Legal Studies Final Practice

5th amendment no one can be deprived of life, liberty, or pursuit of happiness without ____ and opportunity to be heard:

notice

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of

a. Arbitration

b. Litigation

c. Mediation

d. negotiation

d. negotiation

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

a. an unconstitutional restriction of speech.

b. constitutional under the First Amendment.

c. necessary to protect national interests.

d. justified by the need to protect individual rights.

a. an unconstitutional restriction of speech.

Sustainable Agro Corporation regularly expresses opinions on political issues, including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment, this type of speech when expressed by a corporation is

a. Discouraged.

b. Forbidden.

c. Protected.

d. Required.

c. Protected.

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?
a. Commerce Clause
b. Equal protection
c. Establishment clause
d. Substantive due process

a. Commerce Clause

In a suit against Ian, Jen issues an injunction, this is: _______

an order to do or to refrain from doing a particular act.

Cases decided in other jurisdictions are considered ___________

Persuasive authority (This was on exam 1 and 2)

The branch of law dealing with the enforcement of private rights and duties between parties is?
a. Civil Law
b. Administrative law
c. Constitutional law
d. Federal law

a. Civil Law

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 U.S. Constitution, a law embodying it can be imposed by
a. None of these choices
b. Congress
c. Federal court
d. The president

a. None of these choices

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
a. The supremacy clause
b. Due process clause
c. The privileges and immunities clause
d. No provision in the US constitution

a. The supremacy clause

Which of the following is not a right listed in the Fifth Amendment to the US Constitution?

a. Procedural due process when the government is depriving an individual of life, liberty, or property

b. The right of an individual against self incrimination

c. The right to a speedy trial

d. The right of an individual to receive just compensation when the government takes her land for a public use

c. The right to a speedy trial

In a challenge to a state statute that discriminates on the basis of gender, which of the following would be the proper standard of review for a court to apply?
a. Strict Scrutiny
b. Rational Basis
c. Intermediate Scrutiny
d. Legitimate Basis

c. Intermediate Scrutiny

Which of the following is not featured in the Bill of Rights?
a. Establishment Clause
b. Due Process Clause
c. Free Exercise Clause
d. Equal Protection Clause

d. Equal Protection Clause

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

a. neither provision will be enforced.

b. the provisions will be balanced to reach a compromise.

c. the state provision, not the U.S. Constitution, will be enforced.

d. the U.S. Constitution, not the state provision, will be enforced.

d. the U.S. Constitution, not the state provision, will be enforced.

Brian challenges a state statute under the Equal Protection Clause claiming that it discriminates on him on the basis of his national origin. If the court applies the Strict Scrutiny standard for evaluating the case, then the statute will

a. almost certainly be struck down.

b. almost certainly be upheld.

c. be invalidated unless it is rationally related to a legitimate government interest.

d. be upheld unless it is necessary to promote a compelling state interest.

a. almost certainly be struck down. (note it said state statute)

Bob claims that certain action by the federal government and the 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

a. the actions of other citizens.

b. the actions of private employers.

c. from the actions of the government.

d. none of the above.

c. from the actions of the government.

State of Massachusetts regulates employment, traffic, etc. to protect public order, etc. this is

State's police powers

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

a. and goes no further than necessary to achieve its purpose.

b. without regard to how "far" it goes.

c. and the parties affected by it can elect how "far" to go in applying it.

d. and goes further than necessary to ensure full coverage.

a. and goes no further than necessary to achieve its purpose.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
a. Congress writes checks and the other branches balance the budget.
b. each branch has some power to limit the actions of the others.
c. the courts balance their authority to the other branches' checklists.
d. the president "checks" the courts, which "balance" the laws.

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

George burns a U.S. flag in his backyard. He posts a video of the event on YouTube.com. George's actions are

a. expressly prohibited by the Constitution.

b. protected by the First Amendment.

c. subject to reasonable restrictions under the due process clause.

d. given strict scrutiny under the equal protection clause.

b. protected by the First Amendment.

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

a. no one.

b. the federal government only.

c. the state of North Carolina only.

d. the President only.

a. no one.

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

a. be rationally related to a legitimate government interest.

b. be substantially related to important government objectives.

c. be necessary to promote a compelling state interest.

d. be authorized under Article II Section 8.

c. be necessary to promote a compelling state interest.

