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The 5th Amendment to the Constitution provides Robert, an employee of Mattax Paper Co., due process protection from being fired without a hearing by a neutral fact finder. T/F?
The Pines, a small motel in central Georgia, may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states. T/F?
The legal system in the United States is considered: an adversary system b/c?
The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.
The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in
whether a case is being heard for the first time.
Rhode Island has one federal district court. In each other state, there
is at least one federal district court.
Mary files a suit against Albert, At the trial each party's attorney presents the Party's case before a judge and jury who hears the dispute and renders a legally binding decision. This is
Sid files a suit against Tina. Before going to trial, the parties meet to try to resolve their dispute through compromise and agreement. A third party helps them to reach an agreement. This is
Mike files a suit against Kay. Before going to trial, the parties meet to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is
Which type of law involves incidents in which someone commits an act against the public as a unit?
The defendant should respond to a complaint / petition with an answer. T/F?
Appellate courts primarily handle / decide what?
Questions of law
Courts are generally critical and unsupportive of ADR methods. T/F?
The U.S. Constitution allocates the power of the federal government among _____ branches of government.
The doctrine of preemption is based on the Constitution's:
Generally, constitutional protections do NOT apply to:
acts of privately owned businesses
The Massachusetts state legislature enacts a law that directly conflicts with a federal law. The state law will be rendered invalid under
the supremacy clause
establishes duties, the violation of which are a wrong against society… are designed to prevent harm to society by defining what constitutes criminal conduct and then establishing the punishment for it … the defendant’s guilt must be proven beyond a reasonable doubt … (a defendant doesn’t have to testify and he won’t be held against if you don’t testify)
branch of substantive which deals with the rights and powers of government in its political or governing capacity and in its relation to individuals or groups… it consists of 1.constitutional law 2.administrative law 3.criminal law
protects persons against self-incrimination, double jeopardy, and being charged with a capital crime except by grand jury indictment
· NOT trespass of personal property, NOT interference with economic interests, NOT fraudulent misrepresentation NONE OF THESE
it is: conversion
· Physical disability, emergency circumstances, superior skill or knowledge (ALL OF THE ABOVE)
· answer: a medical procedure
· deadly force is never reasonable to protect property but it is reasonable if an attack threatens the victim with serious bodily harm
· acts of the executive branch, legislation, and decisions of inferior courts.
· that there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice
· the statement was true
· there was a conditional privilege to make defamatory comment on another’s statements in order to protect legitimate self-interest
· ALL OF THESE
· he didn’t commit libel or slander because it was no published
Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff’s harm is:
· contributory negligence
· disparagement, fraudulent misrepresentation, and interference with contractual relations.
· trespass to personal property
· invitees, trespassers, or licensees
ALL OF THESE:
· The crime is committed by two persons rather than one
· Serious bodily injury to the victim occurs
· The robber intends to kill if faces with resistance
Whatever powers are not specifically assigned to the United States by the Constitution are reserved to:
· the state governments or the people
· the discretionary writ of certiorari
. General contract law governs all contracts outside the scope of the UCC. T.
· For executed, fair contracts with a mentally incompetent person who understands but cannot control his behavior to act rationally, the incompetent must restore the competent party to the status quo before the transaction by a return of the consideration received or its equivalent in money
· McHenry is liable to nancy based on the concept of promissory estoppel.
· Tyler has given no additional consideration, and under the common law must perform at the agreed upon original price.
· Yes, because the job offer is for longer than one year from March 1.
· This contract is void.
· Valid as a reasonable restraint on trade
· Steve may simply return the vehicle and get his money
· A letter dated on July 9, 2007 reciting agreement to new delivery terms
· Yes, on June 18
· fraud in the inducement
· an offer by words or conduct and an acceptance by words or conduct
would always be considered to be contrary to public policy
· Yes, since the acceptance was received before the rejection
· contract to buy living room furniture (as opposed to services, rights, or land)
· At 11 am on Tuesday
· Unlike a minor, an incompetent person can never ratify a contract
· Percy may keep the mobile home but is only liable for the reasonable value of the mobile home
· Fraud in the execution
· Mindy’s agreement with Susan to buy her bike for $400
· No, because Barry does not have a writing signed by Champs T Shirts.
