LB 80949

subject Type Homework Help
subject Pages 35
subject Words 7637
subject Authors Daniel Herron, Linda Barkacs, Lucien Dhooge, M. Neil Browne, Nancy Kubasek

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page-pf1
A payee may not be a holder in due course.
Under the Telephone Consumer Protection Act, it is illegal to transmit advertisements
via fax unless the recipient agrees to the fax transmission.
In a liquidated debt, the parties dispute the amount of money owed.
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The requirements of a valid acceptance parallel the requirements for a valid offer.
In U.S. law, corporations are legal entities and have rights under the Constitution.
The concept of at-will employment is a relatively new concept, created in the 1950's.
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Prenuptial agreements fall within the types of agreements of the statute of frauds.
An individual can file a criminal law suit.
State incorporation statutes do not require corporations to indicate in the name of the
corporation.
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A dissolution of a corporation must be voluntary.
Promissory estoppel is the legal enforcement of an otherwise unenforceable contract
due to a party's detrimental reliance on the contract.
Employees as well as management are stakeholders of a business.
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Receiving an instrument as a gift satisfies the holder in due course requirement of
taking an instrument for value.
To invoke the implied warranty of merchantability, the purchaser or lessee must have
purchased or leased the good from a merchant.
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When an employer could fire a worker for no reason, it is considered at-will
employment.
The Uniform Commercial Code is federal law that was created by Congress.
A legal entity formed by issuing stock to investors, who are the owners is a limited
partnership.
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In a chain-style business operation, the franchisor provides the franchisee with the
formula or necessary ingredient to manufacture a product.
If an appellate judge agrees with the majority's decision but for different reasons, the
judge may write a "concurring" opinion.
An offeror can revoke the offer at any time.
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Under UCC Section 3-104, money orders are considered checks.
The Securities and Exchange Commission was created by the Securities Act of 1933.
The two primary sources of contract law are the Uniform Commercial Code and
Restatement of Contracts.
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A bilateral contract is a promise exchanged for an act.
Accord and satisfaction is used when one of the parties wants to substitute a difference
performance for his original duty under the contract.
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A book is typically considered intellectual property.
Good Samaritan statutes impose liability upon people for refusing to stop at accident
scenes.
If a buyer purchases chattel paper in the ordinary course of business and is unaware of
any applicable security interest, the buyer can obtain the good free of any security
interest.
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Under FTC regulations, to ensure that complaints do not abuse its status, a subsequent
holder of a contract will have the rights of a holder in due course.
An obligor is the party who agreed to receive something from another party.
Specific performance is the same relief sought as a reformation.
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Under strict liability, liability may be imposed without the finding of negligence.
A business decision can be legal but unethical.
Copyright is the protection of the expression of a fixed form that expresses ideas.
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A negotiable instrument must be a conditional order to pay.
The UCC pertains to all business transactions.
The customer cannot order a stop payment on an electronic fund transfer.
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An example of tangible property is
A. Furniture and cars
B. Furniture but not cars
C. Bank accounts
D. Bank accounts and stocks
E. Stocks and insurance policies
Under the UCC Sections 2-613 and 2A-221, if goods are identified at the time the
parties entered into a contract and these goods are destroyed, through no fault of the
parties before risk passes to the buyer, which of the following is true?
A. The parties are excused from performance.
B. The seller has 7 days in which to cure.
C. The seller has 10 days in which to cure.
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D. The seller has 30 days in which to cure.
E. The seller has 45 days in which to cure.
Cause in fact is also known as _________.
A. proximate cause
B. legal cause
C. actual cause
D. nominal cause
E. no cause
Jane operates a home decorations shop selling slightly used goods. She bought a
painting from Sally for the shop. Bob came into the shop and asked if the painting was
by Bill, a local artist of some repute. Jane, without checking with Sally, says, "I'm sure
it is" because she really did think it looked like one of Bill's paintings. Bob bought the
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painting. A week or so later, he took the painting by Bill's studio. Bill just laughed and
said that he never painted anything that horrible. Bob took the painting back to Jane and
asked for a refund. Jane refused on the basis that she never gave refunds and that Bob
took the risk that the painting was not done by Bill. Should Bob sue in small claims
court, who will likely win and why?