All discrimination is considered unconstitutional under the Equal Protection Clause.

a. True

b. False

b. False

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.
a. True
b. False

b. False

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

a. Vote

b. Notice

c. free speech

d. a formal trial

b. Notice

A federal law dictating that postal employees wear crucifix necklaces as part of their uniform would likely be struck down as unconstitutional under the
a. Equal Protection Clause.
b. Commerce Clause
c. Establishment Clause
d. Due Process Clause

c. Establishment Clause

(T/F) Laws enacted in that state only applies to that state

True

(T/F) The 1st amendment prevents limits from being placed on independent political expenditures by corporations

True

(T/F) Procedural law is one uniform set of rules of procedure for all courts

False

A federal law preventing the sale of cattle across state borders would likely be considered constitutional under the
a. Privileges and Immunities
b. Commerce Clause
c. Establishment Clause
d. Free Exercise Clause

b. Commerce Clause

The 10th amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states

a. True

b. False

a. True

McDonald's has a corporate policy that prevents employees from making political statements to customers. Such a policy is a violation of its employees' rights under the First Amendment.
a. True
b. False

b. False

Suppose the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (the "ATF") passed a regulation requiring that all ammunition box labels bearing statements relating to the "toxic or non-toxic nature of the shot" be approved by the ATF prior to being put on the market (some ammunition is made of lead, while others are made of metals that will not make migratory birds ill if they ingest them such as steel or tungsten). In order to earn the ATF's approval for a label, the manufacturer must provide the ATF with a lab test report demonstrating that there are no toxic ingredients in the ammunition.
An ammunition manufacturer called SureShot released a new line of shotgun shells called Nature's Friend Non-Toxic, and put on the label that the ammunition was non-toxic and safe for wildlife (except for the wildlife being shot with the shotgun shells). SureShot applied for ATF approval of its label, but was denied because the lab test report indicated that a large portion of the shot used in Nature's Friend Non-Toxic was in fact lead shot that had been coated in chrome paint. Upon receiving the ATF's denial of its label application, SureShot filed a lawsuit in federal court claiming that its First Amendment rights were being violated by the ATF.
Based on what you've learned this semester, do you think SureShot will ultimately prevail in court? Why or why not? Be specific.

No, I do not believe that SureShot will prevail in court because the 1st Amendment does not protect against misleading labels. Although the box label in this example is technically considered to be commercial speech, which is protected by the first amendment, the misleading label in this case would still be subject to government regulation because it fails the Central Hudson Test. The first question of the Central Hudson Test asks if the speech contains an illegal or misleading activity, and because this label contains misleading info, it is not protected by the first amendment.

Rory questions whether there is consideration for his contract with Silver Spurs Club to exchange his performance of country music on certain dates for Silver's payment of a certain amount. To constitute consideration, the value of whatever is exchanged must be
a. Objectively worthy
b. Precisely adequate
c. Legally sufficient
d. Practically sound

c. Legally sufficient

Which of the following is an element of negligence?
a. Intent
b. Duty
c. Assumption of risk
d. Contingency

b. Duty

Which of the following is not an intentional tort?
a. Strict liability
b. Battery
c. Slander
d. Tortious interference of a contract

a. Strict liability

Which of the following is an example of where the doctrine of res ipsa loquitur would be applicable?
a. A man spits on another's shoes
b. A newspaper published a false and defamatory statement about a private citizen
c. A car accident where one of the drivers failed to use her turn signal
d. It is discovered that a piece of surgical equipment was left inside a of a patient

d. It is discovered that a piece of surgical equipment was left inside a of a patient

Failure to warn of a reasonably foreseeable danger posed by a product that you are selling is an intentional tort
a. True
b. False

b. False

While hiking on a trail in the mountains, Steve crosses into Joe's land without realizing it. He was under the impression the trail only crossed his friend Mike's land (Mike had granted Steve an easement to hike on his land and observe the natural surroundings). Under these circumstances, did Steve trespass on Joe's land?
a. Yes because he deliberately did something that resulted in him entering Joe's land.
b. No because he did not intend to enter Joe's land.
c. No because he had an easement in gross.
d. No because he didn't create an undue burden on Joe's land.

a. Yes because he deliberately did something that resulted in him entering Joe's land.

