blaw final
Independent agencies are governed by a senate committee appointed by the president.
Independent agencies are governed by a board of commissioners or chair appointed by the president with consent of the senate.
Which of the following is not a defense available in response to Title VII claims?
Americans with Disabilities Defense
Which of the following is not a way to discharge a contract by mutual agreement?
Anticipatory repudiation
Most corporations are nonprofit corporations.
False
Which of the following occurs when a party threatens to file a nonfrivolous civil lawsuit unless another party gives consent to the terms of a contract?
Threats to file a civil case against a party do not constitute duress unless the suit is frivolous.
A corporation commits ultra vires when it acts beyond its express and implied powers.
True
A landowner may be required to involuntarily transfer their property to the government.
True
All property that is not land or permanently affixed to land is personal property.
True
Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.
True
Values are positive abstractions that capture one's sense of what is good and desirable.
True
Hybrid rule making contains ______________
some of the features of both formal and informal rule making
What is the first thing a plaintiff should establish to prove a case based on disparate impact?
The rule disproportionately restricts employment opportunities for a protected class
There is no right of appeal from a decision of an administrative law judge
False
There is only one correct answer for each ethical dilemma.
False
__________________ protects employees against discrimination and harassment based upon race, color, religion, national origin, and sex.
The Civil Rights Act of 1964-Title VII protects employees against discrimination and harassment based upon race, color, religion, national origin, and sex.
Covenants not to compete in conjunction with the sale of a business are generally __________ if they are for a reasonable length of time and involve a reasonable location
enforceable
In some states, courts consider the purpose of the licensing statute when determining the effect of the agreement. If a licensing statute is intended simply to generate revenue, then the contract of an unlicensed person is _________
valid
What is the name given to a business incorporated in another country?
An alien corporation is a business incorporated in another country. A U.S. corporation that wants to do business in Canada or Mexico is an alien corporation in those countries
An anticipatory repudiation must be in writing to be enforceable.
An anticipatory breach may be made either by making an express indication of her intent to no longer perform or by taking action that would be inconsistent with her ability to carry out the contract when performance was due.
Harry accepts Frank's offer to sell a used car for $2,000. At what point is there a binding contract?
In bilateral contracts, as soon as the promises are exchanged, a contract is formed and the parties' legal obligations arise.
Two people enter into a contract under which one of them promises to pay the other $100,000 for killing his business partner. Under which element of a contract is this contract not enforceable?
Legal object
Which of the following occurs when parties agree that they simply wish to discharge each other from their mutual obligations and, therefore, rescind or cancel the contract?
Mutual rescission occurs when parties agree that they simply wish to discharge each other from their mutual obligations and therefore may rescind or cancel the contract.
If a legal contract is formed and the subject of the contract then becomes illegal under a new statute, the contract is _____.
Should a legal contract be formed and then the subject of the contract becomes illegal under a new statute, the contract is considered to be discharged by law.
The statute of frauds is a law, which set forth requirements for which agreements can be oral.
The statute of frauds is a law, which set forth requirements for which agreements must be in writing.
What are the two basic types of property?
The two basic types of property are real and personal
Which of the following are the two primary kinds of performance?
There are two primary kinds of performance: complete performance and substantial performance.
Which of the following are the two most important primary sources of contract law?
There are two primary sources of contract law: case law and the Uniform Commercial Code (UCC).
A causa mortis gift may be revoked any time before the donor's death and is automatically revoked if the donor recovers.
True
It is usually more difficult to prove disparate impact discrimination in employment under Title VII than disparate treatment
True
Stakeholders of a business consist of many different groups of people who are affected by the business's decisions.
True
The defendant in a state action is entitled to transfer a case to the federal court if there is concurrent jurisdiction.
True
In a limited partnership, ___________________________ no liability beyond the capital they invested
at least one limited partner assumes
A valid contract may be _____ when there is some law that prohibits the courts from enforcing it.
A valid contract may be unenforceable when there is some law that prohibits the courts from enforcing it.
When both parties are mistaken about a current or past material fact, ________________
either party can choose to rescind the contract
Another name for ______________ is intentional misrepresentation
fraudulent misrepresentation
Under the common law, which of the following qualifies an acceptance as a valid acceptance?
A valid acceptance requires all three of these elements
A _____ contract is one that contains all the legal elements of a contract.
A valid contract is one that contains all the legal elements of a contract.
Which of the following is not an advantage of a sole proprietorship?
Because the sole proprietorship is not considered a separate legal entity, the owner can be personally sued
Consideration is defined as _____.
