University of Idaho BLAW 265 Final

An agency's rule-making power is derived from: a)an institutional charter issued by either the Secretary of State of the United States government or the Secretary of State of the particular state in which the agency is to exercise its investigative and adjudicatory powers. b)the enabling legislation enacted by the U.S. Congress for the creation of the agency. Correct c)executive order. d)judicial fiat.

B)the enabling legislation enacted by the U.S. Congress for the creation of the agency.

A business may not attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection. (T or F)

False

A corporation cannot acquire, hold, or convey property in its own name. (T or F)

False

A counterclaim is a new claim stating that the defendant owes the plaintiff damages because of harm resulting from the incident alleged in the complaint. (T/F)

False

A creditor beneficiary has rights against the promisee, but not the promisor. (T or F)

False

A plaintiff in a negligence suit must prove that the defendant's breach of duty was the remote cause of the plaintiff's injuries. (T or F)

False

A promise to make a gift is usually enforceable. (T or F)

False

A secretary whose husband comes to her office and assaults her at work would be able to recover under workers' compensation for any resulting injuries because they occurred during work hours and on company property. (T or F)

False

A tenancy at will occurs when a tenant remains in possession of the property after a lease has expired. (T or F)

False

A third person is a donor beneficiary if the promisee's primary purpose in contracting was to make a gift of the contracted performance to the third party. (T or F)

False

According to the Family and Medical Leave Act (FMLA), employers with fifty (50) or more employees are required to give covered employees up to twelve (12) paid workweeks of leave per year to deal with the care of themselves, a child, a spouse, or a parent with a serious health condition. (T or F)

False

According to the UCC, if one or both parties are nonmerchants, additional terms proposed by the offeree automatically become part of the agreement unless the offer expressly limited acceptance to its own terms. (T or F)

False

All promises are contracts. (T or F)

False

An item of personal property may be attached to or used in conjunction with real property in such a way that it ceases being personal property and instead becomes part of the real property. This type of property is called a debenture. (T or F)

False

Any behavior that has not been classified as a per se violation of Section 1 of the Sherman Act is judged under a strict liability analysis. (T or F)

False

Attempts by competitors to interfere with the market and control prices are called parallel price-fixing and are illegal per se under Section 1 of the Sherman Act. (T or F)

False

Behavior that affects intrastate commerce is within the scope of the federal antitrust laws and may be challenged under federal antitrust statutes. (T or F)

False

Contracts are called either unilateral or bilateral, depending on whether one or both parties have fulfilled their contractual obligations. (T or F)

False

Contractual rights and duties cannot usually be transferred to third persons. (T or F)

False

Damage to the plaintiff's reputation is presumed in slander cases, while damage to the plaintiff's reputation must actually be proven in libel cases. (T or F)

False

Generally, minors may disaffirm their contracts at any time during their minority and for up to six months after attaining majority. (T or F)

False

Generally, performing or agreeing to perform a preexisting duty is consideration. (T or F)

False

If Jamal tells, Mai "I'll give you $500 if you find my lost cat Dexter," Mai must promise in writing to find Dexter in order to accept Jamal's offer. (T or F)

False

If a court has subject matter jurisdiction, it may decide the case even if it does not have personal jurisdiction over the defendant.(T/F)

False

If a term is arbitrary or suggestive, courts treat it as distinctive and automatically disqualify it for trademark protection. (T or F)

False

If the happening of a condition discharges an existing duty to perform, this is called a concurrent precedent. (T or F)

False

If the parties' agreement is represented by a written instrument, a non-material, negligent alteration of the instrument by one of the parties discharges the other party. (T or F)

False

If the title proves to be defective or if the grantor has no title, the grantee has the right to sue the grantor of a quitclaim deed. (T or F)

False

In the adversary legal system, the trial judge acts essentially as an advocate.(T/F)

False

Items sold to a minor are considered necessaries even if the minor's parent or guardian has supplied or is willing to supply similar items. (T or F)

False

Jane was watching her friend's eight-year-old son get off the school bus when the child was hit by a negligently driven car. Today, a court would likely allow Jane to personally recover damages from the defendant driver on a negligent infliction of emotional distress theory. (T or F)

False

Landlords are insurers of the safety of persons on their property. (T or F)

False

Lease agreements are not covered by the statute of frauds. (T or F)

False

Like an offer, acceptance is subjectively determined (T or F)

False

Misdemeanors are serious offenses that are generally punishable by confinement in a penitentiary for substantial periods of time.(T/F)

False

Most minor criminal violations and civil disputes involving small amounts of money are handled by courts of record.(T/F)

False

Most states have abandoned comparative negligence theory and adopted a contributory negligence system. (T or F)

False

Negligent persons are generally not held liable for diseases their victims contract while weakened by their injuries. (T or F)

False

Once a binding accord and satisfaction has been entered into, the parties have agreed to have a trial jury decide their liability. (T or F)

False

Procedural law establishes rights, duties and privileges of citizens.(T/F)

False

Res ipsa loquitur means "identify the proximate cause." (T or F)

False

Since the federal government's power to regulate business flows from the Privileges and Immunities Clause of the Constitution, the federal antitrust laws apply to behavior that affects in any way interstate commerce or international trade. (T or F)

False

State constitutions are equal in force to the U.S. Constitution, and they are superior to law derived from other sources within a state.(T/F)

False

Suppose Fong owns a liquor store that has been robbed several times. He promises to pay Kamala, a police officer responsible for patrolling Fong's neighborhood, $100 per week to "keep an eye on the store" while on patrol. Fong's promise is enforceable because it is supported by consideration. (T or F)

False

Suppose that Miranda offers to sell her business to Jolene. Jolene tells Malachi about the offer, and Malachi sends Miranda a letter attempting to accept her offer. There is a contract between Malachi and Miranda. (T or F)

False

The Americans with Disability Act (ADA) covers physical, but not mental, impairments that substantially limit one or more of a person's major life activities. (T or F)

False

The Employment Retirement Income Security Act (ERISA) requires employers to establish pension plans and to meet specific benefit levels. (T or F)

False

The Equal Employment Opportunity Commission (EEOC) has interpreted Title VII of the Civil Rights Act of 1964 to include intentional acts of discrimination, but not acts that merely have discriminatory impact. (T or F)

False

The Equal Pay Act prohibits racial, cultural, and national origin discrimination in pay. (T or F)

False

The Occupational Safety and Health Act of 1970 (OSHA) requires covered employers to pay their employees a minimum hourly wage and to pay time and a half for hours worked in excess of forty (40) in one week. (T or F)

False

The basic thing the courts require for the creation of an offer is a future intent to contract on the part of the offeror. (T or F)

False

The courts have created a uniform test that must be used to determine proximate cause. (T or F)

False

The existence of known harms is a limit on the law's ability to control irresponsible corporate behavior. (T/F)

False

The least touching can be a battery if it causes injury or is considered offensive to a plaintiff of extraordinary sensibilities. (T or F)

False

The names of the various courts and the way jurisdiction is divided between them are uniform from state to state.(T/F)

False

The person who makes an assignment is called the assignee. (T or F)

False

The property interest conveyed to the tenant is called the fee simple estate. (T or F)

False

The use of force to drive away a person's customers or employees constitutes the tort of disparagement. (T or F)

False

To achieve justice in a particular case, an appellate court will typically hear witnesses and gather new evidence. (T/F)

False

To amount to a nuisance, a property use must be illegal. (T or F)

False

To keep Jamila from leaving the house, Sarah locked the front door of her house but forgot to lock the back door. Sarah has falsely imprisoned Jamila. (T or F)

False

Torts are public (criminal) wrongs against persons or property. (T or F)

False

Under the Sarbanes-Oxley Act of 2002, CEOs and CFOs must reimburse the company for any bonuses or other incentive compensation if any financial reporting is misleading due to misconduct, unless the misconduct was not attributable to the CEO or CFO.(T/F)

False

United States trademarks are registered for 10-year terms and are non-renewable. (T or F)

False

Usury laws prohibit charging less than a stated amount of interest for the use of money. (T or F)

False

When personal property is attached to, or used in connection with, real property in such a way as to be treated as part of the real property, it is known as a debenture. (T or F)

False

What is a white-collar crime?

It is a nonviolent crime committed by businesspersons and organizations.

A contract is executory if it has not been fully performed (T or F)

True

A contract is express when the parties directly state its terms at the time the contract is formed. (T or F)

True

A contract that cannot be performed without committing a tort is illegal. (T or F)

True

A guarantor is secondarily liable to perform his or her contractual duties. (T or F)

True

A mediator merely facilitates negotiation; no award or opinion on the merits of the dispute is given by the mediator. (T/F)

True

A mere untrue assertion does not constitute misrepresentation if it is not relied upon by, or does not cause harm to, the other party. (T or F)

True

A negative easement is the right to have someone who owns an adjoining piece of property refrain from making certain uses of his or her land. (T or F)

True

A partnership is a voluntary association designed to carry on a business for profit. (T or F)

True

A patent provides its owner with the exclusive right to make, use, or sell an invention or process during the patent period. (T or F)

True

A person could be medically insane but still have the legal capacity to contract. (T or F)

True

A person who has made an offer has given the party to whom he or she has made the offer the power to create a binding contract by accepting. (T or F)

True

A property use that unreasonably interferes with another person's ability to use or enjoy her own property may lead to an action for nuisance against the landowner or possessor engaged in the objectionable use. (T or F)

True

A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress. (T or F)

True

A requirements contract is created when a buyer agrees to purchase all of its needs in a certain item from one seller. (T or F)

True

A sole proprietorship is merely an extension of the individual owner. (T or F)

True

A statute of frauds essentially says that for certain categories of contracts, the law requires more evidence that the parties had an agreement (i.e., a writing) than the oral testimony of a party claiming that a contract existed. (T or F)

True

A voidable contract is enforceable against both parties unless a party with the right to cancel the contract has done so. (T or F)

True

According to the UCC, a timely expression of acceptance creates a contract even if it states additional terms on points the offer did not address. (T or F)

True

According to the UCC, if a party being sued on a contract admits the existence of the contract in testimony in court or in any of the pleadings filed during the course of the lawsuit, that satisfies the statute of frauds. (T or F)

True

According to the decision-making model that is drawn heavily from the thoughts of Joseph L. Badaracco Jr., the question, "Which course of action is feasible?" recognizes that ethics and morality must be practical. (T/F)

True

According to the risky shift phenomenon, a group of people who must reach a consensus on an acceptable level of risk often decide on a level of risk higher than the risk they would accept as individuals.(T/F)

True

Advertisements for rewards for the return of lost property, for information, or for the capture of criminals are generally held to be offers for unilateral contracts. (T or F)

True

After an assignment, the assignee is entitled to whatever performance the assignor had a right to under the original contract. (T or F)

True

All states have statutes that either prohibit or regulate gambling (T or F)

True

An employer's refusal to bargain collectively with a union that represents its employees is an example of an unfair labor practice under the Labor-Management Relations Act (LMRA). (T or F)

True

An illusory promise cannot serve as consideration because there is no mutuality of obligation. (T or F)

True

An option is a separate contract for the limited purpose of holding an offer open. (T or F)

True

Any assignment that would materially alter the duties of the promisor is unenforceable, because the promisor cannot be required to do something significantly more than, or different from, what he or she originally agreed to do. (T or F)

True

Any attempt by the offeree to materially alter the terms of the offer is treated as a counteroffer that terminates the offer. (T or F)

True

Anyone who buys the interest of a limited liability partnership (LLP) partner is not a partner unless the other partners unanimously agree. (T or F)

True

Article 2 of the UCC applies to all contracts for the sale of goods (T or F)

True

Because the basis of contract law is the voluntary agreement of the parties, the law generally requires some affirmative indication of assent from an offeree before it binds the offeree to the terms of an offer. (T or F)

True

By forming a limited liability partnership (LLP), the personal assets of partners not involved in wrongdoing by other members of the firm will be sheltered from malpractice claims against the firm. (T or F)

True

Capacity refers to the ability of a person to do a legally valid act (T or F)

True

Compositions are agreements between a debtor and two or more creditors who agree to accept a stated percentage of their liquidated claims against the debtor at or after the due date, in full satisfaction of their claims. (T or F)

True

Consideration is legal value, bargained for and given in exchange for an act or promise (T or F)

True

Contracts for the sale of real estate must be in writing to be enforceable (T or F)

True

Courts only permit a plaintiff to bring a lawsuit if that person has standing.(T/F)

True

Emancipation can occur when a minor marries or gets a job and moves away from home and the parent does not object. (T or F)

True

Even if the parties to an agreement have met every other requirement for a valid contract, their agreement is unenforceable if either its formation or its performance is illegal or contrary to the public interest. (T or F)

True

For works for hire, the period of copyright protection is 95 years from the first publication or 120 years, whichever comes first. (T or F)

True

From a risk standpoint, a shareholder or limited partner is better off than a general partner. (T or F)

True

Generally, a minor may disaffirm by doing anything that clearly indicates to the other party an intent not to be bound by the terms of the contract. (T or F)

True

Generally, a promise to discharge a liquidated debt for part payment of the debt at or after its due date is unenforceable due to lack of consideration. (T or F)

True

If Michael sends Francisco a letter offering to sell him a condo in California for $400,000 and Francisco sends Michael a letter offering $375,000 but later changes his mind and sends a letter accepting the original offer for $400,000, no contract will result if Michael receives the counteroffer before he receives the acceptance. (T or F)

True

If a statute or government regulation enacted after a contract's creation makes performance of a party's contractual duties illegal, the promisor is excused from performing. (T or F)

True

If an oral contract is unenforceable under the statute of frauds but one of the parties has conferred benefits on the other party, he or she can recover the reasonable value of the performance in quasi contract. (T or F)

True

If damage to leased property arises through no fault of the tenant, that tenant still has a duty to take interim steps to prevent further damage from the elements. (T or F)

True

If the offer does not state a time for acceptance, it is valid for a "reasonable time," which depends on the circumstances surrounding the offer.

