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A contract is an agreement that can be enforced in court.

TRUE

There are no exceptions to the rules that contracts voluntarily entered into will be enforced.

FALSE
ex) duress, fraud

An agreement includes an offer and acceptance.

TRUE

Parties cannot form a contract without putting the terms in writing.

FALSE

An advertisement is generally an invitation to negotiate.

TRUE

A counteroffer terminates an offer.

TRUE

If no time for acceptance is specifies in an offer, the offer terminates at the end of a reasonable time.

TRUE

Under the mailbox rule, an acceptance can be valid as soon as it is sent.

TRUE

Inadequate consideration may indicate fraud, duress, or undue influence.

TRUE

Two parties can mutually agree to rescind a contract.

TRUE

Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have

an express contract

Employment Sources Inc. enters into a contract with Fred. If Fred is a minor, this contract is most likely

voidable

Ann promises to buy a house from Ben, who promises to vacate the property on July 1. If these promises are in writing, they are most likely

enforceable

Curt promises to buy illegal copies of CDs and DVDs from Donna, who promises to deliver on May 1. These promises are most likely

void

Delta Electronics Inc. makes an offer to the owners of Eagle Computer Corporation to buy the entire company. The power to revoke the offer rests with

??????

Ann offers to buy a laser printer, with a case of paper and an extra cartridge from Best Office Products for $200. Curt, Best's representative says "OK, but no paper and no extra cartridge." Curt has

rejected the offer and made a counteroffer

Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, "The price is too high. I will offer to buy it for $90,000." Dina has

rejected the offer and made a counteroffer

Ace Sales Corporation plans to move to a new office. Ace offers to sell its office furniture to Beta Marketing Inc. but does not specify a time for Beta to respond. The offer expires

after a reasonable period of time

Alpha Inc. defends against a breach of contract suit by Beta Corporation by claiming that the consideration for their contract was inadequate. A court will not normally evaluate the adequacy of consideration unless it is

grossly inadequate

Kay contracts to sell her RV to Larry. Larry builds a structure behind his house in which to keep the RV. Kay's later attempt to cancel the contract is

not effective because Larry has detrimentally relied on Kay's offer

A minor can disaffirm a contract only after reaching the age of majority.

FALSE

If a minor disaffirms a contract, he or she must disaffirm the entire contract.

TRUE

A person who enters into a contract when he or she is intoxicated can void the contract if he or she did not comprehend the legal consequences.

TRUE

A legal guardian cannot enter into legally binding contracts on behalf of a mentally incompetent person.

FALSE

A contract that calls for the performance of an illegal act is not enforceable.

TRUE

A covenant not to compete is never enforceable.

FALSE

When both parties are mistaken as to the same material fact, neither party can rescind the contract.

FALSE

An innocent party may enforce a fraudulent contract.

TRUE

To recover damages for fraud, a plaintiff must prove an injury.

TRUE

A contract that by its own terms cannot be performed within a year must be in writing to be enforceable.

TRUE

Betty, a minor, signs a contract to buy and SUV by misrepresenting her age to be 21. In most states, Betty may

disaffirm the contract only if she returns the SUV in original condition

Ruth, a minor, charges groceries at Sam's Mart. Two days later, Ruth disaffirms the purchase. Ruth owes Sam's Mart

the reasonable value of the groceries

A court adjudicates Holly mentally incompetent and appoints a guardian. Holly subsequently signs a contract to sell her house. The contract is

void

Dave signs a contract with Ellen to kill Frank. Ellen pays Dave but he refuses to perform. Ellen can

not enforce the contract (illegal)

Joy and Karl contract for the sale of Joy's prize-winning show dog for $1,000. Unknown to either party, the dog has died. Karl is

not required to pay due to the mutual/bilateral mistake

In selling networking software to Wide World Sales Corporation, Beth tells Wide World's purchasing agent that the software is "excellent". This is

puffery

Deb and Eve sign a written contract. Deb claims that the parties later orally agreed to modify the contract. Any oral modification is likely

not enforceable

Mike and National Computer Service enter into an oral contract under which Mike agrees to program computers for NCS for 2 years. This contract is

not enforceable

Management Associates Corporation wants to sell its office building and furnishings to National Properties Inc. A writing is not required for

the sale of an office chair, valued at $50, to NPI

Alan and Britney enter into an agreement. Alan lists the terms on a sheet of paper that includes his business logo and address and signs it. Britney does not sign the paper. This agreement is enforceable by

Britney only

The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime.