Consideration is defined as the bargained-for exchange.
Historically, which of the following were considered people with limited or no capacity?
Historically, people with limited or no capacity included married women, minors, and insane persons.
Which of the following is property that the true owner has intentionally placed somewhere but has forgotten its location?
Mislaid property differs from lost property in that the owner has intentionally placed the property somewhere but has forgotten its location.
Assuming there are no vacancies, how many U.S. Supreme Court justices are there?
Nine justices, who have lifetime appointments, make up the high court.
Nonresident aliens may not be shareholders of an S corporation.
Nonresident aliens may not be shareholders of an S corporation.
Which of the following is false regarding written contracts?
Only specific types of contracts fall within the statute of frauds and thus are required to be evidenced in writing.
Only the state can challenge a de facto corporation's existence as a corporate entity, in a suit called an action of __________
Only the state can challenge a de facto corporation's existence as a corporate entity, in a suit called an action of quo warranto (Latin for "by what right")
The owner of a ______ estate possesses the same interest as the owner of a fee simple absolute, only this interest is subject to a condition that may result in termination of the interest.
The owner of a conditional estate possesses the same interest as the owner of a fee simple absolute except that this interest is subject to a condition: Should a certain required event fail to occur, or should a specific prohibited event occur, the interest will be terminated.
A(n) ____________ occurs when a party unjustifiably fails to substantially perform his obligations under the contract
material breach
A sole proprietor is considered a separate legal entity.
false The sole proprietorship is not considered a separate legal entity.
A corporation must be incorporated in the state in which it has its principal place of business.
False
The legal ability to enter into a binding agreement is known as _____.
Contractual capacity is the legal ability to enter into a binding agreement.
Which of the following is a required element of the definition of a partnership?
According to UPA, a partnership is "an association of two or more persons to carry on as co-owners a business for profit."
For something to constitute an inter vivos gift, it must include which of the following? Acceptance Delivery Donative intent
All of these
Which of the following is true regarding an agreement to commit a crime or a tort?
Any agreement to commit a crime or tort is illegal and unenforceable.
Which is not considered a discharge of contractual obligations by mutual agreement?
Bankruptcy is the discharge of contractual obligations through a discharge of law rather than a discharge by mutual agreement.
Which of the following is true regarding state courts of appeal?
Because approximately half of the states lack intermediate courts of appeal, appeals from trial courts in these states go directly to the state court of last resort.
For a court to enforce a promise, who must offer consideration?
Both parties
What is the term for a gift that is made in contemplation of one's immediate death?
Causa mortis is a gift that is made in contemplation of one's immediate death.
________________ is negotiations between an employer and a group of employees so as to determine the conditions of employment.
Collective bargaining "consists of negotiations between an employer and a group of employees so as to determine the conditions of employment."
Daniel is upset that the trees in the front yard of his rented property block the natural sunlight he needs in his photography studio. So, he decides to cut four of the trees down without his landlord's permission. In this situation, ___________________
Daniel has committed waste
What are the exception(s) to the preexisting-duty rule?
Exceptions to the preexisting-duty rule include unforeseen circumstances, additional work, and agreements falling under the UCC involving the sale of goods.
In a partnership, income of the business is personal income and business losses can be deducted from taxes.
In a partnership, income of the business is personal income and business losses can be deducted from taxes.
Which of the following is true regarding past consideration?
Past consideration is no consideration at all.
Which of the following would not be considered an example of consideration?
Performance of a duty you are obligated to do under the law is not good consideration.
Who typically prepares a corporation's incorporation papers?
Promoters prepare the corporation's incorporation papers. They can also enter into contracts as needed, say, to purchase or lease buildings for the corporation
Silence can be an acceptance when the offeree receives the benefits of the offered services with reasonable opportunity to reject them and knowledge that some form of compensation is expected, yet remains silent.
Silence can be an acceptance when the offeree receives the benefits of the offered services with reasonable opportunity to reject them and knowledge that some form of compensation is expected; yet the offeree remains silent.
In making a transfer by this type of deed, the grantor is promising only that he or she has not done anything to lessen the value of the estate
Special warranty deed
Which of the following is false regarding contracts for necessaries entered into by minors?
Technically, a minor can disaffirm contracts for necessaries; however, the minor will be held liable for the reasonable value of the necessary.
Joy is a 48-year-old waitress for a Mom-and-Pop restaurant employing 15 employees. Joy was up for a big promotion to be the shift manager of her company. Joy really thought she had the job, but she didn't get it. When she asked her boss why she was not promoted, he said, "You were just too old. We want someone who can serve in this position for 20 years and stay with the restaurant for the rest of their long life."
