LWP 411

subject Type Homework Help
subject Pages 9
subject Words 931
subject Authors David P. Twomey, Marianne M. Jennings

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Which of the following is an example of limited or special jurisdiction court?
a. Probate court
b. Juvenile court
c. Domestic Relations court
d. All of the above.
Contractual capacity is the ability to:
a. read and write.
b. sign a written contract.
c. understand that a contract is being made and to understand its general nature.
d. understand the legal meaning of the contract being made.
The legal definition of a guest of a hotel requires that the person:
a. live at least five miles from the hotel.
b. is a guest of a registered occupant of the hotel.
c. is a transient.
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d. stay at the hotel for at least 24 hours.
Failure to mitigate damages limits recovery to:
a. damages that would have been sustained had the plaintiff mitigated the damages
where it was possible to do so.
b. nominal damages and punitive damages.
c. damages for consequential loss.
d. exemplary damages.
Under the __________approach, consideration is defined as a benefit received by the
promisor or a detriment incurred by the promisee.
a. pro-con
b. I win, you lose
c. gain-loss
d. benefit-detriment
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An agent making a proper contract with a third person on behalf of a disclosed
principal:
a. has no personal liability on the contract.
b. is liable only to the principal on the contract.
c. is liable only to the third party on the contract.
d. is personally liable to both the principal and the third person on the contract.
The Sherman Act does not prohibit:
a. a company from engaging in purposeful conduct to exclude competitors.
b. a seller from dominating a market because of superior product or business.
c. competitors from agreeing not to deal with certain buyers.
d. all of the above.
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A violator of the Sherman Act may be subject to:
a. fine only.
b. imprisonment only.
c. both fine and imprisonment.
d. neither fine nor imprisonment.
White-collar crimes:
a. always involve the threat or use of force or violence.
b. generally involve the threat or use of force or violence.
c. sometimes involve the threat or use of force or violence.
d. do not involve the threat or use of force or violence.
To be eligible for FMLA leave, an employee must have been employed by a covered
employer for at least __________ months and have worked at least __________ hours
during the 12-month period preceding the leave.
a. 6; 1,250
b. 6; 1,500
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c. 12; 1,250
d. 12; 1,500
Which of the following must be proven by a plaintiff to recover for strict liability in
tort?
a. negligence of the seller or manufacturer
b. recklessness of the seller or manufacturer
c. unreasonably dangerous defects in goods that cause harm
d. privity of contract between the manufacturer and the buyer
If a bank pays a check whose face has been altered to increase the amount above that
which the drawer intended to pay, the bank:
a. is liable to the drawer for the amount of the increase.
b. is liable to the drawer for the full amount of the check.
c. incurs liability only if it failed to examine the check before payment.
d. incurs liability only if the drawer made the alteration.
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A promise that the grantor of an interest in land will execute any additional documents
required to perfect the title of the grantee is known as a covenant:
a. of seisin.
b. of further assurances.
c. against encumbrances.
d. of quiet enjoyment.
With regard to the law concerning nuisance:
a. the law recognizes legal remedies for a public, but not private, nuisance.
b. the courts do not balance the protection of the plaintiff against the social utility of the
activity.
c. the fact that the plaintiff suffered annoyance or inconvenience is sufficient to
establish a nuisance.
d. a finding that conduct is socially desirable may outweigh harm to a particular
plaintiff.
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Value is similar to consideration..
To be lawful, affirmative action must be time-limited .
A requirements contract is too vague to be a legally-enforceable agreement.
A corporation is an artificial person that is created by governmental action.
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Letters of credit are a form of advance arrangement for financing.
The limited liability company combines the tax advantage of the partnership with the
limited liability feature of the corporate form of business organization.
The issuer of a letter of credit is in effect the obligor on a third-party beneficiary
contract made for the benefit of the beneficiary of the letter.
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Grund, a night club performer, financed the purchase of a drum set to be used in his
night club act. The collateral is classified as a consumer good.
Even limited partners are completely liable for debts of the business.

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