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A promise by Derkin Restaurants to buy all of the produce it needs this next year at an established price from Elfredo's Produce would be an: a. enforceable requirements contract. b. enforceable output contract. c. unenforceable, illusory contract. d. unenforceable promise based on past consideration.

A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket. In most states, Sparkle: a. can reasonably detain the customer for suspicion of shoplifting. b. cannot detain the customer but can alert the police. c. cannot detain the customer but once the customer leaves the store, the salesclerk can make a citizen's arrest. d. cannot detain the customer but can sue for conversion.

Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress? a. Yes, as his conduct was intentional. b. Yes, but only if Adam intended to cause Linda serious emotional distress. c. No, since he was only playing a practical joke. d. No, since Linda was not physically hurt by Adam.

An agreement to pay a lesser amount to settle an unliquidated debt is: a. enforceable, as there is consideration. b. unenforceable, as there is no consideration. c. enforceable in only some states. d. unenforceable as a violation of public policy.

An insurance contract is not considered to be a legalized form of gambling because: a. one must have an insurable interest in the person being insured. b. insurance contracts are underwritten by reputable companies. c. insurance activities are regulated by the state department of insurance. d. All of the above.

Barb has been a children's day care provider for several years in the small town of Sallton. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Ken, agreeing not to open a competing business within five miles of Sallton for a period of nine months. After five months of the big city life, Barb is broke and moves back to Sallton. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result? a. Ken wins. The agreement is enforceable. b. Barb wins. The agreement is denying her the right to do the only thing she knows how to do. c. Barb wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain. d. Barb wins. The agreement is not reasonable as to time.

Bernie owes an undisputed amount to Wilde's Heating & Air Conditioning. Which of the following is true? a. If Wilde's agrees to accept less than the full amount as full payment, the agreement is not binding. b. The undisputed amount is also known as an unliquidated amount. c. If the parties agree to settle for less than the full amount, their agreement is governed by the ruling in Henches v. Taylor. d. If Wilde's agrees to accept less than the full amount, the agreement is only binding if it is in writing and signed by Bernie.

Collector Carl displays his beer can collection at the local swap meet. Mary sees the collection and is interested in buying it. Carl says he will sell the collection for $1,500. Mary says she really likes the collection but is only willing to pay $1,000. Which of the following is correct? a. Mary's counteroffer terminates Carl's offer of $1,500. b. If Carl rejects Mary's counteroffer, she can still accept Carl's offer of $1,500. c. Neither offer is valid. Who would ever pay $1,000 or $1,500 for a beer can collection? d. Mary's offer is a firm offer. Carl has an exclusive right to consider her offer for a reasonable period of time.

David and George have a contract wherein George agrees to buy sporting goods and equipment. Since the goods are not to be delivered for several months, they left the price open. Under the UCC, which of the following will be true? a. The price will be the reasonable price based on fair market value of the goods at the time of delivery. b. David has the freedom to set any price he wants considering George was foolish enough to enter into a contract without a price established. c. George has the right to establish a price because he is the buyer. David should have taken steps to protect his sales interest. d. None of the above. The contract is not valid because the terms are not definite and certain.

Fundamental rights include all EXCEPT the right to: a. drive. b. vote. c. free speech. d. travel.

If Morales and Rolfes Supply negotiate for the purchase and sale of a supply of fuel for a three-year period for Morales' business: a. the contract may indicate a method for determining the price, without stating a definite price. b. Morales and Rolfes must depend on the UCC's gap-filler provisions to determine a price since the fuel is a "good" covered by Article 2 of the UCC. c. the contract price must remain the same for the entire three-year contractual period. d. their contractual requirements regarding definiteness would be the same under the UCC and the common law.

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of: a. stare decisis. b. the bystander rule. c. statutory law. d. enabling legislation.

In a comparative negligence state, if the plaintiff in a negligence lawsuit is found to be 30 percent negligent, the plaintiff would recover: a. 70 percent of the damages. b. all of the damages. c. none of the damages. d. 30 percent of the damages.

In most states dram acts apply to: a. liquor stores, bars, and restaurants but not to social hosts. b. liquor stores, bars, restaurants and to social hosts. c. social hosts, liquor stores, and bars. d. None of the above.

In the case of Worldwide Insurance v. Klopp, the Supreme Court of Delaware found that: a. a contract provision requiring arbitration and then permitting appeal by either party was void as unconscionable. b. the contract provision requiring arbitration was clear, unambiguous, and fair to both parties. c. the arbitration clause in Klopp's auto insurance contract was valid because it furthered the state policy favoring the use of arbitration to resolve disputes. d. the automobile insurance policy was governed by UCC, Article 3.

Judith is a CPA with an excellent reputation and client base. She sells her tax preparation business to Shawn, and the sales contract includes a noncompete clause restricting Judith from opening a similar business for two years within a 10-mile radius of her former office. If she opens a tax preparation office five miles away after one year, a court would probably: a. grant an injunction barring her from operating the new office. b. order confiscation of all of her new client files and turn them over to Shawn. c. refuse to become involved, as the noncompete clause was illegal. d. refuse to enforce the noncompete clause, as it is unreasonable regarding time and geographic area.

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. The most likely result would be: a. Kyle will not collect any damages since he did not sustain any damages. b. none of these answers are correct. c. Kyle will collect damages if he proves it was possible to prevent tiny fish bones from being present in clam chowder. d. Kyle will collect damages, as res ipsa loquitur applies.

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using: a. minimal scrutiny. b. intermediate scrutiny. c. strict scrutiny. d. Supremacy Clause scrutiny.

Suppose that Lenny Lawyer enters into an agreement with Cindy Client that his fee will be a percentage of the recovery Lenny obtains for Cindy in her pending divorce. State law makes such a contingency fee arrangement illegal in divorce actions. What will be the probable outcome if Lenny attempts to enforce the agreement? a. The contract will be valid. Cindy would not have been able to afford an attorney otherwise and therefore Lenny was doing a public service. b. The contract will be voidable at Cindy's option. c. The contract will be void as violating a statute. Lenny will not be able to recover anything. d. The contract will be unenforceable if Lenny did not get the agreement in writing.

The doctrine of stare decisis: a. makes the legal process more expensive. b. is an equitable remedy. c. makes the law more predictable. d. is unimportant to the common law.

Theft is to the criminal law as ____ is to the civil law. a. stealing b. appropriating c. conversion d. trespass

Travel Lines offered to sell 10 round-trip tickets to Elaine. Travel Lines stated that the acceptance must be in writing by USPS next-day service. Which of the following acceptances will create a contract between Travel Lines and Elaine? a. Elaine calls Travel Lines and states that she will buy the tickets. b. Elaine sends a fax to Travel Lines stating she will buy the tickets. c. Elaine sends a letter by USPS next-day service to Travel Lines stating that she will buy the tickets. d. All of the above responses will create a contract between Travel Lines and Elaine since they constitute reasonable means of communication.

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products and knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. Which statement is correct? a. Trein is liable for tortious interference with a contract. b. Mia is liable for tortious interference with a contract. c. E-presto is liable for tortious interference with a contract. d. Both Mia and E-presto are liable for tortious interference with a contract.

Under the Uniform Commercial Code, an agreement modifying a contract: a. always requires consideration. b. requires consideration only when the sale of goods is involved. c. may not require consideration. d. requires consideration only when one of the parties is incompetent.

West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds: a. it would be presumed invalid and would be struck down since it involves a fundamental right to work. b. it would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest. c. it would be presumed valid since it regulates economic or social conditions. d. it carries no presumptions, but must be evaluated based on the procedures involved.

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that: a. the law was valid as a proper exercise of the power to regulate interstate commerce. b. the law was void for vagueness; thus, it was not valid. c. the law was not valid since Congress exceeded its power under the Commerce Clause. d. although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid.

Which of the following statements about torts is correct? a. A tortious act is always a criminal act. b. A criminal act is always a tortious act. c. A tortious act may also be a criminal act. d. All the above are correct.

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process? a. Legal positivism. b. Natural law. c. Legal realism. d. Sovereign selection.

Zero, Inc. agreed to build Millie a storage building for $8,000. After beginning the project, Zero realized that it could not complete the job and make a profit. Zero demanded $9,500 to complete the building. Millie agreed to pay the $9,500. When the project was complete, Millie tendered $8,000 to Zero for the job. If Zero sues Millie for the remaining $1,500: a. Zero will win because there was consideration for the additional $1,500. b. Zero will win because Millie had a pre-existing duty to pay any additional amounts. c. Zero will lose because there was no legal consideration to support the additional $1,500. d. Zero will lose because the UCC does not require consideration to modify an existing contract.

Dick offers to sell Jane his 1955 Thunderbird convertible. Before Jane can accept the offer, lightning strikes the car and it is totally destroyed. Which of the following is true? a. Jane can still accept the offer and John must find a 1955 Thunderbird to sell. b. The offer is terminated by law. c. Dick can still revoke his offer so long as he does so before Jane accepts. d. Jane can still accept the offer. She will be entitled to the insurance proceeds.