The ADEA does not apply because it applies to employers having 20 or more employees only
________________ expands the definition of sex discrimination based on gender.
The Pregnancy Discrimination Act of 1987 expands the definition of sex discrimination based on gender.
If an agreement, which is required to be in writing under the statute of frauds, contains a serious and obvious typographical error, parol evidence is admissible to demonstrate that the writing contained an error.
Whenever a written agreement under the statute of frauds contains a serious, and obvious, typographical error, parol evidence is admissible to demonstrate that the typo was a typo, and to set forth the proper term.
Which is the most commonly used type of deed?
Which is the most commonly used type of deed?
An S corporation has the tax status of a partnership.
true An S corporation has the tax status of a partnership.
If a bailment is intended to benefit only the bailor, then _________ is/are liable for damage to the property caused by gross negligence
A bailment may be gratuitous or for consideration and may be to benefit the bailor, the bailee, or both. Determining who benefits from the bailment is importatn for determining the standard of care owed by the bailee
A _____ contract is commonly defined as a promise in exchange for a promise.
A bilateral contract is commonly defined as a promise in exchange for a promise.
Which one of the following documents is issued by a person engaged in the business of transporting goods, and verifies receipt of a set of goods for shipment?
A bill of lading
Suppose that a situation arises where personal property was damaged in a situation involving a common carrier. Under which of these situations would a common carrier be liable for harm to the bailed property?
A common carrier would not be liable in any of these situations
A conditional contract is an agreement that becomes enforceable only on the happening or termination of a specific condition.
A conditional contract is an agreement that becomes enforceable only on the happening or termination of a specific condition.
A contract that supplies the minor with the basic needs such as food, clothing, and shelter is called _____.
A contract that supplies the minor with the basic needs such as food, clothing, and shelter is called a contract for a necessary.
What is a cooperative?
A cooperative consists of multiple individuals who join together to gain a mutual advantage in the market
A business owner buys a commercial plot of land with cash and is the sole owner of the land. What kind of ownership right does he have?
A fee simple absolute is the most complete estate a person may have. It grants exclusive rights to ownership and possession of the land
A _____ is a false representation of a material fact that is consciously false and intended to mislead the other party.
A fraudulent misrepresentation is a false representation of a material fact that is consciously false and is intended to mislead the other party.
Lottery Winnings. Frank, a hypochondriac who was also very compulsive, was having minor surgery to repair a bone spur on his foot. He had just purchased a lottery ticket for a chance at the grand prize of $30,000,000. Frank's girlfriend, Bubbles, went with him to the hospital. While in the waiting room, Frank said to her, "Bubbles, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up, but please don't get another boyfriend." Bubbles replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Frank came out of the surgery just fine but with a sore foot. While he was recuperating, that evening, Bubbles watched the lottery drawing and discovered that Frank's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Frank saw her on television with her new boyfriend, George. She appeared to be very happy. He checked the numbers and discovered that she won off of his ticket. Frank says that the lottery money is his. Which of the following describes the type of gift at issue?
A gift made in contemplation of imminent death is a gift causa mortis. It can be revoked at any time before the death of the donor and is automatically revoked if the donor recovers
Someone who purchases a ticket to the zoo has which type of interest?
A license is a temporary and revocable right to use another's property. No property interest goes to the license holder.
A limited partnership and a limited liability partnership refer to the same type of business organization.
A limited partnership is a partnership consisting of at least one general partner and at least one limited partner in which the general partners assume all liability for the partnership's debts and the limited partners assume no liability beyond their originally invested capital whereas a limited liability partnership is a partnership in which all the partners assume liability for any partner's professional malpractice to the extent of the partnership's assets.
A(n) ______ clause is a clause parties include in a written agreement within the statute of frauds that states that the written agreement accurately reflects the final, complete version of the agreement.
A merger clause is a clause parties include in a written agreement within the statute of frauds that states that the written agreement accurately reflects the final, complete version of the agreement.
The court may properly grant a ______ if after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party.
A motion for summary judgment asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.
What is a written agreement forming a partnership called?
A partnership is formed by articles of partnership stating the partners' names, the name and duration of the partnership, the division of profits and losses, the division of management duties, and the capital contributions that will be made by each partner
Which of the following is, in effect, not a contract at all?
A void contract is, in effect, not a contract at all.
Age Discrimination in Employment Act applies to private employers having ______ or more employees.
