Law and Legal

Created by amo69949 

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The law establishes rights, duties, and privileges consistent with the values of society

True

A federal law that conflicts with the U.S. Constitution may be deemed constitutional

False

The common law governs all areas not covered by statutory or administrative law

True

Equity is a branch of unwritten law that seeks to award damages in most cases

False

Federal courts are superior to state courts

False

Generally, appellate courts review trial court rulings for errors of law

True

Where the plaintiff and the defendant are residents of the same states, a dispute between them may be heard in federal court on the basis of diversity of citizenship

False

The plaintiff must establish she has a stake in the outcome of the litigation to maintain a lawsuit

True

Modern courts are courts either of law or of equity

False

A motion for summary judgment is an attempt to resolve a legal dispute short of going to trial

True

The United States Supreme Court cannot hold acts of Congress unconstitutional

False

When state regulations impinge on interstate commerce, commerce must yield to the regulations

False

The Bill of Rights protects individuals against various types of interference by the federal government

True

An enforceable, intervening event (such as criminal conduct by a third party) can break the connection between a wrongful act and an injury to another

True

An assumption of the risk of defense requires only that plaintiff have knowledge of the risk

False

To avoid liability for negligence, a business owner must protect his/her patrons against foreseeable risks

True

The extreme risk of an activity is a primary basis for imposing strict liability

True

Keeping dangerous animals is not a strict liability activity

False

A crime punishable by imprisonment in a federal or state penitentiary for any period of time is a misdemeanor

False

Larceny may be distinguished from robbery by the fact that larceny relies on stealth while robbery relies on fear and force

True

It is a sufficient defense to a charge of embezzlement that the embezzler intended to return the embezzled property eventually

False

A contract is an agreement that can be enforced in court

True

The doctrine of quasi contract is used only when there is an actual contract that covers the area in controversy

False

To exercise power of acceptance, the offeree must accept unequivocally

True

A counteroffer does not terminate but continues and offer

False

Consideration is the value given in return for a promise

True

Consideration need not be given as part of a bargained-for exchange to create an enforceable contract

False

A right to receive income can be assigned

True

Generally, a party may not delegate his or her duty under a contract

False

The U.S. Supreme Court may not declare an order of Executive unconstitutional

False

Our Federal form of government is one in which sovereign power is shared between the Federal government and the Several States

True

International law is the law of a particular nation and varies from nation to nation

False

A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional

True

Any and all Federal courts may review the decisions of any and all State courts on matters of State statutory and/or constitutional law

False

The jurisdiction of State courts of appeal is limited to hearing appeals from State trial courts

True

The U.S. Constitution provides for three co-equal branches of government

True

Business entities enjoy all the same rights of free speech, as do private individuals

False

The federal trial court is the U.S. District Court

True

The Bill of Rights confers absolute rights, not subject to interpretation by the U.S. Supreme Court

False

To have standing to sue, a party must have suffered an actual injury or be threatened with imminent injury caused by the action about which the party complains

True

A Legal Realist believes the law must evolve to reflect changes in society

True

A Legal Positivist believes the only rights citizens have come from the government

True

After a verdict have been rendered in a case, neither party may file an appeal

False

Theoretically, an activity having a substantial effect on interstate commerce in the aggregate may be regulated by Commerce under the Taxing and Spending Clause

False

Under the Commerce Clause, Congress has the authority to regulate commerce between the United States and France

True

Diversity of citizenship may be used by State trial courts to exercise in personam jurisdiction over an out-of-state defendant

False

An out-of-state business concern which advertises in a national magazine known to reach Ohio, but which conducts no business in Ohio, may be required to defend a lawsuit filed in Ohio as a result of alleged injury caused by its product legally brought to Ohio by an Ohio purchaser

True

Where a question of federal or U.S. Constitutional law is involved, a lawsuit may be filed only in Federal court

False

The federal equivalent of a state trial court is a U.S. court of appeals

False

The Answer is the document filed by the Plaintiff in order to initiate a lawsuit and sets forth the Plaintiff's legal theory for relief

False

A decision on a given issue by a court is not binding authority on an inferior court

False

A natural law philosopher believes the law should reflect universal moral and ethic principles that are part of human nature

