Law Final
what amendment in the Bill of Rights states and part powers not granted to the federal government by the constitution nor prohibited to the states are reserved to the States or the people
10th amendment
Which amendment has both the due process clause and equal protection clause explicitly stated in it that's the
14th amendment
constitutional amendment that protects against compulsory self examination
5th amendment
Contracts can be discharged by which of the following
All the above
A law made by a local county or city board of Commissioners or Council is called
An ordinance
these about one person of another person's name likeness floyd or other identifying characteristics, without permission and for the benefit of the user.is commonly or is called
Appropiation
Who or what decides how many US Supreme Court justices there will be
Congress
When the state is the plaintiffs and the remedy includes funds imprisonment or death
Criminal case
At trial, the process whereby the plaintiff's attorney questions that offended witnesses is called
Cross examination
According to the US Constitution US Supreme Court justices and all federal judges serve
During good behavior
states that a contract may be variable by one or both of the parties to the contract which of the following are instances when either party to the contract can avoid.
Either one could affirm or if there is a mutual mistake
Amendment that protects person is double jeopardy the
Fifth amendment
if this clerk for the hardware stores tried for shooting and killing the driver. Should he be found guilty or not
Guilty because he used too much force in the perpetrators has withdrawn and were fleeing even in North Carolina the current Castle law
in the legal, ethical continuum that there are areas that are both.
Illegal and unethical and illegal and unethical, so you could suddenly can be legal not yet illegal
The landmark, in which case involving intentional interference with a contractual relation is called
Lumley V Guy
Fred working for boyle furniture story that I told you.
No, he didn't earn it
When I sold my she'll be $4,000 a day or a 71 and 2022 cars worth at least $250,000 can I sue the buyer now to get my car back if I pay restitution.
No, statute of limitations ran out, and adequacy of consideration
other than a limited liability company what corporate entity may have Members
Nonprofit corporation
Joe kirby files a suit against Antonio or and Anthony I put carvello in Federal Court depleting document that sets out. The defendants responses to allegations in the plaintiffs pleading and any and all affirmative defenses in any and all counterclaims is called
The answer
The written document adopted by the Constitutional Convention of 1787 became known as the
U.S. Constitution
this sources considered to be the supreme law in the United States
U.S. Constitution
UCC
Uniform commercial code
At the beginning of the trial of a civil or criminal case in which the jury will decide the berdych the question of the process of questioning potentials jurors is called the
Voir Dier
a young man he's 16 years of age sells something and then he changed his mind when he becomes an adult and he decides to decipher the contract and pay to get his property back is he entitled
Yes, he will when he must pay restitution And he did this informant within a reasonable time because he did that day after his birthday
Violin case Sung and Bev , when they find out the violin is actually extremely valuable can the buyer keep the violin
Yes, mutual mistake of value
In order to prove undue influence there must be proof of existence of
a confidential relationship
When one of the following parties to a personal service contract dies of comes in competent. incapacity prior to performance of the contract
a discharge of the contract may occur do impossibility of performance.
Mr matar's definition of a contract is
a legal agreement between two or more competent parties were consideration is exchanged now or in the future.
estople
a person is barred prevented or stopped from denying something in the case
North Carolina the following persons who will be able to sue and get money back or rescission have a fully executed contract.
a person who knowingly paid users interest on a loan can do that for up to two years
The counter offer is one that consists of
a rejection of the original offer plus a new offer
which of the following automatically terminate an offer prior to acceptance
a withdraw a rejection, the subject matter being destroyed or a counter offer
to completely prove negligence and recover damages the plaintiff needs to show
actual cause proximate cause a duty of care and a breach of that duty in an injury loss or damage to self or property.
Next case the case involving a famous person who is defam And in a published newspaper article and she sued the person who wrote the article for defamation at trial she must prove, that the statement was made with
actual malice
in exercising their powers and duties under the guidelines of enabling acts, these are they acts the tail administrative agencies what they can and can't do the
administrative agencies adopt rules and regulations.
the burden of proof in a criminal cases
beyond a reasonable doubt
Which of the following is an example of a pre existing legal duty to perform.
building contractor wants more money for a fixed price turnkey contract Because the cost of materials went up
Foreign corrupt practices act of 1977 prohibits
business people from bing foreign officials to secure beneficial contracts.
which is the following constitutional including amendments clauses had the greatest impact on business
commerce clause
according to your textbook loss of profits can be a form of which type of damages.
compensatory and consequential
which of the following types of damages is awarded by the Court to a non breaching party for indirect or special damages resulting from the breach.
consequential damages
double jeopardy exists in a situation where a person is
criminally prosecuted or try twice for the same offense same crime by the same governmental entity.