A. Bob on the basis of negligent misrepresentation.
B. Bob on the basis of innocent misrepresentation.
C. Bob on the basis of unilateral mistake.
D. Jane on the basis that Bob accepted the risk of loss.
E. Jane both on the basis that Bob accepted the risk of loss and on the basis that he
agreed by verbal contract to purchase the painting.
Which of the following was the result on appeal in Polkey v. Transtrecs Corp., the case
in the text in which the employee sued after being fired for refusing to take a polygraph
test?
A. That the employee had no cause of action under the Employee Polygraph Protection
Act because of the employment-at-will doctrine and that the Employee Polygraph
Protection Act only applied to federal government employees and members of
Congress.
B. That the employee could not prevail under the Employee Polygraph Protection Act
because her employer contracted with the government, and national security was
involved.
C. That the employee could not prevail under the Employee Polygraph Protection Act
because the employer instituted polygraph testing as part of an ongoing investigation.
D. Both that the employee could not prevail under the Employee Polygraph Protection
Act because her employer instituted polygraph testing as part of an ongoing
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investigation and also because of national security issues involved with the employer's
contract with the government.
E. That the employee could prevail under the Employee Polygraph Protection Act.
Actus reus is Latin for:
A. wrongful behavior.
B. wrongful state of mind.
C. liability without fault.
D. beyond a reasonable doubt.
E. petty offenses.
A(n) ______ beneficiary is one who unintentionally gains a benefit from a contract
between other parties.
A. incidental
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B. creditor
C. donee
D. vested
E. accidental
A(n) _____ occurs when a former minor does not specifically state that he affirms a
contract entered into as a minor but takes some action that is consistent with intent to
ratify the contract.
A. implied ratification
B. express ratification
C. express novation
D. implied novation
E. disaffirmance
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Parties can submit their cases to arbitration:
A. Voluntarily.
B. To appeal a lower court's ruling.
C. Through a binding agreement by the parties.
D. If there is diversity between the parties.
E. Voluntarily or through a binding agreement.
Persons who are not employees but who are hired by employers to perform certain
tasks, are known as _____________________.
A. employee agents
B. independent contractors
C. independent agents
D. principle agents
E. task-specific agents
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Used Car Problems. Marcy purchased a used car from ABC Motors. Six months later
the police seized the car from Marcy on the basis that it was a stolen vehicle. Marcy
asked for her money back from ABC Motors. The manager there told her that the car
was not stolen; that even if it were stolen, ABC Motors acted in good faith with no
knowledge of a theft; and that, therefore, no refund was legally required. ABC Motors
had also sold a used car to Frank who wrote a bad check for the car and left town but
not before he sold the car to Betty who paid a fair price for the car believing that Frank
had all rights to sell it. ABC Motors asked Betty to return the car, but she told ABC to
forget it. Assuming that the thief who stole the car sold and delivered it to ABC Motors
without the knowledge of any representative of ABC Motors of the theft, what kind of
title did ABC Motors have?
A. Void
B. Valid
C. Voidable so long as ABC Motors can prove that it had never been charged with
dealing in stolen merchandise
D. Voidable so long as ABC Motors can prove that none of its representatives were
negligent in disregarding evidence of the theft at any time prior to its resale to Marcy
E. Voidable so long as no manager of ABC Motors had made an affirmative
representation that the car was not stolen
Bank Robbery. Victor robbed Safe Bank of a significant sum of cash. Safe Bank offered
a reward of $10,000 for anyone who captured or provided information leading to the
capture of Victor. Ted, a police officer in town, promised Safe Bank officials that he
would apprehend Victor. While on duty, Ted arrested Victor at a hamburger joint in
town. He found Victor based upon a hunch he had after Ursula, who dated Victor, told
him about various places Victor enjoyed eating. The bank refuses to pay either Ursula
or Ted any of the reward money. In a lawsuit between the bank and Ted, regarding the
reward funds, who is likely to prevail and why?
