Reference no: EM13835971

Question 1  Strict liability is liability regardless of fault.

True

False

Question 2  Implied contracts are not created by conduct.

True

False

Question 3  Consideration is necessary for a charitable subscription to be binding.

True

False

Question 4  Bidding at an auction is usually not considered to be an offer.

True

False

Question 5  Encouraging free competition to promote economic growth is a function of the law.

True

False

Question 6  Under UCC section 2-205, firm offers are only made by merchants and do not require consideration.

True

False

Question 7  A poster advertising a reward for capturing a criminal constitutes an offer.

True

False

Question 8  Generally, offers to sell something at a certain price are revocable at any time.

True

False

Question 9  Settlement and arbitration are examples of ADR.

True

False

Question 10  The same act can result in both criminal and civil liability.

True

False

Question 11  Variations of the Golden Rule appear in all world cultures.

True

False

Question 12  According to the principle of federal supremacy and the U.S. Constitution, federal law always defeats conflicting state law.

True

False

Question 13  Only duress can make a contract voidable.

True

False

Question 14  An option contract can be created without consideration.

True

False

Question 15  Death of a party before acceptance terminates the offer.

True

False

Question 16  Under the mailbox rule, acceptance is not effective until it is received.

True

False

Question 17  Kant's categorical imperative is an example of a justice theory of ethics.

True

False

Question 18  An intoxicated person can get out of a contract made while intoxicated regardless of whether the other person knew that he/she was drunk.

True

False

Question 19  Appellate courts hear issues of law.

True

False

Question 20  The burden of proof in a civil trial is beyond a reasonable doubt.

True

False

Question 21  Using enumerated powers, the courts can find acts by the legislative and executive branches unconstitutional.

True

False

Question 22  An ad in the classifieds stating "British shorthair kitten for sale, $800" is not an example of an offer.

True

False

Question 23  In order to prove a negligence claim, the plaintiff must prove: duty, a breach of that duty, causation, and injury to the plaintiff.

True

False

Question 24 A contract where one or more of the parties has the right to cancel the contract is called:

an option contract

an offer

a voidable contract

a void contract

Question 25 According to the mirror image rule,

Silence is acceptance.

A counteroffer is not acceptance.

Acceptance can only be in writing.

Acceptance is valid only if written backwards so you can see it in a mirror.

Question 26  Sean is an invitee on his aunt Allison's beachfront property. Allison owes Sean:

Only to warn him of dangerous on-premises conditions that he is not likely to discover.

A duty to exercise reasonable care to protect him against dangerous on-premises conditions that Allison knows about or reasonably should know about.

Only not to willfully and wantonly injure him on the property.

None of the above.

Question 27 Which of the following is NOT a defense to negligence?

res ipsa loquitor

assumption of the risk

contributory negligence

comparative fault

Question 28 Our common law came to America from which group of European settlers?

German

English

Chinese

French

Question 29 Posh Pepper, a rap musician, is dangled by his ankles four stories high until he agrees to share his copyright royalties with rap musician Patricia Paprika. This contract is an example of ___________?

Unilateral mistake

Duress

Misrepresentation

Undue influence

Question 30 Damages awarded to reimburse an injured plaintiff for lost wages and medical expenses are called ________.

Punitive

Exculpatory

Compensatory

Executory

Question 31 George is selling his house. He received an offer from Katie for $200,000 but decided to counter-offer for $210,000. What does that do to the original offer?

Katie is still bound by her original offer of $200,000.

George is bound by the original offer of $200,000.

Katie will pay $210,000.

Neither George nor Katie are bound by the original offer of $200,000.

Question 32 The _____________ answers the complaint.

Plaintiff

Defendant

Appellant

Offeror

Question 33 Which one is a function of the law?

Peacekeeping

Promoting social justice

Protecting the environment

All of the above

Question 34 Criminal law is based on _______.

Statutory law

Contract law

Civil law

Question 35 An example of an intentional tort would be _________.

False imprisonment

Negligence

Strict Liability

All of the above

Question 36 What is the issue in Sumerel v. Goodyear Tire & Rubber Company on the text?

Whether there was adequate consideration.

Whether the parties had the capacity to contract.

Whether the emails constituted an offer.

Who is the plaintiff?

Question 37 When briefing a case, the question the court had to decide is known as the issue answer

procedural history

brief

Question 38 A minor can rescind most contracts. This right to rescind is referred to as _________________?

Right of Emancipation

Right to Disaffirm

Right to Ratify

Capacity to contract

Question 39 Skip to question text.
Juliet, age 14, purchased 5 chickens from Bob at a price of $30 per chicken for a 4-H project. She later decided she didn't want to do the project. She told Bob that she wasn't going to pay him although he had delivered the chickens. Also, one chicken died, so she only had 4 chickens. Which of the following is true?

Juliet is still liable to Bob for $150.

Juliet must return the 4 remaining chickens to Bob.

Bob is liable to Juliet for $30.

Juliet must return the 4 remaining chickens and pay Bob $30 for the chicken that died.

Question 40 In a __________ contract, a promise is made by only one party to the contract.

Bilateral

Unilateral

Voidable

Express

Question 41 A contract to steal gold from Fort Knox would be _____?

void

voidable

valid

executed