LAW review

Who or what decides how many US Supreme Court justices there will be?

Congress

The United States Constitution states the US Supreme Court justices and all Federal judges serve...

During good Behavior

When a trial of a civil or criminal case in which the jury will decide, the verdict begins. The process of questioning potential jurors is called...

Voir dire

During a Civil trial, the process where the Plaintiffs attorney questions the defendant's witness is called

Cross-examination.

Joe Kirby files a lawsuit against Anthony Covello and Federal court the pleading document that sets out the defendant's responses to allegations in the plane of pleading

any and all affirmative defenses in any and all counter claims

Preemptory Jury challenges are limited in number and cannot be used to discriminate based on...

race or gender

When a judge instructs the jury members before they commence deliberations, is sometimes called

The Charge

a criminal case is ------ burden of proof; in civil cases by -----

beyond the reasonable doubt; the greater way to the evidence

Administrative agencies adopt rules and regulations when they exercise their powers and duties under the guidelines of

enabling acts

Among the sources of law, the source is considered to be the supreme law of the United States

The United States Constitution.

The written document adopted by the Constitutional Convention of 1787 became known as the

US Constitution

The Bill of rights refers to, -------- to the United States Constitution.

the first ten amendments

Originally there were -- proposed amendments but they ended up with 10 for the bill of rights

12

Which of the following constitutional amendments and Clauses has had the greatest impact on business?

Commerce Clause

in the heart of Atlanta versus Us and Cats and Back versus Mcclellan, owners of the heart of Atlanta Motel and one of the owners of Valleys Barbecue and Birmingham Alabama argued that the Federal Civil Rights Act of 1964 (prevents racial discrimination) did not apply to them but...

They lost their case because they WERE engaged in INTERSTATE commerce

Warrantless searches by Government authorities are specifically mentioned in the

United States Constitution, or in the Fourth Amendment

Which amendment protects the person from double jeopardy

fifth amendment.

----- exists in the situation where a person is criminally prosecuted or tried twice for the same offense by the same government entity. (Remember that there are cases where different entities can charge you with different things relating out of the same circumstances.)

Double jeopardy

When a law or state action creates a classification based on a suspect trait, that law or State action will likely be tested in court under which equal protection test? (this is the most strict of them. The one that requires a compelling State interest)

strict scrutiny test.

the free exercise, clause is part of what fundamental constitutional freedom

Freedom of religion (and the other part, of course, is the establishment clause)

which amendment has BOTH the due process clause and the equal protection clause explicitly stated in it.

The Fourteenth Amendment

The constitutional amendment that protects against compulsory self. Incrimination

the fifth Amendment

What amendment in the Bill of Rights. States in part power is not granted to the Federal Government by the Constitution. Nor prohibited to the States are reserved to the States or the people.

tenth Amendment (police powers)

--------requires that people evaluate their actions and lights of the consequences that follow if everyone acted in the same way.

categorical imperative

Moral Minimum means

merely complying with the law; just because an action is legal does not mean that it is ethical

regarding the statute limitations, there's no statute of limitations on all ------- in North Carolina

felonies and murders

in the statute of limitations for most misdemeanors, it is --- years

two

the former corrupt practices act in 1977 prevents business people from

bribing foreign officials

Someone quoting a friend tells some other friends that a person that they know is a child molester, but he's not. is that person guilty of slander?

yes

using another person's name, likeness, voice, or other identifying characteristic without permission for the benefit of the user is called

appropriation

Proof of negligence requires a plaintiff to show

the actual cause, proximate cause, the duty of care and breach of that duty, and an injury, loss, or damage.

barbie accuses ken of assaulting where ken is committed to civil assault. If he created a

fear or apprehension of the immediate, harmful, or offensive contact.

the violation of a law, statute ordinance, or government agency rule regulation can be used in a civil case by another person injured by that violation to help prove

negligence

Anthony Carvello's conviction for running the red line would be admissible, and you'd have to get a certified record of that to be admissible in the civil case, and that's called

negligence per se

A person steals from a store and the clerk yells at them before he shoots as they drive away, he shoots through the window of the car. The getaway car, which in turn actually kills the driver. Is this clerk at the hardware store, liable for anything?