True

If the parties have dealt with each other before and silence signaled acceptance in their prior dealings, the offeree who remains silent in the face of an offer may be held to have accepted. (T or F)

True

If the promisor's performance will satisfy a legal duty that the promisee owes a third party, the third party is a creditor beneficiary. (T or F)

True

If there is no offer, there is nothing to accept, and a contract cannot be created. (T or F)

True

If you park your car in a parking lot, keep the keys, and can drive the car out yourself whenever you wish, a bailment has not been created. (T or F)

True

Immanuel Kant viewed humans as moral actors that are free to make choices.(T/F)

True

In a general partnership, each partner is an owner and has a right to share in the profits of the business. (T or F)

True

In some cases, part performance of a contract for the sale of land takes the contract out of the coverage of the statute of frauds. (T or F)

True

In some cases, the doctrine of promissory estoppel prevents offerors from revoking their offers. (T or F)

True

In the absence of a contrary provision in the lease or an emergency that threatens the property, the landlord may not enter the leased property during the term of the lease. (T or F)

True

Justice theory, utilitarianism, and profit maximization are teleological ethical theories. (T/F)

True

Libel is written defamation, while slander is oral defamation. (T or F)

True

Licensing agreements require a careful partner selection process that clearly identifies each firm's objectives and details how each plans to meet the other's expectations. (T or F)

True

Life insurance contracts are a common form of donee beneficiary contract. (T or F)

True

Members of the general public are generally held to be incidental beneficiaries of contracts such as street repair contracts entered into by municipalities or other governmental units. (T or F)

True

Mere silence on the part of the offeree is generally not acceptance (T or F)

True

Misrepresentation can result from negligence on the part of the misrepresenter. (T or F)

True

Most franchise contracts are typical contracts of adhesion. (T or F)

True

Mutual mistake is always a basis for granting rescission of the contract at the request of either party. (T or F)

True

Negligence is an unintentional breach of duty by the defendant that results in harm to another. (T or F)

True

Negligent persons are generally held jointly liable, along with the negligent physician, for negligent medical care their victims receive for their injuries. (T or F)

True

Oral contracts to sell or mortgage real estate are generally unenforceable. (T or F)

True

Patent protection generally runs for a period of 20 years, although design patents are protected for 14 years. (T or F)

True

People lacking mental capacity are liable for the reasonable value of necessaries on the same basis and for the same reasons as minors. (T or F)

True

Persons who are injured by the tortious act of another may file a civil suit for actual damages to compensate them for their injuries. (T or F)

True

Persons who own property under a tenancy in common have undivided interests in the property and equal rights to possess it. (T or F)

True

RICO is designed to stop the entry of organized crime into legitimate business enterprises.(T/F)

True

Robert was under contract to play football for the United Lions in May 2019. However, he died in an accident before he could perform his contract. Robert's death terminates his contract. (T or F)

True

Some courts hold defendants liable only for the reasonably foreseeable results of their negligence. (T or F)

True

The Sarbanes-Oxley Act created the Public Company Accounting Oversight Board. (T/F)

True

The adversary legal system in the United States is premised on the notion that the ultimate truth and justice will prevail if each party to a legal dispute is represented by competent legal counsel. (T/F)

True

The law of negligence holds our behavior up to an objective standard of conduct. (T or F)

True

The promisor who substantially performs is generally entitled to the contract price less any damage the other party has suffered as a result of the defective performance. (T or F)

True

The term mistake is used in contract law to describe the situation in which one or both of the parties to an agreement acted under an untrue belief about the existence or nonexistence of a material fact. (T or F)

True

To violate Section 2(a) of the Robinson-Patman Act, the discriminatory sales must occur roughly within the same period of time and involve goods of like grade and quality. (T or F)

True

Treaties made by the president with foreign governments must be ratified by at least two-thirds of the Senate. (T/F)

True

What constitutes substantial performance depends on the circumstances of each case. (T or F)

True

When determining the legality of an agreement, the courts presume the parties intended a legal result. (T or F)

True

When faced with the difficult problem of deciding what kinds of joint actions amounted to a restraint of trade, the courts concluded that some kinds of behavior always have a negative effect on competition and can never be excused or justified. These kind of acts are classed as per se illegal. (T or F)

True

Alexander has been charged with armed robbery of a convenience store in Portland, Oregon. He retains attorney Lewis A. Clarke, III to represent him, and while preparing his defense, Alexander confesses to attorney Clarke that he did indeed rob the liquor store. Which of the following is true regarding Alexander's confession to Clarke? a)It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court. b)Pursuant to the attorney-client privilege, just like Alexander had the privilege to decide whether to divulge this information to his attorney, attorney Clarke also has privilege to decide whether to divulge it to the prosecution and the court. c)It is protected as a professional courtesy, and Clarke is prohibited from divulging this information to the prosecution and the court. d)Since the confession relates to a criminal matter, it is not protected by the attorney-client privilege, and in the interests of justice, attorney Clarke must divulge it to the prosecution and the court.

a) It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court.

Adia files a lawsuit against Chang in an Ohio court. Chang, a citizen and resident of neighboring Indiana, has never visited Ohio and has no personal ties with anyone in Ohio. Chang can successfully argue that the Ohio court: a)lacks personal jurisdiction. b)lacks standing to hear the case, since the case involves diversity of citizenship. c)has legal reciprocity with Indiana, the state where Chang resides. d)must defer to the jurisdiction of a federal district court.

a) lacks personal jurisdiction.

Which of the following statements best describes the phenomenon called risky shift? a)A group of people who must reach a consensus on an acceptable level of risk often decide on a level of risk higher than the risk they would accept as individuals. b)The decisions made by a team of managers may have lower levels of risk and may create lesser legal problems than decisions made by an isolated manager. c)Groups do not accept higher risks than individuals. d)A corporation shifts its risk onto its customers.

a)A group of people who must reach a consensus on an acceptable level of risk often decide on a level of risk higher than the risk they would accept as individuals.

Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws? a)Accessing the services of a commercial service provider without paying fees is a crime. Correct b)Altering data stored in another person's computer is not considered illegal. c)Only an individual may face liability based on the use of electronic communication; corporations are out of their purview. d)A corporation is not liable for the online activities of its employees.

a)Accessing the services of a commercial service provider without paying fees is a crime.

Which of the following is true regarding felonies and misdemeanors? a)Conviction of a felony may bar a person from practicing certain professions. b)Crimes are usually classified as felonies or misdemeanors, depending on the defendant's prior criminal record. c)Conviction of a felony may not result in disenfranchisement. d)Misdemeanors are generally punishable by confinement in a penitentiary for substantial periods of time.

a)Conviction of a felony may bar a person from practicing certain professions.

Which of the following is true regarding whether individual behavior can be considered criminal? a)Only the state legislatures can declare an act a crime. b)Only the United States Congress can declare an act a crime. c)Both the United States Congress and the state legislatures can make an act a crime, and defendants are subject to the criminal laws of both the federal and state criminal justice systems. d)Both the United States Congress and the state legislatures can make an act a crime, but defendants are only subject to the criminal law of either the federal or the state criminal justice system (determined by which system indicts the defendant first.)

a)Only the United States Congress can declare an act a crime.

Which of the following prohibits the federal government from depriving any person "of life, liberty, or property, without due process of law"? a)The Fifth Amendment Due Process Clause b)The Fourteenth Amendment Due Process Clause c)The Fourteenth Amendment Equal Protection Clause d)The Commerce Clause

a)The Fifth Amendment Due Process Clause

Which of the following statements is true of state action? a)The United States Constitution protects an individual only against governmental activity, usually called state action. b)The constitutional checks on governmental power do not apply to the United States Congress. c)State action is not involved if policies are mandated by federal law. d)Private deprivation of individual liberties is permitted only if interference by state action is prohibited by statute.

a)The United States Constitution protects an individual only against governmental activity, usually called state action.

Over the many years of being his neighbor, Tom has noticed that Jim is a very angry person. On numerous occasions, Tom has overheard Jim yelling at his wife and two children (Tom doesn't have a family of his own and believes Jim should be more grateful for and respectful of his family members). Worried, Tom went to the local courthouse to search Jim's criminal record, and although Jim had no prior convictions for assault, that did nothing to allay Tom's concern. Tom files a complaint against Jim in civil court, seeking a court order (more specifically, an injunction) prohibiting Jim from ever assaulting his wife and two children. What is the likely outcome of Tom's complaint? a)Tom's complaint will be dismissed, since he has no standing to sue Jim. b)Tom's complaint will be dismissed, since assault is a criminal, not a civil, matter. c)Tom's complaint will be successful, since assault is both a civil and a criminal matter. d)Tom's complaint will be successful, since he has standing to sue Jim as his neighbor

a)Tom's complaint will be dismissed, since he has no standing to sue Jim.

Which of the following is a primary component of the Takings Clause? a)a public purpose b)adverse possession c)a deed of trust associated with the property d)a security interest in the property

a)a public purpose

When government regulatory programs interfere with the exercise of individual rights, they are subject to __________ challenge. a)a procedural due process, but not a substantive due process, b)a substantive due process, but not a procedural due process, c)neither a substantive nor a procedural due process d)both a substantive and a procedural due process

a)both a substantive and a procedural due process

The responsible corporate officer doctrine: a)directs that corporate officials and agents may be held liable for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control. b)states that officials cannot be tried for homicide and related crimes. c)directs that corporate officials may be tried only for crimes that they personally commit. d)states that corporate officials have no liability if they have no knowledge of the activities in question.

a)directs that corporate officials and agents may be held liable for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control.

If the United States Congress enacts a federal statute regulating the sale of automatic weapons and Kentucky passes a state law that conflicts with the federal law, Kentucky's law is said to be: a)expressly preempted. b)void-for-vagueness. c)impliedly preempted. d)prevailing.

a)expressly preempted

One of the major criticisms against the USA PATRIOT Act is that it: a)goes too far in restricting civil rights. b)decreases the information-sharing power between investigative agencies. c)increases judicial and congressional oversight on the use of increased surveillance techniques. d)tips the balance too heavily in the individual's favor.

a)goes too far in restricting civil rights.

What are the three primary powers of independent administrative agencies? a)investigative, rule-making, and adjudicatory b)rule-making, adjudicatory, and executive veto c)investigative, nullification, and appellate d)rule-making, nullification, and appellate

a)investigative, rule-making, and adjudicatory

Under the allocational efficiency theory, the primary objective of a business corporation is to: a)maximize profits. b)maximize corporate social responsibility. c)minimize fraudulent activities. d)minimize criticism

a)maximize profits

A United States court of appeals is empowered to: a)review legal conclusions reached by lower federal courts. b)assume final responsibility for interpretation of the U.S. Constitution and federal statutes. c)accept appeals only from other districts. d)hear cases that have been appealed from U.S. Supreme Court decisions.

a)review legal conclusions reached by lower federal courts.

Which of the following protects people from arbitrary or unreasonable governmental interference with their life, liberty, or property rights? a)substantive due process b)procedural due process c)procedural equal protection d)substantive equal protection

a)substantive due process

The first ten Amendments to the United States Constitution are referred to as: a)The Bill of Rights b)The Preamble c)The Ten Commandments d)The Articles

a)the bill of rights

Which of the following delegate powers to administrative agencies to enact binding rules? a)The Legislative branch of government b)The Judicial branch of government c)The President d)The Executive branch of government

a)the legislative branch of government

The problem with the view that a corporation should attempt to act in the best interests of all of its various constituencies is that: a)the values of these constituencies may conflict. b)corporate managers often have a better sense of what is right. c)local communities will not benefit from these values. d)this tactic ignores the corporation's suppliers.

a)the values of these constituencies may conflict.

Which of the following is true of public policy? a. A court's view of public policy is determined by what the court believes is in the best interests of society. b. Public policy is not affected by any social or economic change. c. The judicial system (i.e., the courts) cannot establish public policy, since only the legislative branch of government (i.e., Congress) has such constitutional authority. d. Courts have limited discretion in ruling on questions of public policy.

a. A court's view of public policy is determined by what the court believes is in the best interests of society.

Which of the following is true regarding accession? a. A person who mistakenly improves property in good faith assuming that she is its owner is usually entitled to recover the cost of the improvement. b. It is the intermixing of goods belonging to different owners in such a way that the goods cannot later be separated. c. The owner of the original property generally does not become the owner of the improvements. d. Even if a person improves personal property without the consent of its owner, he has to be reimbursed by the owner.

a. A person who mistakenly improves property in good faith assuming that she is its owner is usually entitled to recover the cost of the improvement.

Which of the following is true regarding consideration? a. A promisor's promise not to commit a crime or a tort can never be consideration. b. A promise by public officials to perform their official duties always constitutes consideration. c. As a general rule, performing or agreeing to perform a preexisting duty is consideration. d. When new consideration is provided to support a contract modification, the modification is unenforceable.

a. A promisor's promise not to commit a crime or a tort can never be consideration.

Which of the following requires the true owner of property to claim it or bring a legal action to recover possession of it within a certain number of years after it has been mislaid? a. A statute of limitations b. A real property statute c. An adverse possession statute d. A statute of reclamations

a. A statute of limitations

On October 29, 2018, Alex agrees to paint Georgia's house during the Thanksgiving holiday for $8,000 in exchange for Georgia's promise to pay him $8,000 in cash immediately upon completion of the work. Which of the following is true in this case? a. Both parties are contractually bound on October 29, 2018, since each has given consideration for the other's promise. b. Alex could back out of the deal before the Thanksgiving holiday without legal liability if he can prove that $8,000 is inadequate consideration to paint Georgia's house (for example, if the fair market value for painting a house the size of Georgia's house is $12,000.) c. Georgia could hire another painter before the Thanksgiving holiday without legal liability to Alex because until he has painted the house, Alex has not given any consideration for Georgia's promise to hire him. d. Alex could back out of the deal before the Thanksgiving holiday without legal liability to Georgia, since she has not given any consideration for Alex's promise to do the work until she pays him.

a. Both parties are contractually bound on October 29, 2018, since each has given consideration for the other's promise.

Which of the following is true of discharge of contracts? a. Both parties to a contract are discharged when they have completely performed their contractual duties. b. If a party consents to an alteration, he or she is discharged. c. A party who has breached a contractual duty may be discharged from liability for breach if the other party brings suit within the statute of limitations. d. A contract created by mutual agreement between two parties cannot be discharged by mutual agreement.

a. Both parties to a contract are discharged when they have completely performed their contractual duties.

Which of the following contracts are generally assignable? a. Contracts promising to deliver goods b. Employment contracts c. Contracts involving personal rights d. Assignments of future wages

a. Contracts promising to deliver goods

Felipe purchases a plot of land that is owned by Ron. After he purchases the property, Felipe discovers that the land contains valuable mineral deposits and quarries them. Ron, who did not know that the land contained valuable minerals at the time of sale, sues Felipe to recover the value of the mineral deposits. Under these circumstances, _____. a. Felipe is the owner of the deposits because they became his personal property upon quarrying b. Felipe is the owner of the deposits because the mineral deposits are fixtures c. Ron can recover the fair market value of the mineral deposits because he did not intend to make a gift of personal property under these circumstances d. Ron can rescind the sale because Felipe is liable for conversion under these circumstances

a. Felipe is the owner of the deposits because they became his personal property upon quarrying

Which of the following is true regarding trespass to land? a. If no actual losses result from a trespass, the plaintiff usually will recover only nominal damages. b. Actual harm to the property is necessary for trespass. c. Any entry by a person onto land in the possession of another is a trespass, even if the entry is privileged. d. Any entry by a person onto land in the possession of another is a trespass, even if the entry is done with the possessor's permission.

a. If no actual losses result from a trespass, the plaintiff usually will recover only nominal damages.

Which of the following is true of justifiable reliance? a. It cannot lead to rescission of a contract if the complaining party was aware of the truth. b. Misrepresentation of public facts amounts to justifiable reliance. c. There should not be any causal connection between a misrepresentation and the complaining party's entry into the contract. d. It is an important element of unilateral mistakes.

a. It cannot lead to rescission of a contract if the complaining party was aware of the truth.

Which of the following is true regarding a life estate? a. It gives a person the right to use property only for his own lifetime or for a time that is measured by the lifetime of somebody else. b. It gives a person the right to use property for an indefinite period. c. It does not hold a person owning a life estate liable if he commits acts that will result in permanent injury to the property. d. It gives a person the right to have someone who owns an adjoining piece of property refrain from making certain uses of his or her land.

a. It gives a person the right to use property only for his own lifetime or for a time that is measured by the lifetime of somebody else.

Which of the following is a reason for voiding a contract based on illegality? a. It is contrary to public policy. b. The court does not allow the recovery of damages. c. Both of the parties are ignorant of the facts that made the bargain illegal. d. It is in violation of the UCC; a court may not however, void a contract that is violation of the common law, since the UCC has replaced the common law in all fifty (50) states.

a. It is contrary to public policy.

