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88 Cards in this Set
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Tony McCreepy has admired Ann for months, but hehas never talked to her. One day Ann andTony are walking towards each other in the hallway and much to her horror(because she's afraid of him) he opened his arms and gave her a hug and akiss. Tony has committed the tort(s) of: |
Battery |
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1. The standard ofproof in a criminal case is: |
Quilty beyond reasonable doubt |
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1. What are therules for searches under the Fourth Amendment |
Must obtain a search warrant, probable cause, reasonable expectation of privacy |
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1. The necessary ________ in assault is the same as thatrequired in battery. |
intent |
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1. The defendant’s intentional exercise of dominion orcontrol over the plaintiff’s personal property without the plaintiff’s consentis called: |
conversion |
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1. One day, Jon, acustodian of the bank, carelessly left a rake next to the sidewalk in the grassin front of the bank when he went to lunch. Deb, a customer of the bank,stepped on the rake as she walked next to the sidewalk and was injured. If Debsues who would be liable and why?? |
The bank, customary duties |
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1. Withregard to the Commerce Clause, the US Supreme Court has held that |
commerce with in the state could also be regulated by the national government as long as the commerce substainally affected commerce in more than one state |
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1. Jack had takenhis girlfriend Jenny on a long drive. While driving on the highway, he suddenlyhad a severe headache and lost control of the car. They were hit by a legallypassing car. The doctor had earlier warned Jack that he has a brain tumor, andas a result he would experience occasionalsevere and debilitating pain without notice. Jenny sued Jack for negligence.Will she succeed? |
No |
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1. All of thefollowing are partial defenses except |
unreasonable risk ,contributory are full defense comparative negligence is a partial defense |
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1. State X has a"Sunday Closing Law" making it a crime to operate a retail businesson Sundays. The law's legislative history reveals that it was enacted topromote respect for the Sabbath by all the people of the state, and thus topromote public decency and morality. One Sunday, Judy Smith slips on a puddleof spilled soft drink at Joe's Hamburger joint (which is operating in violationof the statute), and suffers an injury to her spine. Judy sues Joe innegligence. One count of her complaint relies on the doctrine of negligence perse. What will be the likely result underthis count? |
Not Negligence per se because the statute was enacted to promote morality not spilled drinks Negligence per se: if an individual violates a statutes or ordinance and there by causes harm the statute was intended to prevent |
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1. Homer'snegligence caused an automobile accident with Bart. As a result of thecollision, Bart's car collides with a telephone pole, causing it to fall. Thefalling pole then takes out some electrical power lines. The resulting poweroutage and darkness causes a car to veer off the road and strike the emergencygenerator for her apartment and leaves Patty without any light in herapartment. As she fumbles in the darkness, she trips over her cat, falls, andis injured. Patty sues Homer. In order to avoid liability, Homer's best defenseis to show: |
superseding cause, intervening cause, unforeseeable |
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1. Pam and Deb werein a car accident. Deb went through a red light, hitting Pam from the side. Pamwas driving 45 miles per hour in a 25 miles per hour zone. Pam sues Deb basedon negligence for damages. If Pam loses the suit, which defenses is likelyfollowed by the state? |
contributory/comparative negligence |
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1. Ordinances arecreated by: |
County legislative body, then becomes part of the state's statutory law |
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1. You are standingon a street corner. A truck belonging to the Safety First Trucking Co. (SFTC)carrying radioactive nuclear waste has a tire blown out, which causes the truckto overturn near you. Radioactive waste escapes from the truck and covers halfyour body. As a result, you suffer serious medical harm (the good news is thatyou no longer need a nightlight). What legal theory of recovery is available toyou will not require you to prove that SFTC was at fault? |
Strict Liability |
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1. Reggie went tothe Maple Valley Harvest Festival, when he stopped at Tracy’s booth where shewas selling paintings of windmills. Reggie admired a painting of a windmill,which did not appear to be for sale. Reggie said to Tracy, “I will give you$200 if you give me that painting right now.” Tracy said nothing in response,but she gave Reggie the painting, and Reggie gave her $200 in cash. This is anexample of a contract that is now..? |
enforcable, implied contract |
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1. A statute thatprohibits the sale of liquor to minors including penalties for doing so is anexample of what body(s) of law? |
Public Law |
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1. Bert is charged with the commission of acrime. To find criminal liability, most crimes require |
