A crime under u.s. laws-the prosecution typically

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Reference no: EM131079458

Which of the following is a false statement?

	A.	An option is irrevocable during the option period.
	B.	An offer made in jest or as a joke where a reasonable person would conclude that it was made in jest or as a joke cannot result in a contract.
	C.	The offeror is the party to decide whether to accept the offer and thus make a contract.
	D.	A contract remains executor as long as any party to the contract has not fully performed.

As to all tort lawsuits:

	a.	There must be a legal duty owed to the plaintiff by the defendant.
	b.	There must be the intent to harm by the actor.
	c.	There must be the showing of a defect.
	d.	None of the above.

Which of the following is a true statement?

	A.	Excuplatory clauses in contracts are typically upheld by the courts.
	B.	A non-compete agreement in the contract for the sale of a business will not be found to violate public policy if it meets the tests of reasonableness.
	C.	All gambling agreements are illegal contracts since gambling is immoral.
	D.	The age of majority for contracting in most states is 35.

Which of the following is a false statement?

	A.	As a general rule, collateral or secondary promises must be in writing to be enforceable.
	B.	A guaranty contract situation involves three parties.
	C.	To be sufficient under the Statute of Frauds the contract must be signed only by the party who is bringing the lawsuit to enforce the contract.
	D.	Under the doctrine of Promissory Estoppel, a promisor may be prevented from raising the defense of lack of consideration.

Which of the following is not true about limited liability companies?

	Limited liability companies can in some states have only one owner.
	Limited liability company status will ensure tax treatment as a corporation.
	A limited liability company must use the words "limited liability company" in its name or "LLC" or "LC."
	In order to form a limited liability company, articles of organization must be filed with state.

Which of the following is a true statement?

	A.	Fraud by active concealment occurs when a party to a contract fails to disclose all of the known facts about the subject matter of the contract.
	B.	To be actionable for fraud, a misrepresentation must pertain to a future opinion.
	C.	The threat to bring a lawsuit to obtain an agreement can be grounds for duress if the suit is a legitimate one.
	D.	A mutual mistake renders a contract null and void.

To be convicted of a crime under U.S. laws, the prosecution typically must prove the case against the defendant:

	a.	By a preponderance of the evidence.
	b.	By clear and convincing evidence.
	c.	Beyond a reasonable doubt.
	d.	None of the above.

Which of the following is a false statement?

	A.	The requirement of a minimum amount in controversy for federal jurisdiction applies to diversity of citizenship cases.
	B.	The legal requirement of "standing" requires that a plaintiff have a stake in the outcome of a case that is filed.
	C.	In rem jurisdiction can never be grounds to obtain jurisdiction of a lawsuit.
	D.	A forum-selection clause in a contract allows parties to a contract to agree to the jurisdiction of a court that otherwise might have personal jurisdiction.

Which of the following is a false statement?

	An oral defamatory statement must be communicated to a third party to be actionable, but a written one need not.
	An individual's right to privacy includes the exclusive use of his or her likeness.
	Intentionally causing a party to break a contract may constitute the common law tort of wrongful interference with a contractual relationship.
	Under the doctrine of strict liability in the U.S., a defendant may be liable for the results of his or her acts even if he or she did not intend those results.

Powers which the U.S. Constitution does not mention:

	Are held both by the states and the federal government.
	Are reserved to the states.
	Are reserved to the federal government.
	Can be delegated by the U.S. Supreme Court to either the states or the federal government

Reference no: EM131079458

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