Term
| The authority of a court to hear and decide cases is known as ____. |
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Definition
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Term
| Law that is formed by a group of individuals, acting as representatives for other individuals, is best termed _____. |
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Definition
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Term
| A contract will be uneforceable if ____. |
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Definition
| A statute declares such a contract illegal |
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Term
| Angela promises to work for Barabara during the month of July, and Barabara promises to pay Angela $600 for her services. In this situation, what kind of contract has been made? |
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Definition
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Term
| What is an essential element of fraud? |
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Definition
| Misrepresentation of a material fact |
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Term
| Clyde received the following letter from Joe: "I will sell you the books you examined yesterday for $10 each or $100 for the entire set." Clyde told him brother, Mike. Mike tendered Joe $100 for the books but Joe said no. If Mike sued Joe, the court would probably hold that Michael _____. |
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Definition
| cannot accept the offer because it was not made to him. |
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Term
| All the following have the right to enforce a contract EXCEPT ___. |
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Definition
| a third-party incidental beneficiary |
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Term
| A method of discharging a contract that returns each party to his or her original position is _____. |
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Definition
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Term
| A contract clause that requires both parties to act stimultaneously is called a ______. |
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Definition
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Term
Benson, a seventeen-year-old college freshman, was adequately supplied with clothes by his father. Smith, a clothing merchant, learned that Benson was spending money freely and solicited clothing orders from him. Benson bought $750 worth of luxury clothing from Smith on credit. Benson failed to pay Smith.
If Smith sued Benson, the court would probably hold that ____. |
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Definition
| Benson can disaffirm the contract, return the clothing, and escape liability. |
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Term
| The enforcement of a contract may be barred, according to the operation of law, by ____. |
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Definition
| the statute of limitations |
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Term
| A purchase from each of the following would be considered a purchase in the ordinary course of trade or business EXCEPT a purchase from a ____. |
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Definition
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Term
| Which of the following promises would be enforceable by the majority of courts? |
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Definition
| Avery owes Bond $100, which debt is discharged in bankruptcy. Later, Avery writes Bond a letter promising to pay Bond the $100. |
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Term
| Base Electric company has entered an agreement to buy its actual requirements of brass to buy its actual requirements of brass wiring for six months from the Valdez Metal Wire Company, and Valdez Metal Wire Company has agreed to sell all the brass wiring Base Electric Company will require for six months. The agreement between the two companies is______. |
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Definition
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Term
Ordinarily an employer is liable for which of the following acts committed by an employee for the benefit of the employer and in the scope of the employment?
I. Torts
II. Contracts
III. Misrepresentations |
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Definition
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Term
| Abbott was orphaned at the age of five. For the next fifteen years his material needs were met by his uncle Barton. On his thirtieth birthday Abbott wrote Barton promising to pay him $100 per month as long as Barton lived. He died ten months later. Can Barton's estate sue Abbott? The court would say ______. |
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Definition
| not entitled to recover because past consideration will not support Abbott's promise |
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Term
| An agreement among creditors that each will accept a certain percentage of his or her claim as full statisfaction is called ___. |
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Definition
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Term
| Which of the following decisions could NOT be made by an appellate court? |
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Definition
| Ordering a case to be tried in the appellate court |
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Term
Upon delivery of nonconforming goods, a buyer may do which of the following?
I. reject all the goods
II. accept all the goods
III. accept those units that conform and reject the rest |
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Definition
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Term
| All of the following are usual functions performed by judges of trial courts having general jurisdiction EXCEPT ______. |
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Definition
| imposing pretrial settlements on parties who cannot agree. |
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Term
| Which of the following will apply if the parties to a contract knew or should have known that a word has a customary usage in their particular trade or community? |
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Definition
| Parol evidence may be used to define the meaning of the word. |
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Term
| Webster insured her residence with Old Home Insurance Company. Assuming that the policy contained no provision with respect to assignment, which of the following statements is correct? |
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Definition
| If Webster suffers an insured loss, she may assign the amount due under the policy to anyone. |
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Term
| Recovery in quasi contract is based on a judgement that determines the presence of _____. |
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Definition
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Term
| The commerce clause of the US Constitution authorizes ____. |
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Definition
| Congress to regulate interstate commerce |
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Term
An employee is constantly subjected to extreme and unwanted sexual banter on the job. If this employee were to bring a suit to prevent this conduct or receive a damage award, which of the following would be the basis for the suit?
I. Intentional influction of emotional injury
II. Negligence
III. Title VII of the Civil Rights Act of 1964 |
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Definition
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Term
| Acting in a manner that results in teh greatest good for the greatest number is an ethical principle known as ______. |
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Definition
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Term
| Which of the following best defines the employment at will doctrine? |
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Definition
| Employers can terminate employees for any reason that is not discriminatory and employees can quit for any reason. |
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Term
| Smith suddenly attacks Jones as Jones walks down the street. In this case, Smith has committed ____. |
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Definition
| a criminal act and a tortious act |
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Term
| Using nonpubic material info to buy or sell securities is known as ____. |
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Definition
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Term
| The following administrative agencies regulates unfair trade practices and the formation of monopolies that restrain competition? |
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Definition
| The Federal Trade Commission |
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Term
| What is a distinction that can be drawn between civil and criminal law? |
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Definition
| The burden of proof in a civil case is "a preponderance of the evidence" standard, while the burden of proof in a criminal case is "beyond a reasonable doubt" standard. |
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Term
| Curtis is injured while performing his duties for his employer, Choice Banking Company. In most states, Curtis will be compensated for his injuries under which of the following? |
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Definition
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Term
| Barry sneaks up behind Caesar and hits him over the head with a bat. Caesar suffers a concussion and incurs damage exceeding $50,000. Under these facts, Caesar will most likely win a suit against Barry for ____. |
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Definition
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Term
| Proximate cause means that the ____. |
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Definition
| defendant will be held liable for only those damages that were reasonably foreseeable and a natural and probable consequence of his breach of duty |
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Term
| Zach and Josh open a coffee shop. They have no written agreement, but intend to sell coffee and bagels together in order to make a profit. What describes Zack's and Josh's business relationship? |
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Definition
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Term
| Fred is an attorney who wants to advertise that he is Austin's best lawyer. He buys a billboard and posts his message. The State Bar of Texas wants him to take down the billboard. What constitutional proposals best supports Fred's position? |
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Definition
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Term
| Larry delivers newspapers for a living; he hires Fred to help with his route, paying him 5 cents per paper. Fred runs into a customer's car while delivering the papers. What statement is true? |
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Definition
| The fact suggest that the doctrine of respondeat superior would apply. |
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