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Question
Scheming Friends. Willy very much wants to rent a basement apartment in Weaver's home. Willy threatens to tell all Weaver's friends that he and Weaver had been arrested for illegally smoking marijuana unless Weaver rents the apartment to him for $100 per month. Weaver reluctantly agrees to rent the apartment to Willy for that amount. Willy also wants to buy Weaver's car. Weaver runs back the odometer on the car before Willy test-drives it. Willy is impressed by the low mileage and agrees to buy the car. Finally, Weaver offers to sell Willy a ring for Willy's fiance. Weaver tells Willy that the ring is a diamond and believes that to be true. After the deal is made, however, a jeweler friend of Weaver's informs him that the ring is a fake. When Willy shows up with the money, Weaver says nothing. He just hands Willy the ring and takes the money. Later, Willy finds out that the odometer was run backwards from another friend to whom Weaver confided. Willy also finds out from his girlfriend that the ring is a fake. Which of the following is true regarding Willy's rights in regards to the ring purchase?
A. He will not be able to rescind the contract because Weaver did not make an express false statement regarding the ring.
B. He will not be able to rescind the contract because Weaver did not make an express false statement regarding the ring and also because Weaver did not know the ring was a fake when the initial agreement was made.
C. He will not be able to rescind the contract unless he can prove that Weaver was at least negligent in not realizing the ring was a fake when the initial agreement was made.
D. He will be able to rescind the agreement because Weaver was guilty of duress.
E. He will be able to rescind the agreement because Weaver was guilty of fraudulent misrepresentation.
Answer
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Related questions
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Guardians may be appointed for which of the following?
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Q:
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B. The bank is likely to prevail because Ursula was tainted by being Victor's girlfriend.
C. The bank is likely to prevail because no valid bilateral contract existed.
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Q:
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In a(n) ______ debt, the parties either dispute the fact that any money is owed or agree that some money is owed but dispute the amount.
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A. Brice will win only if he can establish that Brice is wrong and that the deal was actually reasonable.
B. Brice will win because the court would not weigh whether a good bargain was made.
C. Courtney will win if she can establish that she paid at least 75% more than the computer was actually worth.
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Q:
In Hamer v. Sidway, the New York Court of Appeals found that forbearance:
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B. Is not mandatory for a contract to be binding.
C. Is unconstitutional.
D. Is sufficient consideration for a valid contract.
E. Is insufficient consideration for a valid contract.
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A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.
Q:
Under the Privacy Act, an individual may have the right to:
A. see federal agency records about themselves.
B. to amend an inaccurate agency record.
C. to sue the government for statute violations.
D. see and amend federal agency records.
E. see and amend federal agency records as well as sue the government for statute violations.
Q:
Which of the following is false regarding the Freedom of Information Act?
A. Information may be obtained under the act regarding how an agency gets and spends its money.
B. Citizens are entitled to any records that the government has about them.
C. Records involving national security are exempted from the act.
D. Information regarding the agency's personnel records may be obtained under the act.
E. Records involving an individual's private life are exempted from the act.
Q:
In order to be upheld in court, an agency's fact finding must be supported by which of the following?
A. Substantial evidence
B. A rational basis
C. Any evidence
D. Reasonable evidence
E. Non-hearsay evidence
Q:
Executive agencies are referred to as which of the following?
A. Judicial-level agencies
B. Adjudicative agencies
C. Cabinet-level agencies
D. Approval agencies
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Q:
What do the initials ALJ represent in the administrative law arena?
A. Administrative Legal Journal
B. Agency Legal Jargon
C. Administrative Law Judge
D. Agency Legal Judge
E. Agency Law Jurisprudence
Q:
Which of the following is an order issued by an agency to appear at a particular time and place and bring specified documents?
A. A subpoena
B. A subpoena duces tecum
C. A summons
D. A summons duces tecum
E. A required documented appearance
Q:
Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?
A. A subpoena
B. A subpoena duces tecum
C. A summons
D. A summons duces tecum
E. A required documented appearance
Q:
According to the text, what are three criticisms of arbitration when compared to traditional litigation?
Q:
In order to ensure that a case or controversy exists, the plaintiff must show:
A. An adverse relationship between the parties.
B. An actual legal dispute.
C. It is a proper matter for judicial determination.
D. An adverse relationship between the parties and an actual legal dispute.
E. An adverse relationship between the parties, an actual legal dispute, and it is a proper matter for judicial determination.
Q:
A court acquires in personam jurisdiction over the plaintiff when:
A. Service of process is issued.
B. Plaintiff is given a copy of the complaint by the court.
C. Plaintiff files a lawsuit with the court.
D. Defendant files an answer.
E. Plaintiff is injured within the state's border.
Q:
Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury, as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who seemed grumpy is referred to as a(n)
A. Peremptory challenge.
B. Challenge for cause.
C. Stipulated challenge.
D. Fairness challenge.
E. Approved challenge.