· unilateral contract
Sarah offers to pay Alison $150 if Allison will paint her apartment while she is out of town on vacation for two weeks. Allison makes no promise but tells Sarah that she will think about it. While Sarah is out of town, Allison paints the apartment. This is best described as:
· Executory contracy
· Violet may not disaffirm the contract
· person who owes a duty of trust, confidence, and loyalty to another
Which of the following is not generally required in order to have a valid contract?
· Fairness of the bargain
· state common law
The causes of dissolution and the priorities in the distribution of assets for a limited partnership are not the same as those of a general partnershipT
· may be criminally liable for the crimes of his partners if he authorized the acts
· Duty to indemnify
· voidable by Mark because he is a minor
When is an agency relationship irrevocable?
· When the agency is coupled with an interest of the agent in the subject matter
. Conduct of the employee, not involving intentional force, is within the scope of employment if it:
· is of the kind he is employed to perform, is actuated at least in part by a purpose to serve the employer, and occurs substantially within authorized time and space limits.
· The agent is personally liable upon the contract unless the third person discovers the existence and identity of the principal and elects to hold the principal to the contract.
A partnership agreement should include all but which of the following?
· The agreement for dividing tax liability of the partnership
A ________ is an unincorporated business association consisting of at least one general partner and at least one limited partner.
· No, they are merely joint venturers
· An association of two or more persons to carry on as co-owners a business for profit
· Profits and losses will be shared equally
· The partnership may be bound only if it ratifies the act
· limited liability company
Juan and Barbara form a limited liability company to conduct a particulat business activity for profit. Which of the following is not true?
· No particular form of organization is required
· Partners in limited partnerships must contribute services to the partnership
· A public corporation
· even if the corporation adopts the contract
The incorporators would typically do which of the following?
· Sign the articles of incorporation
· Doing or transacting business within a particular state makes a foreign corporation subject to local litigation, regulation, and taxation
· Informal organization
· preemptive right
· declaration or payment of a dividend, a purchase, redemption or other acqusition of shares, and a distribution of indebtedness
State laws regulating the issuance and sale of corporate shares of stock and other securities, typically with provisions prohibiting fraud in the sale of securities are called:
· blue-sky laws
· Vote to replace the president of the corporation
· They must always obtain a shareholder approval before deciding questions of operating policy
· a quorum
What is the role of shareholders in managing the corporation?
· Election of directors, approval of corporate transactions that are void or avoidable unless ratified, and right to bring enforcement suits
A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win suit.
A court needs to have both subject matter jurisdiction and jurisdiction over the defendant involved before it can hear an actual case.
All conversions of personal property are trespasses, but not all trespasses to personal property are conversions.
The general rule in negligence is that a person is under a duty to all others at all times to exercise reasonable care for the safety of others.
In applying the reasonable person standard in the court. Takes into account a person’s physical but not mental handicaps.
The federal government’s authority to govern economic matters flows from the commerce clause.
The first amendment guarantee of free speech applies not only to individuals but also to corporations.
A blind person will be healed to the standard of care of a reasonable blind person rather than that of the reasonable sighted purposes of determining negligence.
A reasonable person, as used in the lay of torts, is a fictitious individual who is always careful prudent, and never negligent.
Pointing an unloaded gun at someone who believes it is loaded and threating to shoot constitutes an assault.
The purpose of venue e is to regulate the distribution of cases within a specific court system and to identify a convenient forum.
1. A nonprofit corporation may make a profit, but it may not be distributed to members, directors, or officers.
Comparative negligence has replaced the contributory negligence doctrine in most states.
In some instances people may be held liable for injuries they have caused even though they have not acted intentionally or negligently.
The sixth amendment protects persons against self-incrimination, double jeopardy and being charged with a capital offense except by grand jury indictment.
Classifications based on age and sex are examples of suspect classifications in the context of the equal protection clause of the constitution.
The initial exercise of dominion or control of another’s persona property which so seriously interferes with the others right of control as to justify require the payment of full value for the property is.
division of governing power b/w federal government and the state (divides the power b/w the 2)
Which of the following is found in the Eigth Amendment to the U.S constitution.