Sally purchased an LED desk sign from More Than OK. After several uses the base of the sign became very hot. When Sally touched the extremely hot base she burned her hand and incurred third degree burns that required a trip to the hospital and a minor surgery. Sally hired a lawyer who hired an expert to examine the LED base. After his investigation he determined that the base was missing a part that was included in the typical LED base that kept the battery from overheating. Upon examining dozens of other LED bases sold by More Than OK the expert discovered this was the only base missing that part and concluded the Chinese manufacturer had simply left the part out on accident. Which of the following claims would be the most appropriate for Sally to assert in order to seek compensation for her injuries?
a. Strict Product Liability on the basis of a manufacturing defect
b. Strict Product Liability on the basis of a design defect
c. Negligence on the basis of More Than OK's failure to warn about the defective condition
d. Battery on the basis that the manufacturer intended to ship the defective base to More than OK for distribution to the public

a. Strict Product Liability on the basis of a manufacturing defect

(T/F) As long as a contract is personal in nature, all rights under the contract can be assigned.

False

(T/F) The Sixth Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states

False (it's the 10th)

Which of the following groups does a corporation's board of directors owe a fiduciary duty to?
a. The local citizens
b. Customers
c. All stockholders
d. All stakeholders

c. All stockholders

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

False

(T/F) No contract can prohibit delegation of the duties of the contract.

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. An implied condition

b. A concurrent condition

c. A condition subsequent

d. A condition precedent

d. A condition precedent

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. Specific Performance
b. Mutual rescission
c. Accord and satisfaction
d. Novation

b. Mutual rescission

Pico, a famous chef, agrees to give ten culinary lessons to Rhoda in exchange for $1,200. Pico's attempt to transfer his contract duties to Sven, an unknown sous-chef, will probably be:
a. Permitted because contracts may be freely delegated
b. Permitted because the contract is concerned with cookery
c. Prohibited because contracts may not be freely delegated
d. Prohibited if Pico and Sven have different skill levels

d. Prohibited if Pico and Sven have different skill levels

Inez hires Josh to paint her portrait to her satisfaction for $4,000 .When Josh finishes the Portrait, Inez announces that she is not satisfied with it. Inez:
a Muse pay Josh the contract price
b. Must pay josh half of the contract price as compromise
c. Must pay josh only the cost of his materials
d. Does not have to pay josh

d. Does not have to pay josh

Amy and Bob enter into a contract for Bob to perform waste management services for Amy's commercial properties. Later, Bob alters a material term - increases the price - without Amy's knowledae or consent. Amy:

a. Can alter a material term, such as the payment date, without Bob's consent

b. Can treat the contract as discharged

c. Must adapt his performance accordingly

d. Must determine whether Bob's alteration constitutes substantial performance

b. Can treat the contract as discharged

Hal's hardware Inc. and Ideal Tools Corporation sign a written contract for sale of goods. lo be enforceable, this written contract must include:

a. A correct title, such a "Purchase Order" or "Sales Invoice"

b. A date, such as "October 2017" or "10/2017"

c. A quantity term, such as "50 hammers" or "100 boxes of assorted nails"

d. The parties' contract information

c. A quantity term, such as "50 hammers" or "100 boxes of assorted nails"

Which of the following is not a type of damage we discussed in class?
a. Punitive
b. Compensatory
c. Corrective
d. consequential

c. Corrective

As a judge, Baxter applies common law rules. These rules develop from

Decisions of the courts in legal disputes

The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products.This statute applies in
a. All states
b. Wyoming only
c. States the products are being sold in/to

Wyoming only

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, Verbally agreed to give Juan the property in exchange for $450, but we never signed anything." Under those circumstances, the contract is:
a. Unenforceable because it is for sale of land.
b. Enforceable because it is for less than $500
c. Unenforceable because of lack of consideration
d. Enforceable because of an admission

d. Enforceable because of an admission

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.

a. Liquidated

b. Penalty

c. Punitive

d. Prepaid

a. Liquidated

A father offers to pay his 19 year old son $500 if he does not dip Copenhagen prior to his 25th birthday. It is legal for him to dip Copenhagen. The son accepts his father's offer. Several weeks after the father and son make this agreement, the father's wife is granted a guardianship over the father because he has advanced dementia and has not been lucid for years. The father's contract with the son is

a. Not enforceable at this time

b. Void

c. Voidable by the son

d. Voidable by the father's wife

d. Voidable by the father's wife

Fancy credit is preparing to loan money to Elliott. In order to "make it legal" Fancy Credit wants Elliott to sign a promissory note before he can receive his loan. Elliott doesn't want Fancy Credit to be able to transfer its right to repayment under the promissory note to anyone else, so he demands that an anti-assignment clause be added. Is such a clause valid?
a. Yes. so long as there is an accompanving anti-delegation clause
b. Yes. anti-assignment clauses in promissory notes are presumed valid
c. No, anti-assignment clauses are always invalid
d. No, the assignment of promissory notes cannot be prohibited

