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Failure to satisfy a condition precedent excuses the performance of a contracting party
even if the condition is a minor part of the transaction.
Answer:
An arbitrator's erroneous view of the law, no matter how egregious, is always binding
because the disputing parties have agreed to accept their arbitrator's view of the law.
Answer:
Ana offers Corey her vacuum cleaner for $300. Corey rejects the offer, so Ana promises
to sell the vacuum cleaner to Abey. However, a day later, Corey decides to buy the
vacuum cleaner and informs Ana of his acceptance. Ana must sell the vacuum cleaner
to Corey.
Answer:
Agreements falling within the per se category have such a pernicious effect on
competition that elaborate inquiry as to the precise harm they may cause or a business
excuse for them is unnecessary.
Answer:
Juries are used in only a very small percentage of all cases in U.S. courts.
Answer:
Trade secrets are required to be unique.
Answer:
If unfair labor practices are found to exist, the National Labor Relations Board is
empowered to take corrective action and award dollar damages to unions and
employees.
Answer:
Jurisprudence refers to the general body of law interpretations by judges as different
from legislation passed by legislators.
Answer:
A party to a contract is discharged when that party is relieved from all further
responsibility of performance.
Answer:
When there is a mutual mistake as to a material fact relating to a contract, rescission is
inappropriate.
Answer:
Each state has prescribed a time limit after which a suit cannot be filed, called a statute
of limitations.
Answer:
A state statute that permits indirect purchasers to collect damages for overcharges
resulting from price-fixing conspiracies is preempted by the National Labor Relations
Act.
Answer:
The Securities and Exchange Commission (SEC) can use confidential reports obtained
in the course of its routine operations to establish a violation of federal law.
Answer:
The procedures developed by administrative agencies are less formal than judicial
procedures.
Answer:
A person in a private civil action found to have violated the Racketeer Influenced and
Corrupt Organizations Act (RICO) is liable for treble, or triple, damages as well as for
costs and attorneys' fees.
Answer:
To avoid the various expenses of litigation, disputing parties can agree to have a third
party decide the merits of their dispute.
Answer:
An employer's publication of an employee handbook can change the nature of at-will
employment.
Answer:
Indirect taxes, like the progressive income tax, are authorized by the Bill of Rights.
Answer:
Public international law examines relationships created by commercial transactions.
Answer:
Generally, mortgages and deeds of trust must be registered in a recording office in the
county where the land is located.
Answer:
Those who believe in judicial restraint believe that social, political, and economic
change in society should result from the political process rather than from court action.
Answer:
A city building inspector must obtain a search warrant to inspect for building code
violations if the owner of the premises objects to the search.
Answer:
The plea nolo contendere allows sentencing just as if the defendant pleaded guilty or
was found guilty.
Answer:
In a class-action suit, the claim of each plaintiff must be greater than the $75,000
jurisdictional amount.
Answer:
Concerted activities are illegal as they are always harmful to the society.
Answer:
It is illegal for the parties to printed form contracts to type or handwrite additional
terms.
Answer:
Sherman Act cases need not satisfy an interstate commerce element to be
constitutionally valid.
Answer:
The Federal Trade Commission prevents wrongful actions by the use of cease and desist
orders.
Answer:
The Fourteenth Amendment to the Constitution recognizes that the law is enforced by
taking a person's life, freedom, or the resources that he or she owns.
Answer:
Questions relating to fringe benefits are compulsory bargaining issues because they are
wages.
Answer:
To be considered a point source under the Clean Water Act, the source must itself create
pollution.
Answer:
Andrew, a professor, makes a promise to pay $3.00 to Lily, his student, if Lily gets him
a reference book from the library. This is an example of a unilateral contract.
Answer:
Under the Sarbanes-Oxley Act, whistleblowers that suffer retaliation are able to recover
civil damages and can be reinstated if terminated improperly.
Answer:
The injunction provided for in the Taft-Hartley Act is applicable to all strikes.
Answer:
The doctrine of "exhaustion of remedies" comes into play whenever enforcement of the
claim requires the resolution of issues that, under a regulatory scheme, have been
placed within the special competence of an administrative body.
Answer:
Intellectual property systems presume that the long-term benefits of increased
information and investment are greater than the short-term costs.