ADEA applies to employers having 20 or more employees.
Congress created federal administrative agencies Congress through passage of what type of legislation?
Administrative agencies are created by Congress through passage of enabling legislation, which is a statute that specifies the name, functions, and specific powers of the administrative agency.
What type of law is created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision-making?
Administrative law consists of the substantive and procedural rules created by administrative agencies (government bodies of the city, county, state, or federal government) involving applications, licenses, permits, available information, hearings, appeals, and decision-making.
When one of the parties to an agreement wants to substitute a different performance for his original duty under the contract, he is seeking a(n) _____________.
An accord and satisfaction is used when one of the parties wishes to substitute a different performance for his original duty under the contract.
When an administrative agency decides to create a new rule, what must it do as a first step?
An agency initiates rule making by publishing the proposed rule in the Federal Register, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the process
Which of the following occurs when a party to a contract transfers her rights to a contract to a third party?
An assignment involves a contracting party's transfer of his or her rights to a contract to a third party.
Victor and Kelley decide that they will jointly fund a new stadium being built in their town. Neither Victor nor Kelley has enough money to complete this project alone. Furthermore, these two people will not actually build the stadium, but will provide the money necessary to support the project. What is this kind of business arrangement called?
An investment group that comes together for the explicit purpose of financing a specific large project is a syndicate
An ownership interest in which the holder has the right to possess the property until his or her death is considered a ___________.
An ownership interest in which the holder has the right to possess the property until his or her death is considered a life estate.
John, a used car dealer, believes his business has been hurt by a new administrative agency rule that creates excessive paperwork for sales of used vehicles. In order to challenge the new rule, John may:-
Any entity that believes itself harmed by an administrative agency rule may challenge that rule in federal court only after all administrative procedures have been exhausted
Which of the following must be included in any properly drafted deed?
Any properly drafted deed must identify the grantor and grantee, express the grantor's intent to convey, sufficiently describe the property, and set out any warranties or promises made by the grantor
As a general rule, most states will not allow a minor to disaffirm contracts for which of the following?
As a general rule, most states will not allow a minor to disaffirm contracts for life insurance, health insurance, psychological counseling, the performance of duties related to stock and bond transfers and bank accounts, education loan contracts, child support contracts, marriage contracts, and contracts to enlist in the armed services.
As a general rule, parents are not liable for contracts entered into by their minor children.
As a general rule, parents are not liable for the contracts entered into by their minor children.
As long as some of the duties under a contract have not yet been performed, the contract is considered _____.
As long as some of the duties under the contract have not yet been performed, the contract is considered executory.
Consideration that was provided before the promise was made, known as past consideration, qualifies as consideration.
Consideration that was provided before the promise was made, known as past consideration, does not qualify as consideration.
What is it that can restrict what an employee may do after leaving a company and often dictates where, when, and for whom the employee may work?
Covenants not to compete
Which of the following occurs when one party threatens physical harm or extortion to gain consent to a contract?
Duress occurs when one party threatens physical harm or extortion to gain consent to a contract.
Men and women may be paid different wages under the Equal Pay Act when ____.
EPA prohibits any employer from discriminating within any "establishment...between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex... for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) differential based on any factor other than sex."
Should a legal contract be formed and then the subject of the contract becomes illegal under a new statute, the contract is considered to be discharged by law.
Emancipation occurs when a minor's parents or legal guardians give up their right to exercise legal control over the minor, typically when the minor moves out of the parents' house and begins supporting him or herself.
Which of the following is true regarding the liability in tort of employers for the actions of employees and independent contractors?
Employers are generally liable in tort for the actions of their employees while they are generally not liable for the actions of independent contractors
Employers are required to provide a(n) ______________ to employees under ERISA containing information as to how their benefit plan operates, the benefits under the plan, how to apply for such benefits, and other information.
Employers are required to provide to employees, free of charge, a summary plan description (SPD), which provides information on how the plan operates, the benefits under the plan, how to apply for such benefits, when such benefits vest, and when benefits may be paid out.
Under _______________________ an employee may be fired for no reason.
Employment-at-will means that the employee may quit at any time for any reason or no reason at all, with no required notice to the employer and that an employer may fire the employee at any time, with no notice, for almost any reason.
A corporation must be dissolved if over 50% of the shareholders die.
False
An easement is a revocable right to use some part of another's land for a specific purpose without taking anything from it.
False
Condemnation is a legal process that is protected by the federal constitution and allows the government to take private property only if the property is used for new schools or roads.
