The court will not award recovery on a quasi-contract.
The U.S. Constitution establishes a system of checks and balances, which keep each
branch’s power for dominating the government.
Liquidated damages will be enforced based upon the free-will concept of contracts even
if the liquidated damages amount is unreasonable.
Singapore outlawed the use of electronic contracts.
Article 2 of the UCC governs sales contracts while Article 3 governs lease contracts.
Under the UCC, the seller or lessor must provide an opportunity to the buyer or lessee
for a reasonable inspection before enforcing payment.
According to the UCC, a signature can be any name, word, mark, or symbol used by a
party to authenticate a writing.
Nonresident aliens may not be shareholders of an S corporation.
Administrative agencies are located at the federal level only.
An individual director or officer may not personally benefit from decisions made by the
board of directors.
A ratification must be expressed in order to be legally valid.
The articles of incorporation determine who has the power to amend the corporate
bylaws after the first organizational meeting.
Bankruptcy of either the principal or agent will terminates the agency relationship.
Congress repealed the law prohibiting the sale of highly flammable clothing.
Silence can be an acceptance when the offeree receives the benefits of the offered
services with reasonable opportunity to reject them and knowledge that some form of
compensation is expected, yet remains silent.
A teacher cannot be held liable for copyright infringement under the Fair-Use Doctrine
so long as copies are only used for educational purposes.
An agency relationship can be created only for a lawful purpose.
In rem jurisdiction references jurisdiction over a person subject to an order of
guardianship.
The burden of proof in a civil case is much higher than the burden of proof in a criminal
case.
Two forms of sexual harassment are quid pro quo and creation of a hostile work
environment.
The “for value” requirement of the UCC section 3-302 is the same as taking something
with consideration.
Personal property can be tangible property but not intangible property.
Negligence is an intentional behavior, which creates an unreasonable risk of harm to
others.
A mistake is an erroneous belief about the facts of the contract at the time the contract is
concluded.
A decision of a state appeals court is binding on the trial court located in the same state.
Generally, a unilateral mistake makes a contract void.
Certain problems with the offer of a contract result in the contract being voidable.
An agency coupled with an interest is created for the principal’s benefit.
Under the UCC, all merchants are buyers and sellers.
According to common law, when a seller transfers goods to a buyer, the buyer gets only
voidable title if the buyer is a minor.
Chapter 11 reorganization must be voluntary.
The UCC requires that consideration be provided for the modification of a contract.
In the UCC, if the seller or lessor has delivered the goods to a carrier or bailee, but the
carrier or bailee has not yet turned them over to the buyer it is referred to as “in transit.”
High Maintenance. Paul, who runs a retail jewelry store, went with Jane, to whom he
was engaged to be married, to a wholesale jewelry store. Paul had no express, written
agreement with Jane by which she was his agent. In fact, Paul had told Jane not to buy
anything at the store. The wholesale jeweler, Pam, asked Paul if Jane was buying for
him. Paul did not want to embarrass Jane so he nodded in agreement. A few minutes
later Paul reminded Jane, outside the hearing of the wholesaler, that she should not
make any purchases. Paul and Jane had a big disagreement over money that evening,
and Jane broke off their engagement. The next day Jane went back to the wholesale
jeweler and purchased a string of pearls for $2,000. Jane also purchased a fur jacket for
$3,000 from a store owned by Harry that was next door to the jewelry store. She told
Harry that Paul wanted a fur jacket for a model in his store and that Paul would be glad
to pay Harry for the jacket. What type of agency, if any, did Jane have to act on behalf
of Paul as far as Pam is concerned?
A. No type of agency was in effect because no written agreement was in place by which
Jane was Paul’s agent.
B. No type of agency was in effect because, in fact, Jane was not Paul’s agent.
C. An express agency.
D. An implied agency.
E. An apparent agency.
Which of the following is an ADR method in which a referee is selected and paid by the
disputing parties to offer a legally binding judgment in a dispute?
A. Summary jury trial
B. Minitrial
C. Early neutral case evaluation
D. Private trials
E. Neutral submission
Pet Police. Millie breeds German Shepherd dogs. Bernard, who lives down the street,
took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would
definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely.