True

Equity is a branch of unwritten law that seeks to award damages in most cases

False

A later-enacted State statute supersedes or displaces any and all existing conflicting Federal Statutes

False

The extreme risk of an activity is not a primary basis for imposing strict liability on an alleged tortfeasor

False

An assumption-of-risk defense requires only that there be knowledge of the risk

False

Normally, a court will not question the adequacy of consideration if the consideration is legally sufficient

True

Strict liability is liability without fault

True

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

False

Parties cannot form a contract without putting the terms in writing

False

To exercise the power of acceptance, the offeree must accept unequivocally

True

In forming a bilateral contract, one party may be bound while the other is not

False

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

True

A reasonable person standard determines whether an offeror's "offer" represents a serious intention to enter into a contract

True

An offer does not need to be communicated to the offeree to be effective

False

A valid contract may have an illegal purpose

False

A plaintiff cannot succeed in a lawsuit for negligence against a manufacturer unless the plaintiff bought the defective good from the manufacturer

False

A contract lacking reasonably definite terms may not be enforceable

True

In an auction with reserve, the seller cannot withdraw the goods before the auctioneer closes the sale by announcement or by the fall of the hammer

False

An oral contract including all the of the essential terms is an express contract

True

An offeror's subjective beliefs or assumptions determine his or her intent to enter into a contract

False

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

True

A promise to do what one already has a legal duty to do is not consideration

True

If all the terms of a contract have been fully performed, the contract is an executed contract

True

An unforeseen intervening event can break the connection between a wrongful act and an injury to another

True

A crime punishable by imprisonment in a federal or state penitentiary for any period of time is a misdemeanor

False

Generally, offers may be revoked before they are accepted

True

An unenforceable contract is one that cannot be enforced because of certain legal defenses against it

True

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

True

If a price quotation contains a mistake in the adding of a number of figures, the contract may not be enforceable

True

An adult may disaffirm a contract entered into with a minor

False

Inadequate consideration may indicate fraud, duress, or undue influence

True

A contract entered into under undue influence is voidable

True

Concurrent conditions occur only when the parties to a contract are required to perform their respective duties simultaneously

True

A party's oral agreement to pay another's debt is enforceable under any circumstances

False

Reliance on a non-expert's statement of opinion will not normally entitle a party to relief for fraudulent misrepresentation

True

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

False

An oral contract within the Statute of Frauds is enforceable only if the party against whom enforcement is sought admits to it in court

False

A condition precedent must be met before a party's performance can be required

True

Two parties can mutually agree to rescind a contract unless it is executory

False

A minor's failure to perform an executory contract within a reasonable time after reaching the age of majority implies disaffirmance

True

Performance that provides a party with the essential benefits of a contract, in spite of any deviation from the terms, if substantial performance

True

To serve as a basis for an action for fraudulent misrepresentation, a misleading statement must be consciously false

True

Evidence of prior negotiations over a contract can be introduced in court only if that evidence contradicts the contract's written terms

False

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

False

A party's refusal to perform an executory contract is anticipatory repudiation

True

Extraordinary difficulties that were unforeseen at the time a contract was formed do not justify a demand for additional compensation

False

A promise by one party to pay another to refrain from an act is enforceable

True

A prenuptial agreement does not have to be in writing to be enforceable

False

An innocent party is discharged when the other party alters a written contract without consent

True

A contract entered into under duress is enforceable

False

A promise to pay for an act that has already occurred in enforceable

False

A promise to do what one already has a legal duty to do is not consideration

True

Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another

True

Under the Commerce Clause, Congress does not have the authority to regulate commerce between the United States and France

False

An offensive touching would be offensive to any person

False

A defendant may remove any case from State court to the U.S. District Court

False

A battery occurs only if the victim suffers actual physical harm caused by the intentional conduct of another

False

As a legal theory, intentional infliction of emotional distress no longer requires that the plaintiff also have a physical injury along with the emotional distress

True

Only a statement made after a contract is entered into can be an express warranty

False

The Federal Trade Commission enforces the Magnuson-Moss Warranty Act

False

Privity of contract between the plaintiff and the defendant is required to bring a lawsuit based upon product liability