Which of the following is true of anticipatory repudiation? a. It occurs if promisors, prior to the time for performance, indicate an intent not to perform their duties under the contract. b. Its indication can arise only from implicit actions, and the other party can sue after two weeks for breach of contract. c. It occurs when the promisee's performance fails to reach the degree of perfection the other party is justified in expecting under the circumstances. d. Its indication can arise only in the form of an express statement by the promisor and the other party cannot treat the contract as breached.

a. It occurs if promisors, prior to the time for performance, indicate an intent not to perform their duties under the contract.

Which of the following is true regarding the Equal Pay Act? a. It requires that both sexes have equal pay for jobs that require equal responsibility and that are performed under similar working conditions. b. Equal rates of pay are permitted under seniority and merit systems, as well as other incentive-based systems. c. It is designed to prevent problems such as the underfunding and careless management of pension funds. d. The Equal Pay Act was passed as an amendment to the Equal Employment Opportunity Act (EEOA), prohibiting sex discrimination in pay.

a. It requires that both sexes have equal pay for jobs that require equal responsibility and that are performed under similar working conditions.

Which of the following is required for an S corporation to be taxed as a partnership? a. Its shareholders must consent in writing to having the corporation taxed as a partnership. b. There can be no more than eighty (80) shareholders in the S corporation. c. Its shareholders must all be corporate executives or board members of the S corporation. d. Its losses and earnings must not be reported on the shareholders' individual tax returns.

a. Its shareholders must consent in writing to having the corporation taxed as a partnership.

Lamar writes a letter that says, "I agree to sell to Jameson five modern art paintings," and he signs the letter. Jameson is an art dealer and he receives this writing from Lamar and does not object in writing within 10 days of receiving it. Which of the following is true according to the UCC? a. Jameson has lost his statute of frauds defense because he did not object to the contract. b. The contract will be considered void because of the lack of written evidence from James. c. Lamar will be prevented by the statute of frauds to take the case to the court. d. Lamar would have a good statute of frauds defense because Jameson has not signed the contract.

a. Jameson has lost his statute of frauds defense because he did not object to the contract.

The manager of Mack's Bar sent Olive Outlet an order for 200 cases of olives to be shipped "as soon as possible." The day Olive Outlet receives Mack's order, it ships the olives. Later that day, Mack's manager phones Olive Outlet and tries to revoke his offer. Under these circumstances: a. Mack's Bar cannot revoke because a contract was created when Outlet shipped the olives. b. Mack's Bar can revoke based on principles of promissory estoppel. c. Mack's Bar can revoke because the acceptance had not been received. d. Mack's Bar cannot revoke, since the olives will spoil if they are shipped back.

a. Mack's Bar cannot revoke because a contract was created when Outlet shipped the olives.

Sixteen-year-old Chuck Olson buys a used car from Bobby Duncan Used Car Center on September 15, 2018. Olson agrees to pay $400 a month for 12 months. One month after the purchase, Olson is involved in an accident and wrecks the car. He immediately calls Bobby Duncan Used Car Center and informs the seller that he is disaffirming the contract. According to traditional common law, which of the following is most likely to be true? a. Olson does not have a duty to place Bobby Duncan Used Car Center in the status quo ante. b. Olson can require Bobby Duncan Used Car Center to repair the car, particularly if he chooses to retain possession of the car after disaffirming the contract. c. Olson must pay for the damages and then return the car to Bobby Duncan Used Car Center. d. Olson can press charges against Bobby Duncan Used Car Center for selling the car to a minor.

a. Olson does not have a duty to place Bobby Duncan Used Car Center in the status quo ante.

William and Nigel decide to form a partnership for their business. They ask their friend Sophia to become a limited partner in order to help them with additional funds to get the business started. Which of the following regarding Sophia is correct if she becomes a limited partner in this scenario? a. She may lose her investment if the business fails, but she will have no personal liability for partnership debts. b. She cannot share in the profits of the business. c. She will be entitled to a salary for the services she renders to the partnership. d. She may assist in the management of the business without losing her limited partnership protection.

a. She may lose her investment if the business fails, but she will have no personal liability for partnership debts.

Stenson Corporation agreed to create employee identification cards for McLaughlin, Inc. for $60,000. Some of the cards delivered by Stenson were damaged during the lamination process. McLaughlin promised Stenson an additional $20,000 to replace the damaged identification cards, and Stenson did so. McLaughlin refused to pay Stenson more than $60,000 for the work. Which of the following is true in this case? a. Stenson Corporation is only entitled to $60,000 for its work. b. Stenson Corporation is entitled to the additional $20,000, as legal value has nothing to do with adequacy of consideration. c. Stenson Corporation is only entitled to $60,000 for its work, since as a matter of law, hybrid contracts (i.e., contracts including both goods and services) cannot be modified. d. McLaughlin, Inc. owes Stenson Corporation the additional $20,000 due to Stenson's forbearance.

a. Stenson Corporation is only entitled to $60,000 for its work.

Which of the following is true regarding the UCC? a. The UCC has been adopted by all states except Louisiana, which has adopted only part of the code. b. The most obvious purpose of the UCC is to cover commercial transactions between buyers and sellers that take place within a particular state. c. The main purpose of the UCC is to enable private parties to enter in to non-commercial transaction not subject to tariffs and other governmental restrictions. d. Although it originated in the US, the UCC has been adopted by the vast majority of industrialized and post-industrialized countries.

a. The UCC has been adopted by all states except Louisiana, which has adopted only part of the code.

Which of the following is true regarding duress? a. The courts have generally held that the threat of a well-founded civil suit is not duress. b. The reason behind the idea of duress is that mistakes may prevent the "meeting of the minds" required by contract law. c. The term duress is used in contract law to describe the situation in which one or both of the parties to an agreement acted under an untrue belief about the existence or nonexistence of a material fact. d. The basic idea behind duress is to protect the old, the timid, and the physically or mentally weak from those who gain their confidence and attempt to take advantage of them.

a. The courts have generally held that the threat of a well-founded civil suit is not duress.

Which of the following is true about building and construction contracts? a. The engineer's or architect's certificates, which are often issued at each stage of completion, indicate that the work is done to the satisfaction of the architect or engineer. b. The building and construction contracts require the builder to give the owner an engineer's certificate for satisfactory performance after the owner has paid the builder for the project. c. The courts require the promisee to accept performance that would satisfy a reasonable person for contracts involving matters of personal taste and comfort. d. The promisee who is dissatisfied with the mechanical fitness, utility, or marketability may reject the performance without liability, even if doing so is unreasonable.

a. The engineer's or architect's certificates, which are often issued at each stage of completion, indicate that the work is done to the satisfaction of the architect or engineer.

Brian offers to sell Jerry his house for a designated price, but a hurricane destroys the house before Jerry accepts the offer. Which of the following is true regarding the offer and Jerry's legal rights in this case? a. The offer terminated when the hurricane destroyed the house, as it happened without the fault of either party. b. If the offer is not revoked within a week after the incident took place, the offer remains open and Jerry can accept Brian's offer and sue to recover compensatory damages. c. Jerry is legally entitled to purchase a comparable home from another seller and recover the discrepancy in price (assuming the substitute house is more expensive than Brian's offer price) from Brian. d. To terminate the offer, Brian must file a written termination statement with the court of appropriate jurisdiction.

a. The offer terminated when the hurricane destroyed the house, as it happened without the fault of either party.

Which of the following basic requirements must be met for an offer to sell goods to be a firm offer? a. The offeror must be a merchant b. It must contain assurances that it will be revocable. c. It can be valid for up to, but not exceeding, thirty (30) days. d. It must have been made orally.

a. The offeror must be a merchant

Which of the following remedies is used for cases involving illegal wagering contracts? a. There are no remedies for such cases. b. Forfeiture of excess interest c. Enforceability of the contract in such cases d. Weekday ratification of contracts

a. There are no remedies for such cases.

Which of the following is true regarding the rules related to consent? a. They are designed to protect a party from their own innocent mistakes and from the other party's unacceptable behavior. b. They are designed to protect a party from his or her own failure to use reasonable care when researching and entering into a contract. c. They are often used by courts to protect a party from his or her own failure to use reasonable care when researching and entering into a contract. d. They are not designed to protect a party from their own innocent mistakes; instead, they are designed to protect him or her from the other party's unacceptable behavior.

a. They are designed to protect a party from their own innocent mistakes and from the other party's unacceptable behavior.

George owns three adjacent town houses in an upscale neighborhood. He sells one to Bernardo but gets him to promise to never sell the property to a woman or a poor person. This restriction is built into the deed George gives to Bernardo, along with a statement that the property is to revert to George if this promise is broken. Which of the following is true regarding this case? a. This restriction is not enforceable because it is against public policy. b. This restriction is not enforceable because private restrictions only apply to the size and cost of the house. c. This restriction is enforceable because it does not effectively prevent the sale of the property to anyone else. d. This restriction is enforceable because it is built into the deed.

a. This restriction is not enforceable because it is against public policy.

Which of the following is true regarding minors and necessaries? a. Whether a given item is considered a necessary depends on the facts of the particular case. b. Items sold to a minor are considered necessaries of life even if the minor's parent or guardian has supplied or is willing to supply similar items. c. A car is not considered a necessary for a minor. d. As a general rule, the definition of necessary is narrowing to exclude things commonly considered important by today's standards.

a. Whether a given item is considered a necessary depends on the facts of the particular case.

In negligence law, the "reasonable person" is __________. a. a hypothetical being b. the plaintiff c. any member of the trial jury d. the defendant

a. a hypothetical being

What is the property interest conveyed to a tenant called? a. a leasehold estate b. an easement of habitability c. a constructive ownership interest d. a landed estate

a. a leasehold estate

A lease can be terminated early by _____. a. a party's material breach of the lease b. an assignment c. the landlord's unilateral discretion d. a subleasing agreement

a. a party's material breach of the lease

Injunctions are __________. a. available when a breach of contract threatens to produce an irreparable injury b. not a form of equitable remedy, which is granted depending on the equities of a case c. mandatory if the court orders a party to refrain from doing certain acts d. used to compel personal service

a. available when a breach of contract threatens to produce an irreparable injury

Ownership of property involves a _____ recognized and enforced by society. a. bundle of legal rights b. sole equitable right c. sole legal right d. bundle of equitable rights

a. bundle of legal rights

Assignees __________. a. can sue a promisor for nonperformance b. are not required to notify the promisor of the assignment c. can acquire greater rights than an assignor d. are not entitled to the rights to a promisor's performance

a. can sue a promisor for nonperformance

Contracts that are traditionally required to be in writing by the statute of frauds are __________. a. contracts for the transfer of an interest in land b. bilateral contracts that have been fully performed by both parties c. bilateral contracts that are capable of being performed within a year of their formation d. contracts for the sale of goods costing less than $500

a. contracts for the transfer of an interest in land

The __________ copyright infringement theory of recovery has been used effectively against several suppliers of peer-to-peer file sharing software that has been used to download CDs and DVDs from the Internet. a. contributory b. comparative c. indirect d. direct

a. contributory

A patent: a. deprives competitors of the opportunity to use the invention without the patent holder's consent. b. creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies. c. includes articles or processes falling under the category of physical phenomena or abstract ideas. d. grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period.

a. deprives competitors of the opportunity to use the invention without the patent holder's consent.

Acts that have a discriminatory effect are referred to as _____. a. disparate impact b. hostile work environment c. quid pro quo d. disparate treatment

a. disparate impact

If a court finds a contract to be unconscionable, the UCC gives it the power to __________. a. enforce the contract in a way that avoids an unconscionable result b. enforce only the legal obligations of the superior party involved c. relieve a party of liability under willful misconduct or fraud d. relieve one party from liability for the consequences of his or her own negligence

a. enforce the contract in a way that avoids an unconscionable result

A(n) _____ is attached to or used in connection with real property in such a way as to be treated as part of the real property. a. fixture b. bailment c. debenture d. addendum

a. fixture

Fredrick is about to undergo major surgery to remove a brain tumor. Fredrick gives his watch to his nephew, Harry, and tells Harry he wants him to have it if he does not survive the operation. Fredrick's gift to Harry is a _____. a. gift causa mortis b. constructive will bequest c. residuary gift d. gift inter vivos

a. gift causa mortis

In an agreement between two parties, if the facts indicate that a term was left out because the parties were unable to reach an agreement about it, it would probably mean that the: a. intent to contract is absent, and no contract was created. b. UCC must fill in any gaps left in the agreement. c. CISG must fill in the gaps only if the price terms are left in the agreement. d. parties intended to contract and CISG must fill in any gaps left in the agreement.

a. intent to contract is absent, and no contract was created.

According to the UCC, the "reasonableness" standard: a. is a practical standard used to gauge what people really do in the marketplace. b. refers to the factual or status incapacity of one or more contracting parties. c. requires that jurors use their subjective opinions to determine whether a contract for the sale of goods exists, and whether justice dictates that it can be enforced. d. is a theoretical concept based on the "reasonable person" standard of tort law.

a. is a practical standard used to gauge what people really do in the marketplace.

Horizontal price-fixing _____. a. is an attempt by competitors to interfere with the market and control prices b. can be legally justified if there was a direct agreement between competitors c. is also called resale price maintenance d. occurs when the manufacturer gets the retailer to agree to follow the suggested retail price

a. is an attempt by competitors to interfere with the market and control prices

When compared to traditional contract law, the UCC: a. is more likely to find that the parties have a contract. b. gives more evidentiary weight to the technical requirements of a contract such as offer, acceptance, and consideration. c. is less concerned with recognizing the reasonable expectations of contracting parties. d. applies an inflexible standard to the recognition of a contract's existence and its enforcement.

a. is more likely to find that the parties have a contract.

The duty not to commit waste means the tenant _____. a. is responsible for the routine care and upkeep of the property b. has a duty to pay rent in the agreed-upon amount and at the agreed-upon times c. has a duty to make repairs regardless of whether the damage was caused by his negligence d. should take reasonable care to protect the property from criminal conduct

a. is responsible for the routine care and upkeep of the property

When two parties have directly, but orally, stated all the terms of a contract at the time it was formed, they have: a. made an express contract b. not made an enforceable contract c. made an implied contract d. executed a contract

a. made an express contract.

When the finder of a lost property knows who the owner is and refuses to return it to him or her, the finder _____. a. must pay the owner the fair value of the property b. will not be guilty of conversion c. will be found guilty of accession d. must pay the owner the projected future value of the property

a. must pay the owner the fair value of the property.

Which of the following is a circumstance where both parties involved in a contract are under a mistaken belief about a material fact? a. mutual mistake b. unilateral mistake c. frustration of purpose d. undue influence

a. mutual mistake

Darius has the right to prevent his neighbor from erecting a building on his property that would block light and air from Darius's home. This is an example of a(n) _____. a. negative easement b. adverse possession c. necessity d. affirmative easement

a. negative easement

Rosario worked late nights at a convenience store. One night, Rosario discovered that the "emergency alert" security system was not working. The owner of the store told her that he would have the system repaired immediately. Nevertheless, a month went by before the system was repaired. In the meantime, the store was robbed while Rosario was working and during the robbery, the perpetrator broke Rosario's leg. Under these circumstances, if Rosario files a civil lawsuit against the store and its owner, she is most likely to recover for: a. negligence because the harm was foreseeable. b. worker's compensation only since her injury occurred during the course and scope of her employment. c. assault and battery because the store owner's inaction was the proximate cause of her injury. d. strict liability since the robbery was an inherently dangerous activity.

a. negligence because the harm was foreseeable.