Unfortunately, Casanova went to visit Millie’s pure-bred German Shepherd. Puppies
resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started
a campaign to round up all of the stray dogs, including Casanova, and haul them off to
the animal shelter. She picked up a few cats as well. She posted signs all over the
neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her
yard and that she was going to begin shooting the next time, period. Understandably,
Bernard and some of the other neighbors take offense. Bernard comes to Millie’s house
while she is working in the yard. He walks behind her and shoves her. Millie did not see
him coming. Millie turned around and proceeded to have a heated conversation with
Bernard. Millie drew her fist back and told Bernard that she was going to punch him in
the nose. Millie started to punch Bernard but he stepped back, and all she managed to
do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the
street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie’s
hands, pinning Millie’s hands behind her back. Millie’s action in jabbing Bernard after
she missed his nose, constitutes which of the following?
A. Battery.
B. Nothing, because the conduct would not be deemed offensive.
C. Nothing, because she missed the nose and Bernard was not actually hurt.
D. Nothing, because by entering Millie’s yard, Bernard consented to any offensive
touching.
E. Nothing, because Bernard deserved what he got.
The Equal Credit Opportunity Act makes it illegal for creditors to deny credit to
individuals on the basis of ______.
A. race, religion, national origin, color, sex, marital status, or age
B. race, national origin, color, sex, marital status, or age
C. race, religion, national origin, color, sex, or age
D. race, religion, national origin, color, or sex
E. race, religion, color, sex, marital status, or age
Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting.
Phyllis has worked there for a number of years and is considering quitting in order to
spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her
boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has
no entitlement to information until she is at least 60 years old. Phyllis also asks about
retaining her medical insurance protection if she quits and is told that she would have
no right to do so. Bolivar also throws in that he has been monitoring her conversations
and that he particularly enjoys the conversations between her and her single female
friends involving failed dating experiences. He asks her to keep those up. Phyllis tells
him that her personal phone calls are none of his business. Bolivar says that he can
listen if he wants because the phones are his. Phyllis ends up starting her own company
called We Multiply for You, and makes much, much more money. (In answering the
following questions, assume all federal laws apply and that any pension and medical
plan qualifies for regulation under federal law.) Which of the following is true regarding
Bolivar’s statement that Phyllis has no entitlement to information until she is at least 60
years old?
A. He is incorrect, and Phyllis is entitled to a “rights review description.”
B. He is incorrect, and Phyllis is entitled to an “entitlement description.”
C. He is incorrect, and Phyllis is entitled to a ‘summary plan description.”
D. He is incorrect, and Phyllis is entitled to a “plan analysis description.”
E. He is correct.
Nasty Break-Up. Harold wants to purchase a lot next door to Sarah’s home that is
owned by Sarah. Harold knows Sarah will not sell the lot to him because they dated in
the past and had a nasty break-up. Harold agrees with Alice that Alice will purchase the
lot from Sarah for him. Alice and Sarah reach an agreement and enter into a contract
whereby Sarah is to sell the lot to Alice for a price within the scope of Alice’s authority.
Alice tells Sarah nothing about her plan to later transfer the lot to Harold. Before title to
the lot is transferred to Alice, Harold tells Alice that he no longer wants the lot. Alice
tells Sarah about Harold. Sarah tells Alice that as far as she is concerned, Alice has
bought the lot. Sarah says that she plans to move anyway and really does not care
whether Alice or Harold ends up with the lot. She just wants her money. What type of
principal is Harold?
A. Disclosed
B. Undisclosed
C. Partially disclosed
D. Unidentified
E. Legally nonexistent
Which of the following is true regarding the tort of fraudulent misrepresentation?
A. A party who makes fraudulent misrepresentations must intend that other parties rely
upon the misrepresentations.
B. The injured party must have reasonably relied upon the misrepresentations.
C. The inured party must have suffered damages because of reliance upon the
misrepresentations.
D. A party who makes fraudulent misrepresentations must intend that other parties rely
upon the misrepresentations; the injured party must have reasonably relied upon the
misrepresentations; and the inured party must have suffered damages because of
reliance upon the misrepresentations.
E. None of these because there is no tort action for fraudulent misrepresentation;
actions for fraud are encompassed within other tort actions.
Pet Police. Millie breeds German Shepherd dogs. Bernard, who lives down the street,
took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would
definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely.
Unfortunately, Casanova went to visit Millie’s pure-bred German Shepherd. Puppies
resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started
a campaign to round up all of the stray dogs, including Casanova, and haul them off to
the animal shelter. She picked up a few cats as well. She posted signs all over the
neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her
yard and that she was going to begin shooting the next time, period. Understandably,
Bernard and some of the other neighbors take offense. Bernard comes to Millie’s house
while she is working in the yard. He walks behind her and shoves her. Millie did not see
him coming. Millie turned around and proceeded to have a heated conversation with
Bernard. Millie drew her fist back and told Bernard that she was going to punch him in
the nose. Millie started to punch Bernard but he stepped back, and all she managed to
do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the
street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie’s
hands, pinning Millie’s hands behind her back. Which of the following is true regarding
Bernard’s shoving of Millie in the back?
A. By shoving her in the back, Bernard committed a battery.
B. By shoving her in the back, Bernard committed a battery and an assault.
C. By shoving her in the back, Bernard committed an assault.
D. Bernard did not commit any torts because he did not actually harm Millie.
E. Bernard did not commit any torts because he can rely on the self-defense theory
since his pet was threatened.
Which of the following are less serious crimes punishable by fines or imprisonment of
less than one year?
A. Misdemeanor.
B. Felony.
C. Petty offenses.
D. Tort offenses.
E. Any business related crime.
Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy
mowed Betty’s yard for $40 and agreed with Betty that Betty would pay Sam for the
book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also
mowed Bob’s yard for $40 in return for Bob’s agreement to give the payment to Sally
representing Trudy’s birthday present to Sally. Bob later refuses to do so saying that
promises to give gifts are not enforceable. He then moves out of town. Trudy tells both
Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty,
and that Sally is owed $40 from Bob for her birthday present. What type of third-party
beneficiary is Sally?
A. Intended
B. Creditor
C. Both intended and creditor
D. Both intended and donee
E. Both creditor and donee
The party receiving the money from the draft is the ____________________.
A. drawer
B. drawee
C. payee
D. draftor
E. draftee
The party giving the order to pay on a draft is the __________________.
A. drawer
B. drawee
C. payee
D. draftor
E. draftee
The National Labor Relations Board lacks jurisdiction over _______________.
A. employees covered by the Railway Labor Act
B. independent Contractors
C. agricultural workers
D. supervisors
E. All of these
The primary purpose for enactment of the Equal Pay Act is _____________.
A. To eliminate situations in which women, working alongside men or replacing men,
would be paid lower wages for doing substantially the same job.
B. To eliminate situations in which less qualified men were hired as opposed to better
qualified women.
C. To eliminate situations in which women and men were being paid less than deserved
for certain types of work.
D. To eliminate situations in which women, working alongside men or replacing men,
would be paid lower wages for doing substantially the same job; to eliminate situations
in which less qualified men were hired as opposed to better qualified women; and to
eliminate situations in which women and men were being paid less than deserved for
certain types of work.
E. To eliminate situations in which women, working alongside men or replacing men,
would be paid lower wages for doing substantially the same job; to eliminate situations
in which less qualified men were hired as opposed to better qualified women; but not to
eliminate situations in which women and men were being paid less than deserved for
certain types of work.
A document that gives an agent authority to sign legal documents on behalf of the
principal is known as a(n) _________________________________.
A. order of authority
B. power of order
C. legal empowerment
D. power of attorney
E. respondeat superior
Which of the following was the result on appeal in Telekenex IXC Inc. v. Charlotte
Russe Inc., the case in the text in which the defendant claimed that an amendment to a
contract for communication services was unenforceable because it was entered into
based on a threat that the services would be discontinued otherwise?
A. The court found that the defendant had established a prima facie defense of duress
and remanded the case for further proceedings.
B. The court found that the defendant had established a prima facie defense of
misrepresentation and remanded the case for further proceedings.
C. The court found that the defendant had established a prima facie defense of undue
influence and remanded the case for further proceedings.
D. The court found that the defendant was bound to the amendment because no one
forced agreement.
E. The court found that the defendant was bound to the amendment because the
defendant had begun performance under it.
What was the result in the Raffles v. Wichelhaus case in which there were two ships
named Peerless and the parties disagreed over which ship was the subject of the
contract?
A. The court rescinded the contract.
B. The court ruled that the older ship would be identified to the contract.
C. The court ruled that the newer ship would be identified to the contract.
D. The court ruled that the defendant would be allowed to choose which ship would be
identified to the contract.