The criminal intent necessary to commit a crime is known as
criminal intent or mental fault
Tyler contracts to build a garage for Wilbur for a price of $6,000. Because of an increase in the cost of labor and materials, Tyler refuses to perform. Wilbur wants the garage, so he agrees to pay an additional $500.
Anna is 88 years old and under the legal guardianship of her daughter. One day Anna receives a telephone call from a health insurance salesman and purchases a $400-a-month Medigap insurance policy.
Under the UCC, a(n) ___ is a sequence of previous conduct between the parties to an agreement which may be fairly regarded as establishing a common basis of understanding for interpreting their conduct under the contract.
A(n) ___ is a measure designed to protect the public from unqualified practitioners.
1. Claudia sells her highly successful hair salon to Carl. In the sales contract, Claudia agrees never to open a hair salon in the state. Which of the following best describes this contract clause?
Steve purchases a four-wheel drive truck from Belk Auto Sales. Steve is only 17 years of age. He wrecks the vehicle and attempts to disaffirm the contract and have Belk repay him all that he has paid. In the majority of jurisdictions, what would happen?
Which of the following would be admissible under the parol evidence rule? Assume the written contract was made on June 1, 2007, and that it is an integrated document.
Gary mails an offer to Brian on June 15. Brian receives the offer on June 16. Gary mails a revocation of the offer on June 17. Brian mails a letter of acceptance on June 18 and Gary receives the acceptance on June 20. Brian receives the revocation on June 19. Was a contract formed?
Which of the following is enforceable without consideration?
An intentional misrepresentation of a material fact made with knowledge of the falsity and intention to deceive and which a party justifiably relies upon to his detriment is known as:
intentional misrepresentation of material fact by 1 party to another, who consents into the contract because of the intentional misrepresentation … renders voidable
Which of the following would always be considered to be contrary to public policy?
Under the common law, the ___ must be the mirror image of the ___.
The uniform commercial code would be applied in which of the following situations?
Bart sends Carla an offer by express mail. Carla receives it at 10 a.m. on Tuesday. At 11 a.m. on Tuesday, Carla delivers an acceptance to Federal Express, but due to an error, the letter is not sent out by the company until Wednesday at 8 a.m. At what time does the law consider the acceptance to be effective?
A ___ is an offeree’s refusal to accept an offer
Which of the following is not true regarding the contracts of incompetent persons?
Percy, age 17, purchased a used mobile home from a mobile home dealer for $20,000. This price, however, was twice the reasonable value of the mobile home. One month later, Percy wishes to disaffirm the contract. If the mobile home is considered necessary, then:
Which of the following results in a void, rather than a voidable, agreement?
misrepresentation that deceives 1 party … renders void
Which of the following promises does not have to be evidenced by writing to be enforceable?
A(n) ___ contract is one in which the parties have manifested their agreement by oral or written language, or both.
Barry’s sport shop calls Champs tee shirt Company to order 200 designer tee shirts at $2 per shirt. The next day, Barry decides he can easily sell 100 more. Before the order is filled, he calls to change the order to 300 tee shirts. Champs sends 200. Can barry force Champs to send the additional 100?
Tate enters into a contract with Smith under the terms of which Smith is to pay Tate $7,000 and Tate is to build a garage, repair a boat, and build a doghouse. If the doghouse has not yet been built, which term describes the type of contract in existence?
Tim, who is a minor, enters into a contract with Violet, who is an adult. Which of the following is correct?
When both parties misunderstand the same set of facts relating to a basic assumption on which a contract is made, it is termed:
Which of the following is not generally required in order to have a valid contract?
when the agency is coupled with an interest of the agent in the subject matter
the agreement for dividing tax liability of the partnership
partners in limited partnerships must contribute services to the partnership
may be criminally liable for the crimes of his partners if he authorized the acts
protection of a property owner’s use of theirproperty, subject to zoning and other land use restrictions that promote thecommon good. The law also facilitates the creation and use of voluntaryagreements (contracts) for the exchange of property
ensures orderly changes in our leadership(elections, legislation, ect. Vs. revolutions, rebellion
a.Under the principal of judicial review the U.S. Supreme Court determines the constitutionality of all laws
courts can change their rulings based on the circumstances surrounding the case immediately before it
1. à supportsrules that only balance and produce the greatest pleasure for society
Social Ethics Theories
stress market outcomes as the basis for distributing society's rewards.
