Legal Concepts and Principles
____1.The term that refers To the authority of a court to hear a particular case is called
a. | jurisprudence | c. | juris authoritis |
b. | judicata | d. | jurisdiction |
____2.The ability of A court to hear disputes regarding property located in a particular state is Called
a. | in rem jurisdiction | c. | in properterium jurisdiction |
b. | in personum jurisdiction | d. | in state jurisdiction |
____3.The first paper Filed in order to commence a lawsuit is called
a. | initiation | c. | commencement |
b. | complaint | d. | plea |
____4.The process of selecting Jurors is called
a. | voir jure | c. | voir actus |
b. | voir selectus | d. | voir dire |
____5.In a civil Trial, the standard for prevailing on evidence is
a. | preponderance | c. | beyond a reasonable doubt |
b. | clear and convincing | d. | determined by the judge |
____6.Joe and Jody Are married in Florida.They move to Georgia.Georgia must recognize the Marriage by
a. | privileges and immunities Clause | c. | commerce clause |
b. | full faith and credit clause | d. | none of the above |
____7.States have the Power to regulate all of the following except
a. | health | c. | commerce |
b. | morals | d. | safety |
8.Eric and Pat arena a dispute over a Contract.Pat sues Eric.Before trial, they appeal in a non-judicial Forum in which they each can call witnesses and present evidence.They are most likely involved in:
a. | mediation | c. | mini trial |
b. | arbitration | d. | none of the above. |
____9.LeBron and Dwayne enter into a contract for the sale of a ring.LeBron does not have one.Dwayne travels from his home in Miami to MeetLeBron in NY.LeBron’s home is in Akron.They sign the contract in NY.He finds flaws with the ring while in NY, has It appraised, and demands a refund.Dwayne says no.
LeBron returns home and sues Dwayne in Ohio Circuit court.A likely Result is:
a. | the court has jurisdiction Because LeBron lives in Ohio. | c. | the court does not have Jurisdiction because Dwayne did not travel to Ohio |
b. | The court has jurisdiction Because Dwayne traveled to sign the contract | d. | the court does not have Jurisdiction because the breach did not occur in Ohio. |
____10.The Food and Drug Administration passes a rule stating that all analgesics must be in red Containers.The rule takes effect in 30 Days.The rule is
a. | valid | c. | invalid because the FDA needs Congressional approval |
b. | invalid because the FDA cannot Regulate packaging. | d. | invalid as being overly Burdensome on the industry. |
____11.NBC airs the Super Bowl.Before the game, they Interview Chad Ochonada.Ochonada is Known for saying outrageous things in interviews.During the live interview, Ochonada utters Words not proper for broadcast.The FCC Fines NBC.The fine is most likely
a. | valid because Ochonada had a History of saying similar phrases | c. | invalid because the FCC has no Authority to fine |
b. | invalid because NBC had no idea That Ochonada would say | d. | valid because NBC could have Taken reasonable measures to prevent the broadcast of the words |
____12.Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted Into law. If BMC’s policy conflicts with the U.S. Constitution, a law embodying It can be enacted by
a. | any state legislature and Congress. | c. | Congress but not any state Legislature. |
b. | any state legislature but not Congress. | d. | none of the choices. |
____13.Congress enacts A law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii’s law will most likely be
a. | rendered invalid under the supremacy clause. | c. | struck down under the taxing And spending clause. |
b. | rendered valid the equal Protection clause. | d. | upheld under the commerce Clause. |
____14.Minnesota enacts A statute to ban advertising in “bad taste.” This statute would likely be held By a court to be
a. | an unconstitutional restriction of speech. | c. | justified by the need to Protect individual rights. |
b. | constitutional under the First Amendment. | d. | necessary to protect state Interests. |
____15.Tony, a resident Of Illinois, owns a commercial building in Indiana. A dispute arises over the Ownership of the building with Jason, a resident of Kentucky. Jason files a Suit against Tony in Indiana. In this suit, Indiana has
a. | diversity jurisdiction. | c. | in rem jurisdiction. |
b. | in personamjurisdiction. | d. | no jurisdiction. |
____16.Administrative Agencies enact
a. | Laws | c. | Statutes |
b. | Rules | d. | both a and c |
____17.Randy offers to Pay Quick Delivery (QD) $50 if it picks up and delivers to him a package from His accountant Rupert within 30 minutes. QD can accept the offer only by Meeting the deadline. If QD performs as directed, these parties will have
a. | a bilateral contract. | c. | a trilateral contract |
b. | a unilateral contract | d. | no contract |
____18.Bill offers to Sell his Consumer Service Center business to Dina for $100,000. Dina replies, “The price is too high. I will buy it for $90,000.” Dina has
a. | accepted the offer. | c. | rejected the offer and made a counteroffer |
b. | made a counteroffer without Rejecting the offer | d. | rejected the offer without Making a counteroffer |
____19.Bill offers to Sell his Consumer Service Center business to Dina for $100,000. Dina replies, “The Price is too high. I will buy it for $90,000.” Bill says, no way.Dina says, OK, I’ll buy it for $100,000.What is the result?
