Q&A Hero

Q: A preexisting duty is sufficient consideration to support a new contract.

Q: The Federal Trade Commission is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts stat­utes. The Jackson County Board and the Peach City Council enacts or­dinances. Administrative law includes a. all law that affects a business's operation. b. the rules, orders, and decisions of the Federal Trade Commission. c. statutes enacted by the Georgia state legislature. d. ordinances created by the Jackson County Board and the city coun­cil of Peach City, Georgia.

Q: Illusory promises require both parties to perform their contractual obligations.

Q: Krystal is a federal judge. Krystal's judicial decisions are part of case law. This law includes interpretations of primary sources of law. These sources include a. administrative regulations. b. articles in law reviews and other legal journals. c. compilations summarizing court decisions on particular topics. d. legal encyclopedias.

Q: A contract need not arise from a bargained-for exchange.

Q: The U.S. Congress enacts a new federal statute that imposes liability on businesses emitting significant amounts of a certain pollutant into the environment. This statute applies a. only to matters not covered by state law. b. only to those states that adopt the statute. c. to all of the states. d. to none of the states.

Q: Consideration is defined as something of legal value given in exchange for termination of an offer.

Q: The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute a. administrative law. b. case law. c. stare decisis. d. statutory law.

Q: Under the mailbox rule, an acceptance is only effective when it is received.

Q: Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by a. no one. b. the federal government only. c. the state of Hawaii only. d. the United States Supreme Court only.

Q: To meet the mirror image rule, the offeree must accept the terms of the offer without modification.

Q: The legislature of the state of Mississippi enacts a new statute that sets stan­dards for the liability of businesses selling defective products. This statute applies a. only in Mississippi. b. only in Mississippi and its border states. c. in all states. d. in all states but only to matters not covered by other states' laws.

Q: An option contract is terminated upon the death of the offeror.

Q: A counteroffer is considered a rejection of the original offer.

Q: Most state trial court decisions are not published.

Q: A reference to "28 U.S.C. Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code.

Q: A rejection of an offer is not effective until it is actually received by the offeror.

Q: In auction without reserve, the seller is the offeree.

Q: Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

Q: Unless otherwise expressly stated, an auction is considered an auction without reserve.

Q: A substantive law creates or defines legal rights and obligations.

Q: Which of the following is true of a contract in which one of the parties is insane but not adjudged insane? A) The contract is voidable by the competent party. B) The contract is only voidable by the insane person. C) Only the court-appointed legal guardian of the insane person can modify the contract. D) The sane person must be placed in status quo if the insane person voids the contract.

Q: Criminal law focuses on duties that exist between persons.

Q: Which of the following is true of a contract with an adjudged insane person? A) The adjudged insane person is bound by the terms of the contract. B) The contract is void. C) Only the competent party can enforce the contract. D) The competent party is legally obligated to uphold the contract.

Q: A judge's function is to make the law.

Q: In terms of the infancy doctrine, which of the following is true? A) A minor must honor a contract he or she entered into with an adult if the minor had sufficient mental capacity when the contract was formed. B) A minor can disaffirm a contract he or she entered into with an adult. C) A minor cannot enter into a legal contract with another minor. D) A minor cannot elect to enforce a contract he or she has entered into with an adult.

Q: A judge's view of the law is of little importance in a common law legal system.

Q: In terms of contractual capacity, what is the most commonly-recognized age of majority? A) 15 B) 16 C) 18 D) 21

Q: How judges apply the law to specific disputes may depend in part on their personal philosophical views.

Q: Why does an illusory contract lack consideration? A) because the consideration promised is unlawful and therefore void B) because the person promises to perform an act or do something he is already under an obligation to do C) because one or both of the parties can choose not to perform their contractual obligations D) because the compensation paid is for work done in the past

Q: A jury's good sense and careful consideration of consequences is known as jurisprudence.

Q: Which of the following is true of a gift promise? A) A gift promise can be enforced by a court of law. B) A completed gift promise cannot be cancelled for lack of consideration. C) A gift promise contains mutual consideration. D) The promisee can take legal action if the promisor does not fulfill the gift promise.

Q: Common law is the best and only source of legal authority.

Q: Courts often rely on the common law as a guide to interpreting legislation.

Q: A contract is said to have legal value if ________. A) both the promisor and the promisee receive a legal benefit B) the promisor suffers a legal detriment C) the promisee suffers a legal detriment D) the promisee receives a legal benefit

Q: Linear reasoning proceeds from one point to another with the focal point being the conclusion.

Q: The ________ rule states that acceptance is effective when it is dispatched, even if it is lost in transmission. A) silence-as-acceptance B) mirror image C) mailbox D) mutual assent

Q: Which of the following is true of an option contract? A) If the offeree chooses not to buy the property, the consideration paid must be returned. B) The consideration paid for the option cannot be applied to the sale price. C) The death or incompetency of either party terminates an option contract. D) The offer cannot be revoked during the option period.

Q: To reason by analogy is syllogistic reasoning because it employs a syllogism.