The mailbox rule is also known as the
deposited acceptance rule
The English carnation cases in illustrate the
doctrine or frustration of purpose.
which of the following best describes and where a party to propose contract is threatened with black male or extortion and forced to enter into a contract that's the risk.
duress
evert crashes into an electric telephone pole driving his car negligently in the crash feels the pole knocking out the electrical power which clues the hospital and Carl whose own life sport dies but for everett's negligence, Carl would not have died,
everts negligence could be found to be the actual cause of carls death But not the proximate cause,
ethel enters in a contract the lows hardware lows agrees to sell and deliver refrigerator after which ethel payload for the refrigerator within one month, it flows in fact delivers the refrigerator nansel is not yet paid for it ethel's part of the contract is
executory
Barby accused ken of assaulting her, ken has committed the civil assault the tort of civil assault if you created
fear or apprehension or immediate harmful or offensive contact
The free exercise clause as part of what con fundamental constitutional freedom
freedom of religion
The term abinicio means
from the beginning.
No contract exists where
here's a mutual mistake of material fac
It Lucy vs Zimmer and your book is a classic case deciding contractual intent, remember that
intoxication was an issue, but it was quickly dismissed based on the testimony of Mrs Amor. And the fact that some of the facts, in the case that Mr Zimmer even or Mrs ever even offered to have. Lucy home
contributory languages as a Defense and tore cases based on negligence
is a complete and absolute Defense
Uncle Over promises to give his niece Jane $500 a Christmas before Christmas, he changes his mind and Jane Susan for the $500 his promises,
is not binding , because chain is not earned it she didn't give any consideration in return
personal liability of all general partner
joint and several and unlimited
Contract consideration as two parts name them
legally sufficient value and bargained for exchange.
the term respondent superior or means
let the master respond
of the following which North Carolina business organizations are required to file some other articles or official articles or certificate with Secretary state.
limited partnerships corporations and limited liability companies.
owner and builder agree that it would be difficult to determine damages of construction is not completed in time for the grand opening of owners business. in the contract between them, they specify that the damages the builder will pay the owner will be $1,000 per day. Which is reasonable and not excessive Considering the amount of the contract and the difficulty of estimating damages in the event of a breach this type of damages is called
liquidated damages
Most landlords are expected to
mitigate their damages in the event of breaches of lease agreements by their tenants
Foreseability is important and which of the following
negligence it's a factor in determining proximate causation contracts it's a factor in determining commercial impracticability. Contracts it's a factor and cons consequential damages contracts it's a factor in an exception to the pre existing legal duty rule and it's also a factor and frustration of purpose.
The violation of law statute ordinance or governmental agency rule regulation can be used by another person injured by that violation to help prove negligence in a civil suit this doctrine is called
negligence per se
quick pizza case where the quick beats operates as a partnership under federal wall, it must file a partnership return and that's
no tax informational only, individual have to pay taxes on their own
warrantless searches for government authorities are
not specific by government authorities and not specifically mentioned in the fourth amendment.
Jill sues Antonia for injuries in the car accident, the jury determines that she was 20% to blame for the accident and therefore for own. Injuries question is she's awarded $100,000 how much will she recover in a contributory negligence states such as North Carolina
nothing
Consideration requires
omething of legally sufficient values given in exchange for promise
uncle festus tells his nephew Jesse that he should not have to work anymore. As a telephone marketer because of his stuttering. festus tells Jesse will pay Jesse $500 a week of Jesse will quit his job relying on this promise Jesse quits his job courts will enforce festus his promise under the doctrine.
promissory esstopple
certain factors have contributed development evolution of strict product liability which of the following factors is the most important.
public policy assumes the manufacturer and other sellers less stores and even distributors. defective products are in a better position to and should pay for injuries cause, not the individuals who are in in dirt by the products.
peremptory jury challenges are limited and number and cannot be used to discriminate based on
race of gender
heymer versus segue discussed in class court hill that consideration from one party to.contract to another to the same contract may actually consist of a forbearance which is
refraining from doing something which one has a right to do.
quitable remedy for misrepresentation for fraud is
rescission
The reward published in the classified section of the newspaper
s an offer and it's also part of a unilateral contract once the act for which reward is offered is performing claim.
voluntary consent, can be used to
set a contract aside, because without it there's no true meeting of the minds.
