Which of the following statements is true of the due process clause?
Which of the following clauses states that Congress shall make no law respecting an establishment of religion?
Which of the following statements is true of the minimum rationality approach?
The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy.
Which of the following statements is true of preemption?
Which of the following statements is true of the regulation of foreign commerce under the commerce clause?
An airport authority resolution declared the central terminal area “not open for First Amendment activities.” The resolution was unconstitutional under the First Amendment
Which of the following classifications is subject to a rational-basis test?
The right of redemption allows a mortgagor, before foreclosure, to get back land upon payment of the full amount of the debt.
Vincent keeps his bag of books and magazines at his friend’s storeroom, as he believes that he will not be using it for a few months. This is an example of a(n)
Sarah has given 24 acres of land to Kent County as long as the land is used as a park. In this case, Kent County has a
An easement by prescription ceases to exist when one person uses another person’s land by crossing it wrongfully and using the land for a continuous period of 20 years.
Which of the following statements is true about concurrent ownership?
Mike repaired Rosie’s car, and Rosie refused to pay the bill. Mike was still in possession of the car and therefore could claim a mechanic’s lien on the car.
A(n) ______ means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse, such as digging a ditch that would cause the land on your side to collapse.
Which of the following exclusively applies to real property?
Aria asks Jessica if she can borrow an outfit for an office party and Jessica agrees. When Aria picks an outfit, Jessica refuses to give it to her. Which of the following statements is true of this situation?
Contracts are legally enforceable promises.
Shane wants to sell his car. He accepts Layla’s offer and sells the car at $15,000. Layla is the offeree.
A unilateral contract is an agreement containing mutual promises.
Which of the following terms refers to a person’s ability to be bound by a contract?
In which of the following cases does the legal power of the offeree to bind the offeror end?
Under the Uniform Commercial Code (UCC), all contracts and contract offers must have consideration.
Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention the prices. The server takes their order and both Fred and Betty enjoy the meal immensely. When the bill arrives, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating an offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked, “What may I get you tonight?” In the context of this scenario, which of the following statements is true?
Which of the following states that parties to a complete and final written contract cannot introduce oral proof in court that changes the intended meaning of the written terms?
According to the Uniform Commercial Code, if a contract involving a buyer and a seller makes no statement about delivery, the presumption is
Liquidated damages can simplify disputes when a breach occurs.
Sheila contracted her friend Susan to paint her house for $3,000. Sheila did this as a favor to Susan as Susan was unemployed. Before she could finish the job, however, Susan got a job at a marketing company, which meant that she could not complete her contract. As Susan is her friend, Sheila decided not to enforce the contract, and she let Susan keep the $1,000. This scenario is an example of a(n)
A party that has materially breached a contract can sue the other party for performance.
is a level of performance below what is reasonably acceptable.
If printed form contracts have additional typed terms that contradict the printed terms, courts interpret printed terms to control typed terms.
Shelly is a week late in paying her rent. She requests her landlord, Craig, not charge her the late payment fees, and Craig agrees. This is an example of a waiver.
The news media are liable for the defamatory untruths they print about public officials and public figures even if the defendants prove that they were published without malice or without any disregard for the truth.
Design defects occur when a product is manufactured according to a manufacturer’s standards, but the product injures a user due to its unsafe design.
Strict products liability applies to ______.
Legally, a tort is any civil wrong other than a breach of contract.
Many advertisers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In such situations, which of the following torts has been committed by the advertisers?
In its application for proximate causation, foreseeability has come to mean that the plaintiff must have been one whom a defendant could reasonably expect to be injured by a negligent act.
Which of the following terms represents the proposition that a negligent party is legally liable only for the foreseeable risk that they cause?
The tort of trespass arises only when a defendant damages the property of a plaintiff.
Which of the following states that parties to a written contract may not introduce oral evidence to change written terms?
The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called acts.
Which of the following is an example of a tortious act in the scope of employment?
Which of the following defenses used in the case of strict product liability states that the product met the prevailing industry standards at the time of its manufacture?
John rents a movie from Video Rental Co. but instead of returning it he lends it to Sam whose case the movie is destroyed. What tort did John commit?
Which of the following terms represents the legal responsibility for injury-causing behavior that is neither intentional nor negligent?
In a negligence suit, a plaintiff must prove that:
A contains a specific promise and specific demand.
The doctrine of part performance creates an exception to the requirement that sales of interests in land must be in writing.