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A. The bank is likely to prevail because Ted only provided past consideration.
B. The bank is likely to prevail because Ted had a preexisting duty to catch Victor.
C. The bank is likely to prevail because Ted's promise to catch Victor was illusory.
D. Ted is likely to prevail because his promise to catch Victor resulted in a binding
bilateral contract.
E. Ted is likely to prevail because an enforceable unilateral contract exists based on his
performance.
What is a provision in a contract mandating that all disputes arising under the contract
be settled by arbitration called?
A. A binding arbitration clause
B. A submission agreement
C. A suggested arbitration section
D. A nonbinding ADR section
E. A binding mediatory clause
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Masked Bandit. Barry, who owned a small convenience store, was robbed when a
masked bandit entered his store and demanded his cash while pointing a gun at him. As
the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg.
When the police arrived, Barry was arrested along with the thief. Barry claimed that no
charges should be brought against him because his action in shooting the robber was
justified. The police also searched the convenience store and found evidence of illegal
drugs for which Barry was arrested. When Barry complained about the search, the
officer in charge told him that since the state police were involved, federal
constitutional rights were waived. Barry is attempting to obtain legal representation in
an attempt to get out of jail, but cannot afford a lawyer because he just spent all his
funds buying the illegal drugs for resale that have now been confiscated by the police.
Sam, another inmate, asks Barry if the officers explained his rights to him; but Barry
only recalls being arrested, hustled into the police cruiser, and whisked off to jail.
Which of the following is true regarding Barry's claim that he was engaged in a
justifiable use of force?
A. Barry is correct and no charges should be brought against him.
B. Barry is correct only if he can establish that in addition to committing a felony, the
bandit was armed with a deadly weapon.
C. Barry is correct only if he can establish that in addition to committing a
misdemeanor, the bandit was armed with some type of weapon.
D. Barry is incorrect because he did not sustain bodily harm.
E. Barry is incorrect because his use of force was not necessary to prevent death or
great bodily harm to himself or another, or to prevent the imminent commission of a
felony.
Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to trial
for $1,000. The lawsuit is now ______.
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A. ripe
B. moot
C. cased
D. standed
E. remanded
According to the UCC, a financing statement list should include _________.
A. the names and addresses of all parties involved only
B. the names and addresses of all the parties involved and a description of the collateral
only
C. the names and addresses of all the parties involved, a description of the collateral,
and the signature of the debtor
D. the name of the financing bank and the name of the debtor, and a description of the
collateral
E. the name of the financing bank, the signature of the debtor, a description of the
collateral, and details of the loan repayment schedule
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Which of the following is the maximum interest rate?
A. 20%.
B. 15%.
C. 12%.
D. 10%.
E. It varies depending on the state involved.
_________________ is (are) prohibited by the Fair Debt Collection Practices Act.
A. Contacting a debtor at work if the debtor's employer objects
B. Misrepresenting the collection agency as a lawyer or police officer
C. Contacting a debtor who has notified the collection agency that he or she wants no
contact with the agency
D. Contacting a debtor at work if the debtor's employer objects, misrepresenting the
collection agency as a lawyer or police officer, and contacting a debtor who has notified
the collection agency that he or she wants no contact with the agency
E. Contacting a debtor at work if the debtor's employer objects, and misrepresenting the
collection agency as a lawyer or police officer are prohibited; but contacting a debtor
who has notified the collection agency that he or she wants no contact with the agency
is not prohibited
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_____________ primarily governs the internal operations of labor unions.