Answer:
Fixman Inc. agrees to renovate Melanie's house for $50,000. During the renovation,
Fixman demands an additional $10,000 to complete the work, to which Melanie agrees.
Fixman can sue Melanie if she fails to pay the additional amount.
Answer:
The person against whom a criminal charge is filed by the prosecuting state is called the
respondent.
Answer:
The public interests served by freedom of expression protect the listener but not the
speaker.
Answer:
The courts have generally defined just compensation in terms of
A. market value of a specific resource.
B. social welfare value of a specific resource.
C. the duration taken to settle a resource ownership dispute by due process of law.
D. the need of a specific resource to the public.
E. the number of years a specific resource is in possession of a private party.
Answer:
The common law of ______ is established when the use of one's land unreasonably
interferes with the use or enjoyment of another's land.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. due diligence
Answer:
According to the Fair Debt Collection Practices Act, a collector must only telephone a
debtor before 8:00 A.M. or after 9:00 P.M. so as to not disturb the debtor while he or
she is at work.
Answer:
The takings clause of the Fifth Amendment to the Constitution allows
A. courts to decide whether the possession of a gun by an individual is valid or
unnecessary.
B. federal government to impact contractual relationships between companies.
C. courts to decide if a state law is invalid or unconstitutional because it conflicts with a
federal law or a policy of a federal institution.
D. government to take specific resources away from private owners for public use upon
the payment of just compensation.
E. federal government to regulate business activity under foreign and interstate
commerce.
Answer:
In the context of real property, when an object of personal property becomes an object
of real property by physical annexation (attachment), it is known as a(n) ______.
A. fixture
B. gift
C. fee simple
D. lien
E. accession
Answer:
Madison promises Grace $10 if Grace collects her dry cleaning for her. This is an
example of a(n) ______ contract.
A. bilateral
B. unilateral
C. voidable
D. void
E. unenforceable
Answer:
The dispute in a jurisdictional strike is between
A. an employee and a union.
B. two employees.
C. the national and local chapters.
D. two unions.
E. the government and a union.
Answer:
James wrecks Carl's house in a motor vehicle accident. Carl incurs $180,000 in property
damages. To recover his losses, he wants to sue James. In this scenario, Carl is most
likely to file the initial lawsuit in _____.
A. traffic court
B. a state appellate court
C. a federal district court
D. the U.S. Supreme Court
E. a state trial court
Answer:
According to the tort doctrine of ______, any time an employee is liable for tortious
acts in the scope of employment, the employer is also liable.
A. respondeat superior
B. frolic and detour
C. nolo contendere
D. novation
E. promissory estoppel
Answer:
Which of the following statements best defines ethics?
A. Ethics is a legal system for evaluating who profits in a business transaction.
B. Ethics is merely a different term for the laws and regulations created by a
government.
C. Ethics is an irrational method used specifically in examining the morality of lives.
D. Ethics is a simplified term given to the momentary decisions one makes regarding
which answer will lead to the most personally successful solution.
E. Ethics is a formal system for deciding what is right and wrong and for justifying
moral decisions.
Answer:
The owners of limited liability companies are called ______.
A. shareholders
B. partners
C. proprietors
D. members
E. directors
Answer:
The social contract theory concerns itself with how to construct a just society given
__________.
A. the many inequalities of wealth, knowledge, and social status
B. the difficulty of acting toward others as people would have them act toward
themselves
C. the many logical fallacies contained in legal contracts
D. the implicit agreement that the powerful are best suited to govern
E. the inherent nature of those in a society to argue and reject consensus
Answer:
Which of the following philosophies of law tries to go beyond just the words of law to
examine what police, administrators, prosecutors, and judges are actually doing as they
enforce, interpret, and apply laws?
A. Positive law jurisprudence
B. Sociological jurisprudence
C. Stare decisis
D. Legal realism
E. Originalism
Answer:
Which of the following countries is a member of the Central America-Dominican
Republic Free Trade Agreement?
A. Canada
B. Costa Rica
C. Mexico
D. Belize
E. Panama
Answer:
Which of the following torts consists of the publication of untrue statements that
disparage a business owner's product or its quality?
A. assault
B. false imprisonment
C. trespass
D. battery
E. injurious falsehood
Answer:
DrakeAuto Corp. is an automobile dealer that offers flexible payment plans for its
customers. However, DrakeAuto requires its customers over 60 years of age to make
the payment in full. In this case, DrakeAuto violates the ______.
