Download BUL 3320 Exam 1 Study Set: Contracts, Torts, and Legal Procedures and more Exams Law in PDF only on Docsity!
BUL 3320|66 Exam 1 Study Set
Questions
A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged:
- the state provision, not the U.S. Constitution, will be enforced.
- neither provision will be enforced.
- the U.S. Constitution, not the state provision, will be enforced.
- the provisions will be balanced to reach a compromise. - โ โ the U.S. Constitution, not the state provision, will be enforced. In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders, Inc., the jury returns a verdict in Fuel Injection's favor. Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for:
- a judgment in accordance with the verdict.
- judgment n.o.v.
- a judgment on the pleadings.
- a new trial. - โ โ a new trial A negotiable instrument is a formal contract.
True or False? - โ โ true Genovese Contracting, Inc., agrees to build a warehouse for Hawthorne Wholesale Distributors. When Genovese runs into the types of difficulties that contractors ordinarily confront, Hawthorne agrees to pay extra compensation to overcome them. Regarding the agreement to pay more, a court would likely:
- rescind it.
- not enforce it.
- order the parties to renegotiate it.
- enforce it. - โ โ not enforce it. Jerry offers to shovel the snow from Ben's driveway for $35. Ben replies "OK." This is an example of:
- an implied, bilateral contract.
- an express, unilateral contract.
- an implied, unilateral contract.
- an express, bilateral contract. - โ โ an express, bilateral contract. In the historic case of Hamer v. Sidway, the nephew:
- the consideration is worth less than $100.
- something of value passed between the parties.
- the consideration involves the performance of services.
- there is a large disparity in the amount of consideration exchanged. - โ โ something of value passed between the parties. A contract entered into by a minor is voidable at the option of either of the contracting parties.
true or false - โ โ false Florida's Good Samaritan Act gives immunity:
- only to medical practitioners.
- if the person provides assistance when emergency responders are called
- for any person, including medical practitioners who, in good faith, give assistance in an emergency.
- to non-medical practitioners who, in good faith, give assistance in an emergency. - โ โ for any person, including medical practitioners who, in good faith, give assistance in an emergency. Defamation that is written or printed is:
- slander.
- libel.
- a false statement.
- falsification. - โ โ libel A landowner's duty to a licensee by invitation is to refrain from willful or wanton injury and remove any "traps" that the landowner knows of.
true or false - โ โ false An unauthorized scan of a bank account can be an invasion of privacy.
true or false? - โ โ true A brain surgeon is measured against a reasonable brain surgeon rather than a lower reasonable doctor standard.
true or false - โ โ true Public officials cannot recover for defamation unless they can prove that the defendant insulted the public official with a false opinion statement.
true or false - โ โ false A court can exercise jurisdiction over property that is located within its boundaries.
true or false - โ โ false Risks ordinarily assumed in business constitute consideration for the modification of a contract.
true or false - โ โ false Leon says to Milli, "I would like to sell you my comic book collection." This is not an offer because it:
- only expresses an opinion.
- does not describe the subject matter specifically.
- only invites Milli to negotiate.
- does not include a price term. - โ โ only invites Milli to negotiate A ten-year lease for an office building that is 50 pages long, typed, covers all details of the parties' rights and obligations, and contains the signature of each party is a formal contract.
true or false - โ โ false; informal contract Ace Corporation uses, in its radio ads, a recording by Blair, who owns the rights, without paying for the use. Blair sues Ace. Ace is liable to Blair for:
- wrongful interference with a customary relationship.
- appropriation.
- intentional infliction of emotional distress. - โ โ appropriation Lucy's neighbor comes to Lucy's house to ask for an egg for a cake that she is making for her daughter's birthday. Lucy's status when she knocks on her neighbor's front door is a(n):
- uninvited licensee.
- licensee by invitation.
- business invitee.
- trespasser. - โ โ uninvited licensee. Florida follows the contributory negligence doctrine in assessing damages.
true or false - โ โ false Quay Trucking Service tells Raphael that it will pay him $50 if he unloads a certain truck at the Shipping Warehouse. Raphael's acceptance is complete:
- only after Raphael unloads the truck.
- when Raphael hears Quay's offer.
frustration and embarrassment. John exclaims in a loud voice, "I'm selling that horse to the first person who hands me $100!" John has:
- made a firm offer and will be bound by his offer for a reasonable period of time.
- made an acceptance to the first person who can produce $100.
- not made an offer because under the circumstances a reasonable person would not conclude that John had intent to make an offer.