Caleb and his friend Louie agreed that Caleb would lease an apartment from Louie for three months in the summer. On the date the lease was to begin, Caleb arrived at the apartment and discovered that Louie's friend, Sheila was already living there. In this scenario, Louie has violated the implied warranty of _____. a. possession b. liability c. no-liability d. habitability

a. possession

In determining whether the offeree accepted the offer, the court looks for the offeree's __________ intent to contract. a. present b. subjective c. potential d. future

a. present

The equitable doctrine of __________ allows some parties to recover under oral contracts that the statute of frauds would have ordinarily rendered unenforceable. a. promissory estoppel b. subrogation c. frustration of purpose d. commercial impracticability

a. promissory estoppel

Regulatory statutes are designed primarily to __________. a. protect the public from dishonest persons b. prohibit the performance of certain work and the transaction of certain business on Sunday c. regulate betting and gambling d. prohibit charging more than a stated amount of interest for the use of money

a. protect the public from dishonest persons

What type of damages are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive? a. punitive b. compensatory c. consequential d. nominal

a. punitive

If an oral contract has been declared unenforceable under the statute of frauds, yet one of the parties has rendered some performance under the contract that conferred benefits on the other party, he or she can recover the reasonable value of the performance in __________. a. quasi contract b. collateral enforcement c. subrogation d. pari delicto

a. quasi contract

The duty to mitigate damages __________. a. requires the plaintiff to do so without undue risk, expense, or humiliation b. requires the plaintiff to recover damages only in case of physical injuries c. allows the non-breaching party to waive his or her right to insist on complete performance d. is not applicable unless the defendant had reason to foresee them at the time the contract was created

a. requires the plaintiff to do so without undue risk, expense, or humiliation

A party who enters into an illegal contract can recover the consideration he or she gave, if the party __________. a. rescinds the contract before any illegal act has been performed b. reports the illegal act to law enforcement after committing it c. demonstrates an unequal bargain due to the illegal contract d. rescinds the contract immediately after the illegal act has been performed

a. rescinds the contract before any illegal act has been performed

A freeze-out _____. a. results in the minority shareholder having little influence in important corporate issues such as a loss of employment b can be easily reversed in court c. occurs mostly in S corporations d. occurs when a majority shareholder is prohibited by management from being involved in the business decision-making process regarding such issues as a reduction or elimination of dividends

a. results in the minority shareholder having little influence in important corporate issues such as a loss of employment

In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the: a. suit was brought for an improper purpose. b. wrongfully brought suit terminated in the defendant's favor. c. suit was brought with probable cause. d. wrongfully brought suit did not terminate in his favor.

a. suit was brought for an improper purpose.

Conversion is defined as: a. the unlawful taking of or exercise of control over the personal property of another person. b. the intentional confinement of a person for an appreciable time without the person's consent. c. intrusion on a person's solitude or seclusion and publishing private facts about a person. d. the use of force to drive away a person's customers or employees.

a. the unlawful taking of or exercise of control over the personal property of another person.

In most states, the statute of frauds makes oral contracts that come within its provisions __________. a. unenforceable b. voidable c. valid b. illegal

a. unenforceable

To recover for trademark infringement, the plaintiff must generally show that the defendant __________. a. used the trademark in connection with the sale, distribution, or advertising of goods and services b. disparaged the trademark c. specifically intended to violate the plaintiff's intellectual property rights d. re-introduced the trademark into a non-commercial setting without the plaintiff's permission

a. used the trademark in connection with the sale, distribution, or advertising of goods and services

If S. Win Dell, a professor at State University, charges extra fees for students to take a regularly scheduled class, it would not qualify as consideration because such an act: a. violates the preexisting duty rule. b. constitutes forbearance. c. is prohibited by the promissory estoppel doctrine. d. gives rise to a unilateral contract, and such contracts are unenforceable in an education setting.

a. violates the preexisting duty rule

If a party to a contract lacks the capacity to contract, the contract is: a. void or voidable, depending on the kind of incapacity involved. b. void in all circumstances c. voidable in all circumstances d. enforceable nevertheless, since a contract is, by definition, a binding agreement

a. void or voidable, depending on the kind of incapacity involved.

Under a pure comparative negligence system, plaintiffs __________. a. will recover the portion of their losses not attributable to their fault b. who share fault with the defendant will not recover from the defendant c. will not recover from the defendant if they are as much or more at fault for their injuries as is the defendant d. will recover the full extent of their losses from the defendant even if they were fully aware of the risks involved in participating in the event that resulted in their injuries

a. will recover the portion of their losses not attributable to their fault

Under the parol evidence rule, parties cannot vary the terms of a(n) __________. a. written contract by introducing evidence of terms allegedly agreed on prior to, or contemporaneous with the writing b. oral contract by introducing evidence of a written agreement c. oral agreement by publishing notice of a subsequent modification d. written contract by introducing evidence of another writing signed after the original contract was drafted

a. written contract by introducing evidence of terms allegedly agreed on prior to, or contemporaneous with the writing

A record in writing of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys that must be prepared and forwarded to the appeals court is called a(n) __________. a)motion in limine b)transcript c)amicus brief d)brief

b) transcript

In common law, children under the age of __________ were incapable of forming a criminal intent, children between the ages of __________ were presumed incapable, and children between the ages of __________ were presumed capable. a)16; 16 and 18; 18 and 21 b)7; 7 and 14; 14 and 21 c)15; 15 and 16; 16 and 18 d)12; 12 and 15; 15 and 18

b)7; 7 and 14; 14 and 21

Which of the following is generally the first step in interpreting a statute? a)Considering the public purpose best served by the law. b)Examining the plain meaning of the words c)Reviewing the statute's legislative history. d)Determining the purpose of the law.

b)Examining the plain meaning of the words.

Which of the following is a true statement regarding a government "taking?" a)Any time a landowner is denied some economically beneficial use of his or her property, a compensable taking has occurred. b)If the government physically invades private property, a taking has occurred and compensation must be paid. Correct c)A zoning ordinance automatically constitutes a taking. d)Every form of governmental interference with property ownership constitutes a taking.

b)If the government physically invades private property, a taking has occurred and compensation must be paid.

Which of the following is designed in a civil case to make the wronged party whole? a)Jail b)Damages c)Equitable Relief d)Fine

b)damages

The prohibition against excessive bail or fines can be found in the __________ Amendment to the United States Constitution. a)Fourth b)Eighth c)Sixth d)fifth

b)eighth

Many corporations initiate legislation in order to: a)maximize the risk of more costly regulations for competitors. b)head off the risk of unpredictable lawsuits in the future. c)ensure that all legal rules reflect social interests only. d)ensure that their business partners are subject to more rigid constraints than is applicable to them

b)head off the risk of unpredictable lawsuits in the future.

Mr. Gregg has made an inflammatory speech denouncing the action of the government in the recent war. In this scenario, the court will uphold the governmental restrictions on his speech only: a)under the Fifth Amendment to the United States Constitution. b)if the regulation is the least intrusive means to promote a compelling governmental interest. c)if it is commercial speech, which will then receive protection under the Fifth Amendment to the U.S. Constitution. d)under the Fourteenth Amendment to the U.S. Constitution.

b)if the regulation is the least intrusive means to promote a compelling governmental interest.

If the United States Congress enacts valid legislation dealing with foreign or interstate commerce and state law conflicts with that legislation, the state law will be unconstitutional. In such cases, the state law is said to be __________. a)unconditionally ratified b)implicitly preempted c)preempted d)conditionally ratified

b)implicitly preempted

Rational basis is an extremely __________ level of scrutiny that presumes a government regulation is __________. a)lenient; unconstitutional b)lenient; constitutional c)strict; unconstitutional d)strict; constitutional

b)lenient;constitional

Noncommercial speech is also known as __________ or __________ speech. a)salacious; political b)pure; political c)sacrosanct; apolitical d)inflammatory;apolitical

b)pure;political

The Sarbanes-Oxley Act: a)motivates executives to inflate reports of corporate profits. b)raises the penalties for illegal behavior c)adopts the theory of allocational efficiency. d)gives corporations greater freedom from government control.

b)raises the penalties for illegal behavior.

The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM): a)requires that all e-mail messages be labeled. b)requires that unsolicited commercial e-mail include opt-out instructions. c)allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime. d)prohibits interference with computers used by the government or financial institutions.

b)requires that unsolicited commercial e-mail include opt-out instructions.

Which of the following lends predictability to decisional law by relying on prior decisions? a)Res judicata b)Stare decisis c)Public policy d)Ex post facto laws

b)stare decisis

According to the justice theory, __________. a)society's benefits and burdens should fall on only certain segments of society b)the decision makers' choices are to be guided by fairness and impartiality c)the focus is on the process of decision making, not the outcome d)the morality of any action is determined by applying the categorical imperative

b)the decision makers' choices are to be guided by fairness and impartiality

Which of the following is true regarding a quasi contract? a. A person is held liable under quasi contract for benefits he or she reasonably believed were given as a gift. b. A person is not held liable under quasi contract for benefits he or she received unknowingly. c. A quasi contract is a legal fiction created by the court to avoid enrichment of the dominant party. d. A quasi contract does not involve contract-like duties imposed by the court.

b. A person is not held liable under quasi contract for benefits he or she received unknowingly.

Adam contracts to sell Ben 10,000 widgets for $100,000 for the production of goods in Ben's factory. Adam does not know that Ben's factory is closed pending receipt of the supply of widgets from Adam. Which of the following is true regarding damages resulting from Adam's late delivery of the widgets to Ben? a. Adam will be liable for nominal damages. b. Adam will not be liable for consequential damages. c. Adam will be liable for consequential damages. d. Adam will be liable for compensatory damages.

b. Adam will not be liable for consequential damages.

Beck tells his mom that he is thinking of selling his motorcycle to his neighbor, Sam, for $100. Beck's mom calls Sam and tells him about her conversation with Beck. Sam then calls Beck and tells him that he accepts his offer. Under these circumstances, __________. a. Beck's offer is valid despite his mom's undue influence b. Beck's offer has not been communicated c. there is a contract between Beck and Sam d. Beck's mom has conditionally tendered Beck's offer

b. Beck's offer has not been communicated

Which of the following is true regarding false imprisonment? a. False imprisonment is the unintentional confinement of a person for an appreciable time without the person's consent. b. Confinement occurs when a person substantially restricts another person's freedom of movement. c. Standing in a person's path constitutes false imprisonment. d. The partial obstruction of a person's progress can constitute false imprisonment.

b. Confinement occurs when a person substantially restricts another person's freedom of movement.

Which of the following is correct regarding the assignment of contractual rights? a. Forbearance is generally required to create an assignment. b. Contractual rights can be given away as well as sold. c. An assignment must be in writing in order to be enforceable. d. The law does not recognize an oral assignment.

b. Contractual rights can be given away as well as sold.

Which of the following is true regarding current judicial interpretations of contract law? a. Courts today have entirely shifted their emphasis from protecting consumers and workers to protecting business and promoting industrialization. b. Courts today tend to view with great suspicion attempts by manufacturers to limit their responsibility for product defects. c. Modern courts are not willing to consider defenses based on inequality of bargaining power between the parties. d. Modern courts do not have the legal authority to control private-party contracts.

b. Courts today tend to view with great suspicion attempts by manufacturers to limit their responsibility for product defects.

Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head, but she misses. At the time, Julio was turned away from Esther and was completely unaware that she tried to hit him. In this situation, __________. a. Esther is liable only for assault b. Esther is liable neither for battery nor assault c. Esther is liable only for battery d. Esther is liable for both battery and assault

b. Esther is liable neither for battery nor assault

Which of the following is true regarding fixtures? a. A conveyance of real property does not transfer the fixtures associated with that property. b. Fixtures associated with a real property belong to the owner of the real property. c. Fixtures cannot be categorized as property if they are not specifically mentioned as such in a conveyance. d. A person who attaches fixtures to real property is always entitled to compensation from the owner.

b. Fixtures associated with a real property belong to the owner of the real property.

Which of the following is true of contracts made illegal by statutes? a. Sunday laws do not vary across states in a country. b. Forfeiture of excess or all interest is a common penalty for violation of usury laws. c. Not all states have statutes that either prohibit or regulate gambling. d. Blue laws prohibit certain work and the transaction of certain business on Monday.

b. Forfeiture of excess or all interest is a common penalty for violation of usury laws.

Which of the following is true regarding the doctrine of constructive eviction? a. It does not permit the tenant to vacate the property. b. It applies to both residential and commercial property. c. It applies to residential property only, not commercial property. d. It does not permit the tenant to terminate the lease.

b. It applies to both residential and commercial property.

Which of the following is true regarding vertical price-fixing? a. It is an attempt by competitors to interfere with the market and control prices. b. It is an attempt by manufacturers to control the resale price of their products. c. It is not within the scope of Section 1 of the Sherman Act. d. It is illegal per se for manufacturers to state a "suggested retail price" for their products.

b. It is an attempt by manufacturers to control the resale price of their products.

Which of the following is true regarding a sole proprietorship? a. Employees of the business are not the personal employees of the owner. b. It may be operated under an assumed or trade name. c. The salaries paid to the employees are not deductible in determining taxable income. d. The owner is personally immune from business-related tort and contract liability.

b. It may be operated under an assumed or trade name.

Which of the following is true regarding the Clayton Act? a. It was intended to be preventative in nature, and in most cases the actual occurrence of a significant anticompetitive effect must be shown to establish a violation. b. It was intended to be preventative in nature, and in most cases only the probability of a significant anticompetitive effect must be shown to establish a violation. c. It was intended to be reactive in nature, and in most cases the actual occurrence of a significant anticompetitive effect must be shown to establish a violation. d. Its enactment effectively nullified the Sherman Act.

b. It was intended to be preventative in nature, and in most cases only the probability of a significant anticompetitive effect must be shown to establish a violation.

Which of the following activities would most likely result in the defendant's strict liability if a plaintiff is injured? a. Not wearing prescription eyeglasses while driving b. Keeping a wolf as a pet c. Playing a game of dodgeball d. Driving with an expired driver's license

b. Keeping a wolf as a pet

In terms of Section 1 of the Sherman Act (Section 1) analysis, which of the following is true regarding per se activities and rule of reason actions? a. Both per se activities and rule of reason actions automatically violate Section 1. b. Per se activities are automatically illegal, while the legality of a rule of reason action can be determined only after examining the behavior's ultimate effect on competition. c. Rule of reason actions are automatically illegal, while the legality of a per se activity can be determined only after examining the behavior's ultimate effect on competition. d. Neither per se activities nor rule of reason actions violate Section 1.

b. Per se activities are automatically illegal, while the legality of a rule of reason action can be determined only after examining the behavior's ultimate effect on competition.

Which of the following is true regarding exculpatory clauses? a. Exculpatory clauses are contract provisions that provide for punitive damages in the event of gross negligence, extreme recklessness, or an intentional act that causes harm to a contracting party. b. Public policy generally favors holding people responsible for their own behavior. c. Exculpatory clauses that seek to avoid liability for willful misconduct are generally enforceable. d. Exculpatory clauses that seek to avoid liability for fraud are generally enforceable.

b. Public policy generally favors holding people responsible for their own behavior.

Which of the following is true regarding the transfer of real property by sale? a. Agreement between the seller and the buyer to purchase real property need not necessarily be in writing to be enforceable under the statute of frauds. b. Real estate sales contracts must be evidenced by a suitable writing signed by the party to be charged to be enforceable. c. Exclusive rights to sell contracts entitle the broker to a commission only if he procures the buyer. d. Engagement of a real estate broker is a legal requirement for the sale of real property.

b. Real estate sales contracts must be evidenced by a suitable writing signed by the party to be charged to be enforceable.