A. Federal Trade Commission Act
B. Equal Credit Opportunity Act
C. Truth-in-Lending Act
D. Fair Debt Collection Practices Act
E. Fair Credit Reporting Act
Answer:
One of the reasons U.S. Congress provides for diversity of citizenship jurisdiction is to
__________.
A. guard against state court bias against the nonresident party in a lawsuit
B. enable the existence of attorney-client privilege to all citizens of the United States
C. restrict the number of petitions for writs of certiorari by the nonresident party in a
lawsuit
D. restrict the number of appeals to the U.S. Supreme Court
E. guard against the abuse of a small-claims court by the resident party in a lawsuit
Answer:
The ______ approach refers to pollution control system under which the right to
discharge a certain pollutant would be auctioned off to the highest bidder.
A. point-source
B. bubble concept
C. cap and trade
D. novation
E. marketable rights
Answer:
If an employee's tips combined with the cash wage is inconsistent with the minimum
hourly wage, ______.
A. the employee is entitled to work for a reduced number of hours
B. the employer must make up the difference with certain conditions
C. the federal government must make up the difference
D. the employee is entitled to be paid for the inconvenience caused along with the
difference, with certain conditions
E. the employer is not liable to pay the difference if he or she reduces the number of
working hours for the employee
Answer:
In the absence of a statute, the rights and duties of the disputing parties to a submission
for arbitration are described and limited by _____.
A. the Constitution
B. the legislature
C. the litigator
D. the arbitrator's decision
E. the parties' agreement
Answer:
The members of the National Labor Relations Board are appointed by the ______.
A. Federal Trade Commission
B. president
C. Senate
D. general counsel
E. Department of Labor
Answer:
The ______ test is used if the classification involves either a suspect class or a
fundamental constitutional right.
A. minimum rationality
B. quasi-strict scrutiny
C. rational basis
D. prior restraints
E. strict scrutiny
Answer:
Shauna defaults on her car loan payment. The debt collector hired by the bank visits
Shauna and verbally abuses her using offensive language. In this scenario, which of the
following statements is true under the Fair Debt Collection Practices Act (FDPCA)?
A. The court cannot order the debt collector to pay Shauna any money as she has
suffered no physical injury.
B. The court can order the debt collector to pay up to $1,000 for using obscene
language.
C. The court can order the debt collector to pay up to $10,000 for having made a house
visit.
D. The debt collector is not liable to Shauna, but the bank that hired the collector is
liable to her.
E. The debt collector did not violate the FDPCA because the use of intimidation tactics
by debt collectors for habitual offenders is legal.
Answer:
Under the Colgate doctrine, the Supreme Court recognizes that
A. individuals are allowed to engage in horizontal price fixing.
B. a franchisor can require that franchisees purchase all of its equipment and inventory.
C. resale price maintenance is illegal.
D. individuals are allowed to engage in horizontal price fixing for provision of services.
E. manufacturers can announce their prices and refuse to deal with those who fail to
comply.
Answer:
Which of the following forms of organization is most easily formed at minimal costs?
A. limited liability partnership
B. partnership
C. corporation
D. S corporation
E. limited liability company
Answer:
Diversity of citizenship requires that __________.
A. all plaintiffs be citizens of different states from all defendants
B. all defendants qualify for ratio decidendi
C. all plaintiffs obtain a writ of certiorari from the Supreme Court
D. all defendants be citizens of the same state
E. all plaintiffs be citizens of the same state
Answer:
The Landrum-Griffin Act is also known as the ______.
A. National Labor Relations Act
B. Labor-Management Reporting and Disclosure Act
C. Railway Labor Act
D. Employment Bill of Entitlements Act
E. Federal Arbitration Act
Answer:
Albert falsely reports his income obtained from betting on racehorses as income
obtained from his job at Good Life Supermarket. Albert is guilty of ______.
A. larceny
B. embezzlement
C. money laundering
D. burglary
E. robbery
Answer:
Which of the following statements is true of the quasi-strict scrutiny tests?
A. When applying the quasi-strict scrutiny tests, the judiciary thoroughly scrutinizes
laws directed at them.
