be able to avoid the contract on the ground of Select one: a. duress. b. fraud c. mistake. d. undue influence.

d. undue influence

Melvin, a wholesale dairy products salesperson, follows Nadine, another wholesale dairy products salesperson, as she contacts her customers. Melvin solicits each of Nadine's customers for business. Melvin is most likely liable for Select one: a. appropriation. b. assault. c. conversion. d. wrongful interference with a business relationship.

d. wrongful interference with a business relationship

A third-party beneficiary of a contract Select one: a. has a legal right to unilaterally cancel the contract only. b. can demand performance from the obligor only. c. can sue the obligor directly for breach of contract only. d. A and B e. B and C

e. B and C

Statutes designed to make administrative agencies more accountable to the public include Select one: a. Administrative Procedures Act. b. Government in Sunshine Laws. c. Freedom of Information Act. d. A and C. e. B and C.

e. B and C

Maggie and Nate enter into a contract for the sale of a rare vintage car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to a contract to perform what was promised is Select one: a. an equitable remedy. b. an unenforceable demand. c. a remedy-at-law. d. a remedy that the courts will never order.

a. an equitable remedy

The U.S. Fifth Circuit includes: Select one: a. Louisiana, Mississippi, Alabama, Georgia b. Louisiana, Mississippi, Alabama, Florida c. Louisiana, Mississippi, Alabama d. Louisiana, Mississippi, Texas

d. Louisiana, Mississippi, Texas

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by Select one: a. Congress, through enabling legislation. b. the courts, through the adjudicatory process. c. the U.S. Constitution, through the 10th Amendment. d. the U.S. Department of the Treasury, through a final rule.

a. Congress, through enabling legislation

Centre Hotels Corporation was incorporated in Delaware, has its main office in New Jersey, and does business in New York. Centre is subject to the jurisdiction of Select one: a. Delaware, New Jersey, or New York. b. Delaware or New Jersey only. c. Delaware or New York only. d. New Jersey or New York only.

a. Delaware, New Jersey, or New York

The legislature of the state of Mississippi enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies Select one: a. only in Mississippi. b. only in Mississippi and its citizens who live abroad. c. in all states. d. in all states but only to matters not covered by other states' laws.

a. Only in Mississippi

Which of the following is not true? Select one: a. The U.S. Supreme Court must hear all cases involving constitutional questions. b. There is no absolute right of appeal to the U.S. Supreme Court. c. The U.S. Supreme Court will sometimes agree to hear cases involving conflicts among the federal circuit courts of appeal. d. U.S. Supreme Court decisions must be followed by all lower federal courts.

a. The U.S. Supreme Court must hear all cases involving constitutional questions

The United States and other members of a certain organization have agreed to grant "Normal Trade Relations" status to each other with regard to imports and exports. This organization is Select one: a. the World Trade Organization. b. the International Export/Import Bank. c. the United Nations. d. the Convention on Contracts for the International Sale of Goods.

a. The World Trade Organization

Miley and Rico enter into a contract for the sale of Miley's recording studio to Rico. When Rico is unable to attend the closing, he asks Oliver to perform his duties for him. This transfer of duties is Select one: a. a delegation. b. an assignment. c. prohibited. d. a negotiation.

a. a delegation

Jasmine and Kedric are involved in an automobile accident. Lyle is a passenger in Kedric's car. Jasmine wants to ask Lyle some questions under oath and in person concerning the accident. Lyle's answers to the questions are given in Select one: a. a deposition. b. a response to requests for production of documents. c. a response to a judge's request at a pretrial conference. d. none of the above.

a. a deposition

In International Shoe Company v. State of Washington, the United States Supreme Court held that: Select one: a. a state court may exercise jurisdiction over a non-resident defendant if the defendant has minimum contacts with the state. b. a plaintiff must have minimum contacts with the state in which he/she/it files a lawsuit. c. all plaintiffs must have standing to sue. d. the U.S. Constitution is the supreme law of the land.

a. a state court may exercise jurisdiction over a non-resident

AAA Properties, Inc. leases a 20,000 square foot office building to Business Corporation (BC). At the time they entered into the lease agreement, the amount of damages AAA would incur if BC defaults was difficult to determine. Therefore, the parties included a provision in the lease that says if BC defaults, AAA would be entitled to a payment of $40,000. This provision is likely Select one: a. an unenforceable penalty because at the time of the lease, the amount of damages on default was too difficult to determine. b. an unenforceable penalty because the amount is excessive. c. liquidated damages because at the time of the lease, the amount of damages on default was difficult to determine and the estimate is reasonable. d. liquidated damages because the lease was for an office building.

c. liquidated damages because at the time of the lease, the amount of damages on default was difficult to determine and the estimate is reasonable.

