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Business Law
Q:
The term scienter refers to the knowledge that a representation is false or that it was made without sufficient knowledge of the truth.
Q:
To be actionable as fraud, the misrepresentation must be the sole factor in inducing the innocent party to enter into the contract.
Q:
Congress may tax some states and exempt others.
Q:
Intentional misrepresentation is considered fraud.
Q:
When there is a direct conflict between a federal and a state law, the state law is rendered invalid.
Q:
A unilateral mistake occurs if both parties know the object of the contract but are mistaken as to its value.
Q:
Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.
Q:
A contract cannot be rescinded if there has been a mutual mistake.
Q:
The Constitution expressly excludes state regulation of commerce.
Q:
Congress can regulate all commerce in the United States.
Q:
An ambiguity in a contract may constitute a mutual mistake of a material fact.
Q:
Under the U.S. Constitution, each branch of government limits some actions of the other branches.
Q:
A material fact is a fact that is irrelevant to the subject matter of a contract but pertains to the conduct of the parties.
Q:
A state law that treats nonresidents different from residents may violate the privileges and immunities clause.
Q:
A unilateral mistake is a mistake in which only one party is mistaken about a material fact regarding the subject matter of a contract.
Q:
Which of the following scenarios makes Tim liable for undue influence?
A) He uses a false identity, borrows $10,000 from Kelly, and disappears with the money.
B) He threatens to kill Carlos if Carlos does not sign a contract that transfers all his property to Tim.
C) He takes advantage of his grandmother's illness and persuades her to sign a will, leaving all of her property to him.
D) He threatens to bring a lawsuit against Carlos if Carlos does not make him a partner in his firm.
Q:
The full faith and credit clause ensures that rights established under a contract in one state are honored by other states.
Q:
________ is a situation in which one party threatens to do a wrongful act unless the other party enters into a contract.
A) Scienter
B) Duress
C) Battery
D) Assault
Q:
Under their police powers, states can regulate private activities to protect or promote the public order, health, safety, morals, and general welfare.
Q:
In order to prove fraud, which of these elements must be shown?
A) The innocent party knew the wrongdoer.
B) The innocent party detected the misrepresentation prior to the contract's formation.
C) The wrongdoer assumed a false identity.
D) The innocent party justifiably relied on the wrongdoer's misrepresentation.
Q:
Under their police powers, states can regulate only public activities, such as political demonstrations.
Q:
A(n) ________ is an event that occurs when one person consciously decides to induce another person to rely and act on a misrepresentation.
A) fraudulent misrepresentation
B) unilateral mistake
C) bilateral mistake
D) erroneous misrepresentation
Q:
The state governments retain all powers not specifically delegated to the federal government.
Q:
A contract involving mutual mistake of value is ________.
A) rescindable
B) ambiguous
C) enforceable
D) void
Q:
Blizzard Entertainment, Inc., one of the owners of the World of Warcraft (WoW) computer game, is involved in a lawsuit with MDY Industries, LLC, the owner of Glider, a software program that plays WoW for its players while they are away from their keyboards. Blizzard asks the court to direct MDY to stop selling and distributing Glider. The court's opinion in the case is at MDY Industries, LLC v. Blizzard Entertainment, Inc., 616 F.Supp.2d 958 (D.Ariz. 2010). What is the name for the remedy that Blizzard is seeking? What type of remedy is it? What court decided this case? Specifically where can the court's opinion be found?
Q:
Heather chooses to buy a scarf from Macy's and reads the price on the tag as $50. She uses her credit card to pay for the scarf, but only after the purchase does she notice that the price tag actually says $500. This is an instance of a(n) ________.
A) bilateral mistake
B) mutual mistake of value
C) innocent misrepresentation
D) unilateral mistake
Q:
For a business law class, Kelly reads and briefs several court opinions using the IRAC method of legal reasoning. What do the letters I, R, A, and C abbreviate? What are the steps in the IRAC method?
Q:
Which of the following is true of a unilateral mistake?
A) Only one mistake or ambiguity is present in the subject matter of entire contract.
B) Out of several contracts drafted simultaneously between two parties, one has a mistake in its subject matter that does not concern the other contracts.
C) Only one party is mistaken about a material fact regarding the subject matter of a contract.
D) A single mistake about a material fact in the subject matter of a contract appears several times in the contract.
Q:
In a lawsuit between Digital Hardware Corporation and Software Engineering Associates, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?
Q:
Explain in brief the Uniform Computer Information Transactions Act (UCITA).
Q:
Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a cerÂtain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?
Q:
The ________ establishes uniform legal rules for the formation and enforcement of electronic contracts and licenses.