Don was driving his truck when a board fell out of the truck bed and onto the road. Alice, who was driving closely behind Don's truck, tried to avoid the board, swerved and struck a telephone pole, causing her severe injuries. Which of the following is correct? a. Don is strictly liable to Alice for her injuries. b. In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability. c. Don was not negligent in allowing the board to fall out of his truck. d. Don is engaging in ultrahazardous activity.

Hensley and Boyer have been negotiating for several months over issues related to the purchase and sale of some real estate. They draft a letter of intent which: a. protects both parties by ensuring the other side is serious and creates a binding agreement on the issues on which the parties have agreed thus far. b. may or may not be an offer, depending on the exact language and whether the document indicates that the parties have reached an agreement. c. has no legal effect, but provides a record for the parties as to where the negotiations stand. d. courts will consider to be a valid offer which the other party must accept if offered in good faith.

Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress. The jury awarded Howson $500,000 in compensatory damages. It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment. How does the jury's award fit into the guidelines offered by the U.S. Supreme Court? a. The punitive award is excessive because it exceeds the Supreme Court's suggested ratio of compensatory damages to punitive damages. b. The punitive award is excessive because the Supreme Court has stated that the trial court may not use the defendant's wealth as an excuse to award an unreasonably high award. c. The punitive award is excessive both because of the ratio of compensatory damages to punitive damages and because the punitive damage award was based partly on the defendant's wealth. d. The jury award is not excessive based on the Supreme Court's guidelines.

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd, is an analysis of: a. substantive due process. b. procedural due process. c. the Takings Clause. d. eminent domain.

In January, Alex promised to pay Y-K Inc. $5,000 if it would refrain from filing suit against him on a breach of contract action. Y-K agreed and accepted a $5,000 check from Alex. Which of the following statements is correct? a. Y-K's promise to refrain from suing Alex was not supported by legal consideration. b. Y-K's promise to refrain from suing Alex was supported by legal consideration and is enforceable. c. This is an accord and satisfaction, and Y-K cannot sue. d. The courts would apply promissory estoppel in this situation.

In bailment cases, exculpatory clauses: a. are very rarely used. b. are somewhat more likely to be enforced than in other types of cases. c. ordinarily involve an attempt to limit liability for damage to persons rather than property. d. None of the above.

Jaime offered to buy Kevin's bike. Jamie is the: a. offeree. b. offeror. c. mortgagor. d. trustee.

Laura, a brain surgeon, committed a negligent act when she ran a red light and injured Randy, a pedestrian crossing the street. Randy was a mentally impaired adult. a. The "reasonable person" standard does not apply to Laura since she is an extraordinary person. b. Both Laura's and Randy's conduct will be based on the "reasonable person" standard. c. None of these answers are correct. d. The "reasonable person" standard does not apply to Laura nor Randy given their respective degrees of extreme intelligence (one high and one low).

Mid-American Oil had a contract with NSB Company to supply 1,000 gallons of oil by September 1. The contract contained a provision which required all modifications to be written and signed by the company presidents. In early August, an executive of Mid-American talked with the purchasing agent of NSB who orally agreed to two shipments of oil; one in September and the second one in December. By September 30, when only 500 gallons had been delivered, NSB sued. The likely outcome of this lawsuit is: a. NSB wins because the modification was not supported by new consideration. b. NSB wins because the modification has to be in writing. c. Mid-American Oil wins because the UCC governs this case and no new consideration is required. d. Mid-American Oil wins because new consideration was present.

Mike owns a house in a poor area of a large city. Mike is on disability and his total monthly income is $700. A sales representative visits his home, selling a water purification system. Mike signs a contract that calls for monthly payments of $500 for the next 10 years. The water system is worth no more than $1000. Mike thought he was signing a permission slip allowing the salesman to conduct a free water test to determine the toxins in the water. How would a court most likely describe this contract? a. The contract is fully enforceable as written. b. The contract is unenforceable because it is unconscionable. c. The contract is enforceable, but only up to the value of the water system. d. The contract is unenforceable because it is exculpatory.

Oxtron, Inc. sent the following price list to its customers. Dispensers SBC-500J $670.00 True TDD-1 $875.00 True TDD-2 $1,465.00 True TDD-3 $1,515.00 CO2 Tank and Regulator $150.00 Which statement is correct? a. These price quotes would generally be considered offers. b. These price quotes would generally not be considered offers. c. These price quotes would generally be considered output contracts. d. These price quotes would generally be considered requirements contracts.

Rodney was employed by Deluxe Discount Store. Rodney's manager directed him to check the prices of dog food at Huge Savings Store. The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave. Rodney, fearful that he would be fired by Deluxe, refused to leave. Rodney committed the tort of: a. larceny. b. trespass. c. misrepresentation. d. conversion.

Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well being is more important to him than the job, so he does not accept the position. LaPrise: a. committed tortious interference with a contract. b. committed tortious interference with a prospective advantage. c. committed a battery. d. caused a breach of contract and committed the tort of intrusion.

The Supreme Court of California in Wiener v. Southcoast Childcare Centers, Inc.: a. ruled that it did not matter whether the driver of the vehicle acted negligently or with criminal intent, the risk of harm from an unsafe fence was the same and defendants had a duty to make the fence stronger. b. required application of a different standard for third-party criminal acts versus acts of ordinary negligence. c. determined that Foreseeability was not at issue in this case. d. placed importance on the fact that the child care facility had been the target of violence in the past.

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as: a. judicial restraint. b. judicial activism. c. judicial review. d. the dormant aspect of its judicial power.

The notion of civil disobedience is founded on what principle? a. Legal Positivism. b. Natural Law. c. Legal Realism. d. Foreseeability.

The primary source of federal power to regulate business is the: a. Supremacy Clause. b. Commerce Clause. c. Contract Clause. d. Privilege and Immunities Clause.

Thompson raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn: a. Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause. b. Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce. c. only Thompson's local government can regulate his farming activity. d. only Thompson's state and local governments can regulate his farming activity.

Under a state law, a dog owner is absolutely liable to any person who is injured by the dog. This is an example of: a. negligence per se. b. strict liability. c. res ipsa loquitur. d. negligence.

"I'll sell you my car if I decide to sell it" is an example of: a. a conditional offer. b. an unliquidated offer. c. a unilateral contract. d. an illusory promise.

Adam moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Adam's friend, Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Adam right? a. Yes. His equal protection rights have been violated. b. No. His fundamental right of cohabitation has not been violated. c. Yes. He and Diane are being treated differently than married couples. d. No. Constitutional protections do not extend to privately owned apartment complexes.

Upon graduating from college, Kathy announced her plans to enter law school the following fall and to marry Rick in December. Kathy's father was afraid that marriage during her first year in law school might cause her to fall behind in her studies or cause her to drop out of school. He called Kathy and promised her $10,000 if she postponed her wedding until after completion of her first year of law school. Kathy agreed and postponed the wedding for a year. Kathy successfully completed her first year of law school, but soon thereafter, Kathy's father died. The administrator of her father's estate claimed she was not entitled to the $10,000 because there was no consideration for her father's promise. If Kathy sues the estate, she will probably be: a. unsuccessful because her father's death terminated the contract. b. successful, as there was consideration. c. unsuccessful because her father received no benefit. d. unsuccessful because it was merely fatherly advice not to get married during the first year of law school.

Walter worked nights as a clerk in a fast-food store. On his last work shift, Walter's boss told him, "I'm really grateful for the year that you have worked here. I am going to give you a bonus of $1,000 in your last paycheck." When Walter got his last paycheck, there was no bonus. If Walter sues, the likely result will be: a. Walter will win, as the promise is enforceable. b. Walter will lose, as he gave no consideration. c. Walter will lose unless the promise was in writing. d. Walter will win, as no consideration is required to modify an employment contract.

Wendell, new to the area, selects a doctor from the telephone book and visits that doctor to have a splinter extracted. Unbeknownst to Wendell, the doctor has never passed the state licensing exams. Later, when Wendell discovers the truth, he refuses to pay his bill. If the doctor sues for recovery of the fee, will the court support the doctor's claim? a. Yes, it was up to Wendell to verify the doctor's qualifications prior to having the splinter extracted. b. No, the court is likely to take the position that it is not in the public's best interests to enforce contracts with unlicensed doctors. c. It depends on whether Wendell's injury healed properly. d. No, but the doctor could probably recover under quasi-contract.

Which of the following is a true statement about tort reform? a. Almost all the states have passed statutes limiting the amount a jury can award in a tort case. b. Congress has proposed and debated bills placing limits on tort awards, but so far has not enacted such legislation. c. Large medical malpractice awards account for about 60 percent of the dramatic increase in health care costs in the United States during the last two decades. d. All of the above.