Which of the following is true regarding the tort of assault? a. Most courts say that "mere words are enough" for assault. b. The tort of assault is designed to protect people from threats of battery. c. Assault is putting another in apprehension of an eventual threat to his or her physical safety. d. Contact is necessary.

b. The tort of assault is designed to protect people from threats of battery.

Which of the following is true about the modification of an existing contract under the UCC? a. If the price of the goods in a modified agreement is $500 or more, the modification is unenforceable. b. There is no duty to agree to a modification. c. Agreements to modify contracts for the sale of goods need consideration to be binding. d. There is no legal prohibition against agreements that result from coercion.

b. There is no duty to agree to a modification

What is the fundamental reason for the legal rule allowing minors to disaffirm contracts? a. Their parents are legally responsible for all contracts they execute. b. They may not be able to bargain effectively with older, more experienced persons. c. They have factual incapacity. d. They do not have the capability of understanding the terms and nature of the contract.

b. They may not be able to bargain effectively with older, more experienced persons.

Catherine is contracted to perform a violin solo for Patricia. Catherine assigns the contract to Dillon. Which of the following is true regarding a delegation of duty in this case? a. This is a valid delegation of Catherine's duty, since Catherine has entered into a novation with Dillon. b. This is not a valid delegation of Catherine's duty, since the contract is one in which Catherine's personal skill as a musician is an essential part of the agreement. c. This is a valid delegation of Catherine's duty, since Catherine does not want to play for Patricia. d. This is not a valid delegation of Catherine's duty, since all delegations must be expressly stated in the original contract.

b. This is not a valid delegation of Catherine's duty, since the contract is one in which Catherine's personal skill as a musician is an essential part of the agreement.

Why are contracts prohibiting competition with a buyer of a business or an employer generally assignable with the sale of the business? a. To comply with the Sherman Antitrust Act b. To protect the goodwill of the business c. To comply with the Fair Labor Standards Act (FLSA) d. To protect employees from losing their jobs

b. To protect the goodwill of the business

Tourneau Heavy Equipment, Inc. (Tourneau), a manufacturer of lawn mowers, sells a lawn mower model both to the retail chain Streetmart, Inc. (Streetmart) and to an independent retailer, Lawnworks, LLC (Lawnworks). Since Streetmart purchases significantly more mowers from Tourneau than does Lawnworks, Tourneau sells the mowers to Streetmart for $50 less per unit; as a result, Streetmart sells the mower at a lower retail price than does Lawnworks. Which of the following is true in this case? a. Tourneau is in violation of Section 3 of the Clayton Act. b. Tourneau is in violation of Section 2(a) of the Robinson-Patman Act. c. Tourneau is in violation of the Noerr Doctrine. d. Tourneau is in violation of the provisions of the Parker Doctrine.

b. Tourneau is in violation of Section 2(a) of the Robinson-Patman Act.

Which of the following is true regarding the misappropriation of a trade secret? a. When a misappropriation occurs, the owner is generally entitled to nominal damages and, in cases of willful misappropriations, exemplary damages. b. When a misappropriation occurs, the owner is generally entitled to compensatory damages and, in cases of willful misappropriations, punitive damages. c. When a misappropriation occurs, the owner is generally entitled to punitive damages and, in cases of willful misappropriations, compensatory damages. d. When a misappropriation occurs, the owner is generally entitled to exemplary damages and, in cases of willful misappropriations, nominal damages.

b. When a misappropriation occurs, the owner is generally entitled to compensatory damages and, in cases of willful misappropriations, punitive damages.

In which of the following situations might a court pierce the corporate veil? a. When the corporation pays dividends to shareholders b. When the corporation fails to observe corporate formalities c. When the corporation is used to promote justice d. When the corporation is adequately capitalized

b. When the corporation fails to observe corporate formalities

Bill downloaded an antivirus software from the Internet. According to the UCC, the software is __________. a. a good b. a service c. tangible personal property d. intangible real property

b. a service

On the same basis and for the same reasons as minors, people lacking mental capacity: a. do not need to return any consideration they have received. b. are liable for the reasonable value of necessaries. c. cannot disaffirm their contracts. d. should always place the other person in the status quo.

b. are liable for the reasonable value of necessaries.

If Gwen hands Lisa a detailed offer for the purchase of Lisa's pottery wheel and Lisa signs the offer without changing any of its terms, the parties have created a: a. unilateral contract b. bilateral contract c. multilateral contract d. contingent contract

b. bilateral contract

Conditions in contracts __________. a. should not be created orally b. can be impliedly created c. should always occur concurrently d. can be created only by using special words

b. can be impliedly created

Tony contracted to buy wheat from Brown, a farmer. It was contracted that Tony would pay Brown three days after the delivery of the wheat (delivered as of a stated date). Brown's delivery would be a(n) __________ of Tony's duty to pay. a. condition subsequent b. constructive condition precedent c. implied concurrent condition d. constructive concurrent condition

b. constructive condition precedent

The offeror who makes a firm offer and promises to hold it open for six months: a. could revoke after six months, even if the offeree has already accepted the offer. b. could revoke after three months, assuming the offeree has not already accepted the offer. c. cannot revoke the offer under any circumstances unless the offeree consents to the revocation. d. could revoke after three months, even if the offeree has already accepted the offer.

b. could revoke after three months, assuming the offeree has not already accepted the offer.

False statements about the quality of a seller's product or services, or the seller's ownership of goods offered for sale, may give rise to the tort of __________. a. slander b. disparagement c. libel d. conversion

b. disparagement

A person may have the right to use the land of another person but not to actually occupy it on a long-term basis. The property interest that grants a person this particular right is known as a(n) _____. a. license b. easement c. lease d. fee simple

b. easement

William and Carole Yates live in Overland Park, Kansas, where they have raised their son Benjamin and daughter Elizabeth. Eighteen-year-old Benjamin has always been close to his parents, but sixteen-year-old Elizabeth has had quite the "rebellious streak." Recently, she moved to San Francisco, California and got a full-time job in a tie-dye t-shirt shop in the Haight-Ashbury District. William and Carole were quite relieved to see her go. Elizabeth is said to be __________ from her parents. a. emaciated b. emancipated c. renunciated d. rescinded

b. emancipated

A statute that allows finders of property to clear their title to the property after taking steps to see whether the true owner can be located is known as a(n) _____. a. reclamation statute b. estray statute c. statue of limitations d. statute of repose

b. estray statute

Garrett tampers with the odometer of a car he is trying to sell. In order to convince the buyer that the car has run fewer miles than it actually has, he manually sets the odometer to the numbers of miles he wants displayed. In this scenario, Garrett is guilty of __________. a. forbearance b. fraud with intent to deceive c. undue influence d. duress

b. fraud with intent to deceive

A common carrier is liable for loss of or damage to property if the _____. a. damage was caused by the nature of the goods themselves b. goods entrusted to it are stolen by some unknown person c. damage was caused by an act or order of the government d. goods were damaged because of the shipper's negligence

b. goods entrusted to it are stolen by some unknown person

Timothy is a laborer in one of the leading construction firms located in Detroit, Michigan. His employment contract includes a clause which says he cannot work as a construction worker within the Detroit metropolitan region for fifteen years once he leaves the company. This clause is __________. a. illegal as it is injurious to public service b. illegal as a contract in restraint of trade c. legal because the employer can add any constraint to the agreement d. only illegal if it violates state or federal antitrust laws

b. illegal as a contract in restraint of trade

A donee beneficiary __________. a. is a third-party beneficiary who is no longer a part of an agreement b. is a third-party beneficiary to whom a gift of the contracted performance is given c. is a third-party beneficiary who incidentally benefits from a contract d. is a third-party beneficiary who cannot recover the value of the promised performance

b. is a third-party beneficiary to whom a gift of the contracted performance is given

Which of the following best defines scienter? a. It pertains to an actionable misrepresentation that concerns a present or past fact. b. It refers to the defendant's mental state. c. It is a causal connection between a misrepresentation and the complaining party's entry into the contract. d. It refers to scientific information accessible via the computer (i.e., the internet).

b. it refers to the defendant's mental state

Past consideration is sometimes accepted for _____________. a. legal obligations b. moral obligations c. performance of a unilateral contract d. official duties

b. moral obligations

Jose, a migrant worker who lived in a mobile home that he rented, died in a fire. The smoke alarm of the mobile home malfunctioned and did alert Jose to the fire. He was trapped inside while the fire engulfed him. The state had a law that required dwellings to be equipped with properly-maintained smoke detectors. In this scenario, Jose's widow can sue the owner of the mobile home for __________. a. intentional infliction of emotional distress b. negligence c. assault and battery d. disparagement

b. negligence

The formation of a general partnership requires _____. a. filing articles of partnership with the secretary of state in the state where the partnership has its essential business operations b. no express agreement Correct c. that each partner be liable for losses depending on the individual partner's contribution to the business d. a formal certificate of cancellation when the partnership is terminated

b. no express agreement

What damages are very small damages that a court may award a plaintiff when a technical breach of contract has occurred without causing any actual loss? a. compensatory b. nominal c. punitive d. liquidated

b. nominal

When both parties to an oral contract have fully performed their obligations under the contract, the parties are __________. a. allowed to seek compensatory damages b. not allowed to rescind the contract c. allowed to rescind the contract d. not allowed to recover the value of the performance in quasi contract

b. not allowed to rescind the contract

Iris parked her car in a municipal parking lot. She used an electronic lock to lock her car and kept the keys in her wallet. On returning, she noticed the word "Angels" scratched on her car door. Iris spent $1,000 in repairing the damage. Iris's boyfriend suggested that she sue the city because it was the city's responsibility to prevent vandalism. In this situation, a bailment was _____. a. created solely for the city's benefit; therefore, the city should have exercised ordinary care in preventing vandalism of Iris's car b. not created; therefore, it was not the city's duty to protect Iris's automobile c. created for the mutual benefit of Iris and the city; therefore, both parties were responsible for protecting the car from vandalism d. created solely for Iris's benefit; therefore, the city only owed minimal care in protecting her car

b. not created; therefore, it was not the city's duty to protect Iris's automobile

The parties to a contract can always terminate their old contract and enter into a new one by mutual agreement, even if the obligations of one party remain the same while the obligations of the other party are increased. This substitution of a new contract for an old one is known as a __________. a. promissory estoppel b. novation c. declaration against interest d. voluntary dismissal

b. novation

The Fair Labor Standards Act (FLSA) requires covered employers to _____. a. pay their employees double time b. pay their employees a minimum hourly wage c. pay their professional staff time and a half for hours worked in excess of forty-five (45) in one week d. be involved in hiring and firing decisions

b. pay their employees a minimum hourly wage

Technology transfer agreements (licensing): a. are presumptively invalid according to the territoriality principle. b. permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment. c. protect "distinctive" or "famous" marks from unauthorized uses only when confusion is likely to occur. d. prevent an intellectual property owner from granting to another party the right to use protected technology in return for some form of compensation.

b. permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment.

The doctrine of promissory estoppel: a. makes a contract enforceable b. protects reliance, not bargains c. protects bargains, not reliance d. does not make a promise enforceable

b. protects reliance, not bargains

"One who waits too long to complain has indicated satisfaction with the agreement despite the initial lack of true consent" is the idea behind the doctrine of __________. a. forbearance b. ratification c. res ipsa loquitur d. frustration of purpose

b. ratification

Statutes that require proof of character and skill and impose a penalty for violation are considered __________. a. revenue raising b. regulatory c. wagering d. usury

b. regulatory

Article 2 of the UCC applies to all contracts for the: a. provision of services b. sale of goods c. negotiation of commercial paper d. sale of real property

b. sale of goods

Martha entered into a contract with Terry, an art dealer. According to the contract, Terry was to supply 18th century artifacts to Martha for the play she was directing, and Martha was prepared to pay $50,000 for them. Another director needed the same artifacts and was willing to pay $60,000. Terry decided not to sell the artifacts to Martha. In this case, the court may order Terry to __________. a. substantially perform the contract b. specifically perform the contract c. pay nominal damages d. repudiate the contract

b. specifically perform the contract

If a landlord and a tenant agree on a specific duration of the lease and fix the date on which the tenancy will end, it is a _____. a. periodic tenancy b. tenancy for a term c. tenancy at sufferance d. tenancy at will

b. tenancy for a term

After a valid deed is delivered from a grantor to a grantee, _____. a. the grantee should post a legal notice in the newspaper b. the grantee should immediately record the deed c. the grantor's interests cannot be defeated by third parties d. title is still not effectively conveyed until the deed is witnessed and signed by at least two (2) disinterested witnesses

b. the grantee should immediately record the deed

To violate Section 2(a) of the Robinson-Patman Act, the discriminatory sales must occur within _____ period of time and involve goods of _____ grade and quality. a. different; different b. the same; like c. different; like d. the same; different

b. the same; like

An exception to the traditional no-liability rule is that the landlord has the duty _____. a. not to commit waste on the property b. to use reasonable care in performing repairs c. to make improvements to both the leased premises and common areas d. to ask the tenant to maintain common areas

b. to use reasonable care in performing repairs

A publisher makes an oral deal with an author in which the author agrees to write a new Business Law textbook. They agree that the book is due in two years. In this scenario, the contract is most likely to be __________. a. rescinded by a court b. unenforceable c. legally enforceable d. in quantum meruit

b. unenforceable

Jane tells Mark that she would pay him $50 if he finds her lost bag. This is an example of a __________ contract. a. multilateral b. unilateral c. bilateral d. contingent

b. unilateral

Patricia runs an advertisement in the local newspaper offering a $500 reward for the return of her lost Snowshoe cat, Dexter. Patricia has made a promise to pay the person who performs the act of returning Dexter. This is a(n)___________ contract. a. implied b. unilateral c. bilateral d. quasi

b. unilateral

An honest dispute about the existence or amount of a debt makes the debt a(n) __________ one. a. illusory b. unliquidated c. liquidated d. nominal

b. unliquidated

Which of the following is true regarding the government's calculation of just compensation for a taking? a)It entails calculating the fair market value of the property involved in the taking, plus all projected future profits. b)The government is required to use the landowner's subjective opinion of fair market value as prima facie evidence of the property's true worth. c)It entails calculating the fair market value of the property involved in the taking. d)It includes the landowner's emotional attachment to his or her land.

c)It entails calculating the fair market value of the property involved in the taking.

Which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution? a)It does not apply to substantive due process. b)It applies only to the federal government. c)It prohibits any state from arbitrarily discriminating against persons. d)It does not apply to procedural due process.

c)It prohibits any state from arbitrarily discriminating against persons.

which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution? a)It does not apply to substantive due process. b)It does not apply to procedural due process. c)It prohibits any state from arbitrarily discriminating against persons. d)It applies only to the federal government.

c)It prohibits any state from arbitrarily discriminating against persons.

The Fifth Amendment to the United States Constitution includes the __________. a)right of confrontation b)Prohibition against excessive bail or fines c)Prohibition against double jeopardy d)exclusionary rule

c)Prohibition against double jeopardy

The __________ Clause of the United States Constitution holds federal laws __________ to state laws in cases of conflict between the two bodies of law. a)Due Process Clause; superior b)Equal Protection Clause; inferior c)Supremacy; superior d)Takings; inferior

c)Supremacy; superior

Administrative agencies: a)cannot adjudicate disputes involving alleged violations of their regulations. b)are better suited to using the slower, case-by-case approach followed by the courts and the deliberative, incremental law-making process that frequently characterizes legislation. c)can investigate and prosecute violations of statutes and regulations. d)cannot perform legislative and judicial functions.

c)can investigate and prosecute violations of statutes and regulations.