that he could have prevented the act or had knowledge of the act |
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1. Calvin tells Sarathat he will sell her his car for $5,000. Sara agrees. The exchange is to takeplace in 10 days. The status of contract between Calvin and Sara is now…? |
A sale of goods over 500 that is not in writing is unenforceable |
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1. Greg signed acontract to work as an auto-parts manager for Jones Chevrolet. This contract isgoverned by which body of law? |
State Statutes deal with contracts or Common Law |
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1. After the plumberinstalled a Jacuzzi in the second-floor bathroom of her summer home, Phyllisdiscovered that he had failed to connect its pipes properly. Water flooded thekitchen ceiling and poured into rooms on the first floor through ceiling lightsand wall sockets, causing $10,000 in damage to the house. Phyllis can sue underwhat legal theory? |
Negligence , warranty, strict liability?(IDK about that one) |
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1. Sue offers topaint John’s house of which he is the sole owner. They were negotiating theprice while in the meantime, Sueconfides in John’s live in girlfriend, Mary, that she is willing to paint the house for aslittle as $5,000. Delighted to hear this, Mary tells him the good news. Johnimmediately calls up Sue and accepts her offer. Is there a binding contract?Why or why not? |
No b/c rights duties and obligations have to effectively communicated from the offeror to the offeree |
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1. Ian, a lawyer,sent an offer to Raymond on October 1 offering to sell Ian's car for $5,000.The offer did not contain a provision stating when it would terminate. Underthese circumstances, when will that offer terminate? |
At the end of a reasonable period of time, or before the car start deteriorating in value |
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1. Steve, the managerof A-1 Hardware Store, detains Joan, whom Steve suspects of shoplifting. Joansues Steve, alleging that the detention was false imprisonment. Steve is liableif |
there is no justification or evidence of shoplifting |
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1. Marie and Jakework together at the local bank. BothJake and Marie ride their motorcycles to work. Marie told Jake at one time shedidn’t own a car and it’s a good thing she has her motorcycle since there wouldbe no other way to get around. One day Marieoffers to purchase Jake’s motorcycle for $12,000. She asks him for three weeks so she can sellher motorcycle but he says no, he will give her one week. She told him she would have to sell it for a$2,000 loss if he could not wait three weeks. She agrees to the one week and she in fact sold he motorcycle for a lossof $2,000. When she arrived with the$12,000 a week after her offer Jake had sold the bike to someone else for$15,000. If Marie sues Jake for breachof contract, most likely…and why |
Marie will lose bc the contract is unenforceable because it is a sale of goods over 500 dollars and not in writing |
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1. Which condition(s) can prevent additional terms frombecoming a part of a contract formed between parties who are merchants? |
unequivocal acceptance |
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1. Helen worked forABC Motors for 25 years. The president of ABC said to her: “In consideration ofyour past service for 25 years, I promise to give you a new car next week.”However, he did not give the car. Is this promise legally enforceable? Why orwhy not. |
No, b/c no consideration past her pre-existing duty, not in writing |
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1. . Demi is a 40%shareholder and board member of EMGO Inc., a privately owned manufacturer ofcustom lug nuts. During a recent boardmeeting the board discussed expansion and acquisition of a building for theirmanufacturing facility. A particularbuilding on 13 Elm Street was mentioned at the meeting which was located nearthe interstate. The board was to contact the owner in 120 days. The building had been for sale for some time. Prior to EMGO contacting the building owner,and without the knowledge of the EMGO board, Demi contacted the building ownerand offered to buy the building at a distressed value. Demi used his brother-in-law as a “strawbuyer” for the building. Hisbrother-in-law then sold the Building at a huge premium to EMGO with Demipocketing the profits. If the EMGOboard found out about what Demi did what could be the results… |
unethical breach of contract breach of fiduciary duty |
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1. Which type of statementsmost likely will create liability for fraud or misrepresentation? |
statements that result in a loss for one of the parties |
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What rights does a police officer have in arrestingsomeone: |
probable cause, substantial liklihood that the person has or is about to commit a crime |
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1. Betty, age 16, buys a car and wrecks it one weeklater. She takes it back to the seller and demands all her money back.According to the traditional rule, what is she entitled to? |
dissaffirmance - sword/shield doctrine |
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1. David enteredinto a contract to sell Ruth a parcel of land fully aware that Ruth’s intentionof purchase was to construct a high-rise commercial building. David was alsoaware that the subsurface soil condition of the property would prevent suchconstruction. The soil condition was not readily discoverable in the course ofnormal inspections or soil evaluations. David did not disclose the existence ofthe condition to Ruth, nor did Ruth make any inquiry of David as to the suitabilityof the land for the intended development. What is the result of David’s silenceas to the soil condition: |