FALSE

Only the government prosecutes criminal defendants.

TRUE

Law enforcement officials are required to advise suspects of their constitutional rights before beginning any interrogation.

TRUE

Breaking and entering into the dwelling of another with the intent to commit a felony is burglary.

TRUE

Obtaining another person's phone card number so that it may be used to make unauthorized long-distance calls is theft.

TRUE

A bribe must consist of money to be a crime.

FALSE

Forfeiture of a business interest and dissolution of a business are possible penalties under RICO.

TRUE

In most courts, a person is not responsible for a criminal act if, as a result of a mental defect, he or she lacked substantial capacity to appreciate the wrongfulness of the act.

TRUE

Most crimes must be prosecuted within a certain number of years.

TRUE

Evidence obtained in violation of the Fourth, Fifth, and Sixth Amendments is normally excluded from a criminal trial.

TRUE

Gail is a private lender who is charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is

beyond a reasonable doubt

Earl, driving while intoxicated, causes a car accident that results in the death of Frank. earl is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for more than

one year

Adam is charged with the commission of a crime. To find criminal liability, most crimes require

a specified state of mind and the performance of a prohibited act

Ira signs Jill's name, without her authorization, to the back of a check made out to her. This is

forgery

Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease of defect, Evan lacked substantial capacity to

appreciate the wrongfulness of his conduct and obey the law

Barb allows Candy to enter Barb's warehouse and take a DVD player. Charged with theft, Candy can successfully claim, as a defense,

consent

Diane points a gun at Edie, threatening to shoot her unless she takes a certain file from great Pharmaceutical Corporation. Charged with theft, Edie can successfully claim as a defense,

duress

Helen points a gun at Irma, threatening to shoot her. Irma hits Helen, causing her death. Charged with homicide, Irma can most likely successfully claim as a defense,

self-defense

Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense

Mary must not have been predisposed to commit the crime, Nick must have pressured Mary into committing the crime, and Nick must have suggested that the crime be committed.

Alan, the president of Beta Investments, and Colin, Beta's accountant, are charged with a crime, after the police search Beta's offices. Under the exclusionary rule

illegally obtained evidence must be excluded from a trial

Tort law provides legal remedies for both personal injury and property damage.

TRUE

An assault may be committed when a person acts in a way so as to create an apprehension of offensive contact in the distant future.

FALSE
-true if it said NEAR future

A store manger may delay a suspected shoplifter if the manager has probable cause to justify delaying the suspect.

TRUE

Normally, fraud can occur only when there is reliance on a statement of fact.

TRUE

If it can be shown that a trespass to personal property was warranted, a complete defense exists.

TRUE

A reasonable person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

TRUE

The plaintiff has the burden of establishing beyond a reasonable doubt that a tort has occurred.

FALSE

Beyond a Reasonable Doubt

Criminal Law

Preponderance of the Evidence

Civil Law

For the purpose of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act.

FALSE

Under the doctrine of comparative negligence, both the plaintiffs and the defendants negligence are taken into consideration.

TRUE

Strict liability is liability without fault.

TRUE

Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury

if Bob intended to push Carol

Kate believes that George is about to hit her. To prevent harmful contact in dangerous situations, a person may use

force that is reasonably necessary

Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory

because a third party heard it

Todd files a suit against United Media Corporation for defamation. Actual malice must be shown for recovery of damages if Todd is

a public figure

Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she

represents as a fact something that she knows is untrue

Multiple Dwellings Corporation owns an apartment building. MDC must use reasonable care to ensure that its tenants are not injured

in common areas

Dependable Appliances must use reasonable care on its premises to warn its patrons of

hidden risks

Opal enters the Powerball Triathlon, an athletic competition. Regarding the risk of injury, Opal assumes those risks

normally associated with this event

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's park fails to maintain its equipment as required. Kathy, a patron, is injured thereby. Jack has committed

negligence per se

D-Struct is a demolition firm. During an operation Earl a passerby, is injured. Under the theory of strict liability, D-Struct is liable

whether or not its crew was at fault

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