2.Reverse and Render (reverse decision w/o sending it back)
3.Reverse and Remand (turnover the decision and send it back to the trail court to review for further proof
1.Appeal by right (very rare)
2.Writ of Certiorari
-Cases involving federal laws (tax, social sec, bankruptcy, etc.)
-Patent, trade, copyright matters
-Disputes between states or internationally
- Family disputes
- Property disputes
- Worker's rights
- Traffic violations
the power or authority that a court has to make a binding resolution a dispute over a particular kind of case and the parties to that case
where more than 1 court, state or federal, has the authority to hear the same case … State and Federal courts have concurrent jurisdiction over …
1.Federal question cases→cases based on a federal jurisdiction but can be brought to state court as well
2.Diversity of citizenship cases → involving disputes b/w residents of different state and having an amount in controversy in excess of $75,000
1.File, discovery, trial, etc.
2.Direct examination, cross examination pleading
3.Different types of discovery
1.Supreme law of their respective jurisdiction
2.Establish the structure of government and allocate power among various levels
3.Impose restrictions on the powers of government and enumerate (specifies) the rights and liberties of the people
restricts powers and authority of the federal government and establish many of the civil and political rights of today … rights to due process, freedoms of speech, press, religion, assembly, and the right to bear arms
the Constitution provides that within its own sphere, Federal law is supreme (superior) and any state law that conflicts with it, must yield
process by which courts examine governmental actions to determine whether they conform to the Constitution … applies to legislation, acts of the executive branch and decisions of inferior courts … Supreme court has the final say as to whether a law is constitutional
any action of the State and Federal governments, as well as their political subdivision … actions taken by private citizens may constitute state action if the State is involved by exercising coercive power over private action, significantly encourages it or is substantially entangled w/ the action
2.Restricts State regulations that result in interference or obstruction w/ interstate commerce (power)
federal government exerts a dominant influence over the national economy through its control of financial matters … also has the powers of:
1.Direct taxes other than income taxes, must be apportioned among states
2.All custom duties and export taxes must be uniform throughout the U.S.
3.The Fed’s cant levy duties on exports from the States
lowest level of scrutiny…it requires that the government action bear some rational relationship to a legitimate governmental interest that government action proposes to further
applies to economic regulations and requires that the classification conceivably bear some rational relationship to the legitimate government interest that the regulation proposes to further. There is a strong presumption that government action is constitutional
Under this test the classification must have a substantial relationship to an important government objective. The intermediate test is applicable to actions based on gender and legitimacy classifications.
highest level of review … requires the government action to be necessary to promote a compelling government interest
protects most speech by using a strict scrutiny standard
•Corporate Political Speech
5th and 14th Amendment prohibit the Federal and State governments from depriving any person of life, liberty, or property w/o due process of law
1.Substantive Due Process → determination of whether a particular governmental action is compatible with constitutional rights or individual liberties
2.Procedural Due Process → involves a review of whether the governmental decision-making process enforcing substantive laws that have the effect of depriving a person of life, liberty, or property is fair and impartial.
wrongful or overt act
inherently wrong (murder or stealing
liability imposed upon one person for the acts of another person, such as an employer and employee. Employers may be liable criminally for acts of employees if the employer directed, participated in, or approved of the acts. Ordinarily, employers aren’t liable for unauthorized criminal acts of their employees… the employer has the be directly involved or knew a/b the crime
under certain circumstances a corporation may be convicted of crimes and punished by fines. Sometimes high ranking individuals bearing responsibility for the criminal act can face fines, imprisonment or both
protects individuals against unreasonable searches and seizures
provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, a process for obtaining witnesses, and the right to counsel … if the trial hasn’t been brought to court in 270 days, it is dismissed
any wrongful or unlawful act or threat that overcomes the free will of a party
occurs when 1 person takes unfair advantage of another person by reason of a dominant position based on a confidential relationship (position of trust) … renders contract voidable according to the dominant party
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