d. No, the assignment of promissory notes cannot be prohibited

Emma and Will enter into an oral contract wherein Emma agrees to deliver a basket of strawberries that she just planted when she harvests them later in the year in exchange 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?
a. No, Will has to wait for the date Emma harvests the strawberries to have a right to damages
b. No, Will doesn't have a right to damages in a contract of this sort.
c. Yes, an anticipatory repudiation has occurred
d. Yes. Emma has committed fraud

c. Yes, an anticipatory repudiation has occurred

Paige and Luciana are negotiating the sale of Paige's Ford Fusion. Both parties mistakenly believe that the car is a 2007 model, when it is actually a 2008. If they sign a contract for the sale of the car, and then later learn their mistake, which of the following results is possible:

Paige AND Luciana can rescind the contract OR they can perform their duties under the contract

Olivia's parents have hired a band called Kings of Leon to perform at her 18th birthday party on August 3, 2032 for $495. Inorder for this agreement to be valid and enforceable, which of the following must be true.

a. The agreement must be in writing

b. $495 must be the market rate for Kings of Leon's services

c. Olivia must ratify the agreement on her 18th birthday

d. The agreement need not be in writing, but has to be executory

a. The agreement must be in writing

16. Which of the following debts cannot be discharged in a bankruptcy?
a. Child support
b. Credit Card Debt
c. Mechanics' and Materialmen's Lien
d. Debts incurred due to a gambling addiction

a. Child support

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

a. Hank made no representations about the breed of the bull.

b. Hank also believed the bull was a Charolias

c. Jenna has never bought a cow before

d. A Charolias bull is worth less than an Angus bull

b. Hank also believed the bull was a Charolias

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

Buddy and drew tell their wives that they are going to see the new Avengers movie. Instead, they go to Cici's Pizza and eat a lot of pizza. Drew knows that Buddy's wife strictly monitors his diet and would not be happy if she found out he was eating a large quantity of pizza. At the conclusion of the meal Drew asks Buddy to sell him Buddy's signed Adrian Peterson jersey for $100. Buddy refuses, so Drew threatens to tell Buddy's wife about their trip to Cici's. Buddy immediately agrees to sell the jersey out of fear of his wife. Later Buddy refuses to deliver the jersey to Drew. and Drew sues Buddy. Buddy claims that he was under duress when he agreed because of Drew's threat. Which of the following is true?

a. Buddy was under duress because Drew threatened him in order to get him to agree

b. Buddy was not under duress because Drew's threat was not to do something that Drew had no right to do

c. Buddy was not under duress because his wife being mad at him is not serious enough that a reasonable person would say that justifies him agreeing to give over his jersey.

d. Buddy was under duress because the jersey is worth more than $100

b. Buddy was not under duress because Drew's threat was not to do something that Drew had no right to do

In a contract that must be written under the Statute of Frauds, who must sign the contract?
a. Both parties
b. The party who drafted the agreement
c. The party against whom enforcement is sought
d. The party who is seeking enforcement

c. The party against whom enforcement is sought

An auto retailer started a marketing promotion on a new hybrid model sedan. It advertised that anyone who purchased the car in 2018 and did not get at least 50 miles per gallon average gas mileage during the first 60 days, would receive a payment of $10,000 cash from the company. Record-keeping and inspection procedures were required to assure accurate reporting by the vehicle owner. The promotion was widely publicized. A female customer purchased a hybrid model during the promotion period, followed all the rules, and recorded only 42 mpg in the first 60 days. She demanded the rebate but the company stalled for months and then stopped responding to her inquiries. Does she have a contractual right to collect the $10.000?
a. Yes, because this is a bilateral contract, making it necessary that the company live up to its set of promises made to her.
b. No, this was merely puffing, and therefore not an offer to contract with any particular person.
c. Yes, this was a unilateral contract in which the offeree acted upon the offer by performing the terms of the offer, thus creating a binding contract.
d. No, because she did not formally notify that company that she was accepting the offer prior to her performance

c. Yes, this was a unilateral contract in which the offeree acted upon the offer by performing the terms of the offer, thus creating a binding contract.