False

Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990

False

All unemployed workers are eligible for unemployment compensation

False

Promises of fact made during the bargaining process are not express warranties

False

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against individuals twenty-one years of age and older

False

A contract can contain both an implied warranty and an express warranty

True

An implied warranty of merchantability arises in every sale of lease by a merchant who deals in goods of the kind sold or leased

True

An employee may file an action for wrongful discharge against an employer who discharges the employee in violation of an employment contract

True

Offers may be revoked before they are accepted

True

To fulfill a personal service contract, the performance must personally satisfy the party to whom the performance is owed

True

A covenant not to compete that is part of an employment contract will generally be struck down

False

A contract with an unlicensed professional is always enforceable to some extent

False

A legal guardian can enter into legally binding contracts on behalf of a mentally incompetent person

True

An exculpatory clause in an employment contract is always enforceable

True

To Pete, the written law of a particular society at a particular time is most significant. Pete is

a legal rationalist

Georgina enacts a state law that violates the U.S. Constitution. This law

cannot be enforced

Areas of the law not governed by statutory or administrative law are

governed by common law

Gail is a resident of New Hampshire. In Vermont, Gail enters into a contract with Heather, a resident of Vermont. When Gail breaches the contract, Heather files a suit against Gail in Vermont to recover damages resulting from Gail's conduct. Heather is asking the court for a

legal remedy

Home Appliances, Inc., a Texas company, files a suit against Retail Sales Corporation, a Pennsylvania company, over a contract between them in Texas. If the contract was negotiated and signed in Pennsylvania, to reach its decision on Home's cause of action, the Texas court would likely apply

the substantive laws of Pennsylvania

The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in

whether a case is being heard for the first time

Carol files a suit against Delta Corporation. Delta responds it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to the facts. Delta supports this response with witnesses' sworn statements. This is

a motion for summary judgment

Leo, a resident of Missouri, owns a warehouse in Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files s suit against Leo in Nebraska. Regarding this suit, Nebraska has

in rem jurisdiction

Adam files a suit against Beta Products, Inc. Beta responds that even if Adam's statement of the facts is true, according to the law Beta is not liable. This is

a motion to dismiss

Ron, the president of Standard Business Corporation, claims that an action by the state of Texas infringes on rights guaranteed by the Bill of Rights. Most of these rights apply to the states under

the equal protection clause of the Fourteenth Amendment

Cordial Drinks, Inc., markets alcoholic beverages. A federal regulation bans the disclosure of the alcohol content of liquor on Cordial's labels and those of other marketers. A court would likely hold this regulation to be

an unconstitutional restriction of speech

Eve, an architect, hires Frank, an accountant, to handle her accounts. Dissatisfied with Frank's work, Eve sues him, alleging negligence. Frank may successfully defend against the law suit by proving he

did not injure Eve in any way

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

normally associated with this event

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

whether or not its crew was at fault

Tippi keeps retired big cats, such as tigers and lions, on her farm as a preserve for the animals. Visitors are warned: never turn your back to one of these cats. A woman is mauled by one of the cats when she turned to face one cat, exposing her back to another. Tippi is

liable even though she warned her visitors about the danger

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

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

Beth, an employee of City Bank, is charged with embezzlement, which requires

fraudulently appropriating another's property

Adam and Beth make promises to each other. Contract law shows to what extent society allows people to make promises that are enforceable

legal duties

Mona asserts that a contract she entered into with Nate is unenforceable. Defenses to the enforcement of a contract include

the lack of a party's genuine assent

Consumer Sales, Inc. (CSI), send its catalogue to Dean and includes a "personalized" letter inviting him to buy any item in the catalogue at the advertised price. This is

not an offer

Jill tells Ken, who has no knowledge of literary comedy, that she will tutor him in the subject for $50.00. As an offer, this is

effective

Mary promises to pay her assistant Ned $10,000 in consideration of the services he has provided over the years. Mary never pays Ned. Mary is

not liable, because the consideration is in the past

Paul offers Rita $1,000 for her $5,000 computer. Rita knowingly and voluntarily agrees to the offer but later sues Paul. A court would likely

not question the adequacy of the consideration Paul gave Rita

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