Which of the following arises when courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule? a)Statutory law b)Executive orders c)Common law d)Judicial review

c)common law

The Takings Clause of the United States Constitution is triggered by the power of __________. a)res ipsa loquitur b)adverse possession c)eminent domain d)equal protection

c)eminent domain

The tendency for members of a group to internalize the group's values and perceptions and to suppress critical thought is known as __________. a)social malingering b)risky shift c)groupthink d)herd behavior

c)groupthink

District courts A)are the intermediate courts of the federal court system. b)only review the legal conclusions reached by lower federal courts. c)have both fact-finding and law-finding functions. d)are specialized courts in the federal court system.

c)have both fact-finding and law-finding functions.

Investigative committee reports, hearings and press announcements make up: a)Executive history b)Judicial history c)Legislative history d)Administrative history

c)legislative history

Which of the following is true of contracts involving fiduciaries? a. Any agreement that tends to induce a fiduciary to breach his or her fiduciary duties is considered legal. b. A fiduciary is a provision in a contract that attempts to relieve one party to the contract from liability for the consequences of his or her own negligence. c. A fiduciary can lawfully enter an agreement by fully and fairly disclosing the conflict to his or her principal or beneficiary in advance. d. Agreements by fiduciaries that favor the interests of a third person at the expense of their principals' interests are considered legal.

c. A fiduciary can lawfully enter an agreement by fully and fairly disclosing the conflict to his or her principal or beneficiary in advance.

Which of the following is true of a minor's ability to disaffirm? a. A minor may disaffirm her contract for a reasonable time before attaining majority. b. A minor may disaffirm her contract by doing anything that clearly indicates to the other party an intent to be bound by the terms of the contract. c. A minor may disaffirm his contract at any time during his minority and for a reasonable time after attaining majority. d. A minor may disaffirm his contract before reaching majority, unless the contract involves a contract for the sale of goods valued at $500 or more.

c. A minor may disaffirm his contract at any time during his minority and for a reasonable time after attaining majority.

With regard to rejection of an offer, which of the following is correct? a. The offeree's statement that he will not accept the offer is an implied rejection of the offer. b. A counteroffer constitutes an express rejection of an offer. c. A rejection must be actually received by the offeree to be effective. d. An offer is not terminated when it is rejected by the offeree.

c. A rejection must be actually received by the offeree to be effective.

Adella works for a large software company as a security analyst. In her free time away from work, she likes to develop computer games. Which of the following is true regarding ownership of the games Adella develops? a. The software company owns the games Adella develops. b. Adella and the software company jointly own the games she develops. c. Adella owns the games she develops. d. Adella and the software company severally own the games she develops.

c. Adella owns the games she develops.

Which of the following is true regarding the Uniform Gifts to Minors Act? a. Gifts of unregistered securities can be made by registering the securities in the name of another adult. b. Gifts of registered securities can be made by merely delivering the securities to a bank trustee. c. Adults can make a gift of money to minors by depositing the money with a bank in an account in the donor's name. d. Adults are prohibited from making gifts of unregistered securities to minors.

c. Adults can make a gift of money to minors by depositing the money with a bank in an account in the donor's name.

Angie owes Roderick $10,000, payable in six months. Roderick, who is leaving the country, gives his rights to the payment to Margaret for $800. Which of the following is true regarding this scenario? a. Roderick is the obligor. b. Roderick will receive $10,000 from Angie. c. Angie owes Margaret $10,000. d. Angie owes Margaret $8,000.

c. Angie owes Margaret $10,000.

Which of the following is true about auctions? a. According to the Uniform Commercial Code (UCC), all auctions must be conducted without reserve. b. The seller is required to accept the final offer when the auction is advertised as being "with reserve." c. Bidders are treated as offerors, making offers the seller is free to either accept or reject. d. The auctioneer acts as an agent for the bidders.

c. Bidders are treated as offerors, making offers the seller is free to either accept or reject.

Suppose all the lumberyards in a city conspire to fix prices to ensure that lumber is not sold below some inflated figure. Who, if anyone, would have the right to sue the lumberyards for violation of antitrust laws? a. Builders who were forced to purchase lumber at the artificially high price and the buyers of these homes b. Neither the builders nor the buyers, since there is no antitrust violation in this case; instead, the lumberyards voluntarily and willingly entered into a business agreement establishing the price of lumber, and such a contract is consistent with the foundational principles of free enterprise and capitalism c. Builders who were forced to purchase lumber at the artificially high price, but not the buyers of these homes d. The buyers of homes with prices incorporating the artificially high price of lumber, but not the builders who were forced to purchase lumber at the artificially high price

c. Builders who were forced to purchase lumber at the artificially high price, but not the buyers of these homes

The federal government's right to regulate business is derived from the _____ Clause of the United States Constitution. a. Due Process b. Privileges and Immunities c. Commerce d. Equal Protection

c. Commerce

In the United States, private ownership of property is protected by the _____ Amendment to the Constitution. a. Fourteenth b. Tenth c. Fifth d. Ninth

c. Fifth

Which of the following is true regarding abandonment? a. The landlord cannot sue the tenant for the rent due for the remainder of the term. b. A tenant can abandon a property only after the termination of a lease. c. If a tenant abandons the leased property, he is making an offer to surrender the leasehold. d. When a tenant abandons the leased property, the landlord has a duty to accept the offer.

c. If a tenant abandons the leased property, he is making an offer to surrender the leasehold.

Which of the following statements is true regarding assumption of risk? a. It is not a defense in a comparative negligence jurisdiction. b. It indicates the defendant's liability for voluntarily and willingly participating in the activity that resulted in the plaintiff's harm. c. It bars the plaintiff's recovery if the plaintiff fully understood the nature and extent of the risk involved in the subject activity. d. It is not a defense in a contributory negligence jurisdiction.

c. It bars the plaintiff's recovery if the plaintiff fully understood the nature and extent of the risk involved in the subject activity.

Which of the following is true regarding the employment-at-will doctrine? a. It has been reinforced in the past fifty (50) years by statutes such as Title VII of the Civil Rights Act, the National Labor Relations Act (NLRA), and the Age Discrimination in Employment Act (ADEA). b. It gives workers the right to organize and bargain collectively. c. It is based on the laissez-faire values of the 19th century, empowering both the employer and the employee with maximum freedom of association (or disassociation). d. It requires for-cause termination of employment, meaning that before an employer terminates an employee, it must have an articulable, justifiable reason for doing so.

c. It is based on the laissez-faire values of the 19th century, empowering both the employer and the employee with maximum freedom of association (or disassociation).

Which of the following is true regarding the Fair Housing Act? a. It does not cover discriminatory practices in various transactions affecting the rental of dwellings. b. It exempts landlords who use a real estate broker or own more than three (3) houses. c. It prohibits landlords from excluding families with children, unless the dwelling falls within the act's "housing for older persons" exception. d. It protects a landlord's rights to prevent a handicapped tenant from making modifications to the leased property.

c. It prohibits landlords from excluding families with children, unless the dwelling falls within the act's "housing for older persons" exception.

Which of the following is true regarding franchising? a. It is immune from the application of federal, but not state, administrative agency law. b. It is not contractual. c. It typically involves a corporation as a franchisor. d. A franchise can be operated as a sole proprietorship or a corporation, but not as a partnership.

c. It typically involves a corporation as a franchisor.

LeBron wants to sell a car to Mark. LeBron tries to convince Mark that it is a good buy. LeBron lies by telling him that the car has 10 months of free service left in order to convince him to buy it. The car actually has only 2 months of service left. Which of the following is true in this scenario? a. LeBron is not guilty of fraud because he did not have commercial interests underlying the misrepresentation. b. It is a case of mutual misunderstanding. c. LeBron is guilty of fraud d. LeBron cannot be tried by the court because the defendant's motivation is not known.

c. LeBron is guilty of fraud

Which of the following is true about contracts for the sale of real estate? a. The Truth in Lending Act puts the burden on the buyer to discover defects and holds that fraud by silence should be looked out for by the buyers. b. The seller gets the benefit of caveat emptor whenever a lack of information dispute arises. c. Many courts today recognize that caveat emptor produces unfair results. d. Courts nowadays are increasingly protecting developers, sellers, and their agents.

c. Many courts today recognize that caveat emptor produces unfair results.

Which of the following is true regarding mental capacity and ratification? a. People who regain their mental capacity cannot ratify their contracts. b. People who regain their mental capacity can ratify their contracts, just like a minor who retains minority. c. People who regain their mental capacity can ratify their contracts, just like a minor who attains majority. d. People who regain their mental capacity can ratify their contracts, unlike a minor who attains majority.

c. People who regain their mental capacity can ratify their contracts, just like a minor who attains majority.

Which of the following statements is true about conversion and trespass to personal property? a. Consent act is a defense to conversion but will not be considered as a defense for trespass to personal property. b. Trespass to personal property does not require intent, while conversion does. c. The degree of interference with another's property rights acts as a basis for the difference between the two. d. Courts do not consider extent of harm to property as a difference between conversion and trespass.

c. The degree of interference with another's property rights acts as a basis for the difference between the two.

Which of the following is true regarding a unilateral mistake? a. The court does not grant rescission even if the mistaken party is slightly negligent. b. The court will grant relief even if the person's own negligence is the cause of his or her mistake. c. The plaintiff needs to promptly notify the defendant when a mistake is discovered. d. The basic rule is that it is grounds for rescission only if both parties to the agreement are acting under a mistaken belief.

c. The plaintiff needs to promptly notify the defendant when a mistake is discovered.

According to most states, which of the following is true if there is only a memorandum of two parties' agreement? a. Both parties' signatures have to appear in the writing. b. The entire contract must be in writing and in a single document. c. The writing can be in any form but must indicate that the parties had a contract. d. The writing cannot be in the form of telegrams or receipts.

c. The writing can be in any form but must indicate that the parties had a contract.

Nina sent a letter to Adrian that stated she wanted to hire him to decorate the interior of her house. She wrote that he must accept the offer by mail. Adrian received the letter and telephoned Nina to say that he accepted the offer. Which of the following statements is true in this case? a. There is a valid acceptance and a binding contract because the telephone call was an authorized means of acceptance. b. There is a valid acceptance and a binding contract because the telephone call was a reasonable means of acceptance. c. There is no acceptance and no contract in this situation as it is clearly mentioned by the offeror that the acceptance must be by mail. d. There is a valid acceptance and a binding contract because the telephone call was a faster means of acceptance than the mail.

c. There is no acceptance and no contract in this situation as it is clearly mentioned by the offeror that the acceptance must be by mail.

Which of the following is true of employment contracts? a. They involve a delegation of duties and are therefore generally nonassignable. b. They involve a delegation of duties and are therefore generally assignable. c. They involve personal rights and are therefore generally nonassignable. d. They involve personal rights and are therefore generally assignable.

c. They involve personal rights and are therefore generally nonassignable.

Which of the following is true of "Blue Laws?" a. They were passed to regulate betting. b. They do not vary across states in a country. c. They prohibit the performance of certain work on Sunday. d. They regulate the amount of interest charged for the use of money.

c. They prohibit the performance of certain work on Sunday.

The UCC differs from the CISG in that the: a. CISG applies to consumer transactions only, while the UCC governs both consumer and commercial transactions. b. CISG governs both consumer and commercial transactions, while the UCC applies to consumer transactions only. c. UCC holds merchants to higher standards in certain circumstances, while the CISG does not make a distinction between merchants and nonmerchants. d. UCC does not require contracts to be in writing, while the CISG requires contracts for the sale of goods valued at $250 or more to be in writing.

c. UCC holds merchants to higher standards in certain circumstances, while the CISG does not make a distinction between merchants and nonmerchants.

Which of the following is true of the difference between fraud and misrepresentation? a. A false statement of opinion can constitute fraud, but not misrepresentation. b. There is no requirement of materiality in a fraud case, while misrepresentation requires materiality. c. Unlike misrepresentation, the injured party in a fraud case has the additional option of suing in tort for damages. d. Misrepresentation requires knowledge of the falsity of the misstatement, but fraud does not.

c. Unlike misrepresentation, the injured party in a fraud case has the additional option of suing in tort for damages

Which of the following is true regarding fixtures? a. One who provides fixtures to real property without a request to that effect from the owner is entitled to compensation from the owner. b. Actual physical attachment to real property is necessary for an item to be considered a fixture. c. When an item is of little value except for use with certain real property, it is likely to be considered a fixture even if it is unattached. d. Personal property that may be removed with little injury to the property is likely to be considered a fixture.

c. When an item is of little value except for use with certain real property, it is likely to be considered a fixture even if it is unattached.

Which of the following is considered an actionable misrepresentation? a. a statement of opinion b. a statement that amounts to puffery c. a statement concerning a present fact d. a statement about the future

c. a statement concerning a present fact

Which of the following occurs when a tenant transfers to another person some, but not all, of his remaining right to possess the property? a. a periodic tenancy b. an assignment c. a sublease d. an easement of habitability

c. a sublease

Section 3 of the Clayton Act applies to _____. a. true consignments b. formal agreements only c. anticompetitive behavior d. service contracts

c. anticompetitive behavior

Punitive damages __________. a. are ordinarily available in contract cases b. are not available if the plaintiff can sue in tort for a bad faith breach c. are recoverable only when extreme circumstances justify penalizing the defendant d. do not allow plaintiffs to collect damages for injuries such as emotional distress

c. are recoverable only when extreme circumstances justify penalizing the defendant

When it comes to tax liability, limited liability companies (LLCs) _____. a. do not require partners to report their share of the LLC's profits on personal tax returns b. are required in every state to file annual reports with the secretary of state c. are taxed as partnerships d. are taxed as traditional corporations

c. are taxed as partnerships

An incidental beneficiary can __________. a. sue for nonperformance b. acquire rights under a contract c. be a member of the general public d. enforce a contract

c. be a member of the general public

Which of the following must be present for an offer to have a legal effect? a. invitation to offer b. invitation to negotiate c. definiteness d. a receipt of mailing by certified mail

c. definiteness

When a general partner sells his or her partnership interests, the purchaser _____. a. is granted partnership only after he divests all interests in other general partnerships b. is granted automatic partnership by operation of law c. does not become a partner until he or she is unanimously accepted by the other general partners d. does not become a partner until he or she is nominated by the director and unanimously accepted by the other shareholders

c. does not become a partner until he or she is unanimously accepted by the other general partners

If a contract is divisible, the court __________. a. enforces the entire contract b. rules that the entire contract is unenforceable c. enforces the legal parts of the contract d. voids the entire contract

c. enforces the legal parts of the contract

Patent __________ gives the buyer, or anyone to whom she resells the article, the right to freely use or resell the item. a. trolling b. patrolling c. exhaustion d. confiscation

c. exhaustion

In a tort case, the preponderance of the evidence standard means that the __________ evidence must be on the __________ side. a. greater weight of the believable; defendant's b. overwhelming weight of both the direct and the circumstantial; defendant's c. greater weight of the believable; plaintiff's d. overwhelming weight of both the direct and the circumstantial; plaintiff's

c. greater weight of the believable; plaintiff's

The parol evidence rule refers to the __________. a. use of the equitable doctrine of promissory estoppel to prevent parties from seeking compensation under the statute of frauds b. oral evidence given by the defendant during a hearing c. idea that when the parties have expressed their agreement in a complete, unambiguous writing, the writing is the best evidence of their intent d. rule that perjury in criminal sentences is a non-bailable offense

c. idea that when the parties have expressed their agreement in a complete, unambiguous writing, the writing is the best evidence of their intent

The fair use defense against copyright infringement applies: a. more to creative work than to informational work. b. if the use diminishes the value or marketability of the original work. c. if there are substantial differences between the copyrighted work and the derivative work. d. to commercial uses, in furtherance of basic principles of free enterprise and unfettered market competition.

c. if there are substantial differences between the copyrighted work and the derivative work.