21. Eric, a Minnesota resident, gets in a car accident in Minnesota with Billy, a Texas resident. Eric thinks Billy is at fault and that he has caused him damage in the amount of $30.000. Eric wants to sue Billy in a Minnesota federal court for his damages incurred from the car accident. Is Eric able to do this?
a. Yes. the court has jurisdiction because Eric is from Minnesota and Billy is from Texas.
b. No, the court does not have jurisdiction because Billy is not a Minnesota resident.
c. Yes, the court has jurisdiction because the car accident happened in Minnesota
d. No, the court does not have jurisdiction

d. No, the court does not have jurisdiction (note he is wanting to sue in a FEDERAL state court, can't just jump to the top level)

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?

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

b. Because no date was specified for acceptance, Wilson had no right to revoke the offer.

c. Wilson's offer was an irrevocable option contract.

d. Wilson's offer was simply a gift, and therefore Riley had no right to the ticket.

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

Sooner Suites, Inc. breaches its contract with Pillows, LLC. Pillows, LLC files a suit to recover compensatory damages, which are normally assessed in order to
a. penalize the breaching party
b. deter others from engaging in similar behavior
c. pay for the direct losses incurred by the nonbreaching party
d. for harm caused by special circumstances beyond the contract.

c. pay for the direct losses incurred by the nonbreaching party

Jeff agrees to shave Logan's beard 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?

a Yes

b. No

c. Not enough information

d. Only if Logan can prove that Jeff is still capable of shaving faces

b. No

Stacy's mom and Wayne have decided to get married. It is very important to Stacy's mom that Wayne continue to mow her lawn every week during the summer, so she has asked that in Wayne's wedding vows he explicitly state that he promises to mow the lawn every week during the summer until death. She is adamant about this being added and will not marry him unless those words are added into his vows. Wayne agrees to add the vows, so Stacy's mom agrees to marry him. After a few years, Wayne decides he doesn't want to mow the lawn anymore, and Stacy's mom takes him to court to enforce his agreement to mow. What is the likely result?

a. Wayne will have to mow because they have a valid bilateral agreement

b. Wayne will have to mow because marriage is valid consideration

c. Wayne will not have to mow because the agreement is not enforceable in that form

g Wayne will not have to mow because there is no valid consideration

c. Wayne will not have to mow because the agreement is not enforceable in that form

Ron has signed a valid and enforceable life insurance contract with Victory
Insurance Company where Victory agrees to pav anv 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?
a. No. This assignment is invalid because it bifurcates the duties and the rights in the agreement.
b. No. This assignment is invalid because it changes the risk for Victory.
c. Yes. There is no mention of an anti-assianment provision
d. Yes. There is a constitutional right to assign life insurance contracts.

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

(T/F) Under the Mirror Image Rule, an offeree must make an equivocal acceptance.

False (equivocal means ambiguous)

Johnson's Roofing Company (JRC) gives Ben a quote for re-shingling his roof on Monday after he called them to find out how much a roofing job would cost. On Wednesday, a JRC crew arrives at Ben's house and informs him they are there to re-shingle the house. They complete the work on Thursday and present him with a bill for the originally quoted price. Ben has not signed an agreement with JRC for them to re-shingle his root, and refuses to pay the bill. In a lawsuit to receive payment for the work, JRC

a. can receive nothing because the parties do not have a contract.

b. receive nothing because they have placed Ben in an awkward position, which constitutes duress

c. receive payment because the parties have an implied contract.

d. receive payment because giving the quote created a unilateral contract, and they performed.

c. receive payment because the parties have an implied contract.

Madison files a petition in a suit against Christopher, Christopher files an answer, the case may now be:

Dismissed or settled

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

a. rejected Steve's offer.

b. Formed a contract.

c. accepted Steve's offer

d. formed a quasi contract, which will become an express contract once Steve accepts Lance's new term.

a. rejected Steve's offer.

Ryan tells Johnny he will sell him a new baseball glove for the price it is listed for in the Eastbay catalog once baseball season begins. When baseball season begins, Johnny tells Ryan he accepts. Ryan and Johnny
a. Have a valid and enforceable contract
b. Have no valid contract because there is no consideration
c. Have no valid contract because Johnny did not accept before the expiration of the offer.
d. Have no valid contract because ryan has not made an effective offer.

a. Have a valid and enforceable contract

While heavily intoxicated to the point he lacked mental capacity, Danny agreed to mow Nat's lawn for $10. After sobering up, Danny called Nat and told him he was backing out of the deal. Danny is

a. required to perform under the contract because intoxication has no bearing on contractual capacity.

b. able to void the agreement because he has disaffirmed it within a reasonable time of becoming sober.

c. not required to perform because he lacked capacity and therefore the

contract is void

d. required to perform because he has ratified the agreement by contacting

Nat and acknowledging its existence while sober.

b. able to void the agreement because he has disaffirmed it within a reasonable time of becoming sober.