False
Courts are generally critical and unsupportive of ADR methods.
False
Employees are protected in the workplace by federal laws only
False
In Kelo v. City of New London, the U.S. Supreme Court ruled that as a matter of law, the government violates the Fifth Amendment by taking private property and selling it for private development.
False
Lost property and mislaid property are the same legal theories.
False
Normally, employees who deal with third parties are not deemed to be agents
False
Personal property can be tangible property but not intangible property.
False
State courts may provide opinions on hypothetical situations so that the plaintiff can determine what type of damages she may incur.
False
The concept of at-will employment is a relatively new concept, created in the 1950's
False
For purposes of determining capacity, intoxicated persons include those under the influence of alcohol, but not drugs.
For purposes of determining capacity, intoxicated persons include those under the influence of alcohol or drugs.
Fungible goods are:-
Fungible goods are goods for which one unit is essentially the same as every other unit
Generally, a unilateral mistake makes a contract void.
Generally, a unilateral mistake does not make a contract void.
Which of the following is true under the UCC regarding checks marked "paid-in-full"?
If a business does inadvertently cash a "paid-in-full" check, the business has 90 days from the date it cashed that check to offer repayment in the same amount to the debtor.
If a principal agrees to hire no other agent for a period of time or until a particular job is done, the principal and agent have entered into a(n) ______ agency contract
If a principal agrees to hire no other agent for a period of time or until a particular job is done, the principal and agent have entered into an exclusive agency contract
Tom and his brother, Fred, create a plumbing business. They agree to share control of the business, to work the same amount, and to split the profits equally. What kind of business have they created?
In a general partnership the partners divide the profits (usually equally) and the management responsibilities and share unlimited personal liability for the firm's debts
The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.
In addition to gender, hostile-environment issues have also been used in cases of discrimination based on religion and race.
In most cases, when a minor marries, she or he is considered _____.
In most cases, when a minor marries, she or he is considered emancipated.
In order to disaffirm a contract, a minor must _____.
In order to disaffirm a contract, a minor must express an intention by words or actions.
A promise to pay a debt that has already been discharged in bankruptcy must be in writing in order to be enforceable in many states.
In some states, a promise to pay a debt that has already been discharged because of bankruptcy must be in writing in order to be enforceable.
The statute of frauds is a law passed by the federal legislature.
In the United States, the term statute of frauds is somewhat misleading, because there is no federal statute of frauds; rather, such legislation exists at the state level, with the exception of Louisiana.
What are the trial courts in the federal court system called?
In the federal court system, the trial courts, or courts of original jurisdiction, are U.S. district courts.
Which of the following is available to a party who was misled by a false statement contained in an innocent misrepresentation?
Innocent misrepresentations permit the party that was misled by the false statement to rescind the contract, but the aggrieved party cannot sue for damages.
Disputed Ring. While working in the yard, Tina found a beat up ring. Becca, an eighteen-year old teenager and neighbor, came over to visit and liked the ring. Tina said, "You can have this old thing if you would like." Becca replied, "I really like it - Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery. A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands! Becca gave Tina the ring to examine. Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged. Tina also told Becca that Becca failed legally to accept the gift because she did not know its true value and also because Tina did not sign any document turning over title. Becca sues. Which of the following describes the type of gift at issue?
Inter vivos gifts are gifts made by a person during his or her lifetime.
Which of the following are written questions that one party sends to another to answer under oath?
Interrogatories are written questions that one party sends to the other to answer under oath.
Revenge. Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Jane's action against Greg for the tire is called a(n) ______
Jane's action against Greg is called a counterclaim
John pays a computer programmer, Dave, to create a new social-networking website for him. In this situation, who owns the website?
John
Joint and several liability means that partners must be sued jointly.
Joint and several liability means that a third party can choose to sue the partners separately or all partners jointly in one action.
Which of the following is false regarding the statute of frauds provision relating to an interest in land?
Leases are within the statute of frauds because they are considered transfers of interest in land.
Which of the following are rules of an agency that are policy expressions having the effect of law?
Legislative rules are policy expressions that have the effect of law.
Which of the following is property that the true owner has unknowingly or accidentally dropped or left somewhere?
Lost property is property that the true owner has unknowingly or accidentally dropped or left somewhere.
Misrepresentation is a false statement by a party about a material fact.
Misrepresentation is a false statement by a party about a material fact.
Mistakes in contract law result from untrue statements made by one party to the contract.
Mistakes in contract law do not result from the untrue statements of the other party to the contract, and instead, a mistake results from an erroneous belief about the facts of a contract at the time the contract is concluded.
