park university MG260 final exam October 2015

| January 31, 2017

Question
Question 1 4 pts

Discussing the exam questions with other business law students who have not taken the exam would be considered cheating.

True

False

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Question 2 4 pts

According to the principle of federal supremacy and the U.S. Constitution, federal law never defeats conflicting state law.

True

False

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Question 3 4 pts

Under the mailbox rule, an authorized acceptance is effective even if it is not received.

True

False

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Question 4 4 pts

Generally, silence is not considered acceptance.

True

False

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Question 5 4 pts

Stare decisis states that like cases should be decided alike.

True

False

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Question 6 4 pts

A boat blown into the wrong dock by a storm is considered abandoned property.

True

False

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Question 7 4 pts

Consequential damages are also called special damages.

True

False

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Question 8 4 pts

Contracts for the sale of land must be in writing according to the Statute of Frauds.

True

False

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Question 9 4 pts

Trial courts hear issues of fact.

True

False

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Question 10 4 pts

Arbitration is binding, mediation is not.

True

False

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Question 11 4 pts

Anna followed a rainbow to the end and found a pot of gold. The pot belonged to a leprechaun and was embedded in the soil at Park University in Missouri. The law that would apply to determine who owns the gold can best be described as ____.

Treasure trove

Finder’s keepers

Possession is 9/10s of the law.

None of the above

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Question 12 4 pts

Cinderella contracted with Griselda to paint her castle pink for $300. The day before Griselda was to paint, Cinderella’s wicked stepmother destroyed the castle. Griselda’s responsibility to paint the castle is discharged by ______________.

Substantial performance

Material breach

Impossibility

Strict performance

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Question 13 4 pts

Which is not a type of misuse of legal proceedings?

Malicious prosecution

Private nuisance

Wrongful use of civil proceedings

Abuse of process

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Question 14 4 pts

A minor can rescind most contracts. This right to rescind is referred to as ____.

Emancipation

Disaffirmance

Ratification

Capacity

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Question 15 4 pts

The pleadings are

The complaint, the answer, and the reply

Venue and jurisdiction

Arbitration, mediation, and minitrials

The executive, judicial, and legislative branches

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Question 16 4 pts

The ____________ protects freedom of speech.

Takings clause

Commerce clause

First Amendment

10th Amendment

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Question 17 4 pts

A poster advertising a reward for returning a lost dog is

An offer

An invitation to offer

An acceptance

An invitation to negotiate

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Question 18 4 pts

Caveat emptor means

Let the vendor beware

Beware of freedom to contract

Beware of lawyers

Let the buyer beware

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Question 19 4 pts

The key concept of quasi-contract is

Foreseeable reliance

Unjust enrichment

Good faith

Profit maximization

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Question 20 4 pts

Which of the following is an intentional tort?

Trespass to land

A misdemeanor

Strict liability

Negligence

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Question 21 4 pts

The transfer of a right under a contract is a ________.

Delegation

A novation

An assignment

Accord and satisfaction

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Question 22 4 pts

According to Casey, Julie owes her $50. Julie disagrees with the amount and sends Casey a check for $35 marked “payment in full.” If Casey cashes the check, she cannot recover the remaining $15 from Julie according to ______________.

Quasi-contract

Good faith

Promissory estoppel

Accord and satisfaction

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Question 23 4 pts

The ability to incur legal obligations and acquire legal rights is ______.

Disaffirmance

Emancipation

Capacity

Ratification

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Question 24 4 pts

In a _____ breach, the nonbreaching party can cancel the contract.

Nonmaterial

Impossible

Material

Substantial

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Question 25 4 pts

A creditor beneficiary is also

An intended beneficiary

An obligor

A delegatee

An incidental beneficiary

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Question 26 4 pts

A contract where all the parties have yet to perform their contractual duties is best described as

An unenforceable contract

An executory contract

Implied contract

Executed contract

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Question 27 4 pts

A counterclaim is filed by the __________.

Plaintiff

Defendant

Appellant

Appellee

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Question 28 4 pts

The power of a court to hear and decide a case is

Venue

Jurisdiction

Jurisprudence

Tort

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Question 29 4 pts

Raspberry Ice Tea, a rap musician, is dangled by his ankles four stories high until he agrees to sign a contract to share his copyright royalties with rap musician Scotty Doggy Dog. This contract is an example of ____________.

Unilateral mistake

Misrepresentation

Duress

Undue influence

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Question 30 4 pts

A unilateral contract is defined as

Where only one party to a contract makes a promise

Foreseeable reliance

A contract enforceable in court

A contract where one or more of the parties has the right to cancel the contract

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Question 31 4 pts

Which one is a function of the law?

Peacekeeping

Promoting social justice

Protecting the environment

All of the above are functions of the law.

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Question 32 4 pts

Damages awarded to punish the defendant and to deter others in the future are called

Liquidated damages

Compensatory damages

Consequential damages

Punitive damages

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Question 33 4 pts

Elizabeth stayed in her apartment beyond the date she agreed to move out. The landlord demanded that she move out immediately, but she refused. Which type of tenancy is this?

Tenancy at sufferance

Periodic tenancy

Tenancy for a term

Tenancy at will

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Question 34 4 pts

What is the State’s burden of proof in a criminal case?

A preponderance of the evidence

Beyond all doubt

Despite some evidence to the contrary

Beyond a reasonable doubt

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Question 35 4 pts

Which of the following is adequate consideration?

Past consideration

A promise to give $20 to a church

A promise to do something you already have to do.

None are adequate consideration.

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Question 36 4 pts

Our common law came to America from which group of European settlers?

French

German

English

Japanese

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Question 37 4 pts

Which of the following is a defense to negligence?

Contributory negligence

Assumption of the risk

Comparative negligence

All of the above

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Question 38 4 pts

Using ______________, courts can declare the actions of other government bodies unconstitutional.

Eminent domain

Judicial review

Separation of powers

Federalism

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Question 39 4 pts

Which is not a tort-based form of product liability?

Negligence

Implied warranty of fitness for a particular purpose

Strict liability (Section 402A)

None of the above

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Question 40 4 pts

This contractual theory of product liability applies when goods are not fit for their ordinary purpose.

Negligence

Express warranty

Implied warranty of merchantability

Implied warranty of fitness

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Question 41 4 pts

If a minor enters into a contract with an adult, the contract is ____________ because the minor could get out of the contract but the adult could not.

voidable

void

valid

unenforceable

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Question 42 4 pts

The _____________ requires that landlords ask for permission before entering a tenant’s dwelling and requires that landlords stop excessive noise from other tenants.

Implied warranty of quiet enjoyment

Implied warranty of fitness

Implied warranty of possession

Law of constructive eviction

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Question 43 8 pts

Discuss ‘kid-bids’ and other problems encountered in using online auctions.

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Question 44 8 pts

What is the difference between arbitration and mediation? What are the advantages of ADR to litigation?

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Question 45 8 pts

What is the difference between lost, mislaid, and abandoned property?

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Question 46 8 pts

Describe the relationship between social responsibility and the law.

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