Which of the following is an example of an exculpatory clause? a. Creditor charges 38% interest on a loan. b. Seller is not responsible for property damage regardless of the cause of the injury. c. Buyer agrees to pay any costs of litigation. d. Employee agrees to never work for a competing company.

Which of the following relationships will ordinarily not create an insurable interest? a. Husband and wife. b. Doctor and patient. c. Debtor and creditor. d. Chief executive officer and corporation.

A company that makes a commercial with a person who does an excellent, realistic job of pretending to be a famous movie star could be sued by the real actor for the tort of: a. intrusion. b. defamation. c. commercial exploitation. d. none of the above, since public figures are often imitated by other actors.

A contract most likely will be declared unconscionable if: a. it is unbalanced, making it unfair to one party. b. it contains a cancellation clause. c. it is oppressive and the weaker party did not fully understand the consequences of the agreement. d. it is signed by a minor for an item of luxury.

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff? a. Res judicata. b. Stare decisis. c. Res ipsa loquitur. d. Mens rea.

Acme Co. offers to buy 1000 widgets from Widget World Co. The written offer provides for 1000 at $10 per widget, to be delivered May 1. The offer has no other provisions. Widget World sends a written acceptance. However, the acceptance also states that if any claim arises under this contract, Widget World must be notified within 10 days. Acme does not object to this provision. Both parties are merchants. Which of the following best describes this situation? a. No contract exists. The purported acceptance contains additional terms, so it is a counteroffer, which has not been accepted. b. No contract exists if the additional terms are construed to be material terms. c. A contract exists. If the additional terms are construed to be material, they are not part of the contract. If the additional terms are not material, they are part of the contract. d. A contract exists, but the additional terms are not part of the contract no matter what.

Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct? a. Adam committed an assault but not a battery. b. Adam committed a battery but not an assault. c. Adam committed an assault and a battery. d. Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.

Bailey Co. and Spryt Bros. enter into a contract for the manufacture and sale of 400 lawn chairs. If both parties agree that a modification is necessary: a. the surest way to modify the contract is to liquidate it. b. they may not do so without court supervision. c. an agreement to rescind the contract will terminate the contractual rights of Bailey Co. and Spryt Bros. if neither of them had completed their obligations. d. courts will generally not enforce a cancellation and modification of a contract unless one party received inadequate consideration under the original contract.

Bob signed an agreement with Joe under which Bob agreed to purchase all the hay that Joe grew during the coming growing season. This contract will be: a. unenforceable due to its vagueness. b. unenforceable due to the difficulty of devising an appropriate remedy for a breach. c. enforceable as long as both parties act in good faith and Bob doesn't suddenly demand more hay than what was reasonably estimated. d. unenforceable unless state real estate law makes an exception.

Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed: a. a battery, but not an assault. b. an assault, but not a battery. c. both an assault and a battery. d. neither an assault nor a battery.

Floyd offers to sell his 1967 Ford Mustang convertible to Tim. Before they conclude their negotiations, Floyd dies. Which of the following is true? a. Floyd's heirs must sell the car to Tim. b. Floyd's heirs must continue to negotiate the offer and sell the car, if a reasonable price can be determined. c. The offer terminates automatically upon Floyd's death. d. There is a contract if Tim accepts before learning of Floyd's death.

If Becky promises not to drink alcohol until she becomes a legal adult in exchange for Ben's promise of $1,000, the agreement is: a. enforceable because Becky is giving up the right to do something she would otherwise be entitled to do. b. enforceable because the agreement accomplishes Ben's goal of keeping Becky from drinking. c. not enforceable because Becky does not have a legal right to drink alcohol. d. not enforceable because Becky is a minor and could disaffirm the contract.

If Rudy offers Oscar $200 for his laptop valued at $600 and Oscar agrees, a court will probably: a. set aside the agreement as being unfair. b. set aside the agreement because the consideration is inadequate. c. not set aside the agreement based on the adequacy of the consideration. d. not set aside the agreement because of the UCC.

If a court applies res ipsa loquitur: a. the plaintiff needs to prove the case by a preponderance of the evidence. b. the plaintiff must prove the case by clear and convincing evidence. c. the defendant has the burden of proving he or she is not liable. d. the defendant is strictly liable.

In Hernandez v. Arizona Board of Regents, the court held that individuals who: a. intentionally provide alcohol to minors can be liable for negligence to injured third parties. b. intentionally provide alcohol to minors cannot be held liable for negligence to injured third parties. c. carelessly provide alcohol to minors can be held liable for damages for resulting injury to third parties. d. none of the above.

In the historic case of Hamer v. Sidway, the nephew: a. lost, as there was no consideration. b. lost, as the uncle was dead. c. won, as there was consideration. d. won, as there was a completed gift.

Jack mails an offer to Joan that states, "I offer to sell you my car for $2000. If I don't hear from you in 10 days, I will assume you are willing to buy the car for the stated price." Jack hears nothing by the deadline and assumes he has a deal. What is the result? a. Jack has a deal. His offer was intended and contains definite terms. b. Jack has a deal. Joan should have responded saying she is not interested in the car if she didn't want to be bound to the offer. c. Joan is not bound. Generally an offeree must say or do something to accept an offer. d. Joan is not bound. Ten days is not a reasonable amount of time to consider the offer and accept by mail.

John was driving home one night in a terrible snow storm when his car stalled. He managed to push the car onto a small shopping center's parking lot. The next day about noon he came to get the car and it had been towed away by the owner of the parking lot. The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed. Which statement is correct? a. The owner of the parking lot is liable for conversion. She took John's car without his consent. b. The parking lot owner has a qualified privilege for towing the car since it was a business necessity. c. Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property. d. All the above are correct.

Judicial review can best be described as the power of federal courts to: a. review state court decisions. b. review state executive action. c. review state and federal legislative and executive action. d. none of the above.

Kelley went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries? a. Yes. The neighbor should have posted "thin ice" notices. b. No. Kelley was a trespasser and the neighbor could only be held liable for intentionally injuring her or for gross misconduct. c. It may depend on Kelley's age. d. Yes, the neighbor is strictly liable.

Larry has the largest pizza business in the city. He learns that Henry is thinking of opening a competing pizza and pasta delivery business. Larry gives Henry $25,000 to not open his proposed business in the same city. Which statement is correct? a. The contract is voidable at Larry's option. b. The contract is void for lack of consideration. c. The contract is illegal and void. d. The contract is enforceable.

Lori and her friends burn an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag: a. are void because they deny a person due process rights. b. are void because a state court has no power to prosecute a person for burning the federal flag. c. are void because they violate a person's right to freedom of speech. d. are valid.

Marco agrees to sell Clowns R Us some balloons. The contract states that Clowns may buy as many balloons as it wishes. This agreement is: a. a requirements contract. b. an output contract. c. an illusory contract. d. an enforceable contract.

Peter Dementas helped Jack Tallas with numerous personal and business chores towards the end of his life. Two months before his death, Tallas dictated a memorandum to Dementas, in Greek, stating: PETER K. DEMENTAS is my best friend I have in this country, ... he treats me like a father and I think of him as my own son. ...For all the services Peter has given me all these years, I owe to him the amount of $50,000 (Fifty Thousand Dollars). I will shortly change my will to include him as my heir. Tallas signed the memorandum, but he did not in fact alter his will to include Dementas. This was a real case. The Utah appeals court would rule: a. there was no consideration to support Tallas's promise. b. there is a "moral obligation" exception to the requirement of consideration, and therefore Tallas's promise was supported by consideration. c. because Utah does not recognize the "moral obligation" exception to the requirement of consideration, Dementas prevails. d. the trial court's finding that the services rendered by Dementas to Tallas were performed gratuitously was erroneous.

Regency Construction placed an order for two hundred 2 x 4s from Lumber Jack. If the place of delivery and time for shipping the goods are not specified, the UCC provides: a. the place of delivery is Lumber Jack's and the time for delivering the lumber is a reasonable time based on normal trade practice. b. the place of delivery is Regency Construction and the time for shipping is within 30 days. c. the place of delivery is Lumber Jack's and the time for delivering the lumber is within 30 days. d. there is no contract because having more than one open term made the offer too indefinite.

The "dormant" aspect of the Commerce Clause: a. is also known as the "negative" aspect. b. means that there are many unused powers still available to the government to regulate trade between the states. c. guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States. d. guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.

The Administrative Procedure Act: a. applies to all federal agencies. b. applies to executive branch agencies but not to independent agencies. c. applies to independent agencies but not to executive branch agencies. d. does not apply to federal agencies.

The Johnsons decided to sell their summer cabin on Beech Lake. They sent flyers out to all who previously had expressed an interest in buying the cabin stating that they were planning on selling their cabin. The flyer described the location of the property, the size of the lot, and the price. If one of the recipients responds by sending a letter accepting, an agreement: a. will not be formed because the flyer was sent out as an invitation to make an offer. b. will be formed because the first to respond gets the property. c. will be formed because the price is included. d. will not be formed because of the parol evidence rule.