Misrepresentation:leads another to believe in a condition that is different from the condition that actually exist enforcable bc he was selling the land not agreeing to have the building built on it |
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1. Which part(s) ofthe criminal process essentially serves the same function as a magistrate’sprobable cause determination? |
warrant process? arrest? |
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1. What is Res Ipsa Loquitor and what must beproven |
"the facts speak for themselves" has to prove the defendant was negligent the principle that he occurance of an accident implies negligence |
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Mail fraud and wire fraud cases require proofbeyond a reasonable doubt that the person accused of fraud…: |
unlawfully acquired money or property |
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1. On May 1, Dix andWilk entered into an oral agreementby which Dix agreed to purchase a small parcel of land from Wilk for $450. Dixpaid Wilk $100 as a deposit. The following day, Wilk received another offer topurchase the land for $650, the fair market value. Wilk immediately notifiedDix that Wilk would not sell the land for $450. What will be the outcome if Dixsues Wilk for specific performance? Dix will: |
win b/c sale of land has to be in writing |
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1. What is an Scorporation: |
created through an IRS tax election (taxed as a partnership) subchapters of the internal revenue code qualifying requirements |
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Jenco, Inc. enters into a written contract forthe sale to Willco, Inc. of 3,000 gallons of a chemical known to be dangerousif handled improperly. The EPA requiresthe shipping to be done by special licensed handlers of the chemical. According to the EPA regulation, if anon-licensed shipper is used a substantial fine may be assessed to thepurchaser. The seller includes terms ofshipment using a trucking company that is notlicensed to handle the shipment of this chemical. There is no difference in the shipping costbetween the shipper in the contract and the licensed shipper. If Willco sues to cancel the contract becauseof illegality, most likely. |
unenforceable contract, they willl win because it was not formed for a legal purpose and it coul dhave been avoided and used a licensed trucking company |
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1. Maria and Joeentered into a valid contract for the sale of Maria's car. Delivery of the carand payment were to be made on March 1. Joe told Maria that he needed the carso that he can commute between San Francisco and Oakland to his new job that isstarting on March 2. Maria broke the contract and failed to deliver the car onMarch 1. Joe needed a car to commute so he rented a car at $30 per day for 20days, which was the reasonable amount of time it took him to locate and buyanother car. Joe sued Maria for his losses, including the $600 car rental. Thecar rental represents _____ damages. |
consequential |
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1. Alice ran a red light while driving to her town hallin Elway Tennessee and hit Jim, who was working for LIM Incorporated. LIM is incorporated in Nevada and has itsprinciple place of business in Tennessee. If LIM filed suit for the damages to the Van driven by Jim of $65,000where can the case be heard? |
Tennesee |
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1. Frank, a businesslaw professor who has never sold a car before; sells his 1995 Honda Civic toWanda who works for a bank for $600. This sale is governed by what law: |
Uniform Commercial Code |
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1. In order toestablish a cause of action based upon strict liability in tort for personalinjuries resulting from the use of a defective product, the plaintiff must prove: |
foreseeability |
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1. Adam decides toeat food despite knowing that it is adulterated and brags about it to Dee.Later Adam falls sick from infection. Adam sues the supplier of the said foodfor injury suffered by him. The defense which can be taken by the food supplieris: |
assumption of risk |
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Theclassification of crime is based on: |
beyond reasonable doubt, offense against society, the criminal act and criminal state of mind |
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1. Bob pushes Carol. Carol falls and breaks her arm. Bob isliable for the injury under what condition? |
intentionally preformed the action to harm her or injure her |
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1. Gil owns a large ranch in Texas. Frank drives his sportutility vehicle off a highway and across Gil's property. Frank commits trespassonly if he |
didnt have permission, harms the property |
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1. Ace Earth Movers, Inc. uses dynamite to prepare land forhighway projects. Strict liability is imposed on this activity because |
of the extreme risk of the activity, abnormally dangerous activity, risk of injury |
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1. A Private Investigator, Bill, asked Mary, a computertechnician for Lew's Fine Jewelry whether she noticed anything unusual in thecompany's records. Mary says "no, but I can look into this foryou". Bill says, "if you wouldn't mind, make a thumb drive copyof any unusual entries". Mary does so. At the tax fraud trial the digitalcopies are introduced and authenticated through Mary as a witness and thedefense attorney for Lew's objects to the admission of the evidence. Mostlikely the court will. |
