Final Exam

Case law

laws made by decision of the court

Promisor

Who is the person who makes a promise?

12; 1,250

To be eligible for FMLA leave, an employee must have been employed by a covered employer for at least ______ months and have worked at least _____ hours during the 12 month period preceding the leave.

offer and acceptance; counteroffer and acceptance

In which of the following circumstances can there be a valid contract?

Conspiracy

Bob and Tammy plan to rob the First American National Bank. Someone over hears them discussing it and calls law enforcement. Law enforcement gets a search warrant for their home and find ski masks, guns, rope, and written instructions on how to rob a bank. What crime have Bob and Tammy committed?

Discovery

the process by which parties obtain information from each other

Money, property, services, and forbearance

Which of the following is an example of consideration?

Overtime

one and a half times when you go over 40 hours in a work week

Commerce clause

What part of the Constitution gives the federal government broad powers to regulate the activity of buying and selling among the states?

Use the mark first, can be confusing to customers, a valid mark

To prove trademark infringement a plaintiff must show all of the following:

Plaintiff

the person who brings (or starts) a lawsuit

Elements of negligence

Duty, breach of duty, damages, and causation

Voter registration

Where does the list for the jury pool come from?

Subject matter jurisdiction

In order for a court to hear a case, it has to have jurisdiction over the kind of lawsuit it is. What is this called?

Legislative branch

the branch of government that makes the laws

Money laundeering

knowingly and willfully participating in financial transactions when those transactions are designed to conceal or disguise the source of the money

Unilateral contract

What type of contract or agreement exists where only one party make a promise?

\--the other party usually fulfills their end by some type of conduct

clauses allowing for termination for no cause

The following are usually included in a collective bargaining agreement except for the following…

Original jurisdiction

Courts that have the authority to hear the original proceedings in a case are courts of what type of jurisdiction?

10

Trademarks have to be renewed every ____ years or the person who owns the trademark loses it.

anything that starts with U.S. or Federal

The following is NOT a court in the Mississippi state court system:

Chancery court

this Mississippi court hears divorces and is often known as family court

Defendant

Who is the person against whom a criminal or civil action is brought?

Personal jurisdiction

the fact that a court has to have jurisdiction over the actual parties in the case

Felonies

What type of cases does Circuit Court usually hear?

Appellate jurisdiction

a court that reviews the decisions of lower courts has this type of jurisdiction

Justice court

misdemeanors are originally heard in this court

Remand

when an appellate court sends a case back down to the trial court for it to be retried (reheard)

Complaint

What is the document filed by the Plaintiff to start a lawsuit?

Front page of the newspaper test

Which of the following is a test used to determine if your actions are ethical by visualizing the public disclosure of your actions?

Affirm

when an appellate court upholds the decision of a lower court, it has done this

Ways to amend or alter the constitution

\-- official amendment process (Constitutional method)

\-- judicial interpretation

\-- actual practice

Delegated powers

this is the kind of powers granted only to the national government in the U.S. Constitution

Bedrock view

theory of interpreting the U.S. Constitution that believes it should be strictly interpreted; thereby giving the federal government the least amount of power

The right to due process

Which of the following is not a power granted to the federal government in the U.S. Constitution?

Constitution

written document that forms the foundation of our legal environment and established a central government to coexist with the state governments

4th amendment

The right to be free from unreasonable searches and seizures is in which U.S. Constitutional Amendment?

Bribery

Kenny offers to pay his chemistry teacher $500 to give him an A in the class. What crime has Kenny committed?

Embezzlement

Dana works at the Shell Station. At the end of her shift, she takes $500 out of the cash register. What crime has Dana committed?

5th amendment

What U.S. Constitutional Amendment guarantees a person the right to due process?

Bilateral contract

an agreement or contract where one promise is given in exchange for another promise

Voidable contract

What type of contract or agreement is valid and binding but may be voided by one of the parties?

Void contract

What type of contract or agreement cannot be enforced and has no legal effect?

