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45 Cards in this Set
- Front
- Back
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Under the doctrine of strict liability, liability is imposed strictly according to fault.
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F
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Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.
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T
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Political Speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.
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F
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A copy must be exactly the same as the original to infringe a copyright.
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International law is the law of a foreign nation and varies from country to country.
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F
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Negotiation is the most complex form of alternate dispute resolution.
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F
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A misdemeanor is a crime punishable only by a fine.
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F
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The establishment clause of the U.S. Constitution prohibits the federal government form establishing an official religion.
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A summary judgment is granted only if there is no genuine question of law.
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In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement.
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A suspect cannot be tried twice in the same court for the same crime.
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T
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Expression of all kinds if subject to reasonable restrictions.
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T
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The purpose of tort law is to provide remedies when various protected interests have been invaded.
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T
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Jurisdiction can be a key issue in a case involving a cyber crime.
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T
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Phishing occurs when a criminal poses as a member of the rock group Phish.
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F
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An innocent party can enforce a fraudulent contract.
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An offer to form a bilateral contract is accepted only by completing the contract performance.
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F
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In a contract for the sale of goods, the usual measure of compensatory damages is the difference between the contract price and the market price.
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An accord and satisfaction requires that the amount of a debt be certain.
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A condition subsequent terminates a party's promise to perform.
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A contract entered into under duress is voidable.
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A minor's right to disaffirm a contract terminates sixty days after the contract's date.
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F
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Damages are awarded for whatever injury a non-breaching party suffers, whether or not the breaching party could have foreseen the injury.
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A contract may have to be in writing to be enforceable even if its performance is possible within a year.
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The measure of damages on a breach of contract is the amount that will impress on the breaching party the harm that has been done.
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An auction- "we ask you to bid on this item" -is an offer.
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For consideration to have "legally sufficient value," it must consist of goods or money.
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In contract law, "consideration" refers to the time that a party takes to evaluate a deal.
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Compensatory damages compensate the non-breaching party for injuries or damages sustained by that party.
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Punitive damages are almost never available in contract disputes.
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T
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If a buyer breaches a contract and the seller resells the goods to another party, the seller cannot recover any loss from the breaching buyer.
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F
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A corporate officer can be an agent for the corporation.
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A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product.
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An employer can refuse to bargain collectively with an elected employee representative.
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A seller can terminate a contract of the basis of commercial impracticability if increases in the seller's costs threaten to undercut its profits.
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If goods identified to a contract are destroyed through no fault of either party, both parties are excused from performance.
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The Civil Rights Act of 1964 does NOT prohibit job discrimination at ALL stages of employment.
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Warranties of title do not arise in most sales contracts.
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A buyer who obtains substitute goods that a seller did not deliver can also recover damages from the seller.
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A stale check is one that has been outstanding for longer than one month.
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F
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A manufacturer's liability to an injured party on a strict product liability theory is limited to a refund or a replacement of the defective product.
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F
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Any product may be made entirely safe for all consumption.
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A design defect is NOT the sort of product defect the will support the imposition of liability on a strict product liability basis.
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F
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A certificate of deposit is a type of draft.
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F
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If, before the time for performance, a buyer communicates an intent not to perform, the seller can consider the buyer in breach and pursue a remedy.
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T
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