Advertisement Upgrade to remove ads

under the fifth amendment there is no circumstance in which a person can be compelled to testify

False

a federal law that conflicts with the US constitution will be deemed unconstitutional

True

In most states, a court can grant legal remedies or equitable remedies but not both at the same time

False

a collective mark is used to distinguish the services of one person or company from those of another

False

A state court can exercise jurisdiction over a nonresident by showing that she had minimum contacts with the state

True

Local governments including cities can exercise police powers

true

trade dress has the same legal protection as trademarks

true

in determining whether copyright protection should be granted, what is copyrightable is the particular way in which an idea is expressed

false

the theft of trade secrets is not a crime unless a contract is breached

false

The US Constitution is the supreme law of the United States

true

A state court can exercise jurisdiction over anyone within the boundaries of the state

true

mandatory arbitration clauses in employment contracts are not enforceable.

false

embezzlement is like robbery in that neither crime requires the use of force or fear.

false

a person may not be responsible for a criminal act if as a result of a mental defect he or she did not appreciate the wrongfulness of the act

true

judges use precedent when deciding a case in a common law legal system

true

rescission is available in cases involving fraud

true

a party seeking to recover compensatory damages may also be entitles to recover incidental damages

true

inadequate consideration may reflect a lack of bargained-for exchange

true

if a contract is illegal, a court will not enforce it

true

an innocent party who has fully performed an illegal contract may sometimes enforce is against a guilty party

true

most contracts are discharged by rescission

false

an offer to form a bilateral contract is accepted by a promise to perform

true

normally, a court of law will not question the adequacy of considerations

true

to be valid, a contract must be enforceable by all of the parties to it

false

the doctrine of quasi contract applies only of there is an actual contract

false

parties with contractual capacity may form an enforceable contract

true

a unilateral contract is formed when the one receiving the offer completes the requested act or performance

true

a lender who makes a loan at a rate below the lawful maximum commits usury

false

a contract is an agreement that be enforced in court

true

to be legally sufficient, consideration must include something of economic value.

false

when no document of title is required and delivery is made without moving the goods, title to identified goods passes when a contract for their sale is made

true

if a seller is a merchant and the goods are not to be moved the risk of loss passes to a buyer on tender of delivery

false

only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product

false

incidental damages include all reasonable expenses incurred because of the breach of contract

true

under the mirror image rule, an offer must be accepted in it entirety without modification or reservation or no contract is formed

true

the duties and obligations of the parties to a contract include those specified by custom

true

a buyer and seller cannot normally have an insurable interest in identical goods at the same time

false

an oral contract may be enforceable under the UCC

true

in a sale or return the seller delivers the goods to the buyer with the understanding that they buyer can set aside the deal by returning the goods

true

a person can be an HDC only by acquiring an instrument with notice of any defect to it

false

the UCC does not impose different standards on merchants than it imposes on consumers

false

a manufacturer may be liable for a failure to exercise due care to any person who sustains an injury caused by a defective product

true

a warranty of title cannot be disclaimed

false

strict product liability is liability without fault

true

merchants are required to warrant that the goods they sell are fit for their ordinary purpose

true

to recover workers' compensation, an employee must prove that an injury was not the fault of the employer

false

an agent must maintain separate accounts for the principal's funds and the agent's personal funds

true

an independent contractor always acts in the capacity of an agent

false

"whistleblower" statues protect employees from being required to work overtimes after the "whistle blows"

false

once formed a corporation cannot be dissolved involuntarily

false

a sole proprietorship automatically dissolves on the death of the owner

true

to bring to action against an employer based on intentional discrimination, a person must show that he or she is a member of the protected class

true

employers who willfully violate safety regulations can be prosecuted under state criminal laws

true

a limited partner who participates in the management of the partnership may be personally liable to the firm's creditors

true

for most purposes, the law recognizes a partnership as an aggregate of its members

false

Generally, there is a uniform body of national corporate law

false

a principal's liability in a contract with a third party may depend on the authority given to the agent to act on behalf of the principal.

true

a limited liability company offers the limited liability of a corporation

true

under the Americans with Disabilities Act of 1990, employers must hire persons with disabilities even if they lack necessary job qualifications

false

even after an agency relationship has terminated, there are circumstances under which a principal may be bound by his or her agent's act.

true

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set