1) under the mailbox rule, the acceptance of an offer is effective at the time the
acceptance is dispatched unless:
a.both the offeror and offeree are merchants.
b.the offer proposes a sale of real estate.
c.the acceptance is not in the authorized mode of communication.
d.the acceptance is lost or never reaches the offeror.
2) how have the drafters of the code tried to promote fair dealing and higher standards
in the marketplace?
a.by applying stringent technicalities to contracts.
b.by recognizing void contracts.
c.by discriminating between merchants and nonmerchants.
d.by imposing the duty of good faith.
3) why is sociological jurisprudence seen to resemble natural law?
a.it advocates the separation of law and morality.
b.it stresses on the superiority of lawmakers.
c.it calls for a separation of the judiciary and legislature.
d.its definition of law includes social values.
4) the most important example of strict liability principles in modern legislation is:
a.road safety legislations
b.environmental acts
c.disabilities acts
d.workers compensation acts
5) the state of indiana hires the reliable construction company to do some excavation
work on an interstate highway. the state lays out the general objectives that reliable has
to achieve, but the details of the job are up to reliable. the job involves digging holes ten
feet deep, the whole way, across the highway. given the nature of the job, its important
that reliable be especially careful in putting up flashers and warning signs to steer
oncoming motorists onto a detour. reliable, however, does not do an adequate job in this
regard and motorists are continually driving their cars into the construction area at high
speed. one of these drivers, tim, is unable to stop in time, and drives his car into the
hole, suffering severe personal injury and damage to his car. tim sues reliable and the
state for reliables negligence. in this case:
a.the state is liable under the doctrine of respondeat superior.
b.the state is not liable because reliable is an independent contractor.
c.the state is liable for reliables failure to take requisite special precautions.
d.the state is not liable because it was not negligent.
6) bill is 25 years old. his uncle had promised in writing to pay him $2,000 if bill would
refrain from drinking alcohol for one year. bill refrained from drinking alcohol for one
year. however, his uncle now refuses to pay bill as agreed-upon. the uncle claims that
because bill suffered no detriment by refraining from alcohol, his non-drinking does not
constitute legal consideration and therefore no contract was formed. if bill sues his
uncle, bill will:
a.win because bill had a legal right to drink alcohol.
b.lose because consideration must have monetary value.
c.win because no consideration is needed in this contract.
d.lose because refraining from an action can never be considered legal consideration.
7) which of the following is generally subject to a rational basis review?
a.regulation of political speech that is challenged under the first amendment.
b.regulation of commercial speech that is challenged under the first amendment.
c.laws that discriminate on the basis of illegitimacy.
d.laws that regulate social and economic matters.
8) _____ categorizes using or manipulating others as an unethical action.
a.utilitarianism
b.teleological ethics
c.consequentialism
d.kantianism
9) _____ established an 80-day cooling-off period for strikes that the president finds
likely to endanger national safety or health.
a.the norris-laguardia act
b.the wagner act
c.the taft-hartley act
d.the landrum-griffin act
10) daniel owes casey a debt, the amount of which is subject to a good faith dispute. the
parties agree to settle the debt, with daniel promising to pay casey $15,000 and casey
promising to release daniel on a $25,000 debt. the settlement agreement:
a.is supported by consideration.
b.lacks consideration because casey is not giving daniel any legal value.
c.lacks consideration because daniel is promising to perform a preexisting legal
obligation.
d.is binding under ucc section 2-209 even though there is no consideration.
11) repurchase of _____ shares by a corporation is involuntary on the shareholders part.
a.split
b.fractional
c.outstanding
d.preferred
12) a rule made by an agency through the informal rulemaking method can become
effective only:
a.45 days after the publication of the rule in its final form in the federal register.
b.45 days after the publication of a notice of proposed rulemaking in the federal
register.
c.30 days after the publication of the rule in its final form in the federal register.
d.30 days after the publication of a notice of proposed rulemaking in the federal
register.
13) which of the following meets the requirements of consideration?
a.a promise not to engage in a crime or tort
b.a promise without a binding obligation
c.a promise that involves the exchange of a legal value
d.a promise to do a preexisting duty
14) john owned a parcel of land on which he wanted to build an apartment building.
however, his land is a swamp and he could not get a permit from the army corps of
engineers to drain the swamp. he had to buy a neighboring piece of land and build the
apartment on that. since he has been effectively deprived of being able to make any
economically viable use of his property, his attorney suggests that he may be able to
pursue a claim for regulatory taking and receive compensation from the government for
the fair market value of the interest of his land. what is the basis for such a claim?
a.the marine protection, research, and sanctuaries act
b.the fourth amendment
c.the clean water act
d.the fifth amendment
15) which of the following is applied to the equal protection standard?
a.the due process test
b.the still-controlling test
c.the proximate cause test
d.the rational basis test
16) which of the following elements establishes a case of duress?
a.an assertion was made with knowledge of its falsity.
b.there is an untrue assertion of a fact.
c.the contract was induced by improper threat.
d.there is a mistake about the basic assumption of the contract.