Reference no: EM131159847
Question 1: Strict liability is liability regardless of fault.
True
False
Question 2: Implied contracts are not created by conduct.
True
False
Question 3: Consideration is necessary for a charitable subscription to be binding.
True
False
Question 4: Bidding at an auction is usually not considered to be an offer.
True
False
Question 5: Encouraging free competition to promote economic growth is a function of the law.
True
False
Question 6: Under UCC section 2-205, firm offers are only made by merchants and do not require consideration.
True
False
Question 7: A poster advertising a reward for capturing a criminal constitutes an offer.
True
False
Question 8: Generally, offers to sell something at a certain price are revocable at any time.
True
False
Question 9: Settlement and arbitration are examples of ADR.
True
False
Question 10: The same act can result in both criminal and civil liability.
True
False
Question 11: Variations of the Golden Rule appear in all world cultures.
True
False
Question 12: According to the principle of federal supremacy and the U.S. Constitution, federal law always defeats conflicting state law.
True
False
Question 13: Only duress can make a contract voidable.
True
False
Question 14: An option contract can be created without consideration.
True
False
Question 15: Death of a party before acceptance terminates the offer.
True
False
Question 16: Under the mailbox rule, acceptance is not effective until it is received.
True
False
Question 17: Kant's categorical imperative is an example of a justice theory of ethics.
True
False
Question 18: An intoxicated person can get out of a contract made while intoxicated regardless of whether the other person knew that he/she was drunk.
True
False
Question 19: Appellate courts hear issues of law.
True
False
Question 20: The burden of proof in a civil trial is beyond a reasonable doubt.
True
False
Question 21: Using enumerated powers, the courts can find acts by the legislative and executive branches unconstitutional.
True
False
Question 22: An ad in the classifieds stating "British shorthair kitten for sale, $800" is not an example of an offer.
True
False
Question 23: In order to prove a negligence claim, the plaintiff must prove: duty, a breach of that duty, causation, and injury to the plaintiff.
True
False
Question 24: A contract where one or more of the parties has the right to cancel the contract is called:
an option contract
an offer
a voidable contract
a void contract
Question 25: According to the mirror image rule,
Silence is acceptance.
A counteroffer is not acceptance.
Acceptance can only be in writing.
Acceptance is valid only if written backwards so you can see it in a mirror.
Question 26: Sean is an invitee on his aunt Allison's beachfront property. Allison owes Sean:
Only to warn him of dangerous on-premises conditions that he is not likely to discover.
A duty to exercise reasonable care to protect him against dangerous on-premises conditions that Allison knows about or reasonably should know about.
Only not to willfully and wantonly injure him on the property.
None of the above.
Question 27: Which of the following is NOT a defense to negligence?
res ipsa loquitor
assumption of the risk
contributory negligence
comparative fault
Question 28: Our common law came to America from which group of European settlers?
German
English
Chinese
French
Question 29: Posh Pepper, a rap musician, is dangled by his ankles four stories high until he agrees to share his copyright royalties with rap musician Patricia Paprika. This contract is an example of ___________?
Unilateral mistake
Duress
Misrepresentation
Undue influence
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Question 30: Damages awarded to reimburse an injured plaintiff for lost wages and medical expenses are called ________.
Punitive
Exculpatory
Compensatory
Executory
Question 31: George is selling his house. He received an offer from Katie for $200,000 but decided to counter-offer for $210,000. What does that do to the original offer?
Katie is still bound by her original offer of $200,000.
George is bound by the original offer of $200,000.
Katie will pay $210,000.
Neither George nor Katie are bound by the original offer of $200,000.
Question 32: The _____________ answers the complaint.
Plaintiff
Defendant
Appellant
Offeror
Question 33: Which one is a function of the law?
Peacekeeping
Promoting social justice
Protecting the environment
All of the above
Question 34: Criminal law is based on _______.
Statutory law
Contract law
Civil law
Question 35: An example of an intentional tort would be _________.
False imprisonment
Negligence
Strict Liability
All of the above
Question 36: What is the issue in Sumerel v. Goodyear Tire & Rubber Company on p 413-414 of the text? (Refer to p 22-23 for help in finding the issue.)
Whether there was adequate consideration.
Whether the parties had the capacity to contract.
Whether the emails constituted an offer.
Who is the plaintiff?
Question 37: When briefing a case, the question the court had to decide is known as the
issue
answer
procedural history
brief
Question 38: A minor can rescind most contracts. This right to rescind is referred to as _________________?
Right of Emancipation
Right to Disaffirm
Right to Ratify
Capacity to contract
Question 39: Juliet, age 14, purchased 5 chickens from Bob at a price of $30 per chicken for a 4-H project. She later decided she didn't want to do the project. She told Bob that she wasn't going to pay him although he had delivered the chickens. Also, one chicken died, so she only had 4 chickens. Which of the following is true?
Juliet is still liable to Bob for $150.
Juliet must return the 4 remaining chickens to Bob.
Bob is liable to Juliet for $30.
Juliet must return the 4 remaining chickens and pay Bob $30 for the chicken that died.
Question 40: In a __________ contract, a promise is made by only one party to the contract.
Bilateral
Unilateral
Voidable
Express
Question 41: A contract to steal gold from Fort Knox would be _____?
void
voidable
valid
executed