The Tavern's secret recipe for its pizza sauce would be considered: a. a trade secret, and an employment noncompete clause would be enforceable to protect it. b. a trade secret, and an employment noncompete clause would NOT be enforceable to protect it. c. just a secret recipe and not something the Tavern could protect in a noncompete clause. d. an exculpatory clause and not enforceable.

The elements in a defamation case are: a. defamatory statement; falseness; communication; and injury. b. a contract; knowledge of the contract; improper inducement; injury. c. false or misleading fact statements; statements in commercial advertising; likelihood of harm. d. duty; breach of duty; proximate causation; and damages.

The issue of the constitutional protections afforded flag burning was addressed in: a. Texas v. Johnson. b. United States v. Lopez. c. Marbury v. Madison. d. Palmore v. Sidoti.

The test of "foreseeability" is generally used to determine the existence of which element of a negligence case? a. Duty of due care. b. Breach. c. Factual cause. d. Injury.

Tommie, a six-year-old child, was seriously injured when he stuck a fork into an electrical outlet. His parents sued the restaurant where the incident occurred, claiming it should have had child protective guards on the outlets. Whether the restaurant is liable will be dependent upon whether: a. the incident was reasonably foreseeable. b. all of these answers are correct c. this is negligence per se. d. this is an ultrahazardous activity.

Vivian goes to an auction and sees a rare antique lamp that is an identical match to one she already has. At the proper time she bids on the lamp and is the highest bidder. Even though she is the highest bidder, the auctioneer refuses to accept her bid and withdraws the lamp from the auction. Can the auctioneer do that? a. Unless otherwise stated, the auctioneer had the right to withdraw the item before the fall of the hammer. b. Generally, the auctioneer must sell to the highest bidder. Vivian will get the lamp. c. Generally, the auctioneer is the offeror and the bidders are the offerees so there is a contract and Vivian will get the lamp. d. Most auctions are without reserve and therefore the auctioneer cannot withdraw the lamp.

Wayne worked in an office. He had no criminal record, had never had a complaint made against him about his work or his conduct, and had been a faithful employee for nearly 20 years. One day, Wayne followed his supervisor to his home and fatally shot him. The estate of the supervisor sued the company, claiming it should have been aware of Wayne's growing frustration with work. The company's best defense will be that: a. there was no way to foresee that the incident would happen. b. the incident occurred away from the office. c. the killing was the result of a personal conflict between Wayne and the supervisor. d. even if the company had been aware of Wayne's difficulty with his supervisor, Wayne did not have any criminal history.

What level of owners liability does a trespassing adult have a. lowest level b. mid level c. higher level d. highest level

Which of the following exculpatory clauses will most likely be enforceable? a. An exculpatory clause that relieves a riding stable of negligence. b. An exculpatory clause that relieves a riding stable of gross negligence. c. An exculpatory clause that relieves a riding stable from intentional torts. d. A riding stable's exculpatory clause that is hidden in an eight-page document that all riders are required to sign.

Which of the following statements regarding a negligence case is correct? a. A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury. b. A plaintiff must show that the defendant's act was the factual cause of her injury even if the injury was not foreseeable. c. A plaintiff must show that the defendant's act created a foreseeable danger even if it was not the factual cause of her injury. d. A plaintiff does not have to show that the defendant's act either created a foreseeable danger or that the act was the factual cause of her injury.

Which statement is correct concerning judicial review of an administrative agency's action? a. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law. b. Courts conduct a de novo review of the case. c. Courts ignore the facts of the case. d. Courts substitute their opinion for that of the agency.

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________. a. a licensee; to warn of known dangers. b. an invitee; of reasonable care. c. a social guest; only to avoid intentionally injuring him. d. none of the above.

A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine: a. she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. b. she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. c. she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. d. she will need to show that the magazine could have discovered that the story was false but failed to do so.

A seller's form clearly states no warranty is included. The buyer's form states that the seller warrants the goods for one year. In this case: a. no contract can be created. b. the warranty term is a "different term," and the majority of states hold that a contract can be formed but the contradictory terms cancel each other out. c. the warranty term is an "additional term" that becomes part of the contract in most states. d. the warranty term is a "different term," which in most states becomes part of the contract unless the seller promptly objects.

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? a. Minimal scrutiny b. Intermediate scrutiny c. Strict scrutiny d. Compelling interest scrutiny

Common law refers to: a. law that is the same or similar in all the states. b. law made when judges decide cases and then follow those decisions in later cases. c. law made by legislatures in the form of statutes. d. the legal systems of France, Germany, and Italy.

Mark works as a bartender at The Little Nipper, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, orders a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The Little Nipper sues. What result? a. Since this is an illegal contract, the courts will not enforce it. b. Since Mark violated a regulatory statute, the contract is unenforceable. c. Since this is a revenue-raising statute, The Little Nipper wins. d. Since this is a revenue-raising statute, the licensing law is unconstitutional. Craig wins.

One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He had no quarrel with the office manager, but thought this would be funny. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct? a. Miles actions were negligent. b. No tort has been committed. c. Miles committed an intentional tort. d. Miles is strictly liable.

Police Officer Paul apprehends a wanted criminal and then demands the $10,000 reward offered by Crime Stoppers. Which of the following statements is true? a. Police Officer Paul is not entitled to the reward because past consideration is never valid consideration. b. Police Officer Paul is entitled to the reward because he puts his life on the line every day. c. Police Officer Paul is not entitled to the reward because he was under a pre-existing duty to make the arrest. d. Police Officer Paul is not entitled to the reward but may have an argument under promissory estoppel.

Public policy means the law that comes from the: a. state legislature. b. executive branch of the government. c. courts that decide what would have a negative impact on society. d. Constitution.

Punitive damages are awarded: a. for past and future medical expenses. b. to repay the victim for losses suffered. c. to punish the defendant. d. for past and future pain and suffering.

Seth told the salesperson at Outdoor Times that he wanted the sleeping bag that was advertised in the Sunday paper; one that would keep him comfortable if the temperature drops to 10 degrees Fahrenheit. The salesperson told Seth they were sold out of that bag, but there were two other styles that would meet his needs and were the same price. Seth insisted he wanted the advertised bag and threatened to sue for breach of contract. Which is true? a. Outdoor Times is guilty of "bait and swap." b. Seth will prevail in his case, as Outdoor Times is responsible for having sufficient stock of advertised items. c. Seth will not prevail, as the advertisement was simply an invitation to negotiate. d. Outdoor Times must provide Seth with a raincheck, ensuring he can buy the same bag at the sales price at a later date.

Alpha and Xenon companies are both major international conglomerates. They are negotiating a contract whereby Alpha will install a computer system for Xenon. One clause in the contract states that Alpha will not be liable for damages caused by the negligent installation of the computer system, except that Alpha warrants the system and will fix any problem for a period of two years following installation. Alpha completes the installation of the computer system. Xenon loads extensive amounts of information on the system, but all of it is destroyed because Alpha negligently installed the memory chips. Alpha fixes the memory, but Xenon incurred significant expenses in recreating the lost information. Xenon sues for these expenses. Alpha defends with the noted clause in the contract. a. Xenon wins; these types of clauses are never enforceable. b. Xenon wins; exculpatory clauses are sometimes valid, but this one would not be valid. c. Xenon wins; this exculpatory clause is not valid because it is unconscionable. d. Alpha wins; this exculpatory clause is enforceable.

Angela sued Tom for battery. Angela was awarded $30,000 for future medical expenses. Five years after the award, Angela realizes that her medical expenses will far exceed $30,000. Under the single recovery principle: a. Angela will be able to submit the additional medical bills to the court for payment. b. Tom will have to pay the additional medical bills. c. Tom will have a qualified privilege and only have to pay a portion of the additional medical expenses. d. Angela will have no recourse against Tom or the court for the medical expenses as long as the original award was reasonable.

E-mation entered into a contract with a consumer, Ezra, a recent immigrant to the United States, who spoke very little English, and had no formal education. The contract provided for Ezra to pay $2500 for a computer system. The system was worth $400. If E-mation sued Ezra for enforcement the contract, what is the most likely result? a. The contract is enforceable because of the Statute of Frauds. b. The contract is enforceable because of the parol evidence rule. c. The contract is enforceable because of the underlying reference rule. d. The contract is unenforceable because it is unconscionable.

E-mation, Inc hires Marvin to steal trade secrets from one of its competitors for $10,000. Marvin demands half of the money up front. E-mation pays Marvin $5000 but Marvin decides not to pursue theft of the trade secrets. E-mation sues Marvin for the return of the $5000. What will the court do with this contract? a. The court will order Marvin to return the $5000. b. The court will order Marvin to return the $5000 with interest. c. The court will order Marvin to obtain the trade secrets. d. The court will not do anything to help E-mation get its money back.

E-trex, Inc. wanted Prince, a professional basketball player, to endorse its products. Prince, however, was not interested. E-trex was not deterred and hired a person who looked and sounded liked Prince for its commercials. a. E-trex has defamed Prince. b. E-trex has interfered with a contract. c. E-trex has interfered with a prospective advantage. d. E-trex's conduct raises the issue of commercial exploitation.