B. The quasi-strict scrutiny tests are used if a classification has a reasonable basis and is
not wholly arbitrary.
C. The quasi-strict scrutiny tests are used for cases involving fundamental constitutional
rights.
D. The quasi-strict scrutiny tests are used for cases that fall between the minimum
rationality and strict scrutiny approaches.
E. The quasi-strict scrutiny tests are used if a classification is perfectly suspect.
Answer:
Which of the following is a feature of a grand jury?
A. A grand jury attempts to determine if the accused is guilty or innocent.
B. A grand jury serves as an investigative body.
C. A grand jury consists of sixteen citizens.
D. A grand jury presents the evidence to determine the guilt of the accused.
E. A grand jury consists of a group of bureaucrats and lawyers.
Answer:
Which of the following is a type of public law?
A. Contract law
B. Property law
C. Tort law
D. Hybrid law
E. Criminal law
Answer:
Valid consideration can include any promise to do something one has no obligation to
do, refrain from doing something one has the right to do, or in the case of a unilateral
contract, a performance when there is no obligation to do so. This is known as a(n)
______.
A. exculpation
B. legal detriment
C. release
D. negotiation
E. promissory estoppel
Answer:
______ is defined as "any act or threat involving" specified state law crimes, any "act"
indictable under various specified federal statutes, and certain federal "offenses."
A. Fraudulent misrepresentation
B. Racketeering
C. Money laundering
D. Embezzlement
E. Larceny
Answer:
Cooper Inc. was a company that operated primarily by sending out e-mails to its
customers and requesting them to invest in their firm. Many such customers who
invested later found that such a company didn't exist and that the company had merely
acquired all their personal information for its own use. This scenario is an example of
______.
A. skimming
B. dumpster diving
C. phishing
D. wire fraud
E. hacking
Answer:
Explain the requirements of diversity of citizenship.
Answer:
How does the Clean Air Act divide air pollution sources?
Answer:
In the days of wood and coal engines, having a fireman on board a train was a
reasonable requirement. However, as diesel and electric engines came into use, firemen
were not required on trains anymore. Despite this, railroad companies were often
required by the union contract to continue to employ firemen. What term refers to this
kind of unfair labor practice?
Answer:
How is specific performance used as an equitable remedy for a nonbreaching party to a
contract?
Answer:
What are the three questions that a court will seek to answer when determining whether
a person has purchased a security?
Answer:
What is a class-action suit?
Answer:
An organization informed the job applicants that they have to join one of the two unions
in order to apply for a job in the organization. Two of the applicants had ideological
differences, and they refused to join either of the unions. The third one had a dispute
with one of them, and he too refused to join either of the unions. The applications of all
the three individuals were dismissed on the grounds that joining one of the unions is the
condition for employment. Does this act violate the Taft-Hartley Act?
Answer:
To what extent are partners in a general partnership liable for an organization's debts?
Answer:
Briefly discuss the concept of a joint venture.
Answer:
How is prior consideration viewed when legally enforcing a contract?
Answer:
What protections are provided by the Sixth Amendment in criminal cases?
Answer:
Define a corporation.
Answer:
Patty, a 16-year-old studying in Valley High, was playing hockey against the Manfield
High hockey team. While Patty was attempting to score a goal, two members of the
Manfield team tackled her. She sustained minor injuries as a result of the tackle. Patty
sued the school and the school district for negligence and proceeded to file a case to
recover damages for the injuries that she had sustained during the match. Under the
common law, is Patty eligible to recover damages?
Answer:
Discuss the most common forms of identity thefts.
Answer:
Briefly explain expropriation in the context of international law.
Answer:
ColdBev Inc. is a Californian corporation engaged in the production, bottling, and
distribution of beverages. In March 1949, it entered into a collective bargaining
agreement concerning the wages, hours, and working conditions of its nonsupervisory
employees with the United Employees Association. At the beginning of June 1949, the
union engaged in activities designed to compel the company to recognize it as the
exclusive bargaining representatives of the company's employees. To enforce their
demand for recognition, the union began the peaceful picketing of retail stores which
sold the company's products. Picket signs announced that the company's products were
made by workers who were not members of the United Employees' Association. What
are the activities indulged in by the United Employees' Association termed as? Are the
activities legal?
Answer:
What are the various ways in which compensatory damages are calculated?
Answer:
