B LAW first exam study guide

Private Law is created by

D Parties in contractual relationships

Which of the following statements is true of administrative law

D Administrative regulations generally have the force of statutes

Which of the following is a consequence of technology

B The law has stepped in to reestablish that the right of privacy still exists

The body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts is called:

C Common Law

Several layers of law are enacted at different levels of government to provide the framework for business and personal rights and duties. What is the foundation of this framework

C The U.S. Constitution

Identify a true statement about procedural law

A. It specifies the steps that must be followed in enforcing legal rights

Which of the following refers to a decision of a court that stands as the law for a

particular problem in the future?

A Precedent

Individual rights guaranteed in the U.S. Constitution

D usually have accompanying duties

Which of the following is an individual right guaranteed in the U.S. Constitution?

D All of the above

10. The right of privacy can be described as

C The right to be free from unreasonable intrusion by others

11. Which of the following statements defines a duty

D It is an obligation of law imposed on a person to perform or refrain from

performing a certain act

If a party wants the court to enforce an agreement for the sale of a house for which damages cannot compensate because the house is unique, he or she may request:

A specific performance

Matt a resident of indiana, while driving on the freeway, hits bob, a resident of west virginia, and destroys bob’s brand new vehicle. Bob may bring a suit in a federal district court:

D If the amount in controversy is $75,000 or more

Roger and Larry are having a dispute regarding their joint business. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. THe best form of dispute resolution for their problem would be:

a. A Arbitration

Lexi, an attorney, has a case that was recently heard by the U.S. court of appeals. She would like to have the U.S. The Supreme Court heard the case. One way by which the U.S. supreme court may review the case is by:

C granting a writ of Certiorari

Kendall was found guilty and sentenced to death by the state of virginia. IN which court would Kendall’s appeal be heard?

A The state supreme court

Marie was involved in a car accident when her car was struck by Carlos who had run a stoplight. She is planning to sue Carlos for damages to her car and herself. What is the first tep that Marie should take to begin the lawsuit?

C Filing a complaint

A promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty is called a

C Contract

Which of the following is true of an express contract?

C An express contract is one in which the terms of the agreement of the parties

are manifested by their words, whether spoken or written.

If both parties exchange promises, the contract is:

A Bilateral

Which of the following is required in order to recover in a quasi contract?

C Acceptance or retention of a benefit conferred on a defendant by a plaintiff

 A valid contract is:

B An agreement between two or more parties that the law will enforce

A legally binding agreement that can be rejected by one of the parties is called a

C Voidable contract

Something remains to be done by one or both parties in a

D Executory contract

The spirit behind the law that underlies the concept of a quasi contract is to

A Prevent unjust enrichment

If a party is successful in suing for a quasi contract, that party can recover

D The reasonable value of the benefit conferred upon the defendant

Making a purchase online

D should follow the same rules with respect to contracts as any other purchase

For purpose of general contract law (common law) an offer must

A be sufficiently definite and certain

To be effective, an offer must

B Be communicated to the offeree

Retail stores typically put advertisements in newspapers describing goods and stating prices for those goods. These ads are generally considered to be

C Invitations to buyers to make an offer to buy the goods described

If an offer has no stated time by which it must be accepted, when does the offer

terminate?

D After the lapse of a reasonable time

Which of the following instances will result in the termination of an offer?

C Lapse of time

Sam sends an email to bob offering to sell him his 1970 corvette for $7,000. While waiting for a reply, Sam finds out 1970 corvettes that are in excellent condition and that have all the original parts sell for closer to $57,000. He changes his mind about selling the corvette to Bob. What can Sam do?

A Sam can revoke his offer to Bob at any time so long as there has been no

acceptance

Bill offers to sell his house to Harry for $90,000. Harry tells Bill he will buy the house for $90,000 if Bill fixes the roof. Which of the following is true of the scenario.

A Harry has made a counteroffer. Unless Bill accepts the counteroffer, there is no contract.

Mabel is 88 years old and under the court ordered legal guardianship of her daughter. One day, Mabel receives a telephone call froma health insurance salesman and then purchases a $400-a-month Medigap insurance policy. The contract is:

A. Void

Wendy takes prescription medication that makes her drowsy and inattentive. If she enters into a contract when she is in that condition, the contract:

D Would be voidable if she is unable to comprehend the subject, nature and

consequences of the contract at the time that she made the contract.

When it is said that a contract made by a minor is voidable, which of the following is true?

a. A While still a minor, he or she can disaffirm the contract and return the property.

Which of the following statements is true if a person making a contract is adjudicated incompetent by a court order?

B. If he or she becomes competent again, he or she can ratify the contract

What is the effect of slight intoxication on the capacity of a person to enter into a

contract?

C Slight intoxication will not destroy one’s contractual capacity.

By any expression of an intention to repudiate a contract, a minor may avoid or:

B Disaffirm the contract

Which of the following is more likely to be classified as a necessary for which a minor will be held liable in a contract?

Food

Every adult is presumed to have contractual capacity unless it is proven that capacity is lacking or there is status incapacity? T or F

True

Courts allow a minor a certain amount of time to disaffirm a contract when the minorturns 21 years of age. That time period is a reasonable period of time after reaching the age. 

False

Cosigners for a minors contract have duties under the contract. A cosigner may be liable for the purchase of goods if a minor disaffirms the contract and does not return the goods.

True

THe rule about a unilateral mistake in a contract states that a party making the mistake may avoid the contract if the other contracting party knew or should have known of the mistake.

True

When there is a mutual mistake of a material fact by both parties of a contract, the

ontract is voidable by both parties. 

False