Mistakes in contracts may be classified as _____.
Mistakes in contracts may be classified as unilateral and mutual.
Holding all other variables constant, the following agreements are required by the statute of frauds to be evidenced in writing EXCEPT?
Mutual promises to marry
Jon has a futon he uses at college. He sells it to his brother at the end of the school year. His brother doesn't have room for the futon, so he discards it on the side of the road. Ned finds the futon on the side of the road and decides to claim it. Who is the owner of the property?
Ned
The right to enter onto property to remove underground materials is included in the ownership of ____________________.
Ownership of subsurface rights includes the right to enter onto the property to remove the underground materials.
Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do?
Pat should preserve Billy's evidence by taking his deposition
Which of the following are considered an interest in land within the statute of frauds?
Promises to sell crops annually, agreements between parties for profit sharing from the sale of real property, and boundary disputes that have been settled through the use of land are not within the statute of frauds and, therefore, do not require evidence in writing.
What is the first step a plaintiff would establish in order to prove disparate-treatment discrimination in an employment case under Title VII?
Proving disparate-treatment discrimination in employment under Title VII is a three-step process, and initially the plaintiff (the employee) must demonstrate a prima facie case of discrimination.
Real property ownership includes airspace above the land, water rights flowing across or beneath the land, and ___________________.
Real property ownership extends to what lies beneath the land.
A(n) _________ is a mutual agreement between landlord and tenant to terminate the lease
Surrender is a mutual agreement between a landlord and tenant. Generally it must be in writing
The Age Discrimination in Employment Act was enacted to prohibit employers from __________ older workers.
The Age Discrimination in Employment Act of 1967 (ADEA) was enacted to prohibit employers from refusing to hire, discharging, or discriminating in terms and conditions of employment against employees or applicants age 40 or older.
____________ enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental or optical benefits to pay to continue receiving benefits for themselves and their dependents under the employer's policy.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) ensures that employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental, or optical benefits can pay to continue receiving benefits for themselves and their dependents under the employer's policy.
The Family and Medical Leave Act guarantees all eligible employees up to ______ weeks of leave during any ______ month period.
The FMLA guarantees all eligible employees (those who have worked at least 25 hours a week for each of 12 months prior to the leave) up to 12 weeks of unpaid leave during any 12-month period for certain family-related occurrences.
Which of the following is false under the Federal Unemployment Tax Act?
The Federal Unemployment Tax Act (FUTA), passed in 1935, created a state system to provide unemployment compensation to qualified employees who lose their jobs.
The National Labor Relations Board lacks jurisdiction over _______________.
The NLRB has jurisdiction over all employees except those who work in federal, state, and local government and those covered by the Railway Labor Act (employees in the transportation industry); independent contractors; agricultural workers; household domestics; persons employed by a spouse or parent; and supervisors, managerial employees, and confidential employees.
Silence may constitute acceptance of an offer.
The Restatement of Contracts offers three circumstances under which silence can be an acceptance.
______________ is also known as the Labor-Management Relations Act.
The Taft-Hartley Act is also known as the Labor-Management Relations Act.
Which of the following is not required to be in the articles of incorporation?
The articles of incorporation must include (1) the name of the corporation, (2) the address of the registered office, (3) the name of the registered agent (the specific person who receives legal documents on behalf of the corporation), and (4) the names and addresses of the incorporators
What is the term for the third party who receives an assignment of contract rights?
The assignee is the party in a contract who receives the rights of another party to collect what was contractually agreed on in the original contract.
Establishing a code of ethics can benefit a firm but has the following limitation
The code can never provide the firm with the single best answer as to what it should do
The duration of one's ownership interest and the power one has over using the land depends on the type of ______ one is said to hold.
The duration of one's ownership interest and the power one has over using the land depend on the type of estate one is said to hold.
A minor cannot choose to disaffirm a part of a contract, he or she must disaffirm the entire contract.
The minor must avoid the entire contract; he or she cannot choose to disaffirm only a portion of it.
The most frequently awarded damages are compensatory damages.
The most frequently awarded damages are compensatory damages.
The sole proprietor has complete control of the management of the business and keeps all the profits from the business.
The sole proprietor has complete control of the management of the business and keeps all the profits from the business.
The statute of frauds imposes on parties the need to carefully consider the terms, agree to them, write them down, and ___________.
The statute of frauds imposes on parties the need to carefully consider the terms, agree to them, write them down, and sign the agreement.
Which of the following is needed in order for an assignment to be valid?