Q: Which of the following statements is true about a counteroffer? A) An offeree who makes a counteroffer is still considered the offeree. B) A counteroffer terminates the existing offer. C) A counteroffer can only be made by the original offeror. D) A counteroffer is effective even before it has been received by the original offeror.

Q: There is one right answer to every legal question.

Q: Which of the following is true for an auction without reserve? A) The bidder is considered the offeror. B) The seller need not accept the highest bid. C) The auctioned item cannot be withdrawn from sale. D) The auctioneer is not allowed to establish a minimum bid.

Q: Deductive reasoning involves a main premise, a minor premise, and a conclusion.

Q: Which of the following is true for an auction with reserve? A) The seller retains the right to refuse the highest bid and withdraw the goods from sale. B) An invitation to make an offer is not allowed. C) An auctioned item cannot be withdrawn from the auction after an offer has been made. D) A bid cannot be withdrawn and is legally binding from the moment it is made.

Q: According to the objective theory of contracts, the intent to enter into a contract is judged by the ________. A) doctrine of equity B) legality of the contract C) reasonable person standard D) common law of contracts

Q: A court may depart from a precedent if the precedent is no longer valid.

Q: A decision on a given issue by a court is not binding on an inferior court.

Q: The ________ states that the intent to contract is judged by the reasonable person standard and not by the subjective intent of the parties. A) objective theory of contracts B) common law of contracts C) Restatement of the Law of Contracts D) Restatement (Second) of Contracts

Q: A defendant is a person against whom a lawsuit is brought.

Q: Compare valid, void, voidable and unenforceable contracts.

Q: Remedies in equity include injunctions and decrees of specific performance.

Q: A(n) ________ is an equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed.

Q: Damages is a remedy at law.

Q: A contract is said to be ________ when one or both parties have the option to void the contractual obligations.

Q: Common law is a term for law that is common throughout the world.

Q: A(n) ________ contract is a contract that has not been fully performed by either or both sides.

Q: State agency regulations take precedence over conflicting federal agency regulations.

Q: A contract in which an agreement between the parties is inferred from their conduct is known as a(n) ________ contract.

Q: Congress can only pass legislation that falls within the limits set up by the U.S. Constitution.

Q: An implied-in-fact contract is a contract in which agreement between parties has been inferred from their conduct.

Q: Statutory law does not include county ordinances.

Q: To create an implied-in-fact contract, it must be established that the plaintiff provided the property or services gratuitously.

Q: A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.

Q: An express contract can be stated orally.

Q: Whether a law is constitutional depends on its source.

Q: A contract that has been fully performed by both sides is called an executory contract.

Q: A state constitution is supreme within the state's borders.

Q: A voidable contract is also termed as an unenforceable contract.

Q: Constitutional law includes only the U.S. Constitution.

Q: Which of the following would likely give rise to a quasi-contract? A) an employee receiving his or her paycheck monthly B) two companies signing a business agreement of indefinite duration C) an unconscious man being treated in a hospital emergency room D) a woman hiring a caterer only after the caterer promises to deliver the food on time

Q: A breach of a contract is a failure to perform it.

Q: Kyle goes to a used automobile dealership to buy a truck. He signs an agreement with the dealership that includes a description of the truck, its price, and other details. This is an example of a(n) ________ contract. A) express B) unilateral C) implied-in-law D) implied-in-fact

Q: Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

Q: Stella is injured in a car accident and is transported to the local hospital by emergency personnel. She subsequently passes into a coma. The doctors and other staff perform the necessary medical procedures to save her life. Stella recovers after two months and is discharged from the hospital. Under the doctrine of ________ contract, Stella must pay the hospital for its services. A) implied-in-fact B) express C) quasi- D) formal

Q: In terms of the doctrine of quasi-contract, which of the following statements is true? A) The agreement between the parties to a quasi-contract is inferred from their conduct. B) It is an equitable doctrine intended to prevent unjust enrichment. C) It only applies to situations involving an enforceable contract between the parties. D) It allows a court to award damages to the defendant even though no actual contract existed between the parties.

Q: Which of the following elements must be established to create an implied-in-fact contract? A) The plaintiff provided property or services to the defendant gratuitously. B) The defendant accepted the plaintiff's property or services as payment for an illegal activity. C) The plaintiff made the defendant sign the contract and then changed its terms, identifying the new terms as "retroactively implied." D) The defendant was given an opportunity to reject the plaintiff's property or services but failed to do so.

Q: An oral agreement to purchase a neighbor's bicycle for $250 is a(n) ________ contract. A) void B) voidable C) implied D) express

Q: In terms of a contract's enforcement, which of the following is true? A) A contract is only considered valid if it is enforceable by both parties. B) Parties may voluntarily perform a contract that is unenforceable. C) An unenforceable contract allows at least one party the optionto void his or her contract obligations. D) Void contracts are enforceable in cases involving mutual mistake.

Q: Elizabeth signs a contract to purchase a new car from Quickcash Motors. She has not yet paid for the car, and Quickcash Motors has not yet delivered the car to Elizabeth. This is an example of a(n) ________ contract. A) unenforceable B) executory C) void D) executed

Q: A contract that has been fully performed by one party but not by the other party is a(n) ________ contract. A) void B) voidable C) executory D) executed