admit the evidence, or use it in court |
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1. Respondeat superior means? |
in many circumstances, an employer is responsible for the actions of employees during their employment |
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1. IRS agent Hankasked Mary, a bookkeeper of ZZZ, Inc. whether she noticed anything unusual inthe company's records. Mary says "no, but I can look into this foryou". Hanks says, "if you wouldn't mind make a thumb drive copy ofany unusual entries". Mary does so. At the tax fraud trial the digitalcopies are introduced through Mary as a witness and the defense attorney forZZZ objects to the admission of the evidence. Most likely the court will dowhat with the evidence and why? |
5th amendment, should have gotten a search warrant, cant use improperly obtained evidence |
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1. What is the basicremedial device in cases of Fourth Amendment violations? |
the exclusionary rule |
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1. Calvin, aresident of South Park, Colorado, creates a Web site called “But Seriously”which acts as an electronic billboard for posting funny stories. Ted, aresident of Northridge, California, posts a story on the Web site. Stu, a SanDiego, California resident, files a lawsuit against Calvin in a federaldistrict court in California, claiming that Calvin had defamed him on his Website. Based on these facts, does Calvin have sufficient “minimum contacts” togive the California federal district court in personam (personal) jurisdictionover him? Why or why not? |
No, he did not do any commerce over state lines |
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1. The contract clause states: |
the states cannot interfer with private contracts |
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1.Defending against a federal district court suit by P, D claimsthat P has sued him in the wrong federal district court. D has raised a question of: |
jurisdiction |
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What is the requirement for a criminalconspiracy to exist |
when 2 or more people agree to commit any unlawful act then act on completing it |
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2. Jake sues Lisa for breach of contract for $85,000.Jake is from Ohio and Lisa is from Michigan. The contract was negotiated andsigned in Ohio. Where can the case canbe possibly heard? |
either Ohio or Michigan |
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1. Guy and Boyd makean oral contract whereby Guy agrees to sell Boyd, 480 widgets (goods) at aprice of $480. Later, the parties want to modify the contract so that the pricewould become $520. Under what condition is this allowable? |
if they put it in writing after the modification |
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1. Rachael wasarrested by the police on suspicion of possession of a controlled substance.She was not informed of her Miranda rights. As she was handcuffed and placed inthe squad car she confessed to her crime. Is her confession admissible? Why orwhy not? |
no because if an officer fails to inform her of her miranda rights, any statements she makes are not admissable in court |
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1. What are allowed damages in a Negligence suit? |
punitive, exemplary, compensatory |
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1. The border patrolnotices a van driven by someone who appears to be of Mexican descent crossingthe border at a fixed checkpoint on the border. They stop the van and order everyone out. A drug sniffing dog “hits” on a box in theback of the van and they find 12 Kilos of cocaine. At trial the defendantmotions the court to suppress the evidence. Most likely the results will be what and why? |
They wont supress the evidence bc border control has the right to search without a warrant |
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1. Jim, a used cardealer, is asked by phone by Buyer to keep the offer to sell a car open for 3weeks and he agrees. The price is$4,000. Jim sells the car to anotherperson for $5,000 two weeks later. In this case what are the rights of theparties? |
It is not in writing so the seller has the right to sell the car to the other person. |
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1. What is theStatute of Frauds? |
a state statute which certain types of contracts must be in writing or e-record to be enforceable |
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1. When a courtapplies the exclusionary rule in a criminal case, it means that: |
all evidence obtained in violation of the constitutional rights in the 4th, 5th or 6th amendment as well as derived illegally is normally excluded from trial |
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1. The major difference between a civil assault case and criminal assault is: |
Civil assault is a tort and criminal assault is violating a law that prohibits certain conduct and protects public welfare |
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1. What is meant byproximate causation? |
legal cause. when the connection between an act and an injury is strong enough to put liability on the persons who committed the act |
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1. De Novo review means |
deciding on the issue in court without reference to the legal conclusions or assumptions made by the previous court that heard the case. |
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1. Plaintiff asks the defendant respond to certainquestions in writing relating to a breach of contract case. Whathappens if the defendant refuses to do so? |