There is no legally required wording to be used or forms to be filled out for assignments to be valid.
Which of the following statements is false regarding compensatory damages?
They are foreseeable damages that result from special circumstances arising outside the contract itself
Which of the following procedures must be followed in order to effectuate a voluntary transfer of real property?
To effectuate a voluntary transfer, the owner must follow certain legal procedures, namely; execution, delivery, acceptance, and recording.
Historically married women were in the category of those lacking contractual capacity.
Today, married women have been removed from the category of those lacking contractual capacity, although in a few states their capacity to enter into certain kinds of contracts is still limited.
Different countries have different ethical standards.
True
Ethics is the study and practice of decisions about what is good or right.
True
Every partner is considered to be an agent of the partnership.
True
Real property includes land and everything permanently attached to it.
True
_________________ are considered eligible employees under the Family and Medical Leave Act.
Under the FMLA, eligible employees are those who have worked at least 25 hours a week for each of 12 months prior to the leave.
______________ are exempt employees under the Fair Labor Standards Act.
Under the Fair Labor Standards Act, four categories of employees are excluded: executives, administrative employees, professional employees, and outside salespersons.
Under employment-at-will, an employee may quit at any time.
Under the theory of employment-at-will, an employee may quit at any time for any reason or no reason at all, with no required notice to the employer.
When a contract is deemed against generally accepted public policy, the courts will determine the agreement to be _____.
When a contract is deemed against generally accepted public policy, the courts will determine the agreement to be unenforceable.
A written agreement for the sale of an illegal subject matter is voidable under contract law.
When a contract is overturned due to being contrary to law, the contract is frequently declared void, as if it never existed.
When may a court rule that parol evidence may be admissible to further the court's understanding of an agreement?
When a court determines that the written agreement does not represent a complete and final version of the agreement, evidence may be admissible to further the court's understanding of the agreement.
When duress is at issue, the _____ needed for legal consent has been removed by the specifics of the threat.
With duress, the point is that the free will necessary for legal consent had been removed by the specifics of the threat.
A ______ estate is the most complete estate a person may have.
With regard to estates in land, a fee simple absolute is the most complete estate a person may have.
Natalie promises Brett that she will pay him $1,000 for painting her house. Brett agrees and purchases the painting materials, costing him $300. The following day Brett arrives at Natalie's house to paint but she had hired Kobe instead. Is Brett entitled to damages?
Yes, Brett relied on Natalie's promise and bought the materials with his own money
Suppose Jared purchases a life insurance policy. Life insurance policies do not vest until the promisee's death. Jared originally made his wife Carla the intended beneficiary, but now that they are divorced, he wishes to make his daughter Haley the beneficiary instead. Can Jared change the beneficiary?
Yes, because Carla's rights were not vested yet
If a creditor wishes to obtain the partner's profits while the partner continues to act as a partner and engage in the partnership business, the creditor should obtain a(n) __________________
charging order
A(n) ________ is a corporation that has met the substantial elements of the incorporation process
de jure corporation
The terms of __________ contracts are all clearly set forth in either written or spoken words
express
The U.S. Supreme Court has the power to dissolve an administrative agency.
false Congress has the power to create or dissolve administrative agencies.
Suppose Markus offers to sell Zara his surfboard for $200. Zara responds, "I'll look at it on the weekend, and if I like it, I'll pay you." At this point, Zara has not committed to doing anything. The law considers this a(n) ____________
illusory promise
When the courts deem a contract integrated, parol evidence is generally __________
inadmissible
The mail-box rule is not applicable when there is ________________
instantaneous communication
Members of the board of directors of a corporation are elected by shareholders.
true Shareholders elect a board of directors.
Shareholders of a corporation can freely transfer their corporate shares.
true Shareholders of a corporation can freely transfer their corporate shares.
Shareholders of a corporation own that corporation.
true Shareholders of a corporation own that corporation.
The Administrative Procedures Act provides specific guidelines on rule making by agencies.
true The Administrative Procedures Act provides specific guidelines on rule making by agencies.
A person who has the legal right to bring an action in court has standing.
A person who has the legal right to bring an action in court has standing (or standing to sue); and for a person to have standing, the outcome of a case must personally affect him or her.
Which of the following is an example of a common carrier?