A. The Taft-Hartley Act
B. The National Labor Relations Board
C. The Fair Labor Standards Act
D. The Wagner Act
E. The Landrum-Griffin Act
At a(n) ______ attorneys examine a witness under oath with a court reporter present.
A. deposition
B. interrogatory
C. inquiry
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D. pre-trial conference
E. pre-trial mediation
When a party's obligations under a contract are terminated, the party is said to be
______.
A. finished
B. terminated
C. completed
D. discharged
E. recoursed
Blow-Up. Jeanie is hauling several containers of gasoline in her vehicle in preparation
for riding her personal watercraft. On the way home, Jeanie stops at the automatic teller
machine at her bank and exits her car. Holly pulls behind her and negligently rear-ends
Jeanie's car. The car explodes and results in the bank building burning to the ground.
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The bank sues Holly for negligence claiming that Holly should have to pay for the
entire bank building. The bank claimed that it should be able to recover under the res
ipsa loquitur doctrine. Which of the following is true regarding whether actual cause
exists in the bank's action against Holly?
A. Actual causation would exist because the bank would not have been damaged if
Holly had fulfilled her duty to drive properly.
B. Actual cause is present because as a matter of policy, it is believed that someone who
rear-ends a vehicle should be responsible for damages.
C. Actual cause is present because Holly was the legal cause of the bank burning.
D. Actual cause is not present because Holly is not the legal cause of the bank burning.
E. Actual cause is not present because Holly is not the proximate cause of the bank
burning.
Which of the following references the clause of the U.S. Constitution that provides that,
"Full Faith and Credit shall be given in each state to the public Acts, Records, and
judicial Proceedings of every other state"?
A. The Full Faith and Credit Clause
B. The Privileges and Immunities Clause
C. The Commerce Clause
D. The Contract Clause
E. The Bill of Rights Clause
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Useless Friend. Charles, who is very gullible, is friend with Bobby. Bobby, who cannot
be trusted, decides to try to bind Charles to a contract in Bobby's favor. Bobby has
Charles sign a contract promising to wash Bobby's car once a week for a month for $80.
The contract incorporated by reference terms on the back. The terms on the back were
in very small print and required Charles for one year to cook dinner for Bobby, do his
laundry, and clean his apartment. Bobby is also very angry with his former girlfriend,
Tessa, and decides to start rumors, that would constitute the tort of defamation, such as
that she has a vile disease, cheated on tests, and stole from friends. Bobby wants to
enlist the help of Charles but knows that Charles would be hesitant to assist in his
endeavors. One evening, however, Charles drank too much beer and was clearly
intoxicated - a fact apparent to Bobby. Bobby had him sign a contract agreeing to
defame Tessa for $50. When he sobers up, Charles tells Bobby that he was drunk and
that he has no intention of defaming Tessa, who also happens to be Charles' new
girlfriend. He also finally takes a look at the contract involving work for Bobby and
tells Bobby that the contract is outrageous and that he has no intentions of going
through with any of it. Which of the following would be a possible defense to the
contract as far as the harsh and lopsided requirements involving chores is concerned?
A. Substantive unconscionability
B. Unclear drafting
C. Procedural unconscionability
D. Outrageous wording
E. Adhesion conscionability
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Which of the following are the two most important primary sources of contract law?
A. Case law and the Restatement of Law.
B. Case law and the Uniform Commercial Code.
C. The Uniform Commercial Code and the Convention on Contracts for International
Sales of Goods.
D. Case law and the Convention on Contracts for International Sales of Goods.
E. The Convention on Contracts for International Sales of Goods and the Restatement
of the Law Second, Contracts.
Which of the following was the result on appeal in Richard D. Kennedy and Sally S.
Kennedy v. Chase Manhattan Bank, U.S.A., N.A., the case in the text involving whether
a bank may obtain an individual's credit report to determine whether to extend credit
after providing a prequalified offer for a credit card?
