LAW 790 Quiz 3

subject Type Homework Help
subject Pages 8
subject Words 1045
subject Authors Arnold J. Goldman, William D. Sigismond

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The Social Security system is an example of using law to
a. settle disputes.
b. promote worthwhile social objectives.
c. protect property.
d. protect society.
An employer found guilty of violating the Occupational Safety and Health Act may be
a. fined.
b. subject to criminal penalties.
c. neither fined nor subject to criminal penalties.
d. both fined and subject to criminal penalties.
A contract
a. can never be implied from the actions of the parties.
b. must contain consideration.
c. cannot be terminated.
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d. must be in writing
An example of a contract duty that may be delegated to another person is a
a. singer's duty to sing on a TV show.
b. seller's duty to deliver twenty tons of coal at a set price.
c. surgeon's duty to perform a throat operation.
d. painter's duty to paint a portrait.
Four essential elements are necessary to create a valid contract. Which of the following
is not one of these elements?
a. Something of value must be given by each party.
b. The offeror and offeree must reach agreement.
c. The parties have the capacity to contract.
d. The agreement must be in writing.
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A counteroffer
a. has no legal effect.
b. is a valid acceptance.
c. does not reverse the relationship of the parties.
d. is a rejection of the original offer.
A tenancy at will continues until
a. the tenant dies.
b. the tenant becomes bankrupt.
c. the landlord becomes bankrupt.
d. either the landlord or tenant notifies the other that the lease is being terminated.
In which of the following situations does a battery occur?
a. Johnson is tackled during a college football game he is playing in and suffers an
injury to his back.
b. O'Grady is injured by a punch in the nose received by a boxing opponent during a
boxing match.
c. Biggs is hit in the head by a wild pitch and seriously injured while batting in a
hardball game.
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d. Williams is deliberately tripped and seriously injured by an unfriendly movie patron
trying to get ahead of Williams in the ticket line.
The parol evidence rule
a. serves the same purpose as the statute of frauds.
b. applies if all dealings between the parties are oral.
c. allows parties to introduce evidence to change the terms of a written contract.
d. none of these.
An agency by estoppel is created
a. by a written contract.
b. when the principal is a minor.
c. when the principal leads others to believe a person is her or his agent.
d. for one specific purpose.
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Blake worked for the CIA. The CIA passed a law requiring every employee to take a
drug test once a month, and to permit the inspection of all employees' desks once a
week. Can Blake contest the rule as an invasion of his privacy?
The concept of judicial review was established by
a. Congress.
b. the president.
c. the judicial branch of government.
d. English common law.
If an agent commits a crime of which the principal is unaware,
a. the principal can be held liable.
b. the agent can be held liable.
c. both the agent and the principal can be held liable.
d. none of these.
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During a three-day stay at the Empire Hotel, Liz Bailey, a guest, suffered the loss of her
traveling case and a suit from her room. The Empire Hotel will be liable for this loss if
it resulted from
a. theft by a public enemy.
b. Bailey's failure to lock her room.
c. fire caused by lightning.
d. theft by a hotel employee.
Retna purchased a new car from Brandy Motors and agreed to pay for it in monthly
payments over a three-year period. Six months after purchasing the car, Retna ran into
financial difficulties and could not afford to keep the car. She sold the car to Banks,
who agreed to continue making the monthly payments until the car was paid off. If
Banks fails to make payments as agreed, the party responsible for these payments is
a. nobody.
b. Retna.
c. the car manufacturer.
d. Brandy Motors.
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A person hired to add an extra room to your house would be a(n)
a. employee.
b. agent.
c. independent contractor.
d. principal.
Jackson bought a typewriter from Kline for $100. Larson proved that the typewriter was
stolen from him and demanded its return. Must Jackson do so?
The employment process usually begins with the completion of a(n)
____________________.
Ratification of a contract by a minor cannot be implied.
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Books are patented.
Another name for the assignor is the obligor.
Knowles rented an apartment from Minger. Although the lease provided that Minger
was to provide heat, he consistently failed to do so. What are Knowles's rights?

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