Eintz Corp. hired Jose to bribe a foreign government official into awarding a $3 million contract to Eintz. Eintz gave Jose $10,000 in cash to make the bribe payment and $2000 for Jose's efforts. Instead of paying the bribe, Jose pocketed all of the money. If Eintz sues Jose, Eintz will: a. be able to recover the $12,000. b. be able to recover the $3 million lost on the contract. c. be able to recover the $2,000 but not the $10,000. d. not be able to recover the $12,000.

Generally, constitutional protections do NOT apply to: a. acts of the federal government. b. acts of state government. c. acts of administrative agencies. d. acts of privately owned businesses.

If Crosby and Dash are in disagreement as to the exact amount of money that Crosby owes Dash, then they may choose to form a new agreement at a set amount. If they both perform the new agreement, their conduct would be an example of: a. a rescission. b. a contract modification. c. a preexisting duty. d. an accord and satisfaction.

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be: a. valid as an exercise of police power. b. valid, as alcohol is illegal for minors. c. invalid as a violation of the Commerce Clause. d. invalid as an unreasonable restriction of free speech.

If an offer specifies no time limit in which to accept: a. the offeree has 30 days to respond. b. the offeree has 10 days to respond. c. the offer is not valid and therefore it does not matter when the offeree responds. d. the offeree has a reasonable period during which to accept.

In a negligence case, the plaintiff must establish: a. duty, strict liability, causation, and injury. b. mens rea, breach, foreseeable harm, and injury. c. duty, actus reus, foreseeable harm, and causation. d. duty of due care, breach, causation, foreseeable harm, and injury.

In awarding punitive damages, a court must consider: a. the reprehensibility of the defendant's conduct. b. the ratio between the harm suffered and the award. c. the difference between the punitive award and any civil penalties used in similar cases. d. All of the above.

In which case is the offer still valid at the time the acceptance is made? a. Hal offered to sell a book to Sid. Hal died, and Sid sent an acceptance two days later. b. By-Waste Co. telephones XXX Co. offering to dispose of XXX Co.'s chemical waste by a particular method. XXX says it has another way to dispose of the waste. Then XXX finds out the method it planned to use violates environmental protection statutes, so it sends a letter of acceptance to By-Waste. c. Ray offers to sell his AT&T stock for a particular price by May 1. On May 2, Kathy agrees to buy the stock. d. In a face-to-face transaction, Pat offers to sell Mike his stereo and Mike accepts. e. All of the above.

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad Co. decision to this case, Phillip would: a. win because the mechanic was negligent in overinflating the tire, which led to Phillip's injury. b. win based on negligence per se. c. lose because the court would apply the doctrine of res ipsa loquitur. d. lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

Shortly after Brian started to work at Trevit, Inc., a co-worker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully, but intentionally touched Brian "below the belt." Which statement is correct? a. Ann defamed Brian. b. Ann committed the tort of trespass. c. Ann committed the tort of interference with a prospective advantage. d. Ann committed the tort of battery.

The Kelsoe v. International Wood Products, Inc. case was an example of: a. promissory estoppel. b. partial performance. c. illusory promises. d. lack of consideration.

The Plaza Hotel contracts with EZ Lawn to have EZ mow the grass on the Plaza grounds for the next 10 years. However, there is a clause in the contract that states if the hotel chooses, the contract may be terminated provided Plaza pays EZ $2,000 on termination. Which of the following is correct? a. The contract is unenforceable because the option to cancel clause makes the contract an illusory promise. b. The contract is unenforceable because the $2,000 is past consideration. c. The contract is unenforceable because only one party has the option to cancel. d. The contract is enforceable because the option to cancel clause is supported by consideration.

The UCC deals with unconscionability in a contract by providing that a court may: a. refuse to enforce the contract. b. enforce the remainder of the contract without the unconscionable clause. c. limit the application of any unconscionable clause as to avoid any unconscionable result. d. All of the above.

The doctrine of precedent requires: a. that the victim testify. b. that the defendant testify. c. a 12-member jury of the defendant's peers. d. judges to base rulings on previous cases.

The doctrine of preemption is based on the Constitution's: a. Commerce Clause. b. Due Process Clause. c. Equal Protection Clause. d. Supremacy Clause.

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the Constitutionality is clear is known as: a. judicial review. b. judicial activism. c. judicial reform. d. judicial restraint.

The intent of the offeror to extend an offer to the offeree is generally determined by reference to: a. the beliefs of the offeror. b. the subjective intention of the offeror. c. the assumptions of the offeror. d. the words and conduct of the offeror.

The power of federal agencies is limited by: a. statutory control in the enabling legislation and the Administrative Procedures Act. b. political control by Congress and the President. c. judicial review. d. All of the above.

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called: a. federalism. b. the undue burden concept. c. constitutional hierarchy. d. the dormant aspect of the Commerce Clause.

To be valid, a noncompete clause must be: a. ancillary to a legitimate bargain. b. reasonable in time, geographical area, and scope of activity when ancillary to the sale of a business. c. necessary to protect trade secrets, confidential information, or customer lists developed over an extended time when ancillary to an employment contract. d. All of the above.

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto: a. will be able to establish a justification since E-presto was acting to protect an existing economic interest. b. will be able to establish a justification because, in talking to Mia, E-presto was exercising its First Amendment freedom of speech. c. will be able to establish a justification because to decide otherwise would subject Mia to involuntary servitude. d. will not be able to establish a justification.

Virginia borrowed money from G & L Lending at 35% interest per year. The state maximum interest rate is 20% per year. Virginia defaulted on the loan. What amount can G& L collect from Virginia? a. G & L will be able to collect the principal plus 20% interest per year. b. G & L will be able to collect the principal but not any interest. c. G & L will not be able to collect either the principal or interest. d. Any one of the above may be correct. The answer depends on the particular state law.

Wally owns 200 acres of land. Wally offers to sell the land to Robert for $1,500 per acre. Robert replies that he does not need 200 acres of land but would like to buy 40 acres at $1,500 per acre. Wally agrees to sell but does not identify which 40 acres. Later, Wally refuses to sell any land to Robert. What is the result? a. Robert wins; this is an enforceable contract with complete and definite terms. b. Robert wins; the UCC will decide which 40 acres are to be sold. c. Wally wins; the original offer was not intended to be an offer but merely an invitation to negotiate. d. Wally wins; this agreement is too indefinite since it does not identify which 40 acres are to be sold.

What phrase explains how a requirements contract can be valid? a. "will buy 100 percent of output" b. "willing to accept the entire quantity" c. "no consideration needed" d. "in good faith"

When Mohammed was hired by Pomico, Inc., he signed the following agreement, "Upon termination of my employment with Pomico, I agree not to work for a competing company within 30 miles of Pomico's headquarters for one year." This agreement, important to protecting secret information developed in the employer's business, is: a. an unenforceable exculpatory agreement. b. an unenforceable usurious agreement. c. an enforceable bailment agreement. d. an enforceable agreement not to compete.

Which of the following acts resulting in injury would be negligence per se? a. Janet driving 40 mph over the posted speed limit. b. Ted keeping explosives in his private, locked garage without complying with state law regulating the storage of such materials. c. A retailer selling glue containing benzene to a 14-year-old boy in violation of state law. d. All the above acts are negligence per se.

Which of the following are generally considered to be legal offers? a. Placing an item up for auction. b. Catalog advertisements. c. Price lists. d. A note scribbled on a restaurant napkin that includes the details of the offer.

Which of the following is a valid defense to a defamation claim? a. The statement was true. b. The statement was only an opinion. c. The person making the statement made it only to the plaintiff, not to any third parties. d. All of the above.

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property? a. Procedural Due Process. b. The Takings Clause. c. Substantive Due Process. d. The Equal Protection Clause.

Which of the following offers are considered to be irrevocable for a given period? a. Firm offers. b. Option contracts. c. A writing signed by a merchant offering to hold open an offer for the sale of goods for a stated period. d. All of the above.

Wholesome Bread, Inc. advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct: a. does not violate the Lanham Act because of the First Amendment freedom of speech. b. does not violate the Lanham Act because Wholesome did not act with actual malice. c. does not violate the Lanham Act because comparative ads are exempt from the law. d. violates the Lanham Act.

Jamie is building a house on her lot. She invites Earnie of Earnie's Excavation to bid on the excavation job. Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky. Based on the assumption that the soil in Jamie's lot will be similar, he and Jamie agree that the excavation will cost $3,000. When Earnie starts digging, he learns there is solid rock under Jamie's lot. Earnie says it will cost an extra $2,500 for the excavation work. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000. If Earnie sues, the most likely result would be: a. Jamie wins, as Earnie was under a preexisting duty to dig the basement. b. Earnie wins as this modification is governed by the UCC and consideration is not required to enforce a modification of the agreement. c. Jamie wins as Earnie was not acting in good faith and just wanted to put Jamie in a situation where she didn't have a choice but to agree to more money. d. Earnie wins, as the modification was due to unforeseen difficulties.