a. | They have a binding contract For $100,000. | c. | The offer has been rejected and there is no Binding agreement. |
b. | They have a binding agreement, But need a new contract. | d. | The offer has been rejected and They have a binding agreement. |
____20.Intoxicated but Fully aware of the consequences, Uri agrees to a contract to sell the family Farm at more than the average market price. The contract was written by Uri on A napkin and contains the name of the farm, location, acreage, down payment, Price, and the name of the resident pig included in the sale.Uri received the down payment while Intoxicated.This contract is
a. | not enforceable because Contracting parties can change their minds | c. | not enforceable because Uri was Intoxicated when he agreed to it |
b. | enforceable | d. | not enforceable because Intoxication negated the meeting of the minds. |
____21.Dwayne agrees to Cut Pat’s lawn.Dwayne and Pat have what Type of contract
a. | Bilateral | c. | subsequent |
b. | unilateral | d. | Labor |
____22.Mitchtells Mark, “I might sell you the skis that I Bought last fall since I haven’t used them and the skiing season is almost Over.” This is
a. | an acceptance of an offer | c. | an offer |
b. | an invitation to accept an Offer | d. | a statement of future intent |
____23.Mitchtells Mark, “I might sell you the skis that I Bought last fall for about $200 since I haven’t used them and the skiing season Is almost over.” Mark says, I accept.”This is
a. | an acceptance of an offer | c. | an offer and acceptance |
b. | an invitation to accept an Offer | d. | a statement of future intent |
____24.Todos Ltd. Agrees to supply United Steel, Inc., with minerals from Venezuela. When the Venezuelan government is unexpectedly overthrown in a coup, Todos can obtain The goods only at a much higher price. United agrees to modify the contract, But later files a suit to enforce the original price. The court will most Likely rule that
a. | a change in government is a Risk ordinarily assumed in business. | c. | Todos engaged in extortion or The so-called holdup game |
b. | an unforeseen difficulty Supported this contract modification | d. | Todos had a preexisting duty to Supply the goods at the initial price |
____25.Maroone offers To sell Sophie, who is seventeen years of age, a car about which Rally Intentionally misrepresents several material facts. In reliance on the misrepresentations, Sophie buys the car. To prove fraud in this transaction, Sophie would have to Show that
a. | Maroone intentionally deceived Sophie | c. | Sophie does not know anything about cars |
b. | Maroone made statements that Were obviously exaggerated | d. | Sophie is under eighteen years of age. |
____26.Caleb is a Witness in a controversy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an administrative law judge if he is Served with
a. | an order for specific Performance. | c. | asubpoena ad testificandum. |
b. | a rule for parol evidence. | d. | a subpoena duces tecum. |
____27.We-NR-Dog (Dog)
Contracts to deliver
500 boxes of hot dogs to Food Shop (Shop) on June 30, 2012.The dogs are to be all beef, kosher hotdogs.
Each box has 50 hot dogs and each box costs $20.
On June 22, Dog calls Shop and Says that they cannot deliver on June 30, but may be able to deliver later in The week.
Concerning, Dog, which is Correct:
a. | Dog has committed a minor Breach | c. | Dog has committed a material Breach |
b. | Dog has the option of novation | d. | Dog must be given the opportunity to Perform. |
____28.We-NR-Dog (Dog) Contracts to deliver 500 boxes of hot dogs to Food Shop (Shop) on June 30, 2012.The dogs are to be all beef, kosher Hotdogs. Each box has 50 hot dogs and each box costs $20.
On June 22, Dog calls Shop and Says that they cannot deliver on June 30, but may be able to deliver later in The week.
Concerning, Shop, which is Correct:
a. | Shop can file a breach of Contract lawsuit on June 22 | c. | Shop must wait until June 30 Deadline has passed and file a lawsuit on July 1. |
b. | Shop must wait until June 30 to File a lawsuit | d. | Shop must wait until July 5, the Day after Independence Day because the purpose of the contract was to have Hotdogs to sell for Independence Day. |
____29.We-NR-Dog (Dog) Contracts to deliver 500 boxes of hot dogs to Food Shop (Shop) on June 30, 2011.The dogs are to be all beef kosher Hotdogs. Each box has 50 hot dogs and each box costs $20.