Express contract

an agreement or contract that is manifested by words, either written or oral

Strict liability

this is an absolute standard of liability imposed by law in circumstances where there has been a determination of a higher level of protection to the point where someone is liable regardless of their conduct

anything that causes undue hardship on the employer

Generally, what would not be considered a “reasonable accommodation” for persons with disabilities?

Types of patent

1. Utility

2. Design

3. Plant

Race, color, religion, sex, and national origin

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on all of the following:

Google

Which of the following is an example of a coined or fanciful trademark name?

Duress

pressure asserted upon a person by someone who does not dominate that person or is not in a confidential relationship with that person

Forfeiture

a punishment where the tangible items and money are seized (taken) by the government

Arbitrary

A ___________ trademark word is a word with a common meaning applied to a product or service that is unrelated to that meaning.

\--ex: Amazon, Apple

False

The judicial branch of government does not have much power since it only interprets the laws.

True

False

True

A single court (for example, Circuit Court), can have more than one type of jurisdiction.

True

False

True

A person who owns a business can have their personal property seized and forfeited if the personal property was purchased with money derived from illegal activities of that business.

True

False

True

The United States Supreme Court does not have to hear every case appealed to it.

True

False

False

The meetings of an administration agency must always be open to the public.

True

False

False

Law enforcement finds one pound of marijuana in Jimmy’s car. He can get 2-8 years in prison, but his lawyer gets him a plea deal of probation which Jimmy takes. He never has to serve any time in prison. Jimmy is not a convicted felon.

True

False

False

Since administrative hearings can have criminal consequences, there is a right to have a jury in these hearings.

True

False

True

Mary wants to sue her governmental employer for race discrimination. Before she can file a lawsuit in regular court, she must first exhaust her administrative remedies before the proper administrative agency.

True

False

False

There is no appeal process after an administrative law judge makes a ruling.

True

False

True

Administrative agencies have the authority to levy hefty fines against companies within their jurisdiction.

True

False

False

Administrative agencies do not have legislative, executive, and judicial powers because that would be giving them too much power.

True

False

True

Felonies are crimes that are punishable by more than one year in prison.

True

False

False

Law enforcement always has to have a search warrant before coming into and searching someone’s home.

True

False

False

A court of general jurisdiction can only hear one particular kind of case.

True

False

False

Misdemeanors are originally heard in Circuit Court.

True

False

True

Miranda warnings are required because of the United States Supreme Court and is not actually a law enacted by Congress.

True

False

True

The 5th Amendment gives Americans the right to due process.

True

False

False

Beverly come home from work one afternoon and finds that a beautiful stone patio has been built in her backyard. Beverly did not enter into a contract for a patio. A court would likely make Beverly pay for the patio to prevent an unjust enrichment.

True

False

False

In MS, someone has to be 18 before he or she can enter into contracts regarding real property.

True

False

True

Someone can have mental health issues and still be able to contract so long as they understand that a contract is being made and understand its general meaning.

True

False

True

Tom gets a medical bill for $10,000. He calls the medical provider and states that he only owes $8,000 because some of the work billed was not actually performed. The medical provider states that the work was preformed and that Tom owes the entire $10,000. Tom sends the medical provider a check for $8,000 and writes “Paid in Full” at the bottom of the check, and they cash it. The medical provider will likely NOT be successful in suing Tom for the remaining $2,000.

True

False

True

A person who is intoxicated can enter into a valid contract so long as he or she understands that a contract is being made.

True

False

False

Amanda buys a car from Betty and never asks if it has been in an accident. About a month later Amanda tries to sell the car but the potential buyer runs a CarFax report and determines that the car has been in an accident. This substantially reduces the value of the car. Amanda can likely successfully sue Betty for breach of contract since Betty did not tell Amanda about the car being in an accident.

True

False

False

Katherine made Paul a valid offer and told him that it was good for 10 days. Two days later Katherine called Paul and told him that she was withdrawing the offer. Paul told Katherine that he was accepting the offer since he still had 8 days left. Paul has a valid contract with Katherine.