A libel is used to recover damages as a result of transitory statements.
Snow Crystals Inc., a leading skate park construction company, had constructed a skate park with a charter in the state of Alaska. A few years later, when the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park was already constructed, the proprietors of Snow Crystals claimed that the state authority had broken its agreement with Snow Crystals, and thus the contract had been violated. The owners claimed that the charter had implied exclusive rights to Snow Crystal, Inc. Which of the following should be applied to enable Snow Crystals Inc. avail justice?
The creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States.
A gift is made through will. The rules of such a gift pass ownership not by delivery but upon the death of the donor and the proving of a valid will that specifies the gift.
Which of the following is true of a waiver?
A fee simple absolute represents restricted, limited ownership of personal property.
Damages are awarded by the court to the plaintiff for a breach of contract which causes no financial injury to the plaintiff
Easements by prescription pertain only to land around hospitals.
Danny has give pit bull dogs. They bark constantly and terrify the neighbor, Terry. When Terry tries to sell his house, no one will even look at it for fear of the dogs. If Terry takes Danny to court, what should he claim that Danny has established.
Which of the following terms represents the proposition that those engaged in an activity causing negligence are legally liable only for the foreseeable risk that they cause?
The courts enforce the concept of to remedy situations of unjust enrichment.
A lien arises when someone contributes materials and/or services to real estate, usually a building, and is not paid.
Kylie hosts a party inviting her best friend Minnie as well. Minne aware that Kylie has a pet dog, and is also friendly with it. However, during the party, Kylie’s dogs attacks Minnie, injuring her. Minnie holds Kylie responsible for the attack and files a suit against her. Which of the following defense can Kylie use against the suit?
Tony’s Carpets wants to charge $9.80 a yard for installing a carpet for Serenity Bookstore, but accidentally stakes $8.90 a yard in the bid. Serenity bookstore accepts Tony’s bid. Tony’s carpets made a mistake.
Which of the following is true of punitive damages?
A contract is an agreement when one party has the right to withdraw from the promise made without incurring any legal liability.
Which of the following is true of the doctrine of respondeat superior?
The test is used if the classification involves either a suspect class or a fundamental constitutional right.
A valuable object given by a debtor to a creditor to secure a loan is referred to as the
A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the objectives of Congress.
Which of the following involves an intentional misstatement of a material fact that induces one to rely justifiably to his or her injury?
The negligence of professionals is called
The Second Amendment consists of the
Which of the following is an example of wilful and wanton negligence
If a debtor overpays a creditor $5,000, the debtor can force the creditor to return that amount by suing under quasi-contract.
Which of the following is an exception to the parol evidence rule?
A purchase money security interest creates a perfected interest without the need to put a document on public record.
A contract is one that appears to be an agreement but lacks an essential requirement for validity and enforceability.
Polly secured a good grade with a 4 GPA in her admission test. However, she was denied admission by a management school. Hence, she filed a suit that the school had discriminated against her on the basis of race; that she was rejected because the school used race as an important factor, giving applicants belonging to minority groups a greater chance of admission than students with similar credentials from disfavoured racial groups. Which of the following approaches should be applied to solve Polly’s case?
Quasi-scrutiny tests are made on cases involving classifications based on
The publishing business is the only organized private business given explicit constitutional protection.
A con ict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress.
Strict scrutiny tests are applied to cases involving classi cations based on
The establishment clause and the free exercise clause guarantee freedom of religion through the separation of church and state.
A state law imposed additional restrictions on companies in hiring foreign workers. The Supreme Court held that the state law violated the federal immigration law and declared the law unconstitutional. In this case, which of the following supports the act of the Court?
A major area of litigation involving freedom of the press involves defamation.
a tort theory, is used to recover damages as a result of printed defamation of character.
Under the strict scrutiny test, a classi cation will be a denial of equal protection unless the classi cation is necessary to achieve a compelling state purpose.
Zoning ordinances apply to types and locations of physical structures but not to aesthetic characteristics such as color and exterior design.
Foreclosure means that the court will order the land sold to satisfy the debt owed, usually by auction to the highest bidder, with any excess after payment of what is owed to the secured creditor going to the debtor.
In many states, if foreclosure and auction does not produce enough money to satisfy the debt owed by the mortgagor, the creditor‐mortgagee can still sue the debtor for the balance owed, called a(n)
If one of the joint tenants in a joint tenancy dies, the remaining tenant becomes the sole owner of the entire resource.