yes, he used too much force, and the perpetrators had withdrawn and were fleeing. So he didn't have a right to shoot him

In Palsgraf v. Long Island, the plaintiff Helen Falls was injured when another railroad passenger dropped a package that exploded. she sued the railroad for injuries in a New York Appeals Court

they found that the railroad was not liable, because the causation was not proximate/foreseeable

a famous critic writes a review of a female entertainer and says that she was performing like she was on drugs. So she sued the critic for defamation and went to trial. A public figure has to prove not only that she wasn't drunk, but also that the statement was

made with actual malice, (meaning they knew it was wrong and they may or recklessly disregarded the truth)

The standard of care used to determine whether a person's actions constitute negligence is whether the actions were

reasonable under the circumstances.

A guy is driving his car negligently crashing into an electrical poll. The poll falls down, knocks out the power in the area, including hospital hospital backup fails, and but for the negligence of this driver the guy at hospital would not have died

so there is actual causation

certain factors for contributing to development evolution of strict product liability. Well, which of the following factors is the most important?

public policy

contributory negligence as a defense, and torts cases based on negligence is a

complete and absolute defense

Jill, sues Antonia, for injuries in a car accident, at the trial, the jury determined, Jill was 20% to blame, if the case was tried in North Carolina, how much would Jill get?

Nothing

Owners of land have a duty of care toward

trespassers??, licenses, and invitees (especially business invitees)

An 8-year-old gets cut by a knife and parents sue, is the knife manufacturer liable? Especially if they did have a warning on the packaging, even though the eight-year-old, of course, didn't see it.

No?

Respondeat Superior means

let the master respond

what tort also involves contract law, and it's closely related to a crime in the same name

fraud

Personal liability of all general partners is

joint and several and unlimited

a company operates as a partnership, and for income tax purposes it must

file a 1065, and does not have to pay any tax

of the following, which North Carolina business organizations is, or are required to file, some of the official articles or certificate with the Secretary of state?

limited partnerships, corporations, and Limited Liability Company

other than a Limited Liability company what corporate entity may have, members

nonprofit corporation

My definition of a contract is a legal agreement between

two or more competent parties where consideration is exchange now or in the future

contracts may be...
in writing,
they can be verbal,
they can be expressed.
They can be implied.

All of the above

contracts that are completely fulfilled or performed are called ----- and ones that are not are executory.

executed

Lowes has already delivered the refrigerator and installed it, and the buyer has not yet paid for it. And so the contract is---- for the homeowner.

executory

Bids in a newspaper are ---- offers but a bid by a licensed contractor IS AN OFFER and can be accepted/rejected

NOT;

for a contract to be voidable due to intoxication. Proof of intoxication requires that the intoxicated personal judgment is so severely impaired that he or she

could not comprehend the legal consequences of entering into the contract.

An uncle promises his needs five hundred dollars at Christmas, and then changes his mind, and never gives you the five hundred dollars.

His promise is gratuitous. It's not binding

in a bilateral contract there is a

promise for a promise

in a unilateral contract there's a

promise for an act

specific performances that remedy of choice for Sellers breach of the contract for the sale of real estate, because

each parcel of land is unique.

An oral contract with the sale of an interesting real property is unenforceable or void in North Carolina, under which statute

The statute of Fraud

Lucy v Zimmer is a classic case deciding

Contractual intent

which is the following will automatically terminate an offer prior to it's acceptance

a withdrawal,
a rejection,
the subject matter being destroyed,
or a counter offer

All will automatically terminate it. All of the above

The charging of the excessive or illegal interest on a loan is called usury in North Carolina of various people who will be able to sue it for money back, or precision of a fully executed contract. In other words, if a contracts been fully executed by both sides, can somebody, then sue, and get their money back?

Yes, under usury, the illegal interesting. You have a TWO year statute limitations after you paid the money back in North Carolina to sue on that.

if you sell something and you're a minor, you have a right to ---- the matter later. the time that you have to void the matter is after --------

Void; you become an adult.