Q:
At a prison in Ohio, inmate Steve recruits other inmates to play Towers & Trolls, a potentially violent, fantasy, role-playing game. Ryan, the prison's warden, confiscates the game materials and bans its play at the prison. Under the principles discussed in "A Sample Court Case," Singer v. Raemisch, Ryan most likely acted
a. in violation of Steve's rights under the First Amendment.
b. reasonably in taking the game materials but not in banning its play.
c. reasonably in banning the game but not in taking the materials.
d. reasonably in the circumstances and under the law.
Q:
The Uniform Computer Information Transactions Act (UCITA) is a law applicable to all states and does not require a state legislature to adopt it as a statute for the state.
Q:
Standard Business Company appeals a decision against it, in favor of Fast Delivery Corporation, from a lower court to a higher court. Standard is
a. the appellant.
b. the appellee.
c. the defendant.
d. the plaintiff.
Q:
Unconscionable contracts are sometimes found where there is a consumer contract that takes advantage of uneducated, poor, or elderly people who have been persuaded to enter into unfair contracts.
Q:
The title of a case appears as "Duck Down Corp. v. Egret Feathers Co." The party in whose favor the case was decided
a. could be either party.
b. might be neither party.
c. must be Duck.
d. must be Egret.
Q:
An exculpatory clause can relieve a party of liability for ordinary negligence.
Q:
The Texas Supreme Court decides the case of Livewire Entertainment Co. v. Power Play Corp. Of nine justices, six believe the judgment should be in Livewire's faÂvor. Justice Bellamy, one of the six, writes a separate opinion. The four justices who beÂlieve the judgment should be in Power's favor join in a third separate opinion.
Bellamy's opinÂion is known as
a. a concurring opinion.
b. a dissenting opinion.
c. a majority opinion.
d. a per curiam opinion.
Q:
Which of the following elements must be established for a contract to be deemed unconscionable?
A) The weaker party did not enter the contract under duress.
B) The parties had equal bargaining power.
C) The dominant party justly used its bargaining power.
D) The adhering party had no reasonable alternative.
Q:
The Texas Supreme Court decides the case of Livewire Entertainment Co. v. Power Play Corp. Of nine justices, six believe the judgment should be in Livewire's faÂvor. Justice Bellamy, one of the six, writes a separate opinion. The four justices who beÂlieve the judgment should be in Power's favor join in a third separate opinion.The opinÂion joined by the four justices who favor Power is known asa. a concurring opinion.b. a dissenting opinion.c. a majority opinion.d. a per curiam opinion.
Q:
A(n) ________ is a contract that courts refuse to enforce in part or at all because it is so oppressive or manifestly unfair as to be unjust.
A) unconscionable contract
B) contract of attrition
C) contract in furtherance of trade
D) quasi-contract
Q:
The Texas Supreme Court decides the case of Livewire Entertainment Co. v. Power Play Corp. Of nine justices, six believe the judgment should be in Livewire's faÂvor. Justice Bellamy, one of the six, writes a separate opinion. The four justices who beÂlieve the judgment should be in Power's favor join in a third separate opinion.
These opinions are collected and published in volumes called
a. citations.
b. codes.
c. reporters.
d. reviews.
Q:
A(n) ________ is a contractual provision that relieves one or both of the parties to a contract from tort liability.
A) contract of adhesion
B) exculpatory clause
C) duty of restitution
D) fundamental breach
Q:
To Serena, the written law of a particular society at a particular time is most signifiÂcant. Serena is
a. a legal positivist.
b. a legal rationalist.
c. a legal realist.
d. a person who adheres to the natural law tradition.
Q:
Explain in brief the standards concerning contracts of mentally incompetent persons.
Q:
A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply
a. a common law doctrine that applied before the statute was enacted.
b. a common law doctrine that applies to other, different practices.
c. Paula's personal philosophy of law.
d. the statute.
Q:
Give an account of termination of an offer due to a lapse of time.
Q:
Julius is a judge. How the Julius and the judges in other courts interpret a particular statute determines
a. how that statute will be applied.
b. how the law needs to be changed.
c. how the common law should be codified.
d. nothing.
Q:
The infancy doctrine allows minors to ________ most contracts they have entered into with adults.
Q:
Quinn is a state court judge. In the case of Royal Banners, Inc. v. Superior Flags Co., Quinn establishes a logical relationship by comparÂing the facts in the case to the facts in other cases and, to the exÂtent the facts are similar, applies the same rule. This is
a. deductive reasoning.
b. faulty reasoning.
c. linear reasoning.
d. reasoning by analogy.
Q:
A contract into which parties enter but in which one or both of the parties can choose not to perform their contractual obligations is said to involve ________ promises.
