Legal Studies Lepak Final Exam Review

During the trial phase of Sof' Drink Corporation's suit against TimeOut Stores, their attorney's engage in voir dire. This is

the selection of jurors

(T/F) Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights

False

(T/F) The First Amendment prevents limits from being placed on independent political expenditures by corporations.

True

In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Auto Deals, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to...

allow the minor to cancel the contract

(T/F) All discrimination is considered unconstitutional under the Equal Protection Clause.

False

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

protected by the First Amendment

(T/F) Hearsay is always inadmissible evidence

False

Brad, a citizen of California, obtains a federal license to operate a commercial fishing boat in a certain area off the coast. The California state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates

the supremacy clause

(T/F) A trial begins with the plaintiff's attorney's direct examination of the first witness

False

Which of the following is not featured in the Bill of Rights?

A. Establishment Clause

B. Free Exercise Clause

C. Equal Protection Clause

D. Due Process Clause

C. Equal Protection Clause

Cases decided in other jurisdictions are considered...

persuasive authority

A federal law dictating that postal employees wear crucifix necklaces as part of their uniform would be struck down as unconstitutional under the

Establishment Clause

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would next appeal to...

the North Dakota Supreme Court

Hope wants to file a suit against Gerry. For a court to hear the case,

the court must have jurisdiction

Bibi brings a lawsuit against Cocteau over an allegedly defective shipment of machine parts. During the trial, Bibi's attorney asks questions of Bibi's witness Drummond. This is

a direct examination

(T/F) Statues are laws enacted by Congress or the state legislatures and comprise one of the secondary sources of American law

False

(T/F) Under the Constitution, speech - oral, written, or symbolized by conduct - cannot be restricted in any way

False

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of

the law that applied to the issues in the case

Congress enacted the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered constitutionally valid if it directly advances a substantial government interest...

an goes not further than necessary to achieve its purpose

(T/F) Under the constitution, the executive branch makes the laws.

False

Which of the following is not a right granted under the Fifth Amendment to the US Constitutions?

A. the right of an individual against self incriminations

B. the right to a speedy trial

C. procedural due process

D. the right of an individual to receive just compensation when the government takes their land

B. the right to a speedy trial

In order for a law to prohibit someone from exercising a right on the basis of that person's race, the law must

be necessary to promote a compelling state interest

D'Antoni files a suit in a federal district court against Enya. D'antoni loses the suit, appeals to the US Court of Appeals for the ninth circuit and loses again. D'Antoni asks the US Supreme Court to hear the case. The court is

not required to hear the case

In a suit against Ethan, Francisco obtains an award of damages. This is

a payment of money or property as compensation

(T/F) The party against whom a lawsuit is brought is the plaintiff or petitioner.

False

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

a deposition

The North Carolina state legislature enacts a law that violates the US Constitution. This law can be enforced by...

no one

South Carolina enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

an unconstitutional restriction of speech

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.

False

Mediocrite Inc makes and sells good nationwide that are substandard. Naomi, who has never bought or used a Mediocrite item, files a suit in Oklahoma state court against the firm saying that their products are defective. The company's best ground for dismissal of the suit is

Naomi does not have standing

Under the Fifth Amendment, no person may be deprived of life, liberty, or property without ______________ and an opportunity to be hear.

notice

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the US Constitution, a law embodying it can be imposed by...

no one

Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that

Destiny did not state a claim for which relief can be granted

Bob claims that certain action by the federal government and state of Delaware infringe on rights guaranteed by the Bill of Rights in the United States Constitution. These rights protect individuals and some corporations from:

actions of the government

(T/F) The US Supreme Court has never explicitly overturned a precedential case, and therefore all cases decided by the supreme court are considered to be settled law.

False

(T/F) A Federal District Court can properly assert Federal Diversity Jurisdiction in a case concerning a $1M breach of contract where the co-plaintiffs are from Oklahoma and Arkansas and the co-defendants are from Arkansas and Texas

False

Jack enters into a contract with Jill's farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is

the plaintiff

In a suit against Ian, Jenna obtains an injunction. This is

an order to to or refrain from doing a particular act

The branch of law dealing with the enforcement of private rights and duties between parties is:

civil law

In class we discussed instances where Congress passed laws that regulated the production of wheat for personal consumption, possession of firearms in and around schools, the licensing of steamboats, and racial discrimination in places of public accommodation. Which provision of the U.S. Constitution was used by Congress to justify its authority to pass those laws?

Commerce Clause

The Constitution sets out the authority and the limits of the branches of the government. The terms checks and balances means that

each branch has some power to limit the actions of the others

(T/F) A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court.

True

A provision in the California state constitution conflicts with a provision in the US Constitution. If challenged

the US Constitution, not the state provision, will be enforced

(T/F) The minimum contacts requirement is usually met if a corporation advertises or sells its products within a state.