E. The court ruled that the plaintiff would be allowed to choose which ship would be
identified to the contract.
At what point are assignments valid?
A. Immediately
B. One day after the assignment is made
C. Two days after the assignment is made
D. One day after notice of the assignment is given
E. None of these
The duty of an agent to perform specified duties with reasonable skill and care is a duty
of ___________________________.
A. action
B. contract
C. notification
D. performance
E. obedience
Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is
simply taking money for subscriptions and has absolutely no intention of ever arranging
for the provision of magazines. Which of the following offenses, if any, has he
committed?
A. Defalcation
B. False entry
C. False token
D. False pretense
E. Ponzi scheme
Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy
mowed Betty’s yard for $40 and agreed with Betty that Betty would pay Sam for the
book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also
mowed Bob’s yard for $40 in return for Bob’s agreement to give the payment to Sally
representing Trudy’s birthday present to Sally. Bob later refuses to do so saying that
promises to give gifts are not enforceable. He then moves out of town. Trudy tells both
Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty,
and that Sally is owed $40 from Bob for her birthday present. Which of the following
would be the likely result if Sam sues Trudy for the $40 she owes him for the book?
A. Sam will win because Trudy cannot avoid her obligations through a delegation.
B. Sam will win but only because he was not aware of the assignment.
C. Sam will win but only because the contract was for an amount under $1,000.
D. Sam will win only if Betty cannot be found for service of process.
E. Trudy will win because she delegated the duty of payment to Betty.
The rule enforced by most states that when express authority is granted for an agent to
enter into a contract legally required to be in writing, the grant of authority also must be
in writing is the ______________________.
A. equal dignity rule
B. required writing rule
C. statute of frauds rule
D. matching rule
E. None of these because there is no such rule
Which of the following is true regarding caps on punitive damages in Title VII cases
based on discrimination other than race?
A. Punitive damages are capped at $300,000 for employers of more than 500
employees.
B. Punitive damages are capped at $50,000 for employers of between 100 and 200
employees.
C. Punitive damages are capped at $25,000 for employers of between 25 and 50
employees.
D. Punitive damages are capped at $300,000 for employers of more than 500
employees, at $50,000 for employers of between 100 and 200 employees, and at
$25,000 for employers of between 25 and 50 employees.
E. There is no cap on punitive damages.
Used Car Commission. William promised to sell Helen’s car for her, but he wanted a
commission of 10%. Helen signed an instrument promising to pay William a 10%
commission if he sold her car. William assigned the agreement to Phil. Helen’s car was
sold and the buyer paid Helen. A dispute ensued between Helen and William regarding
whether William found the buyer or the buyer found Helen. When Phil asked Helen for
payment on the instrument, Helen refused. William, Helen, and Phil settled their dispute
without going to court, and Helen wrote Phil a check for $3,000. Phil endorsed the
check on the back planning to take it to the bank the next day. Unfortunately, Phil lost
the check that was found by Barry and cashed by the local bank. Barry then left town.
Which of the following is the most likely result if Phil attempts to require that the bank
reimburse him for the value of the check cashed by Barry?
A. The check was an order instrument, and the bank must take the loss because it
should only have provided funds to Phil.
B. Because the check was an order instrument, the bank was within its rights to pay
Barry because he presented the check; and Phil has no rights against the bank.
C. Because the check was a bearer instrument, the bank must take the loss because it
should only have provided the funds to Phil.
D. Because the check was a bearer instrument, the bank was authorized to pay Barry;
and Phil has no rights against the bank.
E. Regardless of what type of instrument the check was, the bank had no right to cash
the check when presented by Barry unless the bank can establish by a preponderance of
the evidence that Barry misrepresented himself as an agent of Phil.
Real property ownership includes airspace above the land, water rights flowing across
or beneath the land, and ___________________.
A. trees growing next to the land
B. the right to divert the water to deprive landowners downstream from use of the water
C. walkways leading to the land
D. mineral rights under the land
E. roadways providing access to the land
An offer of performance by being ready, willing, and able to perform is known as
______.
A. offering
B. showing
C. tender
D. completer
E. implied acceptance
Under a conditional privilege, a party will not be held liable for defamation unless the
false statement was made __________.