True

False

True

Consideration can be the actual refraining of doing an act (forbearance).

True

False

True

No particular form of words or mode of expression is required by law for there to be an acceptance so long as it is clear that the offeree agrees.

True

False

False

Jennifer promises to give Kelly her stamp collection. Kelly goes to Jennifer’s house to get the stamps but Jennifer says that she has changed her mind and will not give Kelly the stamps. Kelly can successfully sue Jennifer for breach of contract.

True

False

True

Torts can be both intentional or unintentional.

True

False

True

An offer is deemed accepted when the written acceptance is placed in the U.S. Mail or with a mail carrier service.

True

False

False

An offer is deemed rejected when the written rejection is placed in the U.S. Mail or with a mail carrier service.

True

False

True

Mary has dementia but wants to enter into a contract to sell her home. Mary can do this so long as she is lucid when the contract is entered into.

True

False

False

A contract entered into where both parties make a mistake in judgement is voidable by one of the parties.

True

False

False

Nelson was in the market to sell his house. Baker sent him a written offer to buy the house. Nelson sent Baker a response stating that he would accept Baker’s offer with some changes. Baker withdrew his offer, but Nelson sued Baker saying they have a valid contract. Nelson is correct.

True

False

True

Offer and acceptance are the basic requirements for an enforceable, valid contract.

True

False

False

An unlicensed doctor can successfully sue a patient for the doctor’s fee if the patient in fact recovered because of the unlicensed doctor’s care.

True

False

False

John wants to sell his car and tells his cousin, Kelly that he will take $5,000 for it. Kelly doesn’t want it, but Leon is listening to their conversation and says he will buy it for $5,000. John and Leon have a contract.

True

False

True

Tony takes his car to the repair shop and asks for a new transmission. When he returns to get the car, the bill is $2,000. Tony refuses to pay stating that there is no contract since he did not expressly agree to pay $2,000. A court would likely find that there was in fact a contract and that Tony has to pay the $2,000.

True

False

True

Once a valid offer is legally accepted in its original terms, there is a binding contract and neither party can get out of it without the other person’s agreement.

True

False

False

Contracts have to be fair to all parties involved.

True

False

True

Amanda lost her dog, Casper, and posted $100 reward signs in town for the return of Casper. Amanda’s neighbor Brian, found Casper injured behind his house two days later and returned the dog to Amanda not knowing about the reward money. Amanda does not legally owe Brian the $100.

True

False

False

If two parties make an oral agreement and then put it in writing and sign a contract, but one then alleges that there is a mistake in the written document (contract), the written contract always dictates and is what binds the parties.

True

False

True

Tiffany posts a $50,000 reward for the arrest and conviction of the killer of her best friend. Gerald hears of the reward and tells the police that his friend, Kelly, is the murderer. Kelly is later arrested and convicted of the murder. Tiffany and Gerald have a valid contract, and Tiffany must pay Gerald the $50,000.

True

False

False

Jim bids on a multi-million dollar construction project and makes a miscalculation of approximately $5,000. He only notices the error after his offer had been accepted but the builder. Jim can likely have the contract voided because of his mistake.

True

False

False

A contract entered into where both parties make a mistake in fact is not voidable by one of the parties.

True

False

True

Accepting an offer to do something that you are already legally obligated to do does not make a valid contract.

True

False

True

Betty extends an offer to Kathy. Kathy wants 5 days to think about it. Kathy must give Betty some form of consideration in order to enforce the 5 day waiting period.

True

False

True

A noncompete clause in a contract may be held invalid because of vagueness concerning the duration and geographic area of the restriction.

True

False

False

Copper Tire enters into a contract with Rubber Co to purchase all of tis rubber from Rubber Co. Copper later tries to argue that the contract is not valid because it does not specify a definite amount of rubber that it will purchase. Courts will generally invalidate this type of contract for not being definite.

True

False