A. The court ruled in favor of the bank on the basis that the prequalification offer
revealed that credit could be denied if, after the application was returned, the bank
obtained credit reports and determined that the complainants did not meet the bank's
standards.
B. The court ruled in favor of the bank on the basis that banks may obtain credit reports
on any loan applicant.
C. The court ruled in favor of the bank on the basis that while banks may not obtain
credit reports on each and every loan applicant regardless of circumstances, because of
the risk involved, banks may obtain credit reports on any applicant for a credit card.
D. The court ruled in favor of the plaintiff because the bank had extended an
unqualified offer of a preapproved credit card and had no right to do a credit check.
E. The court ruled in favor of the plaintiff because, although the bank had a right to do a
credit check, it had no right to deny the credit card because it was preapproved.
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Which of the following refers to the extent to which, as a matter of policy, a defendant
may be held liable for the consequences of his actions?
A. Proximate cause.
B. Actual cause.
C. Cause in fact.
D. Significant cause.
E. Close cause.
Positive abstractions that capture one's sense of what is good and desirable are:
A. Ethics
B. Social responsibility of business
C. Values
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D. The Golden Rule
E. Stakeholders
Community Fair. Craig and Melinda are searching for a one-time business opportunity
that will enable them to make a sufficient amount of cash to take a really great vacation
to Galapagos. They live in a rather small rural community that has not, to date, had a
community fair. Craig and Melinda decide to sponsor a fair on a weekend in October
and to arrange for exhibits and awards, beauty contests, pie eating contests, food
vendors, and amusement rides. The profit to Craig and Melinda will come from ticket
sales and from charges to food vendors for the privilege of setting up shop. Apart from
some minor skirmishes between Craig and Melinda regarding management rights,
preparations go fairly well. When the weekend of the fair arrives, things initially go
fairly smoothly. Unfortunately, however, one of the beauty contestants slips on the
runway. An argument broke out during the pie eating contests resulting in angry
contestants throwing pies and injuring spectators. Finally, an elderly lady, who was
angry because she did not win the prize for the best honey, jabbed the volunteer judge
with her cane. All injured parties threaten to sue Craig and Melinda. Craig tells Melinda
that she should bear the larger percentage of any damages because the idea for the fair
was initially hers, and she obtained all necessary permits. Melinda, on the other hand,
tells Craig that he should be wholly responsible for any damages because he was put in
charge of all competitions. They can reach no agreement regarding winding up the
project and splitting the meager profits, and angrily go their separate ways with no
resolution. As she is leaving, Melinda shouts to Craig that as her agent he should have
done a better job with security. Which of the following is true regarding any agency
relationships between Craig and Melinda?
A. They were both agents of each other.
B. Neither was the agent of the other.
C. They were agents of each other for contracts only.
D. They were agents of each other for finances only.
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E. They were agents of each other for insurance purposes only.
Which is the most difficult part of establishing the defense of assumption of the risk?
A. Showing that the plaintiff assumed the risk of the actual harm suffered.
B. Showing that the defendant was aware that the plaintiff assumed the risk.
C. Showing that the plaintiff was aware of applicable law.
D. Showing that the plaintiff signed the contract assuming the risk without duress.
E. None of these because assumption of the risk is not a defense.
Cases involving federal criminal law are prosecuted by:
A. State officials
B. Private attorneys
C. The federal government
D. The National Conference of Commissioners
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E. Congress
Under the UCC, a secured party's interest in proceeds lasts for ______ after the debtor
receives the proceeds.
A. 30 days
B. 60 days
C. 1 year
D. 5 days
E. 10 days
Which of the following was the result on appeal in the Case Opener, the case in which
Sara Creek Property Company argued that an award of damages, rather than an
injunction, was the appropriate remedy in response to its alleged breach of contract by
allowing a new pharmacy to move into a shopping mall in competition with
Walgreen's?
A. That specific performance, but not an injunction, was the appropriate remedy.
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B. That an injunction, as well as damages, were appropriate remedies.