Which of the following would terminate an offer without notice to the offeree? a. promissory estoppel b. physical inability of the offeree to perform c. insanity of either party d. Enactment of a statute making the contract illegal after acceptance

c. insanity of either party

Mandatory employment arbitration agreements _____. a. are disfavored by the United States Supreme Court b. do not apply to claims of discrimination c. keep employees from suing about workplace disputes d. are supported by the Equal Employment Opportunity Commission (EEOC)

c. keep employees from suing about workplace disputes

When a general partnership fails, its partners _____. a. are only liable for losses equivalent to their own individual contributions b. lose only their investment c. may be required to pay partnership debts from personal assets d. must relinquish their stock holdings in the business

c. may be required to pay partnership debts from personal assets

Three major classes of persons have traditionally been treated as having a limited capacity to contract because the law seeks to protect them in their contractual relations with others. They are: a. senior citizens (more specifically, those who are 67 years of age or older), people who are mentally impaired, and intoxicated persons. b. minors, members of the military who are deployed internationally, and intoxicated persons. c. minors, people who are mentally impaired, and intoxicated persons. d. members of the military who are deployed internationally, intoxicated persons, and senior citizens (more specifically, those who are 65 years of age or older).

c. minors, people who are mentally impaired, and intoxicated persons.

When Banks, a dealer in antique furniture, stores goods in a commercial warehouse, a bailment is created for the _____. a. sole benefit of the commercial warehouse b. sole benefit of Banks c. mutual benefit of Banks and the commercial warehouse d. mutual benefit of the municipality in which the commercial warehouse is located and the commercial warehouse

c. mutual benefit of Banks and the commercial warehouse

The Family and Medical Leave Act (FMLA) _____. a. covers the birth, but not the adoption of, a child b. requires employers with thirty (30) or more employees to give covered employees up to eighteen (18) paid workweeks of leave per year to deal with their personal health problemss c. provides job security to employees with serious health conditions d. covers employees the moment they begin work

c. provides job security to employees with serious health conditions

In a typical predatory-pricing scheme, the predator _____. a. reflects changing conditions in the marketplace affecting the marketability of competitor's goods b. does not aim to create monopoly c. reduces the sale price of its product to below cost, hoping to drive competitors out of business d. furnishes customers with certain services that were not provided by the competitors

c. reduces the sale price of its product to below cost, hoping to drive competitors out of business

Statutes or ordinances designed to prevent abuse of security deposits by landlords _____. a. allow landlords to withhold security deposits when the property is damaged by ordinary wear and tear b. prevent withholding security deposits for nonpayment of rent c. require that the security deposits be refundable d. prohibit landlords from taking advance payments of rents from tenants

c. require that the security deposits be refundable

If a contract is entered into as a result of misrepresentation, fraud, duress, and undue influence, the injured party may __________ the contract. a. modify b. conteroffer c. rescind d. mitigate

c. rescind

The theory of vicarious copyright infringement is an outgrowth of the doctrine of __________. a. negligence per se b. res ipsa loquitur c. respondeat superior d. strict liability

c. respondeat superior

Which of the following is a recognized exception to the parole evidence rule? a. complete writings b. clear contracts c. subsequent oral contracts d. voluntary consent

c. subsequent oral contracts

If no time period is specified in a lease, the lease is known as a(n) _____. a. equitable tenancy b. tenancy at sufferance c. tenancy at will d. constructive tenancy

c. tenancy at will

If a landlord and a tenant agree on a specific duration of the lease and fix the date on which the tenancy will end, it is a _____. a. tenancy at will b. tenancy at sufferance c. tenancy for a term d. periodic tenancy

c. tenancy for a term

A liquidated damage provision will be enforced when __________. a. the nature of the contract is such that damages are easy to determine b. a technical breach of contract has occurred without causing any actual loss c. the amount specified is reasonable and actual damages are difficult to determine d. the amount agreed on is not the injured party's exclusive remedy

c. the amount specified is reasonable and actual damages are difficult to determine

Under workers' compensation, _____. a. injuries occurring on the way to and from work are within the course of employment b. the employer is not liable for injuries that occur due to another worker's negligence c. the employer is liable for injuries occurring within the scope of employment without regard to fault d. an injured worker can recover punitive damages as well as compensatory damages for emotional pain and suffering

c. the employer is liable for injuries occurring within the scope of employment without regard to fault

A person lacking mental capacity must return the other party to the status quo when: a. the person lacking mental capacity has already enjoyed the product of the agreement. b. the other party becomes aware of the person's lack of mental capacity. c. the other party was unaware of the person's lack of mental capacity. d. the person lacking mental capacity has passed on the product of the agreement to someone else.

c. the other party was unaware of the person's lack of mental capacity.

After Cassandra's death, her children discovered that she had sold her house a week prior to her death to her niece, Angelica, for $50,000. Cassandra lived the last ten years of her life in Angelica's house, under her care. The market value of the house at the time of the sale was $500,000. Cassandra's children may attempt to have the sale set aside, arguing that it was the product of __________. a. fraud b. duress c. undue influence d. mutual mistake

c. undue influence

A young American woman named Monica killed her illegitimate child and buried the body in her backyard. Many years later, Monica called Claudio, the local policeman, and told him the entire story over the telephone before he could utter a single word. She then told him that voices from her backyard told her to confess to the crime. Monica told the police where to dig, and they unearthed a metal box containing the skeletal remains of a baby in her yard. Which of the following statements would be true of this scenario? a)The remains cannot be used as evidence against Monica because this would violate her Fifth Amendment privilege against self-incrimination. b)The remains cannot be used as evidence against Monica because Claudio did not inform her of her right to remain silent before she told him her story. c)Juries are often welcoming toward insanity pleas, because they fear that innocent defendants might be punished. d)Insanity on the part of a criminal defendant can affect a criminal trial.

d)Insanity on the part of a criminal defendant can affect a criminal trial.

Which of the following statements is true of the Miranda warning? a)It is a protection offered to United States citizens under the Eighth Amendment to the U.S. Constitution. b)It allows persons accused of crimes the right to confront and cross-examine their accusers. c)It gives defendants the right to a speedy, public trial by a jury of their peers. d)It requires the police to inform persons taken into custody of their right to remain silent.

d)It requires the police to inform persons taken into custody of their right to remain silent.

Which of the following is true regarding the pretrial conference? a)The parties' witnesses are present at the pretrial conference. b)The plaintiff and the defendant are personally present at the pretrial conference. c)It is held in the courtroom. d)The judge tries to get the parties' attorneys to stipulate to as many of the material facts as possible.

d)The judge tries to get the parties' attorneys to stipulate to as many of the material facts as possible.

Sometimes, when a defendant's actions have injured many plaintiffs, their claims may be consolidated into __________. a)Cross-complaints b)a multistate lawsuit c)counter claims d)a class action lawsuit

d)a class action lawsuit

To appeal a decision, __________. a)a party need not have objected to a judge's action at the time the alleged error was made b)a party must prepare for a new fact-finding process and must be dissatisfied with the judgment of the court c)the defendant must show that the errors made were not material d)a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision

d)a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision

Corporate codes of ethical conduct: a)effectively deter unethical behavior. b)tend to expressly publish policies that deal directly with corruption to avert legal measures that might impose severe constraints. c)accurately reflect the values of society. d)are sometimes viewed as thinly disguised attempts to mislead the public into thinking that the company behaves ethically.

d)are sometimes viewed as thinly disguised attempts to mislead the public into thinking that the company behaves ethically.

The new federal sentencing guidelines implemented as part of Sarbanes-Oxley: a)call for special committees of the board to be assigned similar functions. b)apply sanctions to both individual board members as well as the corporation itself. c)are designed to give the management immunity. d)assign specific oversight responsibilities to directors.

d)assign specific oversight responsibilities to directors.

Bill discovers that the new product his organization designed is prone to defect. Bill is also aware that his manager is committed to getting the product to the marketplace in the next 30 days. Bill has decided not to inform his manager of the problems with the product for fear the news will anger his manager. This is an example of: a)Sound decision making b)Groupthink c)Kantianism d)Bad news doesn't rise

d)bad news doesn't rise

Numerous proposals designed to make corporations more sensitive to outside concerns have been offered throughout the past few decades. Those recommendations include __________. a)giving shareholders less power b)converting the company from a publicly-traded to a closely-held corporation c)converting from a "line and staff" to a "line" organizational structure d)changing the composition of the corporate board

d)changing the composition of the corporate board

Private persons may create legally binding obligations on one another through their power to: a)Litigate b)Tax c)Review d)Contract

d)contract

For a person to be convicted of criminal behavior, the state must: a)demonstrate a prior statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent. b)demonstrate a subsequent statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent. c)demonstrate a subsequent statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to understand the nature of the crime alleged. d)demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.

d)demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.

Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that: a)there is no restriction on commercial speech. b)it is pursuing a governmental end in the most intrusive manner. c)its action bears a rational relationship to its desired end. d)it is pursuing a compelling government interest in the least intrusive manner.

d)it is pursuing a compelling government interest in the least intrusive manner.

It is unlikely that greater control by shareholders will lead to greater corporate social responsibility because: a)there is a definite chance that the values of "ethical" shareholders would be representative of society as a whole. b)shareholders will have the power to adopt resolutions binding the corporate managers. c)many shareholders have access to the information necessary to closely monitor the noneconomic performance of a company. d)many shareholders are motivated by profit maximization and are unlikely to approve corporate actions contrary to that end.

d)many shareholders are motivated by profit maximization and are unlikely to approve corporate actions contrary to that end.

The problem with looking at values that find wide acceptance as a guide to ethical corporate behavior is that: a)most widely-accepted values are uninformed. b)companies will always look to profit maximization over anything else. c)culture has no effect on the ethical attitudes of business managers in today's global world. d)modern life holds a diversity of conflicting ethical views.

d)modern life holds a diversity of conflicting ethical views.

Enactments by cities and counties are referred to as: a)regulation b)treaties) c)common law d)ordinances

d)ordinances

A law written and passed by the state legislature is an example of which of the following: a)Judicial Decisions b)Common Law c)Administrative Rules d)Statutory law

d)statutory law

Writ of certiorari (cert.) may be granted when: A)a person does not want to appeal to the United States Supreme Court. b)the U.S. Supreme Court chooses to defer its decision-making authority to the U.S. court of appeals. c)the U.S. Supreme Court has too many cases to be heard and has no time to take up a new case. d)there have been conflicting decisions in similar cases by different courts of appeal.

d)there have been conflicting decisions in similar cases by different courts of appeal.

To demonstrate a "pattern of activity" prohibited by RICO, the prosecution must prove, at a minimum, the commission of __________ designated offenses within a __________ period. a)two; 3-year b)three; 6-month c)three; 5-year d)two; 10-year

d)two;10-year

Which of the following statements is true about a trade secret? a. A trade secret generally does not include devices and compilations of information. b. A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret. c. A business may attempt to maintain a trade secret, but its misappropriation is not considered a violation of law. d. A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection.

d. A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection.

Which of the following is true of misrepresentation in contracts? a. Statements of opinion serve as a basis for rescission. b. Misrepresentation cannot result from an honest mistake or negligence. c. A mere untrue assertion is sufficient for proving misrepresentation. d. A victim has to show detriment from misrepresentation to cancel a contract.

d. A victim has to show detriment from misrepresentation to cancel a contract.

Which of the following is true regarding capacity to contract? a. Incapacity to contract is presumed, which means that the trial court judge must prove capacity. b. Capacity to contract is presumed, which means that the members of the trial jury must prove incapacity. c. Incapacity to contract is presumed, which means that the party who claims capacity must prove it. d. Capacity to contract is presumed, which means that the party who claims incapacity must prove it.

d. Capacity to contract is presumed, which means that the party who claims incapacity must prove it.

Which of the following is true regarding Article 2 of the UCC? a. it does not apply to contracts for the sale of goods b. It applies to bonds, information, and other intangibles. c. It applies to contracts for the sale of real estate or stocks. d. It does not apply to contracts for the provision of services.

d. It does not apply to contracts for the provision of services.

Which of the following is true regarding the doctrine of res ipsa loquitur? a. It offers protection to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person's act. b. It says that in terms of the defendant's liability, an act of negligence and a criminal offense should be treated equally. c. It puts the burden on the plaintiff to show that her injury was not caused by her own negligence. d. It is applicable to cases where the defendant had exclusive control of the thing that caused the injury, and the injury would not ordinarily happen in the absence of negligence.

d. It is applicable to cases where the defendant had exclusive control of the thing that caused the injury, and the injury would not ordinarily happen in the absence of negligence.

Which of the following is an advantage of licensing? a. It subjects both the licensor and the licensee to the terms and conditions of the International Commercial Code (ICC). b. It allows the licensee to directly benefit by receiving royalty payments. c. It maximizes the physical and financial presence of a business overseas. d. It permits quicker foreign market penetration than direct investment.

d. It permits quicker foreign market penetration than direct investment.

Which of the following is true regarding shareholder liability in a small corporation? a. Suppliers cannot legally require shareholders of a small corporation to guarantee accounts. b. Shareholders in a small corporation are legally prohibited from waiving their limited liability. c. A bank or other financial institution cannot issue credit to a small corporation if the debt is guaranteed by one or more of the corporation's shareholders. d. Lending banks often require shareholders to cosign corporate notes.

d. Lending banks often require shareholders to cosign corporate notes.

Timothy and Fawn have an oral contract for the sale of 100 books at $50 per book. If Timothy delivers the books and Fawn accepts them, or if Fawn pays for the books and Timothy accepts payment, which of the following is true? a. Fawn can raise the statute of frauds defense to enforce the remainder of the contract. b. Both Timothy and Fawn can raise the statute of frauds defense as it is a complete performance. c. Timothy can raise the statute of frauds defense to enforce the remainder of the contract. d. Neither Timothy nor Fawn can raise the statute of frauds defense as the agreement has been performed at least partially.

d. Neither Timothy nor Fawn can raise the statute of frauds defense as the agreement has been performed at least partially.

Suppose Roberto promises to give Allison a five-day Caribbean cruise, and Allison has done nothing in return for Roberto's promise. Will Allison be able to legally enforce Roberto's promise against him? a. No, since the promise involves travel outside of the United States and is therefore outside the jurisdiction of the American court system. b. Yes, since Allison has detrimentally relied on Roberto's promise. c. Yes, since Roberto's promise gives rise to a unilateral contract enforceable at Allison's discretion. d. No, since Roberto's promise was not supported by consideration.

d. No, since Roberto's promise was not supported by consideration.

Which of the following is true of personal service contracts? a. Specific performance is generally granted for personal service contracts because it does not require a form of involuntary servitude. b. Personal service contracts recognize commercial impracticability as an excuse when unforeseeable developments take place. c. Personal service contracts include destruction to subject matter that can result in nonperformance. d. Personal service contracts are the only contracts that terminate with the promisor's death.

d. Personal service contracts are the only contracts that terminate with the promisor's death.