A. with actual malice
B. negligently
C. in print
D. publicly
E. to an employer
Lakeside Property. Ronnie agreed to act as the agent of Sue in finding a piece of
lakeside property for her at a good price and also in obtaining a loan for her with which
to purchase the property. She agreed to pay him $500 for doing so. To assist Ronnie in
his duties, Sue disclosed to Ronnie confidential information about her finances and
debts. Ronnie decided that he needed help and paid Rick $300 to look for property for
Sue. Bruce told Ronnie about a great deal on a piece of lakeside property that Bruce had
for sale. In fact, the deal was so good that Ronnie purchased the property for himself.
When Sue found out about the property Ronnie bought for himself, she complained to
Ronnie. He defended himself on the basis that he was not actually working for Sue
when he found out about the deal. At the time, he was playing golf with Bruce. He also
told Sue that he had hired Rick for $300 to assist him and that he could not be held
liable because he had turned the job over to Rick. He asked Sue for reimbursement of
that amount. Sue fired Ronnie threatening to sue him. Ronnie told Sue that he would
counterclaim for the $300 owed to Rick. Only after he was fired, Ronnie disclosed to a
number of parties information regarding Sue’s spending habits that he thought were
excessive. Which of the following is the most likely result if Sue sues Ronnie for
revealing confidential information?
A. Sue will lose because Ronnie was no longer her agent when he revealed the
information.
B. Sue will lose because regardless of whether he was working for her or not, he had no
legal duty to keep any information confidential.
C. Sue will lose unless she can establish that revealing the information caused her to
suffer economic loss.
D. Sue will lose unless she can establish that revealing the information caused her to
suffer economic loss or to seek psychological counseling.
E. Sue will win.
Courts have defined a pattern of racketeering under RICO as more than _____
action(s).
A. one
B. two
C. three
D. four
E. none of these.
Which of the following results in termination of agency by operation of law?
A. Death of either the principal or the agent.
B. Adjudicated insanity of the principal or agent.
C. Insolvency.
D. Death of either the principal or the agent, adjudicated insanity of the principal or
agent, and insolvency.
E. Death or adjudicated insanity of either the principal or agent, but not insolvency.
Under the UCC, good faith as applied to non-merchants means ______.
A. honesty in fact
B. honesty in law
C. honesty in fact and also reasonable commercial standards of fair dealing
D. honesty in law and also reasonable commercial standards of fair dealing
E. honesty in fact and honesty in law
Skateboard Growth. Both Bernie and John were presidents of small businesses
manufacturing and selling skateboards. Bernie’s store was called “Skateboard City” and
John’s business was called “Skateboard for Health.” Because a large sports store was
coming into town, they, along with the boards of directors decided that it would be a
good idea to combine the businesses. They decided to retain the name “Skateboard for
Health” and simply amend the articles of consolidation. Bernie was concerned,
however, with the change because he was contemplating filing a lawsuit against Hank
who had purchased 10 custom skateboards and had not paid for them. He was excited,
however, about the prospect of not being liable for a lawsuit he expects to be filed by
Greg who fell when a wheel came off on a skateboard sold by Bernie’s corporation
resulting in a serious ankle sprain and medical bills. After investigation, Bernie is aware
that the wheel was negligently attached to the skateboard. Bernie told John that one
reason he wanted to retain John’s name was to prevent Greg from being able to recover
against him. Which of the following is true regarding Bernie’s belief that Greg will be
unable to collect anything for the accident after the joinder of the businesses?
A. Bernie is correct that Greg will be unable to win in litigation against the surviving
company so long as the joinder is completed before Greg files the lawsuit.
B. Bernie is correct that Greg will be unable to win in litigation against the surviving
company regardless of whether the lawsuit occurs before or after the joinder as long as
no judgment is entered prior to the joinder.
C. Bernie is correct that Greg will be unable to sue the surviving company unless Greg
files in court an objection to the joinder and prevails.
D. Bernie is correct that Greg will be unable to win in litigation against the surviving
company unless Greg can establish fraud in connection with the joinder.
E. Bernie is incorrect, and the joinder will have no effect on the lawsuit.
Which of the following is a federal law providing extended penalties for criminal acts
performed as part of an ongoing criminal organization?
A. The Racketeer Influenced and Corruption Organizations Act.
B. The False Claims Act.
C. The Sarbanes-Oxley Act of 2002.
D. The Racketeer Influenced and Corruption Organizations Act, the False Claims Act,
and the Sarbanes-Oxley Act of 2002.
