1. Common law is a term for social manners and customs that are familiar to most of us. (Points: 2)
True
False
2. The state governments retain all powers not specifically delegated to the federal government. (Points: 2)
True
False
3. A reference to "28 U.S.C. Section 1332" means that a federal court’s decision can be found on Page 28 of Section 1332 of the United States Cases. (Points: 2)
True
False
4. A state court can exercise jurisdiction over anyone within the boundaries of the state. (Points: 2)
True
False
5. A state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state. (Points: 2)
True
False
6. To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains. (Points: 2)
True
False
7. Voir dire is a process for presenting evidence in a case. (Points: 2)
True
False
8. Ethics is the branch of philosophy that focuses on what constitutes right and wrong behavior. (Points: 2)
True
False
9. To act ethically is to think narrowly about what is best in the short run for one’s employer. (Points: 2)
True
False
10. Ethical reasoning is the process through which an individual rationalizes whatever action he or she chooses to take. (Points: 2)
True
False
11. The roles that women play in some foreign countries may present some difficult ethical problems for firms doing business internationally. (Points: 2)
True
False
12. A battery occurs only if the victim suffers actual physical harm. (Points: 2)
True
False
13. A defendant is strictly liable for the results of his or her acts only if he or she intended those results. (Points: 2)
True
False
14. There are no statutes regulating the use of spam. (Points: 2)
True
False
15. An applicant cannot register a trademark on the basis of an intention to use the mark in commerce. (Points: 2)
True
False
16. Criminal liability depends on the commission or omission of an act. (Points: 2)
True
False
17. Embezzlement can be committed only by physically taking property from the possession of another. (Points: 2)
True
False
18. A federal judge must adhere strictly to federal sentencing guidelines. (Points: 2)
True
False
19. Three elements—agreement, consideration, and contractual capacity—are sufficient to form a binding contract. (Points: 2)
True
False
20. An offer to form a unilateral contract is accepted by a promise to perform. (Points: 2)
True
False
21. Parties can form a contract without putting the terms in writing. (Points: 2)
True
False
22. An offer must be communicated by mail or in person. (Points: 2)
True
False
23. A transaction that lacks a bargained-for exchange lacks an element of consideration. (Points: 2)
True
False
24. Rescission is the substitution of one party to a contract for a third party, who agrees to assume the contractual duties. (Points: 2)
True
False
25. An accord and satisfaction requires that the amount of a debt must not be in dispute. (Points: 2)
True
False
26. Some states provide for the termination of minority status on marriage. (Points: 2)
True
False
27. A minor who affirmatively misrepresents himself or herself to be an adult will not be able to disaffirm a contract in most states. (Points: 2)
True
False
28. Most courts are usually very concerned about the fairness of contracts. (Points: 2)
True
False
29. Justifiable reliance on a misrepresentation is an element of fraud. (Points: 2)
True
False
30. Oral evidence of the meaning of a contract with incomplete terms can be introduced at a trial. (Points: 2)
True
False
31. To be enforceable, any assignment must be in writing. (Points: 2)
True
False
32. Alienation is a transfer of the ownership of land. (Points: 2)
True
False
33. The four broad types of damages in contract law are compensatory, consequential, punitive, and actual damages. (Points: 2)
True
False
34. Recovery under quasi contract may be used when one party partially performs under a contract that is unenforceable. (Points: 2)
True
False
35. Browse-wrap terms are generally enforceable. (Points: 2)
True
False
36. Under the UETA, a signature may be denied legal effect solely because it is in electronic form. (Points: 2)
True
False
37. The UETA provides that a document cannot be notarized electronically. (Points: 2)
True
False
38. A principal has a duty to cooperate with the agent. (Points: 2)
True
False
39. Apparent authority exists if a principal causes a third party reasonably to believe that an agent has authority to act. (Points: 2)
True
False
40. Wrongful termination of an agency relationship can subject the canceling party to a suit for damages. (Points: 2)
True
False
41. To recover workers' compensation, an employee must prove that an injury was not the fault of the employer. (Points: 2)
True
False
42. An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities. (Points: 2)
True
False
43. An employee who leaves a job voluntarily cannot later claim to have been "constructively discharged" on the basis of unlawful discrimination. (Points: 2)
True
False
44. Joint ownership of property in and of itself creates a partnership. (Points: 2)
True
False
45. In winding up a limited partnership, non-partner creditors are paid before the partners receive their capital contributions. (Points: 2)
True
False
46. A limited liability company cannot be taxed as a corporation. (Points: 2)
True
False
47. A business trust is somewhat similar to a corporation. (Points: 2)
True
False
48. After a merger, a disappearing corporation’s preexisting rights disappear. (Points: 2)
True
False
49. Shareholder approval is required when a corporation buys all of the assets of another company. (Points: 2)
True
False
50. Directors are rarely compensated, but when they are, they cannot set their own compensation. (Points: 2)
True
False
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