Jerry believes his co-worker, Ben, is using illegal drugs. Since both he and Ben are nurses, Jerry is concerned Ben's drug usage could result in injury to a patient. He tells his supervisor, Cyndi. Cyndi talks with Jerry about the alleged drug usage and Ben produces a bottle of prescription medicine he is required to take for high blood pressure. The medication does not affect his ability to do his work. When Ben learns it was Jerry who reported him, Ben claims that Jerry committed an act of defamation when Jerry told Cyndi he used illegal drugs. Is Ben right? a. Yes. Jerry committed slander. b. Yes. Jerry committed libel. c. No. Ben is, in fact, using drugs. d. No. Jerry is protected by the qualified privilege defense.

Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her. a. Jim is liable to Diane for defamation. b. Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. c. Jim is liable to Diane for defamation only if she is a public figure. d. Jim is not liable to Diane for defamation.

John owns a thoroughbred horse named Prince Charming that just ran in the Kentucky Derby. Prince Charming came in last, much to John's frustration and embarrassment. John exclaims in a loud voice, "I'm selling that horse to the first person who hands me $100 bucks!" John has: a. made an offer to anyone within hearing distance and will be bound by his offer to the first person who produces $100. b. made a firm offer and will be bound by his offer for a reasonable period of time. c. made an acceptance to the first person who can produce $100. d. not made an offer because under the circumstances a reasonable person would not conclude that John had intent to make an offer.

A defendant who engages in setting off fireworks at a fully licensed Fourth of July show is liable for harm that results from the activity only if the plaintiff proves the harm was foreseeable

A gambling contract is legal unless it is specifically prohibited by state statute.

A landowner's highest duty is owed to licensees.

A letter of intent summarizes progress made during business negotiations, but more importantly, it creates a binding contract.

Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful misconduct." Indeed, Rana had not engaged in any misconduct. Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

An illusory promise is valid consideration.

April put an advertisement in the newspaper advertising the sale of her computer for $500. Simultaneously, six people responded to the ad by mail with formal written acceptances. April is bound on all six contracts to sell her computer for $500.

Barbara, a skilled welder, was hired at Mainco Enterprises for a welding position. She was asked to sign noncompete clauses limiting future employment if she left Mainco. A court would be very likely to enforce the noncompete clause unless the time or geographic restriction is unreasonable.

Billy owes a liquidated debt of $3000 to Rayna, his personal weight trainer. Billy sends Rayna a check for $300 on which he has marked, "Payment in Full." If Rayna cashes the check she will not be able to successfully sue Billy for the remainder of the debt.

Candy, Inc. signed an agreement with Sweet Plantation. Under the contract, Candy, Inc. agreed to purchase all the sugar cane Sweet Plantation grew during the coming season. This contract will be unenforceable due to its vagueness.

Contracts generally do not require bargaining that leads to an exchange between the parties.

Contracts in which one party agrees to buy all his requirements of certain goods from the other party are generally unenforceable because there is no definite amount.

Courts enforce all promises in the interests of simple morality.

Courts normally require consideration to be approximately equal on both sides of the bargain.

Cynthia and Brian were friends. Brian was a dare devil. Because of his antics, Cynthia thought that Brian wasn't long for this life. Cynthia purchased a life insurance policy on Brian's life. Subsequently, Brian was killed in a car accident. Since Cynthia and Brian were friends, Cynthia had an insurable interest in his life and will be entitled to the insurance proceeds.

Denton agreed to build a cedar deck for the Thrashers for $7,000. After he began the work, the Thrashers asked him to add cedar flower boxes at one side. Denton replied he would, but it would cost an additional $600. The Thrashers would not be obligated to pay the additional sum because the original agreement already obligated Denton to complete the deck for $7,000.

DoorWay Computers, Inc., the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware, Inc. from using the domain name, "DoorWay.com." A jury will decide whether DoorWay is entitled to this remedy.

Even if a statute's words have ordinary, everyday significance, the court will look at the legislative history of the law and public policy in order to interpret the statute.

If Gloria threw a rock which hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

If a court finds as a matter of law that a clause of a contract was unconscionable at the time the contract was made, the court must refuse to enforce the contract.

If both parties believe they have a binding contract, this belief settles any later questions about the validity and enforceability of the agreement.

In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner.

In an advertisement, FreshAir, Inc. stated that its air freshener lasted for 3 hours while the competitor, Smell Sweet, lasted for only 36 minutes. In fact, Smell Sweet freshens the air for more than 2 hours. FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.

John was a licensed physician in Michigan. When he retired to Florida, he started providing medical services to the people in his condo, relying on his Michigan license. Isaac, John's next-door neighbor, owed John $2000 for medical services. John will be able to enforce the contract he made with Isaac.

Krista, the Director of Advertising at Trein, Inc., approved a series of magazine advertisements using a close-up photograph of celebrity look-alike models driving a train engine with the slogan, "Get on Board with Trein." Each ad included a signature, meant to look like that celebrity's autograph. Since in most cases, these "autographs" are not legible, this series of ads does not commit any tort.

Lori works for Big Corporation as an "at will" employee. Richard, owner of a small store, offers to pay Lori much more money if she will leave Big Corp and work for his store. When Lori starts to work for Richard, Big Corp correctly claims Richard is liable for tortious interference with a contract.

Morality plays no part of gambling contract legality.

Nella offers to sell her crop of strawberries, which have just been picked, to Morgan's Market. Since she does not specify a time limit for acceptance, Morgan's can accept the offer the following week, as long as Nella has not revoked it.

On Monday, Mick puts an offer in the mail to Sheri to sell his guitar for $50. Monday night when jamming with his buddies, he decides he will really miss his old guitar and has second thoughts about selling it. Tuesday morning he puts a revocation in the mail informing Sheri he has changed his mind and the guitar is no longer for sale. The revocation is effective on Tuesday morning.

Palsgraf v. Long Island Railroad Co. addressed the issue of furnishing alcohol to minors.

Rudolph overhears Macy's plans to go skydiving over spring break. Not really knowing Macy, but figuring it's worth a chance, Rudolph rushes out and buys an insurance policy for $100,000 on Macy's life. Macy does in fact meet her demise jumping out of the airplane. Rudolph can collect the $100,000.

The First Amendment guarantee of freedom of speech is an absolute right.

The UCC requires consideration for agreements modifying contracts for the sale of goods.

The doctrine of contributory negligence is followed in most states.

The doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.

To raise revenues, the City of St. Cloud required restaurants to purchase a special permit if they wanted to serve food in an open-air patio. (This is in addition to he sanitation inspection license.) While at Hola Taco, a restaurant in St. Cloud, a customer notices that Hola Taco's permit expired. This mean the customer is not legally required to pay for her food.

Under Section 230 of the Communications Decency Act, Internet service providers are held responsible for defamatory postings by their members or users.

Vick Valve Company makes valves for plumbing fixtures. At the beginning of the year, it sends out a price list addressing each one, "To our valued customers." Honest Hank Hardware orders a variety of valves at the prices quoted on the price list. Vick Valve must honor the prices on the list and sell the valves to Honest Hank.

When Olga asks Sven if he wishes to sell his Harley motorcycle, he replies that he would not sell it "for less than $2,000." Olga replies, "I accept," and hands him $2,000. A contract exists.

When Randy accepted a job with Buren Construction, Randy signed the following agreement, "Upon termination of my employment with Buren Construction, I agree never to work for another employer as an electrician." If Randy resigns from Buren Construction, this agreement would be upheld under the theory of freedom of contract.

While hunting, Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush. Under the common law, Adele is liable for Roger's injuries.

Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward the umpire. She yells, "Watch out!" The umpire ducks and the ball misses him. Since there was no physical contact, no assault or battery occurred.

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.

A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

A tort is a violation of a duty imposed by the civil law.

According to the UCC, one or more open terms will not cause a sales contract to fail for indefiniteness as long as the parties intended to make a contract and there is a reasonably certain basis for the court to determine the open terms.

Agreeing not to open a competing business could be consideration.

An agreement may violate public policy even if the agreement does not require a party to commit a crime, tort, or violate a statute.

An economic study has concluded that dram shop laws are effective in reducing underage drinking, over-intoxicated drinkers and bar employee drunkenness.

Boris sky dives out of a plane and gets hung up in a tree, hopelessly suspended and swinging precariously in his parachute from the branches of the tree. Natasha sees that he is in trouble and comes to his rescue. Once Boris is safely on the ground, he gratefully promises to give Natasha half of his life savings. When he changes his mind, Natasha will probably be unsuccessful in enforcing his promise.

By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one person.

Consideration can be a promise or an act.

Courts have ruled that negligently retaining a violent employee is a tort.

Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one third of that space. Dewayne is liable for the intentional tort of fraud.