On June 22, Dog calls Shop and Says that they cannot deliver on June 30, but may be able to deliver later in The week.
Concerning, Dog, which is Correct:
a. | Shop can file a suit and is not Requires to take any action. | c. | If Shop purchases hot dogs from Another vendor, Shop cannot sue Dog. |
b. | If Shop tries to purchase hot Dogs from another vendor, they cannot sue Dog. | d. | Shop has an affirmative duty to attempt to Mitigate the loss. |
____30.We-NR-Dog (Dog) Contracts to deliver 500 boxes of hot dogs to Food Shop (Shop) on June 30, 2010.The dogs are to be all beef, Kosher hotdogs. Each box has 50 hot dogs and each box costs $20.
On June 24, Dog calls Shop and Says that they cannot deliver on June 30, but may be able to deliver later in The week.On June 25, after the call, Shop searches for and contracts to purchase hot dogs from another vendor.On June 25, Dog calls and says that they can In fact deliver.Shop tells Dog that the Deal is off and other hot dogs are being delivered.
Concerning, Dog, which is Correct:
a. | Dog will be successful for suit For breach of contract. | c. | Dog can sue and demand specific Performance |
b. | Shop will be successful if Dog Sues for breach of contract | d. | Shop will be required to prove it has a Better deal with the new vendor. |
____31.Flow R Now (Now) Contracts to deliver 1000 boxes of long stemmed roses to Flow R Shop (Shop)on February 9, 2012.The roses are to be 20-inch stem. Each box Has 20 roses and each box costs $20.
On February 5, Now calls Shop and Says that they cannot deliver on Feb. 9, but may be able to deliver later in The week.
If Shop calls another vendor and Is able to purchase the roses, this is called
a. | cover | c. | specific performance |
b. | novation | d. | anticipatory repudiation |
____32.Flow R Now (Now) Contracts to deliver 1000 boxes of long stemmed roses to Flow R Shop (Shop)on February 9, 2012.The roses are to be 20-inch stem. Each box Has 20 roses and each box costs $20.
On February 5, Now calls Shop and Says that they cannot deliver on Feb. 9, but may be able to deliver later in The week.
If Shop sues Now on Feb. 5, the Lawsuit by Shop is based on
a. | cover | c. | specific performance |
b. | novation | d. | anticipatory repudiation |
____33.Flow R Now (Now) Contracts to deliver 1000 boxes of long stemmed roses to Flow R Shop (Shop)on February 9, 2012.The roses are to be 20-inch stem. Each box Has 20 roses and each box costs $20.
On Feb. 8, Now ships 800 boxes of Roses with 20-inch stems, and 200 boxes of roses with 12-inch stems.
Shop can do which of the Following
a. | reject them all | c. | accept any amount of whole box Quantities |
b. | accept them all | d. | all of the above |
____34
Flow R Now (Now) contracts to Deliver 1000 boxes of long stemmed roses to Flow R Shop (Shop)on February 9, 2012.The roses are to be 20-inch stem. Each box Has 20 roses and each box costs $20.Shop has been able to sell 20,000 roses every Valentine’s Day for the Previous 5 years for $3.00 each
On February 5, Now calls shop and Say that they cannot deliver on Feb. 9, but may be able to deliver later in the Week.
On Feb. 6, Shop calls Miamibeachflowers.Com and contracts for the purchase of 20,000 roses having 20-inch stems, for $2.00 per rose, delivery on Feb. 10.On Feb. 9, Now calls Shop and says they can Deliver tomorrow.Shop says, no thanks.
Which is correct?