Which of the following is an example of community property? a. Property acquired by a spouse during the marriage as a gift or by inheritance b. Property a spouse owned before the marriage c. Property exchanged for separate property d. Property acquired during the marriage through a spouse's industry or efforts

d. Property acquired during the marriage through a spouse's industry or efforts

As enacted by the United States Congress in 1968 and revised in 1988, what types of discrimination in the housing market are prohibited by the Fair Housing Act? a. Race, color, religion, sex, and national origin b. The same types of discrimination that are specifically prohibited by Title VII of the Civil Rights Act of 1964 c. Race, color, religion, sex, national origin, disability, and age d. Race, color, religion, sex, national origin, disability, and familial status

d. Race, color, religion, sex, national origin, disability, and familial status

Which of the following is true regarding Section 2 of the Sherman Act? a. Section 2 prohibits contracts, combinations, and conspiracies. b. In order to prove a violation of Section 2, the government or a private plaintiff need not establish that the defendant firm has monopoly power. c. Joint action is necessary in order to violate Section 2. d. Section 2 does not outlaw monopolies.

d. Section 2 does not outlaw monopolies.

Which of the following are the two (2) basic duties of a bailee? a. Take extraordinary care of the property that has been entrusted to her and return the property within thirty (30) days of receiving it b. Take extraordinary care of the property that has been entrusted to her and sell it to a third-party purchaser for a price at or above wholesale value c. Take reasonable care of the property that has been entrusted to him and sell it to a third-party purchaser for a price at or above fair market value d. Take reasonable care of the property that has been entrusted to him and return the property at the termination of the bailment

d. Take reasonable care of the property that has been entrusted to him and return the property at the termination of the bailment

Which of the following is an implied guarantee when an assignor is paid for making an assignment? a. The promisor himself or herself does not have the capacity to contract. b. The contract has been the subject of an accord and satisfaction prior to the assignment. c. The contract has been rescinded prior to the assignment. d. The assignor has good title to the rights assigned.

d. The assignor has good title to the rights assigned.

Which of the following is a primary reason for allowing part performance to substitute for the statute of frauds writing requirement? a. The frustration of purpose doctrine provides for the exception. b. The parol evidence rule provides for the exception. c. The parties likely contemplated the possibility of part performance when they entered into an oral agreement. d. The courts are preventing the injustice that would occur to the party who has acted in reliance on the oral contract.

d. The courts are preventing the injustice that would occur to the party who has acted in reliance on the oral contract.

Which of the following is a general negligence causation rule? a. The defendant is generally not held liable for diseases the victims contract while weakened by their injuries. b. The defendant is not liable for those who make reasonable attempts to avoid being injured by his or her acts. c. The defendant is unaccountable for those who are injured while making a reasonable attempt to rescue someone endangered by his or her act. d. The defendant is liable for the full extent of the injuries of a person even if some physical peculiarity of that person aggravated his or her injuries.

d. The defendant is liable for the full extent of the injuries of a person even if some physical peculiarity of that person aggravated his or her injuries.

To create acceptance to an offer for a bilateral contract, __________. a. silence will never constitute acceptance of an offer b. an offeree must perform the act requested by the offeror c. an offeror is allowed to word his or her offer so that the offeree will be bound to the contract d. acceptance must always be properly communicated to the offeror

d. acceptance must always be properly communicated to the offeror

Composition agreements are: a. agreements entered into when someone promises not to file a legal suit in exchange for a promise to pay a certain sum of money or some other consideration. b. generally treated as non-binding on the parties to the agreement, since doing so appears to be contrary to the general rule on liquidated debts. c. made in a way that allows the promisor to decide whether to perform the promise. d. agreements between a debtor and two or more creditors who agree to accept a stated percentage of their liquidated claims against the debtor at or after the due date.

d. agreements between a debtor and two or more creditors who agree to accept a stated percentage of their liquidated claims against the debtor at or after the due date.

Assignments of future wages are not effective because they __________. a. involve personal relationships b. materially alter the duties of the promisor c. involve personal rights d. are contrary to public policy

d. are contrary to public policy

If a bailee misdelivers the bailed property at the termination of the bailment, the _____. a. bailor assumed the risk and is liable b. property should not be returned to the bailor c. bailee does not have the burden of proving that the accident occurred despite exercising due care d. bailee is liable to the bailor

d. bailee is liable to the bailor

An American university professor derives a new formula which explains a fundamental principle of nature. In the United States, this formula: a. can be patented b. cannot be patented because it is not useful. c. can be patented because it is novel. d. cannot be patented

d. cannot be patented

In the context of defamation, publication means: a. Printing the defamatory statement in a widely-circulated publication (e.g., The New York Times). b. printing the defamatory statement in community-oriented (i.e., locally circulated) media such as a newspaper. c. communication of the statement to at least two persons other than the defamed party. d. communication of the statement to at least one person other than the defamed party.

d. communication of the statement to at least one person other than the defamed party.

A contract in which the only choice for one of the parties is between agreeing to the terms dictated by the other party or not contracting at all is known as a __________. a. unilateral contract b. contract of absolution c. bilateral contract d. contract of adhesion

d. contract of adhesion

When a manufacturer sells goods to retail outlets and suggests a retail price, there is no violation of Section 1 of the Sherman Act because there is no _____. a. indication of an intent to monopolize b. merger of any type c. exclusive dealing contract d. contract, combination, or conspiracy to fix the price

d. contract, combination, or conspiracy to fix the price

A warranty deed _____. a. disallows a grantee the right to sue the grantor b. warrants against only those encumbrances that arise after a grantee acquires the property c. is used to cure a technical defect in the chain of title to the property d. conveys title and guarantees to make good any defects in the title

d. conveys title and guarantees to make good any defects in the title

United States trademarks are registered for 10-year terms and are non-renewable. a. descriptive b. arbitrary c. suggestive d. generic

d. generic

Plaintiffs who have been injured by a breach of contract __________. a. can recover damages for injuries they could easily have avoided b. should minimize the damages they suffer even if the risk is high c. cannot recover their damages d. have a duty to mitigate the damages they suffer

d. have a duty to mitigate the damages they suffer

If one automobile company merges with another automobile company, it is called a _____ merger. a. equilateral b. conglomerate c. vertical d. horizontal

d. horizontal

Suppose that James, a farmer, leaves three bushels of peaches with Alman, the owner of a grocery store. James says, "Look these over. If you want them, they're $25 a bushel." Alman sells the peaches to his customers. By treating them as if he owned them, Alman has __________ James's offer. a. superseded b. expressly accepted c. subrogated d. impliedly accepted

d. impliedly accepted

In terms of labor law, garnishment _____. a. is an unfair practice charge brought against a union or an employer b. refers to a plan for increasing the proportion of minorities or women in an employer's workforce c. occurs when an employer discontinues production and operations during a labor dispute d. is a court order that makes money or property held by a debtor subject to the claim of a creditor

d. is a court order that makes money or property held by a debtor subject to the claim of a creditor

The parol evidence rule __________. a. only applies to contracts that are valid over one year b. states that only the monetary terms of the agreement should be included in writing c. applies to oral contracts and not written ones d. is a potential source of danger for parties who reduce their agreements to written form

d. is a potential source of danger for parties who reduce their agreements to written form

A subcontractor's bid: a. can always be withdrawn, even if the general contractor has substantially relied on it. b. is never revocable c. must be accepted by the general contractor if the bid is reasonable according to industry-specific standards. d. is considered an offer

d. is considered an offer.

Constructive eviction is an unattractive option for some tenants because the tenant _____. a. must share the repair expenses with the landlord b. cannot terminate the lease c. is obligated to pay the rent for the remaining period of the lease d. is required to vacate the leased premises

d. is required to vacate the leased premises

The doctrine of __________ holds that even though the plaintiff was negligent, he or she can still recover if it can be shown that the defendant had the final opportunity to avoid the harm. a. strict liability b. negligence per se c. comparative negligence d. last clear chance

d. last clear chance

Acme, Inc. owns a trademark. By contract, Acme allows Wiley Consumer Products, Inc. the limited right to produce and sell products branded with Acme's trademark. In this contractual arrangement, Acme, Inc. is the __________. a. guarantor b. third-party beneficiary c. warrantor d. licensor

d. licensor

Generally, a promise to discharge a(n) __________ debt for part payment of the debt at or after its due date is unenforceable due to lack of __________. a. unliquidated; present value b. unliquidated; consideration c. liquidated; present value d. liquidated; consideration

d. liquidated; consideration

Charlie and Violet signed a lease to rent an apartment from Joey. After moving into the apartment, they have a heated argument one day and Violet moves out. Under these circumstances, Joey _____. a. will have to file suit against Violet for the rent b. may automatically terminate the lease c. may hold Charlie liable for only one-half of the rent d. may hold Charlie responsible for the entire rent

d. may hold Charlie responsible for the entire rent

Suppose that Iverson makes an offer to sell his dining room table to Betty for $400 and says to her, "If you do not object within five days, we have a contract." The five days comes and goes, and Betty does not object. Is there a contract between Iverson and Betty for the dining room table? a. Yes, unless Betty has purchased another dining room table within the five-day period b. No, unless both Iverson and Betty are of the age of majority c. Yes d. No

d. no

A joint tenancy's distinguishing feature is that it gives the owners the right _____. a. to collective ownership of property b. to immunity from liability when other parties are injured on their property c. of replevin d. of survivorship

d. of survivorship

An offeree who attempts to accept after an offer that has terminated is himself making a(n) __________. a. firm offer b. counteroffer c. revocation d. offer

d. offer

An offeree may accept an offer within a reasonable time and by any reasonable means of communication if the: a. written offer is lost in transit. b. parties are dealing over the telephone. c. offeror suggests a method or a place of communication in the offer. d. offer merely suggests a method or place of communication.

d. offer merely suggests a method or place of communication.

Alejandro makes an offer to sell 500 television sets to Lenora. Alejandro is the __________. a. offeree b. delegator c. agent d. offeror

d. offeror

A person who has made an offer, the __________, has given the party to whom he or she has made the offer, the __________, the power to create a binding contract by accepting. a. principal; agent b. agent; principal c. offeree; offeror d. offeror; offeree

d. offeror; offeree

According to the rule of __________, if a promisee's performance was rendered before the promisor's promise was made, then it can never serve as consideration, even though it may meet the "legal value" part of the test. a. promissory estoppel b. forbearance c. preexisting duty d. past consideration

d. past consideration

The legal concept of unconscionability __________. a. comes into effect only during contracts between consumers and large companies b. rules that certain sections of contracts are voidable c. is part of the doctrine of freedom of contract d. pertains to unequal bargains

d. pertains to unequal bargains

The Occupational Safety and Health Act (OSHA) imposes on employers a general duty to _____. a. develop and enforce their own health and safety programs b. make the workplace more accommodating to women and families c. provide reasonable leave periods for family-related health issues d. prevent workplace hazards that may cause death or serious injury

d. prevent workplace hazards that may cause death or serious injury

The Employment Retirement Income Security Act of 1974 (ERISA) _____. a. empowers an aggrieved party to bring an unfair labor practice charge against a union or an employer b. primarily requires employers to establish pension plans c. covers union-sponsored pension plans, not employer-sponsored pension plans d. primarily regulates the management and vesting of established pension plans

d. primarily regulates the management and vesting of established pension plans

The United States Supreme Court requires that actual malice be proved when: a. individuals sue the media for publishing negative statements of their favorite public figures. b. individuals sue public figures for assault or battery. c. public officials are found strictly liable for a crime. d. public officials sue the media for false and defamatory statements.

d. public officials sue the media for false and defamatory statements.

Which of the following is intended to avoid unjust enrichment? a. express contract b. bilateral contract c. void contract d. quasi contract

d. quasi contract

People lacking mental capacity are liable for the __________ value of necessaries __________ minors. a. contract; unlike b. fair market; on the same basis but not for the same reasons as c. resale; like d. reasonable; on the same basis and for the same reasons as

d. reasonable; on the same basis and for the same reasons as

A key difference between duress and undue influence exists in the __________. a. time at which the contract was signed b. total value of the contract in question c. type of property (real or personal) that is the subject matter of the contract d. relationship between the parties at the time of the contract

d. relationship between the parties at the time of the contract

An easement granted through an express agreement is _____. a. enforced no differently than an implied easement b. not covered by the statute of frauds c. not executed with the same formality as a grant of a fee simple interest in real property d. required to be in writing to be enforceable

d. required to be in writing to be enforceable

A _____ provides the greatest ease of management. a. limited partnership b. general partnership c. close corporation d. sole proprietorship

d. sole proprietorship

Quid pro quo harassment involves _____. a. the creation of a hostile work environment through the use and/or dissemination of sexually inappropriate words, jokes, or materials, with the offender knowing or having reason to know that such practices would be offensive to a reasonable person b. an employee being subjected to demeaning and inappropriate conduct based on her religious orientation c. demeaning, offensive, and inappropriate conduct against an employee based on race d. some express or implied connection between the employee's submission to sexually oriented behavior and job benefits

d. some express or implied connection between the employee's submission to sexually oriented behavior and job benefits

Forbearance occurs when: a. a debtor and two or more creditors agree to accept a stated percentage of their liquidated claims against the debtor. b. promises are worded in a way that allows the promisor to decide whether to perform the promise. c. there is no dispute about the existence or the amount of the debt. d. someone promises not to file a legal suit in exchange for a promise to pay a certain sum of money or some other consideration.

d. someone promises not to file a legal suit in exchange for a promise to pay a certain sum of money or some other consideration.

Traditionally, __________ was imposed for those activities that were considered ultrahazardous. a. the last clear chance doctrine b. negligence per se theory c. negligence liability d. strict liability

d. strict liability

The Equal Pay Act of 1963 was passed as an amendment to _____. a. the Labor Management Relations Act (LMRA) b. Title VII of the Civil Rights Act c. the National Labor Relations Act (NLRA) d. the Fair Labor Standards Act (FLSA)

d. the Fair Labor Standards Act (FLSA)

Doug says to his neighbor Warren, "I will pay you $50 if you mow my yard right now." Doug is proposing a __________ contract, and Warren will accept the contract by __________. a. unilateral; promising to mow Doug's yard b. bilateral; promising to mow Doug's yard c. unilateral; mowing Doug's yard within a reasonable period of time d. unilateral; mowing Doug's yard right now

d. unilateral; mowing Doug's yard right now

If a court later finds that a person lacked mental capacity at the time the contract was entered into, the contract is __________. a. void ab initio b. voidable at the election of the other contracting party (or his or her agent) c. void d. voidable at the election of that person (or his or her guardian or administrator)

d. voidable at the election of that person (or his or her guardian or administrator)

In terms of the constitutional safeguards set forth in the Fourth and Fifth Amendments to the United States Constitution, nontestimonial evidence such as fingerprints, hair samples, bodily fluids, and cells cannot be obtained through the prosecution's compulsion of the defendant(T/F)

false

What are the three (3) elements required for a valid gift? a. intent, consideration, and delivery b. consideration, delivery, and acceptance c. mutual benefit, delivery, and acceptance d. intent, delivery, and acceptance

intent, delivery, and acceptance

Jurisdiction is defined as:

the authority of a court to hear and determine disputes.

Utilitarianism is a teleological theory that suggests that "__________."

the ends justify the means

Criminal prosecutions are brought by the prosecutor in the name of the government.(T/F)

true

Under the Sarbanes-Oxley Act of 2002, it is a felony to defraud shareholders of a publicly traded company.(T/F)

true