True

Brad challenges a state statute under the Equal Protection Clause claiming that it violates one of his fundamental rights. If the court applies the Strict Scrutiny standard for evaluating the case, the the statute will

almost certainly be struck down

Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is

effective

A court adjudicates Henry mentally incompetent and appoints Inez to be his guardian. Later, without Inez's knowledge, Henry signs a contract to sell his farm to Jason for its real market value. The contract is

void

Which of the following is not a type of damages we discussed in class?

corrective damages

On October 1, 2018, Wilson offered to sell Riley a ticket to the OU-Texas football game that would take place on October 6, 2018. Wilson offered no deadline for accepting the offer. On October 4, 2018, Wilson called Riley and told him he had decided to take his new girlfriend to the game instead, so he was no longer willing to sell him the ticket. Riley sued Wilson claiming that he had no right to take his girlfriend to the game when he had already offered to sell Riley the ticket. Which of the following is correct?

Wilson had revoked the offer and Riley therefore had no right to the ticket

(T/F) In a bilateral contract, communication of acceptance is necessary.

True

Ralph enters into a contract with Skye to buy her land based on her assertion that the land is open to development. After the sale, Ralph learns that only a small section of the land can be built on - a local law prohibits construction on the rest of the property. Ralph can

not avoid the contract because persons are assumed to know the law

Hal's hardware Inc and Ideal Tools Corp Sign a written contract for a sale of goods. To be enforceable, this written contract must include

a quantity term, such as "50 hammers" or "100 boxes of assorted nails"

Ron has signed a valid and enforceable life insurance contract with Victory Insurance Company where Victory agrees to pay any beneficiary Ron names in the event that Ron dies so long as Ron continues to make monthly premium payments to Victory. Ron is deeply in debt to Emily, so he offers to assign his rights under his insurance with Victory to Emily to cover some of his debts to her. Ron's idea is that Emily could take over his position in the contract as the insured, and he would continue to pay the monthly premiums. Under Ron's plan, Emily would get to name the beneficiary of the policy, so when she died whoever she wanted to collect the insurance money would be able to do so. Can Ron do that?

No. This assignment is invalid because it changes the risk for Victory.

Wally offers to repair and service a forklift for Valu Lumber Outlet, but Wally dies before Valu accepts. Most likely, Wally's death

terminates the offer

Vicky asks Walt, a cobbler, to repair a pair of boots. There is no discussion of a price, and Vicky and Walt do not sign any documents. After the repair, Walt hands Vicky a bill. With respect to Vicky's obligation to pay the bill, this is

an implied contract

Dana believes that a new phone to be sold by Ear Fruit Inc. will become the most popular phone in the global market. Dana enters into a contract to buy 500 shares of Ear Fruit stock, anticipating an increase in its value. The phone does not become popular, and the price of the stock does not rise. Dana can recover

nothing

Car Lot's salesperson Dick offers to sell Ernie, who is 27 years old, a car. Dick intentionally misrepresents the vehicle's use and repairs. In reliance, Ernie buys the car. To prove fraud, Ernie does not have to show that

Ernie is under 21

Scott offered Annette $50,000 to purchase a very fancy Steinway piano from her. Annette accepted Scott's offer. Prior to Scott delivering the purchase price to Annette, he died tragically in a car accident. Scott's estate is refusing to pay Annette the $50,000 for the piano. Can Annette successfully sue Scott's estate to force them to finish the transaction?

Yes. Scott's personal services are not necessary to perform his obligations under the contract.

Hayley and Juan entered into an oral contract wherein Hayley agreed to sell an acre of swamp land to Juan for $450. After Juan performed his end of the deal, Hayley refused to turn over a deed to the property. During a deposition, Hayley stated "yes, I verbally agreed to give Juan the property in exchange for $450, but we never signed anything." Under those circumstances, the contract is

enforceable because of an admission

Juan and Isidro enter into a contract to buy, restore, and reopen the Coastal Park Carousel. Before either party begins to perform, they agree to cancel their deal. This is

a mutual recission

Jenny promises to pay Kay $500 because "she does not have as much money as other people." Jenny's promise is

not enforceable because Kay has not given consideration in return

(T/F) Nominal damages are intended to punish the defendant.

False

(T/F) After reaching the age of majority, a person can ratify or disaffirm a contract that was signed when they were a minor.

True

In order for a ________ damages clause in an agreement to be valid and enforceable, it must be shown that at the date of formation of the contract it was apparent that the damages would be difficult to estimate in the event of a breach and that the amount of damages is reasonable and not excessive.

liquidated

Jeff agrees to shave Logan's bear at a later date in exchange for $20. The day before Logan's scheduled shave, Jeff cancels and says he no longer wants to shave Logan's face. Logan sues demanding specific performance. Will a court use its equitable powers to grant Logan specific performance?

No.

Which of the following groups does a corporation's board of directors owe a fiduciary duty to?