If a law or State actually creates classification based on a suspect trait that law or state action will be tested under which of the following equal protection tests
strict scrutiny test
One of the issues with merely complying with the law or minimum is
that just because an action is legal, does not mean that it is ethical
the categorical imperative requires
that people evaluate their actions in light of the consequences that would follow up everyone acted in the same way.
for a contract to be void double did intoxication proof of intoxication requires
that the intoxicated persons judgment was severely impaired that he or she could not comprehend the legal consequences of entering into the contract.
the neutral third party decides the case in arbitration is called the
the arbitrator
In paulsgrav vs Long Island railroad he plane if Ellen paul's graph was injured one another railroad passenger drop the package that exploded and cause some scales in the railway station to fall on her caused her stutter for the rest of her life but anyway, she said, the railroad for injuries and the New York appeals court which are the case held the railroad not liable, because
the causation was not proximate.
The instructions given by a judge to the jury members before they commit deliberations is sometimes called
the charge
In Catsenback versus in the pond where are the owners of ali's Barbecue in Alabama file suit in Federal Court against the US Attorney General Neil Catsenback In order to obtain injunction against the enforcement of the 1964 Civil Rights Act, which prohibits racial discrimination always lost the case because
the commerce clause Of the US Constitution gives Congress, the power to regulate interstate commerce in ali's was engaged in interstate commerce under various interpretations.
The Bill of Rights refers to
the first 10 amendments to the US Constitution.
the burden of proof of the civil cases by
the greater way to the evidence
In a local newspaper advertisement the we're talking county advertise or solicit seal bids for construction of a new jail. And they licensed general contractor submits a did bid, which is later accepted by the county based on these facts,
the newspaper ad asking for bids is not an offer. But the bid was the offer, and it was accepted by the county and therefore created a contract.
Bob is a builder is not licensed in North Carolina and he contracts with a gentleman to build an addition on that person's mansion In boone for 35,000 Bob the builder is finished with the job and demands final payment,
the owner of the probity does not have to pay him
Miranda warnings, include
the right to remain silent and explanation that anything that said can and will be used against the individual court right consultant attorney and that, if the individuals indigent does not have funds to hire an attorney and lawyer will be appointed to represent him or her.
In a bilateral contract
there's a promise for a promise
In a unilateral contract
theres a promise for an act
Covenants to non compete are usually upheld as long as
they are reasonable in time and geographical scope and protect a legitimate business interest and are not too broad or vague and consideration is given for agreeing to the Covenant. In most states they are not allowed at all.
owners of land landlords have a duty of care toward
trespassers licensees and invitees
Other than a first amendment Defense or the additional burden of proof that public figures have the basic defenses to defamation
truth and privilege communications
knife that's super sharp and a young child gets hurt by it question is, you know his company liable, because their knife is sharp.
turns out, they gave a warning label, it is an obviously dangerous product it's not dangerous beyond the expectation to ordinary consumer and no less dangerous alternative is economically feasible in the warnings given.
Although adequacy of considerations normally not an issue for the courts grossly inadequate consideration could be evidence of
undue influence, dress
An oral contract for a sale or an interest in real properties is
unenforceable under the statute of frauds in North Carolina the Statute
specific performances remedy of choice for sellers breach of contract for sale of real estate, because each parcel of land is considered
unique
The charging of excessive or quote illegal interest in all is in a loan of money is called
usury
which lady was declared incompetent by a court hearing and was has not had her competency restored she slips away or slipped away. rom her guardian later that day and went home and sold her cars and jewelry and Frank Sinatra vinyl album collection to her neighbor. For an undisclosed amount of money this transaction is
void abinicio
the standard of care used to determine whether a person to actually constitutes negligence, is
whether the action were reasonable under the circumstances
contracts, as I said, may be in
writing verbal express or implied, so all the above are correc
example in here about a fellow is going to repaint his car.
you can have consideration where somebody refrains from doing something that they have a legal right to do.
Let's say that you know somebody or somebody does this they quote a friend entails you that a person, you know, is a child molester in fact he's not a child molester But you're just repeating the rumor that you heard,
you're still guilty of a tour of slain or liable for the tourists.