Due to dram shop laws, commercial establishments that serve alcohol bear some liability for injuries caused by their intoxicated patrons.

Hilda owes Lex $3,000, which is an undisputed amount. If she offers him her car in full settlement of the debt and he accepts, the agreement is binding and he can no longer claim she owes him anything on the original debt.

If a contract is made with a person required by law to hold a license, and the purpose of the license is protection of the public, the contract made by an unlicensed person will generally be unenforceable

If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill becomes law.

If the offer does not specify a type of acceptance, the offeree may accept in any reasonable manner and medium.

In many states it is illegal to lend money to help someone gamble.

In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

In seeking to determine whether there is a meeting of the minds, the courts look to how a reasonable person would objectively view the language or actions of the parties.

In the case of Panavision Int'l v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district court's decision. This means that the Ninth Circuit approved the district court's decision and upheld the outcome in the case.

Judicial review is the power of the federal courts to declare a statute or governmental action void.

Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

L & M loaned Joan $400 so that she could buy her textbooks for the current semester. L & M's terms for repayment of the loan (including interest) are, $200 in two months, $200 in four months, and another $100 at the end of the fifth month. The legal maximum rate of interest on this type of loan is six percent per annum. L & M's loan is usurious.

Most states recognize some form of comparative negligence.

Nunnsky's Retail sent out newspaper inserts advertising wool suits for $50. In fact, the store had only two, out-of-style suits for sale at this price. Their other wool suits started at $175. This constitutes bad faith in its advertising, so consumers may have protection through state statutes.

Opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement.

Pastor Tom was employed by the First Church for 40 years. On Pastor Tom's retirement there was no adequate pension plan. Two months after the retirement, a wealthy parishioner, in consideration for Pastor Tom's 40 years of faithful service and for being such a "sweet" man, promised to pay him $500 per month for the rest of his life. This promise probably is not enforceable.

Public officials and public figures receive less protection from defamation than ordinary people.

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Raul agrees to paint Mike's house for $1,000. Before finishing, Raul states it is too hot to finish, and Mike offers to pay $1,200 if Raul finishes. Mike's statement that he will pay $1,200 is unenforceable.

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

Revocation is the withdrawal of an offer by the offeror.

Roger parked his car at a garage that has a large sign at the entrance saying, "This garage is not liable for items stolen from a car." This type of notice is referred to as an exculpatory clause.

Silas asks his friend Shelby to come to his property to go fishing at his pond. If he fails to warn her that the dock has a rotten spot and she falls through and is injured, Silas would be held liable in most states.

Software clickwrap and shrinkwrap agreements limiting the manufacturer's maximum responsibility to a refund of the purchase price even if the software destroys your hard drive have generally been found to be binding against consumers.

The Constitution ensures that the states retain all power not given to the national government.

The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a statute.

The Pines, a small motel in central Georgia, may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.

The duty of care that each of us must follow is to behave as a reasonable person.

The majority of work done by legislative bodies is performed in committees.

To be valid, an agreement not to compete must be ancillary to a legitimate bargain.

Under the natural law theory of jurisprudence, an unjust law is no law at all.

You have placed an antique sofa up for auction and the auctioneer has not made any special announcements about the sale. You can withdraw the sofa at any time before the auctioneer closes the sale by announcement or by the fall of the hammer.

Contemporary law's principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in: a. the Anglo-Saxon method of ensuring public order through tithing. b. the Anglo-Saxon practice of using "oath helpers." c. the English use of "shire reeves." d. the English system of feudalism.

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the jurisprudence theory of: a. Legal Positivism. b. Natural Law. c. Legal Realism. d. Common Law.

In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of: a. stare decisis. b. statutory law. c. public law. d. criminal law.

The U.S. Supreme Court's holding in Ward's Cove Packing v. Atonio: a. differed from the holding in Griggs v. Duke Power Co. partly because the Court was more conservative at the time Ward's Cove was decided. b. upheld the ruling in Griggs v. Duke Power Co. c. found that overt racial discrimination existed. d. set forth a "business necessity" requirement for employment hiring practices.

The concept of stare decisis focuses most on: a. predictability. b. flexibility. c. legislative intent. d. change.

The federal judicial branch of the U.S. government: a. interprets statutes. b. passes statutes. c. issues executive orders. d. creates administrative agencies.

The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was: a. sex (gender). b. sexual orientation. c. national origin. d. race.

Tony raped Jane in the parking lot of Joe's Brew Pub. The District Attorney's office prosecuted Tony on rape charges. Subsequently, Jane filed a lawsuit against Tony for money damages. Classify each legal action. a. The District Attorney's case was a criminal case; Jane's lawsuit was a civil case. b. The District Attorney's case was a civil case. Jane's lawsuit was a criminal case. c. Both cases are criminal. d. Both cases are civil.

Administrative agency rules consist of: a. executive and independent rules. b. legislative and interpretive rules. c. informal and "notice and comment" rules. d. promulgated and unpromulgated rules.

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are: a. statutes. b. administrative law. c. executive orders. d. common law.

Congresswoman Sloan introduced a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject, the bill will go to: a. a Senate committee specializing in the subject matter of the proposed legislation. b. the full House. c. a Conference Committee made up of representatives of both the House and Senate. d. the voters of her state for approval.

Hasbro, Inc., the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group, LTD from using the domain name, "candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name. This injunction would have to be issued by: a. a jury. b. a judge exercising equitable powers. c. an executive order. d. a subpoena.

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying? a. Legal Positivism. b. Natural Law. c. Legal Realism. d. Common Law.

If there is a conflict between a state and federal law, generally the federal law will prevail because of the: a. federalism doctrine. b. Supremacy Clause. c. paramount doctrine. d. Interstate Commerce Clause.

President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was: a. an illegal usurption of legislative powers which belong to the Congress. b. a valid use of power, known as an executive order. c. a valid use of power creating a treaty. d. an illegal usurption of the regulatory powers of administrative agencies.

Psychologist Holtz is working with a patient, Rebecca, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Holtz: a. has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them. b. has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence. c. is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants. d. will be held to a strict duty of care and will be held liable for any victim's injuries if Holtz failed to warn a them of Rebecca's potential violence toward them.

SharCo and Blyron Productions are each applying for a television license. In deciding which applicant is better qualified, the FCC will hold an initial hearing before: a. the OSHA. b. an administrative law judge. c. an administrative mediator. d. a House-Senate Conference Committee.

TECO Coal Corporation is interested in the inspections that the U.S. Bureau of Mines has conducted over the past year. To secure this information, TECO should: a. issue a subpoena duces tecum. b. make a Freedom of Information Act request. c. make a de novo request. d. assert the substantial evidence rule.

The Bill of Rights refers to: a. the inalienable rights found at the beginning of the Constitution. b. the first ten amendments to the Constitution. c. a specific listing of individual rights found in the original text of the Constitution. d. a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states.

The President of the United States: a. creates federal common law. b. can veto Congressional legislation. c. determines the constitutionality of statutes. d. passes statutes.

The United States Supreme Court has the power to: a. appoint judges to serve on the Supreme Court. b. declare an act of Congress unconstitutional. c. issue executive orders. d. ratify treaties.

Tina wishes to learn what records the IRS has about her. Under the Freedom of Information Act (FOIA), a. Tina can only obtain copies of declassified information. b. Tina is entitled to all information the IRS has about her. c. Tina can only obtain information about the IRS, not records concerning herself. d. Tina cannot obtain any information since the IRS is exempt from the FOIA.

What is the major distinction between executive and independent agencies? a. Executive agencies govern business issues while independent agencies regulate individual matters. b. The President has greater control over executive agencies. c. The Administrative Procedure Act regulates independent agencies but not executive agencies. d. Subpoenas may be issued by independent agencies; executive agencies do not have subpoena power.

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States, this is: a. private law. b. an administrative regulation. c. legal negativism. d. an executive order.

Which of the following played a role in the creation of the U.S. government by solving the problem of federalism? a. The Visigoths. b. The Iroquois Native Americans. c. Confucius. d. Alexis de Tocqueville.

Assume that in December 2006, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning the administrative agency adjudication? a. A jury decides the matter. b. The Federal Rules of Criminal Procedure govern the admissibility of evidence. c. The losing party has a right to appeal. d. The parties are not represented by attorneys.

Bert had his driver's license suspended by the state department of transportation. He believes his constitutional due process rights were violated by the administrative agency. Can he immediately file a court action to have agency's actions reviewed? a. Yes. A court has the jurisdiction to immediately review an agency's alleged unconstitutional action. b. Yes. Bert must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court. c. No. Bert must first utilize the administrative agency's procedures to review the suspension before he seeks judicial review by a court. d. No. A court of law does not have jurisdiction to review an administrative agency's actions.

If the title of an appellate court case appears as Jones v. Smith: a. Jones is the plaintiff and Smith is the defendant. b. Smith won the trial court decision. c. you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties. d. the trial judge was Jones and the appellate judge is Smith.