E. None of these.
_______________ is a recognized term for a way to prove discrimination under Title
VII.
A. Disparate treatment
B. Disparate impact
C. Similarity differences
D. Disparate treatment, disparate impact, and similarity differences
E. Disparate treatment and disparate impact, but not similarity differences
Once a financing statement has been filed with a correct agency, for how long is the
statement valid under the UCC without renewal?
A. 1 year.
B. 2 years.
C. 3 years.
D. 5 years.
E. 10 years.
Set forth the circumstances resulting in a finding of anticipatory repudiation as well as
the rights of a nonbreaching party when faced with anticipatory repudiation.
Two security services, ABC Security and Knight Security, propose to merge. The
proposed merger receives majority shareholder approval. Richard, a minority
shareholder who owns 10% of the stock in Knight Security, however, is very much
opposed to the merger. He tells the other shareholders in Knight Security that unless
they convince him otherwise, he will block the merger. What are Richard’s rights as a
dissenting shareholder, and does he have the power to block the merger?
Discuss the views applied in determining the obligations of a minor to the other
contracting party on disaffirmance of a contract, which you support and why.
Cindy ran over Hank in her company parking lot breaking his leg. That happened
because, without warning, Cindy’s brakes failed. Hank was out of work as a bookkeeper
for one week, but otherwise recovered without incident. Hank sued Cindy for one
million dollars for his injuries. Cindy decides to do nothing in response to the lawsuit
because she sees no way that she can win. Is she right? Why or why not? What would
you suggest that she do in the civil litigation? Why is it important that Cindy proceed
immediately at this point in the litigation?
Define and discuss promissory estoppel, and give an example of when it would be
applied.
Mona markets a bell that she claims will automatically quiet a crying baby. Mona
advertises on television that the bell has a certain tone that babies love and shows a
baby suddenly stop crying when the bell is rung. She charges $50 for each bell for
which she incurs $1 in manufacturing charges. The bell was very popular for a few
months, but she has started to get complaints; and the Federal Trade Commission has
investigated her advertisement regarding the bell. Mona claims that her advertisement is
not deceptive. The Federal Trade Commission, however, claims that her advertisement
satisfies the three elements necessary for a deceptive claim. What are those three
elements?
Mona is a state representative. She believes that her state should pass a law mandating
that all employees receive at least one week of vacation per year. Nick, one of her
fellow representatives, tells her that the state legislature cannot do so because federal
law may only grant an increase in employment rights. He tells her that only Congress in
Washington D.C. could pass a law increasing benefits. Nick, on the other hand, wants to
pass a law repealing the federal Age Discrimination in Employment Act because he
believes that younger workers should get a break. When Mona challenges him and
disagrees, he tells her that state legislatures may reduce federal rights, just not add to
them. Who is right on the issues involving vacation and the age act, and why?
Set forth the stages and requirements of informal agency rule making.
Define the offense of usury. Identify two legal exceptions discussed in the text whereby
usury statutes will not be applied.
Wally wants to sell his used computer to Susan for $400. Susan says that she will think
about it. Wally tells Susan on Monday that if she wants the computer, she must call him
on his cell phone by 6 p.m., the next day. That next morning Susan decides she does
want the computer, but she has misplaced Wally’s cell phone number. She finds his
address in an old campus directory. Therefore, she drops a note to him through U.S.
mail telling him that she wants the computer. Meanwhile, on Wednesday, before he gets
Susan’s acceptance, Wally sells the computer to Alice. When Wally calls Susan to tell
her the bad news, Susan tells Wally that she accepted the contract and that under the
Mailbox Rule, he is liable to her for damages computed by the difference between $400
and the amount it costs her to obtain a similar computer. Who will win in the dispute
between Wally and Susan and why?
Set forth the translated meaning of the term “res ipsa loquitur” as well as what a
plaintiff must demonstrate in order to rely upon that doctrine.
Polly decides to go snow skiing at a ski facility owned by Bill. Bill requires that all the
skiers sign an agreement containing a release providing that even if the ski facility is
guilty of negligence resulting in injury, the skier agrees not to hold the ski facility
liable. While on one of the steepest slopes, Polly fell breaking her leg. She complains
that she was not adequately warned of conditions on the slope and sues Bill. Polly’s
position is that the release is not enforceable. What is the release Polly signed called,
and what is Bill’s best argument?
List and describe the three types of title.