The remedy for misrepresentation or fraud is called

recission (rescind the contract)

A contract that is oral when it is required to be evidenced by writing is ------- by a party who does not wish to follow through with the agreement.

voidable

a counter offer consists of a ------- of the original offer and a new offer.

rejection

A reward published in the classified section in the newspaper is ----------. Normally ads in the classified section are not offers, but a reward is different because it's a type of -------

an offer; unilateral contract.

which is the following is an example of a pre-existing legal duty to perform.

Sheriff has a duty to arrest any fugitive in his or her jurisdiction,

a building contractor who wants more money for a fixed price contract, because the cost of materials went up.

Both?

which of the following types of damages is awarded by the court to the nonbreaching party for indirect or special exam, damage resulting from the breach?

consequential damages

Most landlords are expected to mitigate their damages in the event of breaches of lease agreements by their tenants mitigate means to lessen their damages

A landlord has a duty to go out and try to find another tenant

although the adequacy of consideration is normally not an issue, for the courts, grossly inadequate consideration could be evidence of

undue influence or Some other kind of force used to force somebody into a contract

in order to prove undue influence, there must be proof of the existence of a

confidential or fiduciary relationship.

in the contract. Between them they agree that if the builder doesn't get it done by a certain day, a week. Let's say, before the opening the builder will pay the owner one thousand dollars per day which is considered to be reasonable and not excessive, not punitive, considering the amount of the contract and the difficulty of estimating damages in the event of the breach. This type of damage is called

liquidated damages

A neighbor (a) wants to paint his house a bright color and the other neighbor (b) doesn't want that so they agree that neighbor b will pay for the paint if neighbor A chooses a different color. Neighbor A has to give up his legal right to choose any color but gets free paint. Known as a type of -------. Neighbor B is buying paint as his --------- and Neighbor A agrees to restrain from a certain color which is his -------.

forbearance; consideration; consideration

--------is important in negligence. It's a factor in determining proximate causation in contracts

Forseeablilty

Covenant not to compete, are usually upheld as long as they are reasonable in

time and geographical scope.

Protective legitimate business interests are not too broad or vague, and consideration is given for

green income.

One of the parties to personal service contract dies or becomes incompetent in the past state prior to performance. The discharge of the contract may occur due to

impossibility of performance.

no contract exists where there's a mutual mistake in

material fact

Nancy was declared incompetent, and then slipped away from her guardian and went home and sold a bunch of her property. Is her contract void or voidable?

Void from the beginning (void ab initio)

voluntary consent can be used to set a contract aside, because without it there is no ----

true meeting in the minds

contracts can be discharged by
bankruptcy
impossibility,
expiration of statute limitations,
frustration and purpose

All of the above

ab initio means

from the beginning

UCC stands for

Uniform Commercial Code

--------is refraining from doing something which one has a right to do

forbearance

The uncle tells his nephew that he will pay him five hundred dollars a week if he quit his job and he does, he quit his job, and then the uncle refuses to pay. This is called

promissory estoppel/ detrimental reliance

a loss of profits can be either ------ damages or ------

compensatory; consequential

The English coronation cases illustrate the doctrine of

frustration of purpose.

Consideration requires something of ------------- given in exchange for promise

legally sufficient value

You hire a non licensed builder to work on your house that will cost $35,000 but the legal limit is $30,000 without a license

The owner can refuse to pay him for the job

which of the following best describes what we're A party to a proposed contract is threatened, blackmail or extortion enforced in or into a contract

deress?

When a person is barred or prevented or stopped from denying something

estoppel

Someone buys a violin for $250 but if the violin is worth more then it was sold for do they need to return it back?

NO

The contract may be voidable by one or both parties to the contract, which of the following instances when either party the contract can avoid it.

two minors,
and there could be a mutual mistake of fact, (so either party can avoid the contract.)

Someone owned a valuable car many years ago, can they decide to go back and get their car back if they decided they didnt get enough money for it?

No; the statue of limitation ran out and because adequacy of consideration is not something courts usually look into

What are the two parts of Contract consideration

legally sufficient value and bargain for exchange.

contracts can be void or voidable if made by

a minor
an incompetent person
an intoxicated person,
or an illegal alien

Termination of an offer and termination of a contract will occur when the subject matter of the offer or contract is

destroyed