Which of the following are not examples of discovery that can be conducted prior to trial? Select one: a. depositions. b. requests for production of documents. c. motions for summary judgment. d. interrogatories.

c. motions for summary judgement

Cavendish contracts to deliver Bagels & More's products to its customers for $1,500, payable in advance. Bagels pays the money, but Cavendish fails to perform. Bagels can Select one: a. obtain restitution of $1,500 but not rescind the contract. b. recover nothing nor rescind the contract. c. rescind the contract and obtain restitution of $1,500. d. rescind the contract only.

c. rescind the contract and obtain restitution of $1,500

On appeal, an appellate court will Select one: a. consider new evidence. b. hear testimony of additional witnesses who were not available at the time of the trial. c. review the decision of the lower court based on the record. d. all of the above.

c. review the decision of the lower court based on the record

E-Equip, Inc. agrees to sell ten servers to First Bank. When E-Equip tries to deliver the servers. First Bank refuses to accept them. There is nothing wrong with the servers. E-Equip sues First Bank, seeking damages. E-Equip is entitled to the difference between Select one: a. E-Equip's lost profits and the market price. b. E-Equip's lost profits and the contract price. c. the contract price and the market price. d. the market price and E-Equip's lost profits.

c. the contract price and the market price

Great Hardware Store agrees to hire Carol for one year at a salary of $500 per week. When Great cancels the contract, Carol spends $100 to obtain a similar job that pays $450 per week for a year. Carol is entitled to recover Select one: a. the amount of the wages that Great promised only. b. the difference between the wages at the two jobs only. c. the difference between the wages at the two jobs plus $100. d. $100 only.

c. the difference between the wages at the top jobs plus $100

UniOil, a U.S. firm, owns property in Venezuela. When the government of Venezuela seizes UniOil's property, UniOil asks the U.S. Court to order the property's return. The court rules that Venezuela is exempt from the court's jurisdiction. This is Select one: a. expropriation. b. the act of state doctrine. c. the doctrine of sovereign immunity. d. the principle of comity.

c. the doctrine of sovereign immunity

Under Louisiana law "cause" is defined as Select one: a. something of value given in exchange for a promise. b. an element of a tort claim. c. the object or purpose for which the parties entered the contract. d. all of the above.

c. the object or purpose for which the parties entered the contract

The rule established by Hadley v. Baxendale provides that for the non-breaching party to obtain the type of damages the case involved, he must prove that Select one: a. the other party intentionally breached the contract. b. the other party committed fraud at the time the contract was made. c. the other party knew or should have known of special circumstances that could result in the non-breaching party's suffering more than actual losses. d. awarding the non-breaching party his actual out-of-pocket losses will not adequately compensate him.

c. the other party knew or should have known of special circumstances that could result in the non-breaching party's suffering more than actual losses

GPS, Inc. designs and sells technology for advanced global positioning systems that can be used to pinpoint the location of virtually any person or object. A dispute arises between GPS and Fong, Ltd., a Chinese firm. GPS obtains a judgment in a U.S. court against Fong. Whether this judgment will be enforced by a court in China depends on the Chinese court's application of Select one: a. the act of state doctrine. b. the doctrine of sovereign immunity. c. the principle of comity. d. the World Trade Organization.

c. the principle of comity

Pakistan giving effect to the laws and court decisions of the United States is an application of Select one: a. the act of state doctrine. b. the doctrine of sovereign immunity. c. the principle of comity. d. the World Trade Organization.

c. the principle of comity

The contractual provision referenced in the question above provides that one party to the contract agrees Select one: a. not to hold the other party liable for breach of contract. b. to excuse the other party only from an intentional failure to perform his obligations. c. to pay attorney's fees, costs and any judgment obtained by a third party against the other party to the contract. d. to assume any liability imposed on the other party if the liability arises from the other party's performance or non-performance of his contractual duties.

c. to pay attorney's fees, cost and any judgement obtained by a third party against the other party to the contract

Matrix Corporation, which is based in Texas, advertises on the Web. A court in Illinois would be most likely to exercise jurisdiction over Matrix if the firm Select one: a. conducted substantial business with Illinois residents at its Website. b. interacted with any Illinois resident through its Website. c. only advertised passively at its Website. d. all of the above.

conducted substantial business with Illinois residents at its website

Jurisdiction Select one: a. is the authority of a court to hear a case. b. must exist over a non-resident defendant in every case. c. is the location where a suit is brought. d. A and B. e. A and C.

d. A and B

If a contract contains the statement, "time is of the essence," which of the following is/are true? Select one: a. time is a condition of the contract. b. the contract must specify a reasonable time for performance. c. a failure to timely perform by one of the parties is a material breach of the contract. d. A and C.

d. A and C