Park University MG260 Midterm Exam

Question 1 4 pts
Strict liability is liability regardless of fault.
True
False
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Question 2 4 pts
Implied contracts are not created by conduct.
True
False
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Question 3 4 pts
Consideration is necessary for a charitable subscription to be binding.
True
False
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Question 4 4 pts
Bidding at an auction is usually not considered to be an offer.
True
False
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Question 5 4 pts
Encouraging free competition to promote economic growth is a function of the law.
True
False
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Question 6 4 pts
Under UCC section 2-205 firm offers are only made by merchants and do not require consideration.
True
False
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Question 7 4 pts
A poster advertising a reward for capturing a criminal constitutes an offer.
True
False
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Question 8 4 pts
Generally offers to sell something at a certain price are revocable at any time.
True
False
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Question 9 4 pts
Settlement and arbitration are examples of ADR.
True
False
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Question 10 4 pts
The same act can result in both criminal and civil liability.
True
False
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Question 11 4 pts
Variations of the Golden Rule appear in all world cultures.
True
False
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Question 12 4 pts
According to the principle of federal supremacy and the U.S. Constitution federal law always defeats conflicting state law.
True
False
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Question 13 4 pts
Only duress can make a contract voidable.
True
False
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Question 14 4 pts
An option contract can be created without consideration.
True
False
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Question 15 4 pts
Death of a party before acceptance terminates the offer.
True
False
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Question 16 4 pts
Under the mailbox rule acceptance is not effective until it is received.
True
False
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Question 17 4 pts
Kant’s categorical imperative is an example of a justice theory of ethics.
True
False
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Question 18 4 pts
An intoxicated person can get out of a contract made while intoxicated regardless of whether the other person knew that he/she was drunk.
True
False
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Question 19 4 pts
Appellate courts hear issues of law.
True
False
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Question 20 4 pts
The burden of proof in a civil trial is beyond a reasonable doubt.
True
False
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Question 21 4 pts
Using enumerated powers the courts can find acts by the legislative and executive branches unconstitutional.
True
False
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Question 22 4 pts
An ad in the classifieds stating British shorthair kitten for sale $800 is not an example of an offer.
True
False
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Question 23 4 pts
In order to prove a negligence claim the plaintiff must prove: duty a breach of that duty causation and injury to the plaintiff.
True
False
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Question 24 6 pts
A contract where one or more of the parties has the right to cancel the contract is called:
an option contract
an offer
a voidable contract
a void contract
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Question 25 6 pts
According to the mirror image rule
Silence is acceptance.
A counteroffer is not acceptance.
Acceptance can only be in writing.
Acceptance is valid only if written backwards so you can see it in a mirror.
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Question 26 6 pts
Sean is an invitee on his aunt Allison’s beachfront property. Allison owes Sean:
Only to warn him of dangerous on-premises conditions that he is not likely to discover.
A duty to exercise reasonable care to protect him against dangerous on-premises conditions that Allison knows about or reasonably should know about.
Only not to willfully and wantonly injure him on the property.
None of the above.
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Question 27 6 pts
Which of the following is NOT a defense to negligence?
res ipsa loquitor
assumption of the risk
contributory negligence
comparative fault
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Question 28 6 pts
Our common law came to America from which group of European settlers?
German
English
Chinese
French
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Question 29 6 pts
Posh Pepper a rap musician is dangled by his ankles four stories high until he agrees to share his copyright royalties with rap musician Patricia Paprika. This contract is an example of ___________?
Unilateral mistake
Duress
Misrepresentation
Undue influence
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Question 30 6 pts
Damages awarded to reimburse an injured plaintiff for lost wages and medical expenses are called ________.
Punitive
Exculpatory
Compensatory
Executory
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Question 31 6 pts
George is selling his house. He received an offer from Katie for $200000 but decided to counter-offer for $210000. What does that do to the original offer?
Katie is still bound by her original offer of $200000.
George is bound by the original offer of $200000.
Katie will pay $210000.
Neither George nor Katie are bound by the original offer of $200000.
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Question 32 6 pts
The _____________ answers the complaint.
Plaintiff
Defendant
Appellant
Offeror
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Question 33 6 pts
Which one is a function of the law?
Peacekeeping
Promoting social justice
Protecting the environment
All of the above
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Question 34 6 pts
Criminal law is based on _______.
Statutory law
Contract law
Civil law
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Question 35 6 pts
An example of an intentional tort would be _________.
False imprisonment
Negligence
Strict Liability
All of the above
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Question 36 6 pts
What is the issue in Sumerel v. Goodyear Tire & Rubber Company on p 413-414 of the text? (Refer to p 22-23 for help in finding the issue.)
Whether there was adequate consideration.
Whether the parties had the capacity to contract.
Whether the emails constituted an offer.
Who is the plaintiff?
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Question 37 6 pts
When briefing a case the question the court had to decide is known as the
issue
answer
procedural history
brief
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Question 38 6 pts
A minor can rescind most contracts. This right to rescind is referred to as _________________?
Right of Emancipation
Right to Disaffirm
Right to Ratify
Capacity to contract
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Question 39 6 pts Skip to question text.
Juliet age 14 purchased 5 chickens from Bob at a price of $30 per chicken for a 4-H project. She later decided she didn’t want to do the project. She told Bob that she wasn’t going to pay him although he had delivered the chickens. Also one chicken died so she only had 4 chickens. Which of the following is true?
Juliet is still liable to Bob for $150.
Juliet must return the 4 remaining chickens to Bob.
Bob is liable to Juliet for $30.
Juliet must return the 4 remaining chickens and pay Bob $30 for the chicken that died.
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Question 40 6 pts
In a __________ contract a promise is made by only one party to the contract.
Bilateral
Unilateral
Voidable
Express
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Question 41 6 pts
A contract to steal gold from Fort Knox would be _____?
void
voidable
valid
executed