Vincent conveys his land to his friend “as long as it is used for non‐commercial purposes.” A few months later, Vincent nds out that his friend has been using the land as a parking garage for tourists and charging unreasonable rates. In this case, Vincent’s friend would most likely be in violation of the
Ruth is visiting her granddaughter Marcy and decides to give Marcy her very expensive cameo brooch. The brooch, an heirloom, has been in the family for over 100 years and is the only item in a safe in Ruth’s home. Ruth o ers the brooch to Marcy who accepts it. Ruth then gives Marcy the only key to the safe. According to the information given, which of the following statements is true?
Public nuisance claims may be brought only by a public o cial, not private individuals, unless the latter have su ered some special damage to their property as a result of the public nuisance.
A ______ promises the grantee that the grantor has good ownership and the full power to convey it.
Brandie is facing nancial di culties. Warren wants to help Brandie, and tells her that he will loan her $1,000. Later, Warren refuses to loan the promised money to Brandie. In the context of this scenario, which of the following statements is true?
Which of the following statements is true about the laws under the Uniform Commercial Code (UCC)?
Fixman Inc. agrees to renovate Melanie’s house for $50,000. During the renovation, Fixman demands an additional $10,000 to complete the work, to which Melanie agrees. Fixman can sue Melanie if she fails to pay the additional amount.
Ana o ers Corey her vacuum cleaner for $300. Corey rejects the o er, so Ana promises to sell the vacuum cleaner to Abey. However, a day later, Corey decides to buy the vacuum cleaner and informs Ana of his acceptance. Ana must sell the vacuum cleaner to Corey.
Under the Uniform Commercial Code (UCC), all contracts and contract o ers must have consideration.
A(n) ______ is one that appears to be an agreement but lacks an essential requirement for validity and enforceability.
A(n) ______ is one when parties have not performed their agreement.
Madison promises Grace $10 if Grace collects her dry cleaning for her. This is an example of a(n) ______ contract.
According to the Uniform Commercial Code, which of the following statements is true of a destination contract?
Saddler Inc. makes high quality leather seats for racing bicycles and sells them to many of the top bicycle manufacturers. There are eight available sources of the type of leather that Saddler uses, and all of them are located in the Republic of Anaerobia. Saddler has always dealt with only one company in the Republic of Anaerobia primarily due to its reasonable cost. Zappit Inc. has a contract with Saddler for 10,000 seats. Zappit has just received a letter from Saddler explaining that due to political turmoil in Anaerobia its supplier cannot export the product. Therefore, Saddler cannot complete the contract. Which of the following is most likely to be true in this scenario?
Liquidated damages constitute a penalty for breach of contract.
Michael signs a contract with Bill to deliver handmade chairs to him. While making the chairs, Michael injures his hand which causes him to default on the delivery. Bill can now sue Michael for breach of contract due to nonperformance.
It is illegal for the parties to printed form contracts to type or handwrite additional terms.
Oral evidence that changes the meaning of written terms can be given if necessary to prevent fraud.
A similarity between a waiver and a release is that
Meiko ordered a ferret from an online pet store, Pet101. Before Pet101 can deliver the ferret, the government bans the ownership of ferrets as pets. Now, Pet101’s contractual obligation is excused due to impossibility of performance.
Jack injures his ankle and is taken to a hospital. Airi, a doctor, applies a cast to Jack’s injured ankle. Airi warns Jack not to exert pressure on his injured leg until the cast is removed. Jack ignores Airi’s advice and injures his leg again when playing basketball while still having the cast. Jack les a malpractice suit against Airi claiming that she did not set the cast properly. Which of the following defenses is Airi most likely to use in this scenario?
Juries frequently use state‐adopted life expectancy tables and present‐value discount tables to help them determine the amount of compensatory damages to award.
One is not liable for another’s injury unless he or she has a duty toward the person injured.
Barry, the CEO of Trenton Corp., claims that their competitor, BMN I2n.c5.,osuitmopfly5 points produces a modi ed version of Trenton’s product. He also publicly claims that BMN’s products are poor in quality. If the claims made by Barry are untrue, BMN Inc. can sue Barry for the tort of
In most states, the courts impose strict liability in tort for types of activities they call ultrahazardous.
Production defects arise when products are not manufactured to a manufacturer’s own standards.
Which of the following statements is true of fraud?
Which of the following is a defense under strict products liability?