Statutory law is to legislative bodies as common law is to: a. England. b. precedent. c. courts. d. administrative regulations.

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation: a. affects an economic interest. b. affects a person's right to drive. c. differentiates on the basis of race. d. affects a person's right to drink alcoholic beverages.

The Consumer Product Safety Commission (CPSC) is an independent federal administrative agency. Which statement is correct about the chairperson? a. The chairperson serves at the whim of the President and can be fired at any time. b. The chairperson can only be fired by the President for good cause. c. The chairperson cannot be fired by the President since the CPSC is an independent agency. d. The chairperson has a lifetime appointment and cannot be fired.

The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is: a. an executive order. b. an ordinance. c. a statute. d. a stare decisis.

The United States v. Lopez case demonstrates which of the following? a. There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. b. The extensive power of the states to regulate interstate commerce. c. Limitations on federal power. d. Gun ownership cannot be regulated.

The three branches of government in the United States are: a. the executive, legislative, and administrative. b. the administrative, executive, and statutory. c. the executive, legislative, and judicial. d. the administrative, legislative, and international.

Which law regulates how federal agencies make rules, conduct investigations, hold meetings and hearings, obtain information, and reach decisions? a. The 1964 Civil Rights Act. b. The Clean Agency Act. c. The Administrative Procedure Act. d. The Freedom of Information Act.

Which of the following would be an example of a civil lawsuit? a. George is being prosecuted for bank fraud. b. The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol. c. Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries. d. The district attorney is bringing Ali to court for violating the city's keg ordinance.

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves: a. Procedural law. b. Private law. c. Civil law. d. Criminal law.

The purpose of the Freedom of Information Act (FOIA) is: a. to give the government access to information concerning citizens, businesses, and organizations. b. to limit the amount of information that the government can collect about its citizens, businesses, and organizations. c. to permit warrantless searches and seizures of evidence when necessary to ensure safety. d. to give citizens, businesses, and organizations access to information that federal agencies are using.

A governmental classification based on gender would be subject to strict scrutiny.

Because of the concept of stare decisis, the U. S. Supreme Court, in interpreting a statute in 2009, will necessarily interpret certain statutory language in the same way as the U. S. Supreme Court interpreted the same statutory language in 1971.

Common law is a body of cases decided by legislatures.

Common law, like statutory law, is prospective.

Congress can create a statute on any topic at all.

Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce.

Gadberry lives in a "common interest development" (CID) and has parked his new pickup truck in his driveway. The Neighborhood Association informs him that, according to their regulations, he may not have a truck in the sight of passersby. The Association has made an unconstitutional restriction of the property rights of residents of the CID.

If Milan asks a court to order Pamela to stop reprinting his copyrighted material, he is seeking a legal, rather than an equitable, remedy.

If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority.

Obscene speech is protected by the First Amendment.

The "takings clause" prevents the government from taking private property for any reason.

The Fifth Amendment to the Constitution provides Robert, an employee of Mattax Paper Co., due process protection from being fired without a hearing by a neutral fact finder.

The First Amendment to the U.S. Constitution explicitly protects citizens from abridgment of the right of free speech by any level of government.

The Framers of our Constitution, a true cross section of the population at the time, created the Constitution by amending the Articles of Confederation, which had been the governing document of the colonists.

The Occupational Safety and Health Administration (OSHA) has proposed rules aimed at reducing repetitive-stress injuries. ATC, Inc. disagrees with the proposed rules. ATC, Inc. should challenge the proposed rules in court to prevent them from becoming final rules.

The President has the power to remove the chairperson of the Consumer Product Safety Commission, an independent federal administrative agency, if the President disagrees with the chairperson's actions.

The doctrine of precedent is binding on all courts from county courts to the U.S. Supreme Court..

The largest source of new law is court decisions.

The power to create laws regulating international commerce is given jointly to Congress and the states under the U.S Constitution.

While at the park, Tasha saw a small child fall into the lake. Tasha did not know the child. Under the common law of most states, Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to help and such help will not jeopardize Tasha's well being.

Wilfred was driving too fast for the icy road conditions and hit Sally's car. Sally can sue Wilfred in criminal court.

A rule that establishes maximum length of work shifts for air traffic controllers is an example of an administrative regulation.

Actual hearings are required in formal administrative agency rulemaking.

Administrative agencies exist at the federal, state, and local levels.

Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution, the statute is void.

From tax returns, the Internal Revenue Service (IRS) has information concerning Elizabeth Jones. Generally, the IRS may not divulge this information to the Federal Bureau of Investigation unless Elizabeth has given written consent.

Hall was arrested for burning the United States' flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona university's fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent.

In Anglo-Saxon society, men were put into groups of ten, known as a "tithing" and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships.

Misleading commercial speech may be outlawed altogether without violating the Constitution.

Professor Jones accuses Rachel, a senior at a large state university, of cheating on an exam. The Professor claims that Rachel must prove to him that she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process rights.

The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC) is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. This is an interpretive rule because it interprets the Civil Rights Act.

An agreement in which a buyer agrees to buy all the goods produced by a manufacturer is known as: a. a requirements contract. b. an output contract. c. an exclusive dealing contract. d. an option contract.

An exculpatory clause is generally unenforceable when: a. it attempts to release a party from liability for ordinarily negligent behavior. b. it involves public transportation. c. it is written clearly and in bold, large print. d. the affected activity is a recreational activity.

An intentional tort involves conduct in which: a. the defendant intended to harm the plaintiff. b. the defendant intended a certain physical act which ends up injuring someone. c. injuries are caused to someone because of the defendant's neglect or oversight. d. there is resulting punishment, including prison, for the defendant.

An unliquidated debt can be described as: a. a debt in which both its existence and amount is in dispute. b. a debt in which the existence or amount is in dispute. c. a debt disputed by the creditor but not the debtor. d. a debt undisputed by either party.

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette: a. $20,000. b. $80,000. c. $100,000. d. nothing.

Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will: a. prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's injury. b. lose because Kelly had no legal duty to rescue him. c. lose even though Kelly had a legal duty to save him, since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries. d. lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

Mary owes $3,800 on her credit card. She sends the credit card company a check for $800 with the notation "payment in full" on the check. If the credit card issuer cashes the check: a. Mary's balance will automatically be paid in full if the $3,800 amount was a liquidated debt. b. Mary's balance will automatically be paid in full regardless of whether the amount of $3,800 was liquidated or unliquidated. c. the check may be subject to a UCC exception to the general rules for accord and satisfaction cases involving checks. d. Mary's balance will automatically be paid in full if the $3,800 amount was an unliquidated debt.

Negligence concerns harm that: a. is unforeseeable. b. arises intentionally. c. arises by accident. d. is always substantial.

On January 8, Quastrar, Inc. sent Hylavian Company a letter offering to sell $10,000 in restaurant supplies. On January 18, Hylavian mailed a letter to Quastrar accepting the offer. Quastrar received the acceptance letter on January 20. On January 17, Quastrar sent a letter revoking the offer. Hylavian received this letter on January 21. A contract between Quastrar and Hylavian: a. was not formed because the revocation was effective before the acceptance was sent. b. was not formed because the revocation was effective before the acceptance was received. c. was formed on January 18. d. was formed on January 20.

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum: a. can only be given to an expert to require a personal appearance before a court or administrative hearing. b. is binding on a person even if it is mailed to the person rather than handed to her by a process server. c. allows for privileged or confidential information to be turned over the a court or administrative agency. d. requires the person to bring specified documents to the court or administrative hearing.

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means: a. Curtis automatically wins because he won in the lower court. b. Ulhoff automatically wins because he lost in the lower court. c. Neither party wins because the case is being thrown out. d. We don't know who wins yet because the case is being returned to the trial court for additional steps.

Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Karen: a. has a legal duty to rescue the man. b. has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety. c. has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. d. has no legal duty to rescue the man.

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional? a. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. b. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. c. It would have to be shown that the law reaches no further than necessary to promote the state goal. d. All of the above.

TECO Coal Corporation mines and ships more than six million tons of coal annually. TECO is comprehensively regulated by the U.S. Bureau of Mines. The U.S. Bureau of Mines may conduct a surprise inspection of one of TECO's mines: a. only if it has a search warrant. b. only if it has a subpoena. c. only if it has reason to believe a violation of a regulation has occurred. d. without a search warrant to ensure safety.

The Environmental Protection Agency was investigating whether Exgrow, Inc. violated the Clean Air Act. Exgrow refused to give the EPA its computerized reports concerning pollution. To get the reports, EPA should use: a. a stare decisis. b. a de novo. c. an excaliber. d. a subpoena duces tecum.

The Occupational Safety and Health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift. The purpose of the hardhats is to protect employees from danger of falling objects. This rule is: a. an executive order. b. a statute. c. common law. d. administrative law.

The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following? a. The plain meaning rule. b. Legislative history. c. Public policy. d. All of the above.

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