C. That damages, rather than an injunction, was the appropriate remedy because
damages could be calculated.
D. That an injunction, rather than damages, was the appropriate remedy.
E. That the contract had not been breached and that neither an injunction nor damages
were appropriate.
Which of the following is true if an owner entrusts the possession of goods to a
merchant who deals in goods of that kind?
A. The merchant can transfer all rights in the goods to a buyer in the ordinary course of
business.
B. The merchant can only transfer voidable title until any funds in the possession of the
merchant are transferred to the owner.
C. The merchant can only transfer void title until the owner approves the sale.
D. The merchant can only transfer temporary title until any funds in the possession of
the merchant are transferred to the owner.
E. The merchant must have any purchaser sign a document acknowledging that the
purchaser will return the goods upon the request of the owner.
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What groups are considered "merchants" under the UCC, and what is the assumption
under the UCC in regard to merchants as compared to ordinary buyers and sellers?
Set forth the five situations under which a buyer gets only voidable title in a sale.
Discuss whether you ethically believe employment-at-will should be retained in the
U.S. and whether you believe laws currently in place excessively restrict employers
insofar as their ability to fire employees is concerned. In your answer specifically
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reference at least three federal laws impacting the employment-at-will doctrine and
whether you believe the laws are needed and appropriate.
Judge Susie Justice, who is newly appointed to the bench, is presented with a question
of law involving a cat named Chester who scratched a neighbor's antique jalopy. The
neighbor, George, demands justice in the form of full payment from Chester's owner,
Bill, and also requests that Chester be shipped to the local animal shelter. Bill says that
he should not have to pay anything because Chester had never scratched before, that
Chester should be allowed to stay in the neighborhood, and that he should be
reimbursed for his legal fees by George who is a grump and never should have brought
the lawsuit. Judge Justice is perplexed and wants to make a good decision since she is
new to the bench. Describe how the judge should go about reaching a decision. Discuss
in your answer the impact of cases from other jurisdictions assuming there is no
relevant law in Judge Justice's jurisdiction. Also, assuming there is relevant law in this
jurisdiction, discuss the applicable legal standard the judge should apply if she finds a
relevant statute that conflicts with earlier case law.
What three criteria must be satisfied in order to obtain a patent that is not a design
patent?
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Explain the function of administrative agencies and why they are needed. List five
independent agencies and five executive agencies.
Assume a jurisdiction has a law that all residential swimming pools must have a fence
that is at least six feet tall surrounding the swimming pool. Cindy has a pool in her
backyard, but just built it a few months ago and has not had the extra money with which
to build the fence. Unfortunately, one of the neighborhood children goes swimming in
the pool and drowns. The parents of the child sue Cindy. Discuss how they would likely
go about proving their case and the elements that would be required.
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According to the text, what are four advantages of ADR over traditional litigation?
When is a strict scrutiny standard used to examine laws, how is this standard applied,
and what presumption do court's apply, if any, in cases involving this standard? Set
forth, with reasons in support, whether or not you believe that the strict scrutiny
standard should be used whenever the state institutes a law distinguishing between
individuals or groups and implicating equal protection issues.
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List the elements the government must prove in order to establish bribery of a public
official under the federal statute criminalizing that offense.
Set forth the requirements for a finding of agency by ratification and also the
requirements needed for ratification to be effective.
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Set forth the rights of appeal a company has if issued a cease-and-desist order by the
Federal Trade Commission.
Discuss the meaning of a void contract and a voidable contract, and the effect of a
determination that a contract is voidable after one party has fully or partially performed.
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Marge ordered for her soccer team t-shirts with the name of the school shown on the
front. The seller requested that Marge come in to inspect the first t-shirt before the
others were made. Marge refused because she was too busy and told the seller to go
ahead and print the shirts. On receipt of the shirts, Marge discovered that the school
name was misspelled. Does Marge have any rights against the seller, and why or why
not?

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