A publicly licensed shipping company
If no means of communicating the acceptance is specified, what type of means of accepting is generally not valid? Telephone Mail Email Fax
All of these are generally valid ways of acceptance
Which of the following terms is not a condition required in promissory estoppel? I. One party makes a promise knowing the other party will rely on it. II. The other party does rely on the promise. III. The only way to avoid injustice is to enforce the promise
All of these are required
When determining whether men and women do equal work and deserve the same pay under the EPA, what factor do courts not consider? Skill Effort Responsibility Working conditions
All of these factors help the court determine whether the work was equal
The decision of an administrative law judge may be appealed directly to the court
False
Ownership of real property includes the airspace above the land but not the mineral rights below the land.
False
Which of the following is needed for diversity-of-citizenship?
A diversity-of-citizenship case must satisfy two conditions: (1) the plaintiff(s) does(do) not reside in the same state as the defendant(s), and (2) the controversy concerns an amount in excess of $75,000.
John agrees to lease a commercial property until the time when (and if) he is offered a job by Apple Computers. What kind of condition is this?
A condition subsequent
Joe is a partner at a dental firm and engages in a business transaction binding the partnership to an agreement for the purchase equipment. Joe really did not have authority to bind the partnership to the agreement with the third party equipment supplier. The third party, however, believes he does have the authority. In this case, who is liable?
Both the partnership and Joe are liable for the obligation in the agreement
Congress created federal administrative agencies through passage of what type of legislation?
Enabling
Suppose a 17-year-old, Kendall, enters into an agreement to purchase a Harley Davidson from an ad she saw in the paper. She will pay $1,000/month until the bike is paid off. After making the third payment, Kendall turns 18 and decides to move out of state. She e-mails the seller of the motorcycle and tells him not to worry because even though she is moving, she still intends to make her monthly payments to purchase the bike. The above scenario is an example of what legal concept?
Express ratification
A license is a right to use another's property that is permanent and revocable.
False
Administrative agencies are located at the federal level only
False
Administrative law consists of procedural but not substantive rules
False
What is the most common exception to the employment-at-will doctrine?
Implied-contract exception
Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?
In rem jurisdiction is the power of a court over the property or status of an out-of-state defendant located within the court's jurisdiction area.
Why is informal rule making often used by administrative agencies?
It is more efficient for the agency in terms of time and cost
How does a corporation become a separate legal entity?
It must be created according to state law
Donna is an accountant and decides to do her friend Mike a favor by filing his taxes for free. Mike is very thankful and tells Donna "I will pay you $500 for being so kind and generous!" Mike fails to keep his promise and does not pay Donna the $500. Donna then brings an action to have the promise enforced. Will the court hold that a contract exists?
No, past consideration is no consideration at all
A store places an advertisement in the newspaper for "Sale on Dell laptops - All Dell laptops for sale for $500 the last week in July!" Is the store making an offer?
No, the store is merely inviting potential customers to come to the store and offer $500 for a laptop
Frank works as a cell phone salesman. He has worked at the same company for the past two years, and one day his boss approaches him with good news. He says because Frank has sold so many phones lately, he is going to give Frank a $500 bonus. Three weeks later, Frank has still not received the bonus. Can Frank sue his boss to enforce the promise?
No, this is an example of past consideration
Eugene agrees to finish painting Hazel's house within two weeks. A week in, Eugene realizes he cannot finish without additional help. He tells Hazel he will need an extra $700 to do this. Hazel agrees. With the additional help, Eugene finishes painting the house within the agreed two weeks. Does Hazel have to pay the extra $700?
No, under the preexisting duty rule, Hazel does not have to pay
Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following addresses the proper county?
Once a case is in the proper court system, venue determines which trial court in the system will hear the case.
Suppose you are a donee beneficiary, if you have problems with the contract, whom can you sue?
Only the person who was supposed to perform for you
Which of the following is not a valid reason to fire an employee under the employment-at-will doctrine?
Race
Which of the following contractual rights can be assigned?
Real property rights
In what circumstances could lack of genuine assent apply to a contract?
The offeror engages in fraud and misrepresentation with regard to the contract
Once a case is in the proper court system, venue determines which trial court in the system will hear the case.
True
Subleasing of leased property by the tenant to another party is permissible unless specifically prohibited by the lease.
True
Kathryn was unhappy with the fact that her restaurant was denied a cabaret license. She appealed to the agency that denied the license and discovered that in an administrative agency hearing - there is no right to a jury an Administrative Law Judge has the right to render an order, which is a binding decision, after the hearing the decision of the Administrative Law Judge may be appealed to the circuit court but the decisions are usually upheld
all of these
Agreements regarding marriage in which one party is gaining something other than a return on his or her promise to marry ___________________
are within the statute of frauds and therefore must be in writing