- made an offer to anyone within hearing distance and will be bound by his offer to the first person who produces $100. - โ โ not made an offer because under the circumstances a reasonable person would not conclude that John had intent to make an offer. Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants.
True or False - โ โ True To have standing to sue, a party must have complaining sufficient stake in a matter.
True or False - โ โ True The 1803 case Marbury v. Madison established what power for a court?
- Judicial review.
- Separation of powers.
- Commerce clause.
- Supremacy clause. - โ โ Judicial Review Procedural law consists of all laws that outline the methods of enforcing rights.
True or False - โ โ True Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is:
- the complaint.
- the answer.
- the summons.
- the writ of certiorari. - โ โ the summons As a judge in a federal court, Christine can decide, among other things, whether the laws or actions of the executive and legislative branches
A promise to do what one already has a legal duty to do constitutes legally sufficient consideration.
True or False - โ โ false Sales Marketing Corporation and Tech Support, Inc., negotiate a contract. If the contract has all of the elements necessary for one of the parties to enforce it in court, it is:
- a voidable contract.
- a void contract.
- an unenforceable contract.
- a valid contract. - โ โ a valid contract Bryce enters a dentist office and points to a damaged tooth. The dentist, Matt, treats the tooth. If Bryce refused to pay and Matt sued:
- Bryce would win because of the UCC.
- Matt would win because this is an implied contract.
- Bryce would win as there was no contract.
- Matt would win in quantum meruit. - โ โ Matt would win because this is an implied contract As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for:
- disparagement of property.
- appropriation.
- trespass to personal property.
- wrongful interference with a business relationship. - โ โ trespass to personal property. If a plaintiff knows of and voluntarily enters into or participates in a risky activity that results in injury, what is the most likely defense that can be raised by a defendant?
- Negligence per se.
- Superseding event.
- Contributory negligence.
- Assumption of the risk.
- Comparative negligence. - โ โ Assumption of the risk. Jenny is an appliance salesperson. To make a sale, she asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is:
- fraud if Jenny is stating her opinion, not the facts.
- not fraud.
The burden of proof at a civil trial is to prove a case _______________________. The burden of proof rests with ______________________.
- by a preponderance of the evidence; defendant
- beyond a reasonable doubt; plaintiff
- beyond a reasonable doubt; defendant
- by a preponderance of the evidence; plaintiff - โ โ by a preponderance of the evidence; plaintiff Neville files a suit against Olina. If Olina fails to respond,
- Olina will have a default judgment entered against her.
- Olina's failure to respond will be considered to be a denial.
- Neville will not be awarded the remedy sought.
- Neville must appeal the case to a different court. - โ โ Olina will have a default judgment entered against her. During the trial phase of Soft Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is:
- the testimony by a party to the lawsuit or by any witness, recorded by an authorized court official.
- the selection of jurors.
- an assessment of the arguments on the issues.
- the determination of the issues to be argued. - โ โ the selection of jurors Dora sues Diego. While presenting her case, Dora's attorney calls Dora's doctor to the witness stand. The questioning of the witness at this point in the trial is known as:
- interrogation.
- a request for production.
- cross examination.
- direct examination. - โ โ direct examination. Courts of appeals conduct new trials in which evidence is submitted to the court and witnesses are examined.
true or false - โ โ false Decisions by higher courts are not binding on lower courts.
true or false - โ โ true Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is:
true or false - โ โ false Discovery is the process of obtaining information from an opposing party before trial.
true or false - โ โ true Mark promises to buy Susan's used textbook for $60. Mark is:
- promisee.
- promisor
- offeror.
- offeree. - โ โ promisee An unenforceable contract is one that cannot be enforced because of certain legal defenses against it.
true or false - โ โ true A contract that has been fully performed by the parties is called an executory contract.
true or false - โ โ false Professor Jones promises a student a part-time as a research assistant for the rest of the semester. Professor Jones tells the student that he
can start sometime in the near future and the hours, payment, and other details will be worked out then. The student says, "I am so excited! Because of this job, I am going to quit my job at Riley's Restaurant!" A week later, Professor Jones informs the student that he lost funding for the position due to budget cuts. The student is unable to get his job back so he sues Professor Jones. Is there a valid contract?
-Yes; the terms are definite.
- No; however, the student may have a claim under the promissory estoppel doctrine.
- No; and the student has remedy against Professor Jones.
- Yes; as there is an offer, acceptance, and consideration for this promise. - โ โ No; however, the student may have a claim under the promissory estoppel doctrine. A medical doctor who commits medical malpractice has committed what tort?
- Defamation of character.
- Negligence.
- Intentional infliction of emotional distress.
- Trespass. - โ โ Negligence