A. the local population

B. all stakeholders

C. employees of the company

D. all stockholders

D. all stockholders

Maria is the sheriff of Narez, Texas. Oscar robs a Narez gas station and a $500 reward is offered for his capture. When, later, Maria finds and arrests him, with respect to the reward, she can

not collect it because she had a preexisting duty to capture Oscar

Emma and Will enter into an oral contract wherein Emma agrees to deliver a basket of strawberries that she just planted when she harvest them later in the year for $30. Shortly after entering into the contract Emma decides to switch to a vegan diet and thinks she won't be able to spare any fruits and vegetables from her garden. She calls Will and tells him she won't be delivering the strawberries as originally agreed. Will calls you and asks if he can file a lawsuit in small claims court in order to recover damages now. What do you tell him?

Yes, an anticipatory repudiation has occured

(T/F) If not time for acceptance is specified in an offer, the offer terminates after 30 days.

False

Berry enters into a contract with Clyde for a guided tour of Deep Canyon. Clyde represents that he is an experienced, knowledgeable guide, when in reality he has never been in the canyon. Berry is most likely a victim of

fraud

Lauren files a suit against Moving Service for breach of contract, based on what Lauren claims was Moving's offer. For a court to determine if a contract has been breached, under the common law, the offer must include terms that are

reasonably definite

(T/F) Avoiding the enforcement of a standard-form contract is not possible.

False

Khan offers to buy Lonnie's 1967 Mustang only if an appraiser estimates that it can be restored for less than a certain price. This requirement is

a condition precedent

Sameer promises his uncle, Farouk, that he will study every day and earn straight A's during the spring semester in exchange for having his tuition paid for the fall semester. Farouk agrees, but after Sameer studies all semester and receives straight A's, Farouk refuses to pay, saying that no such contract ever existed. Which of the following is true?

consideration was present, there was an enforceable contract, and Farouk has wrongfully refused to pay.

Movers LLC promises to deliver a certain couch to Nora, who promises to pay for the service. If Movers does not perform, it may be required to

pay monetary damages

Ryan tells Johnny he will sell him a new baseball gloves for "a fair price" once baseball season begins. When baseball season begins, Johnny tells Ryan he accepts. Ryan and Johnny

have no valid contract because Ryan has not made "an effective offer"

Olivia's parents have hired a band called Tequila Mockingbird to perform at her 19th birthday party for $495. Olivia is currently 5 years old. In order for this agreement to be valid and enforceable, which of the following must be true

the agreement must be in writing

(T/F) In Oklahoma, a covenant not to compete is enforceable only if it is reasonable in duration and geographic area.

False

Property Management Inc (PMI) presents a standard-form lease for an apartment to Quentin for a low price. PMI offers it on a take-it-or-leave-it basis. Quentin is poor and really needs a cheap place to live. Quentin signs the lease, but later wants to withdraw from it. He is most likely to avoid enforcement of the lease on the grounds of

unconscionability

Dennis sells a motorcycle to Elton without disclosing that the odometer, which reads 10,000 miles, was disconnected 100,000 miles ago by Dennis. Dennis is most likely liable for

fraudulent misrepresentation

Ron offers to pay Sara to pick up and deliver certain business documents within thirty minutes. Sara can accept the offer only by completing the task within the deadline. If she does, Ren and Sara will have

a unilateral contract

(T/F) In contract law, "consideration" refers to the time that a party takes to evaluate a deal.

False

Greg is the best many in Jimmy's wedding in Texas. Jimmy offers Greg $500 if Greg will agree not to snort cocaine until the day after the wedding. Greg follow through. Can Greg force Jimmy to pay him the $500?

No. There is no contract because it is not legal to snort cocaine.

Caroline has granted Jimmy an easement to walk across her land to access a public fishing lake for so long as he only uses artificial lures and jigs to catch the fish. This is known as a

condition subsequent

Marketing Solutions Inc. promises to employ Niki as a software engineer. In reliance on the promise, Niki quits her job with Online Ad Company, but Marketing Solutions does not hire her. Most likely, Marketing Solutions is

liable to Niki under the doctrine of promissory estoppel

Jenna buys a cow from Hank believing that the cow is a Charolais bull, but later discovers that it is in fact an Angus bull. Under which of the following circumstances can Jenna rescind the contract?

Hank also believed the bull was a Charolais

(T/F) An offer does not need to be communicated to the offeree to become effective.

False

James tells Ben that he will pay $100 for Ben to deliver a heavy box of books to James's colleagues. Greg overhears James's offer and tells James that he accepts. Do Greg and James have a valid and enforceable agreement?

No. There was not an effective offer.

Luca and Vito approach Moe and ask him to sign an agreement wherein he releases Johnny from obligations arising from a prior contract between Moe and Johnny wherein Johnny agreed to serve as the lead singer of Moe's band for a period of 5 years. Moe refused initially, but decided to sign the agreement when Luca put a gun to his head and Vito assured Moe that either his brains or his signature would be on the contract. In this example, Moe is the victim of _________.

duress

Steve calls Lance and offers to sell him an antique beer bottle for $10. Lance says "I accept, but only if you'll lower the price to $9." Lance has...

rejected Steve's offer