a. | Shop can sue, and would likely Be awarded $20,000 for lost profits. | c. | Shop can sue and would likely Be awarded $40,000, including the value of the contract, lost profits and Punitive damages. |
b. | Shop can sue and would likely Be awarded $30,000, which is the value of the contract. | d. | Shop can sue and would unlikely Receive any award because Now attempted to remedy the breach. |
____35.The mailbox rule applies to
a. | U.S. Mail only | c. | U.S. Mail, FedEx or Fax |
b. | U.S. Mail and FedEx | d. | Any reasonable manner of acceptance |
____36.Pakistan giving effect to the laws and court Decisions of the United States is an application of
a. | the act of state doctrine. | c. | the principle of comity. |
b. | the doctrine of sovereign Immunity. | d. | the World Trade Organization. |
____37.Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization
a. | adopts uniform laws for the States. | c. | drafts uniform laws for adoption by the states. |
b. | applies uniform laws to the States. | d. | imposes uniform laws on the States. |
____38.SP files a suit Against FB in circuit court of Miami-Dade County.FB defends and asserts that a prior court Case in Miami-Dade County had similar facts and should be applied by the Court.FB is asking the court to apply The principle of
a. | stare decisis | c. | prioris decisionis |
b. | res ipsa loquitor | d. | none of these |
____39.Jeff wants to initiate a suit against Fast Freddy Credit Company by filing a complaint. The complaint should include
a. | an explanation of the proof to Be offered at trial. | c. | a motion for judgment on the Pleadings. |
b. | a motion for judgment n.O.V. | d. | a statement of the facts and request for relief |
____40.Kevin and Paul Sign a contract that provides that if a dispute arises, they will submit to Arbitration. A dispute arises, but before it goes to arbitration, Jane files a Suit against Kristy. The court will likely
a. | order the parties to arbitrate. | c. | hear the suit without ordering the parties To arbitrate. |
b. | hear the suit and then order The parties to arbitrate. | d. | order relief without hearing the suit or Compelling the parties to arbitrate. |
____41.Superior Corporation engages in ethical behavior solely for the purpose of getting good Publicity and thereby increasing profits. Superior is
a. | acting unethically in its Pursuit of publicity. | c. | acting unethically in its Setting of priorities. |
b. | acting unethically in its Pursuit of profits. | d. | not acting unethically. |
____42.Ollie’s barbeque Operates a single restaurant in Atlanta, GA.Ollie’s asserts that they do not advertise or market to customers out of Atlanta.But, they purchase beef from Texas.
Ollie’s is
a. | exempt from Congressional Regulation because they only engage in intrastate commerce | c. | Not exempt from Congressional Regulation because they are an instrumentality of interstate commerce. |
b. | exempt from Congressional regulation Because they only have minimal contacts with Texas | d. | not exempt from Congressional Regulation under the full faith and credit clause of the Constitution. |
____43
Ben, a citizen of Maryland, Obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial Fishing in the bay. The state law most likely violates
a. | the supremacy clause. | c. | the commerce clause. |
b. | no provision in the U.S. Constitution | d. | the due process clause. |
____44.The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and Other administrative agencies can conduct warrantless searches in
a. | all industries. | c. | no industries. |
b. | highly regulated industries. | d. | newly regulated industries Only. |
____45.Jim is indicted. Before he is arrested, he confesses to the crime in a conversation with Kelly, The arresting officer. Kelly then arrests Jim and advises him of the right to Counsel. Jim waives the right and repeats his confession. Later, Jim claims That his initial statement should be excluded as evidence from his trial.The statement will most likely be
a. | admitted because Jim knew he Did the crime and confessed. | c. | excluded because it was elicited Before Jim was advised of his rights. |
b. | admitted because Jim repeated It after being advised of his rights. | d. | excluded because a confession Is not admissible in a criminal trial. |
____46.Cathy causes a Disturbance at Diners Cafe. She is arrested and charged with disorderly Conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up To
52641
a. | one year. | c. | ten years. |
b. | six months. | d. | thirty days. |
____47.Peter is Detained by Officer Joe for suspicion of plotting to blow up the Drunken Clam.Immediately after Joe detains Peter, a call goes out to the police that a bomb threat was called in at the Drunken Clam.Joe threatens Peter and Demands to know where the bomb is located.Peter panics and confesses.The Bomb is found, successfully defused, and Glenn celebrates by buying beer for All ladies at the Drunken Clam.
Peter is charged with planting The bomb.Peter’s confession is
a. | inadmissible, because Peter Could not have phoned in the bomb threat | c. | admissible as a public safety Exception to the reading of his Miranda rights |
b. | admissible, because Peter was Guilty and knew the location of the bomb | d. | inadmissible because Peter was never read His Miranda rights. |
____48.Dave points a Gun at Eton, threatening to shoot him if he does not steal from his employer, First National Bank, and give the stolen funds to Dave. Charged with theft, Eton can successfully claim, as a defense:
a. | consent. | c. | entrapment. |
b. | duress. | d. | self-defense. |
____49.Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, However, the firm must use all of the potential administrative remedies. This Is
a. | an actual controversy at issue. | c. | the exhaustion doctrine. |
b. | standing to sue. | d. | the ripeness doctrine. |
____50.An offer may be accepted
a. | Only in person. | c. | By any reasonable means |
b. | Only by U.S. Mail | d. | Only in writing |