Q:
________ is defined as something of legal value given in exchange for a promise.
Q:
In Export Co. v. Imports, Inc., there is no precedent on which the court can base a decision. The court can consider, among other things,
a. neither public policy nor social values.
b. public policy only.
c. public policy or social values.
d. social values only.
Q:
In Sales Distribution Corp. v. Consumer Products Co., the court decides that a precedent is incorrect or inÂapÂplicable. The court
a. may rule contrary to the precedent.
b. must apply the precedent.
c. must ask a higher court to rule on the case.
d. must refuse to decide the case.
Q:
A(n) ________ is a contract in which the original offeree pays consideration (usually money) in return for the original offeror giving consideration (time of the option period).
Q:
In Ben v. City Car Dealership, a state supreme court held that a minor could cancel a conÂtract for the sale of a car. Now a trial court in the same state is decidÂing Daphne v. Even Steven Auto Deals, Inc.,, a case with similar facts. Under the doctrine of stare deÂcisis, the trial court is likely to
a. allow the minor to cancel the contract.
b. disregard the previous case.
c. order the minor to cancel the contract.
d. require the minor to fulfill the contract.
Q:
The ________ rule states that the offeree must accept the terms of an offer as stated in the offer.
Q:
Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by
a. all courts.
b. courts of lower rank only.
c. that court and courts of lower rank.
d. that court only.
Q:
Under the mailbox rule, an acceptance is effective when ________.
Q:
As a judge, Diane applies common law rules. These rules develop from
a. decisions of the courts in legal disputes.
b. regulations issued by administrative agencies.
c. statutes enacted by Congress and the state legislatures.
d. uniform laws drafted by legal scholars.
Q:
A(n) ________ is a response by an offeree that contains terms and conditions different from or in addition to those of the offer.
Q:
MaxiMart, Inc., is a discount retailer. MaxiMart's customer service emÂployees are on strike. Sixty of the workers block the entrances to one of MaxiMart's stores. To get them away from the doors, MaxiMart should seek
a. a clause of free exercise.
b. a decree of specific performance.
c. an injunction.
d. an order of due process.
Q:
An offeror can ________ an offer by withdrawing the offer prior to its acceptance.
Q:
A person who disaffirms a contract based on intoxication is not legally obligated to return the consideration he or she received under the contract to the other party.
Q:
In a suit against Owen over the performance of their contract, Phil obÂtains specific performance. This is
a. an order to do or to refrain from doing a particular act.
b. an order to perform what was promised.
c. a payment of money or property as compensation.
d. the cancellation of a contract.
Q:
A person who disaffirms a contract based on intoxication must be returned to the status quo.
Q:
The federal government and the state governments constitute the U.S. leÂgal system. This system is based on the legal system of
a. Ancient Greece.
b. continental European nations.
c. England.
d. predominantly Muslim countries.
Q:
Maggie and Nate enter into a contract for the sale of car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is
a. an equitable remedy.
b. an unenforceable demand.
c. a remedy at law.
d. a type of harm.
Q:
If an insane person who has not been adjudged insane enters into a contract, the contract is non-voidable by the insane person.
Q:
A person who has dealt with an insane person need not place that insane person in status quo if the contract is either void or voided by the insane person.
Q:
In a suit against Vladimir over the performance of a contract, Wyler obtains rescission. This is
a. an order to do or to refrain from doing a particular act.
b. an order to perform what was promised.
c. a payment of money or property as compensation.
d. the cancellation of a contract.
Q:
In a suit against Evan, Floyd obtains an injunction. This is
a. an order to do or to refrain from doing a particular act.
b. an order to perform what was promised.
c. a payment of money or property as compensation.
d. the cancellation of a contract.
Q:
Any contract entered into by a person who has been adjudged insane is void.
Q:
In an action against Elin, Frank obtains a remedy. This is
a. an administrative agency's enforcement of its rule.
b. a principle of the law derived from earlier court cases.
c. a statute enacted by a state legislature or Congress.
d. the legal means to recover a right or to redress a wrong.
Q:
The infancy doctrine gives adults the right to disaffirm contracts they have entered into with minors.
Q:
The infancy doctrine gives minors the right to disaffirm most contracts they have entered into with adults.
Q:
In a suit against Corbin, Donatella obtains damages. This is
a. an order to do or to refrain from doing a particular act.
b. an order to perform what was promised.
c. a payment of money or property as compensation.
d. the cancellation of a contract.
Q:
Past consideration is sufficient consideration to support a new contract.
Q:
As a judge, Nina decides cases that involve principles of various sources of law. Common law is
a. administrative law.
b. case law.
c. civil law.
d. statutory law.