possibly a motion for an order to compel an answer or default judgement against defendant, or loss |
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strict scrutiny |
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1 or more general partners, that act as managers, liable for personal assets and debts invested in the LP |
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1. Whatis considered an “enterprise” under RICO: |
individual, partnership, corporation, association or legal entity and any union of people associated |
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strict liability or negligence (IDK which one) |
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the "but for" test if the wrongful act had not occured, would the injury have occured? |
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Mike will win because he is only an amateur gemologist |
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expressed- in writing, verbal or communicated implied- the customary duties of the agent |
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The ________ jury isthe trial jury that find probable cause. |
grand |
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1. The Dormant Commerce Clause has become a federal powerwith an extensive regulatory reach. This is largely due to judicial decisions regulatingwhat? |
interstate commerce |
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1. John is a partnerwith Bill and Clark. He enters into acontract to borrow money from American Bank on behalf of the partnership. The Bank met with the partners a week earlierto discuss the terms of the loan. Unknown to American Bank John had left the partnership after the bankmeeting. What is the liability to thepartners under these circumstances: |
the transaction must be completed, the debt must be paid, creditors can have access to assets |
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1. Home Delivery Corporationand Interstate Transport, Inc., sign an agreement that provides for the paymentof "$1,000 by whichever party commits a material breach of the contractthat creates damages difficult to estimate but approximately $1,000." Thisis |
unconscionable |
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1. Alex brought his automobile toMax. Max said it was going to cost $800to repair which includes $400 labor. When Alex picked up his car he said he would pay Max tomorrow. Max agreed. Alex never made the payment and Max sued. Max will most likely: |
win bc it is under 500 dollars in goods so it is an enforceable contract |
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1. When a courtlooks at whether the fourth amendment has been violated they will almost alwaysfirst determine… |
probable cause |
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1. Haland Bob are merchants. Hal offers topurchase 15 copiers for $500 per copier from Bob. The written sales order contains anadditional term not discussed prior to the placing of the order. The term states that “any complaintsregarding defects must be communicated in writing to the seller within 90days”. If Hal files a written complaintsix months after taking delivery what will be the result? |
nothing bc its passed 90 days, contract is enforceable after the payment is made |
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1. Donaldhas negotiated a contract with Bev to install vinyl windows for Bev’shome. They orally agreed that thewindows would be vinyl clad and have an energy rating of R16 (the highestrating available). The written contractwas executed by both parties. When thewindows were delivered they were labeled R8 (the medium grade energyrating). The actual written contract specifically called for R8 windows. Bevsues Donald for breach of contract and seeks to introduce a salesman fromDonald’s company to prove the windows were supposed to be R16 rated. Most likely: |
Bev will win for breach of contract |
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1. Bart is convicted of arson for burningdown his warehouse to collect the insurance. On an application for insurance ona new building, in answer to a question about prior convictions, Bart does notdisclose his conviction. This makes the contract |
voidable |
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1. Nedwas arrested. While in custody heconfessed, prior to an interrogation. The police did not give Ned his Miranda warnings before heconfessed. As a result: |
confession cannot be used in court |
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1.The United States government hasinstituted a criminal RICO prosecution against Legbreaker, Inc. Which facts creates the biggest problem forthe government in this prosecution? |
proving that it is a criminal organization |
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1. Georgia's legislaturepasses a law to regulate local online service providers. The final authorityregarding the constitutionality of this law is |
National Government Authority |
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1. Alpha Company, abusiness firm based in California, advertises on the Web. A court in New Jerseywould be most likely to exercise jurisdiction over Alpha if Alpha |
had minimum contacts in New Jersey |
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1. Kidtoys, Inc., sells atoy truck with a dangerous defect. Phil buys the truck for his son butdiscovers the defect before the child is injured. Phil files a suit againstKidtoys. Kidtoys could ask for dismissal of the suit on the basis that |
it was unforeseeable |
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1. Mary asserts that anycontract she entered into with Nick is unenforceable. Defenses to theenforcement of a contract include |
voluntary consent and form |