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

a. enforceable because society wants people to keep their promises b. enforceable because the redistribution of wealth is a valid social goal

c. not enforceable because Jenny could have paid Kyle more

d. not enforceable because Kay has not given consideration in return.

d. not enforceable because Kay has not given consideration in return.

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:

a. enforceable if Henry comprehended the consequences.

b. enforceable if Henry knew the market value of the farm.

c. enforceable if Henry was the record owner of the farm

d. Void

d. Void

Ruth, who is Sal's guardian, convinces him to buy a certain parcel of land from Tyrone at a greatly inflated price. Ruth may be liable for:

a. undue influence

b. Duress

c. Mistake

d. fraud

a. undue influence

Ren 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 bilatera contract

b. a unilateral contract.

c. a void contract.

d. an executive contract

b. a unilateral contract.

Car Lot's salesperson Dick offers to sell Ernie, who is twenty 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:

a. Dick intentionally deceived Ernie.

b. Dick misrepresented material facts

c. Ernie is under twenty-one.

d. Ernie justifiably relied on Dick's misrepresentations

c. Ernie is under twenty-one.

Property Management, Inc. (PMI), presents a standard-form lease for an apartment to Quentin for a low price. PM 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 ground of:

a. economic duress

b. undue influence

c. Unconscionability

d. mistake.

c. Unconscionability

Luca and Vito approach Moe and ask him to sign an agreement wherein he releases Johnny from obligations arising from a prior contract between Me 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:

a. Duress

b. Fraud

c. Undue Influence

d. Economic Duress

a. Duress

Rory questions whether there is consideration for his contract with Silver Spurs Club to exchange his performance of country music on certain dates for Silver's payment of a certain amount. To constitute consideration, the value of whatever is exchanged must be:

a. objectively worthy

b. precisely adequate

c. legally sufficient

d. practically sound

c. legally sufficient

In selling 300 acres of rural land to Organic Farms, Peyton tells the buyer that the land "will be worth twice as much by next year." This is:
a. Opinion
b. Fraud
c. Mistake
d. adhesion

a. Opinion

Green River Gas Company offers to sell Far East Energy, Ltd., a certain quantity of liquefied natural gas. If Far East sends an acceptance via Green River's authorized mode of communication, it will be effective when it is
a. in transit.
b. Sent.
c. Received.
d. written.

b. Sent.

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

True

On Monday, Neil tells Outdoor Landscaping Inc. that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when outdoor is more than half done with the work, Neil says that he has changed his mind. These parties have:

a. bilateral contract

b. a unilateral contract as soon as outdoor began performance

c. a unilateral contract as soon as outdoor substantially performed

c. a unilateral contract as soon as outdoor substantially performed

Cases decided in other jurisdictions are considered
a. binding precedent
b. mandatory authority
c. persuasive authority
d. binding authority

c. persuasive authority

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 appeal next to

a. the American Arbitration Association.

b. the North Dakota Supreme Court.

c. the United States Supreme court.

d. the U.S. Court of Appeals for the Eighth Circuit.

b. the North Dakota Supreme Court.

44. During the trial phase of So Drink Corporation's suit against TimeOut Stores, Inc., their attorneys engage in voir dire. This is
a. an assessment of the arguments on the issues.
b. the determination of the issues to be argued.
c. the testimony by a party to the lawsuit or by any witness, recorded by an authorized court official.
d. the selection of jurors.

d. the selection of jurors.

When a judge applies common law rules, rules develop from decisions of the courts in legal disputes:

Case law

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

a. an express contract.

b. an implied contract.

c. a quasi contract.

d no contract

b. an implied contract.

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

a. liable to Niki under the concept of rescission and new contract.

b. liable to Niki under the doctrine of promissory estoppel.

c. liable to Niki under the preexisting duty rule.

d. not liable to Niki.

b. liable to Niki under the doctrine of promissory estoppel.

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

a. undue influence

b. Fraud.

c. Mistake.

d. unconscionability.

b. Fraud.

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

a. does not affect the offer.

b. shortens the time of the offer but does not terminate it.

c. extends the time of the offer.

d. terminates the offer.

d. terminates the offer.

(T/F) The first requirement for an effective offer is a serious intent on the part of the offeror

True