Select the most appropriate word for each definition.
a. Fourth Amendment b. Free Exercise clause
c. Equal Protection clause d. First Amendment
e. Commerce clause
1. Guarantees people can hold any religious beliefs they want or can hold no religious beliefs
b. Free Exercise clause
Select the most appropriate word for each definition
a. duress b. fraudulent misrepresentation
c. unilateral mistake d. bilateral mistake
e. undue influence
6. Intentional, untruthful assertion of material fact by a contract party
b. fraudulent misrepresentation
11. In making a decision, one step that Snart takes is to evaluate how the public would react to each different alternative. Under the COVER model, this step is labeled
a. Outcome
b. Editorial
c. Values
d. Cover
e. Rule
b. Editorial
16. Refer to the Scenario. If Iris sent a letter to the company on March 4 stating that she does not want to purchase the onesie anymore, and the company received the letter on March 5, it would be
a. an effective revocation of her March 1 offer
b. an ineffective revocation of her March 1 offer
c. an effective rejection of the company’s February 27 offer
d. the anticipatory repudiation of the formed contract
b. an ineffective revocation of her March 1 offer
21. Cecile is the District Attorney at Central City PD and earned $85000 per year. Patty works the front desk, answering the phone and greeting people and makes $10.50 per hour. Who is not exempt from the FLSA requirements?
a. Neither Cecile or Patty are exempt
b. Cecile only
c. Cecile and Patty are exempt
d. It’s complicated
e. Patty only
e. Patty only
Select the most appropriate word for each definition.
a. Fourth Amendment b. Free Exercise clause
c. Equal Protection clause d. First Amendment
e. Commerce clause
2. Guarantees that no state will “deny to any person within its jurisdiction the equal protection of the laws.”
c. Equal Protection clause
Select the most appropriate word for each definition
a. duress b. fraudulent misrepresentation
c. unilateral mistake d. bilateral mistake
e. undue influence
7. Occurs when one party to a contract is mistaken as to a material fact
c. unilateral mistake
12. Barry is an employee of Central City PD. Central City PD’s manual states that workers will not be fired for whistleblowing. In regard to the employment-at-will doctrine, this is
a. an exception based on public policy
b. an exception based on tort theory
c. an exception based on contract theory
d. not a valid statement
a. an exception based on public policy
17. Refer to the Scenario. The advertisement that Iris received
a. was an offer to sell the onesie.
b. was an invitation for Iris to make an offer to buy the boots
c. was not a valid offer
d. was not valid consideration
b. was an invitation for Iris to make an offer to buy the boots
22. Officers owe fiduciary duties to the corporation. These duties are called
a. duty of loyalty and duty of reason
b. duty of loyalty and duty of joy
c. duty of care and duty of loyalty
d. duty of care and duty of reason
c. duty of care and duty of loyalty
Select the most appropriate word for each definition.
a. Fourth Amendment b. Free Exercise clause
c. Equal Protection clause d. First Amendment
e. Commerce clause
3. Guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government.
d. First Amendment
Select the most appropriate word for each definition
a. duress b. fraudulent misrepresentation
c. unilateral mistake d. bilateral mistake
e. undue influence
8. When one of the parties is forced into the agreement
a. duress
Scenario
On February 27, Iris receives an advertisement in the mail addressed to her from a retailer with a very nice onesie in it. On March 1, Iris writes a letter to the company accepting the offer of the onesie in his size at the price in the catalog and asks for them to be delivered to her home. The company writes Iris back on March 3 and states that the company will ship them out within three days. Iris received that letter on March 5.
13. Refer to the Scenario. If a contract was created, what type of contract was it?
a. implied
b. formal
c. voidable
d. no contract
e. express
e. express
18. Barry is a resident of Central City. Wally is a resident of Keystone City. They dispute over the ownership of a car in Opal City. What principle would apply to this situation?
a. limited jurisdiction
b. travesty of justice
c. act of state doctrine
d. diversity of citizenship
d. diversity of citizenship
23. In a case where someone is caught comingling personal funds with corporate funds, a court will likely
a. review the funds
b. remove that person from office
c. nothing
d. pierce the corporate veil
d. pierce the corporate veil
Select the most appropriate word for each definition.
a. Fourth Amendment b. Free Exercise clause
c. Equal Protection clause d. First Amendment
e. Commerce clause
4. Gives Congress the power to regulate interstate commerce
e. Commerce clause
Select the most appropriate word for each definition
a. duress b. fraudulent misrepresentation
c. unilateral mistake d. bilateral mistake
e. undue influence
9. Persuasive efforts of a dominant party, who uses special relationship to unduly persuade the other party
e. undue influence
Scenario
On February 27, Iris receives an advertisement in the mail addressed to her from a retailer with a very nice onesie in it. On March 1, Iris writes a letter to the company accepting the offer of the onesie in his size at the price in the catalog and asks for them to be delivered to her home. The company writes Iris back on March 3 and states that the company will ship them out within three days. Iris received that letter on March 5.
14. Refer to the Scenario. If the contract was for a service, what law would govern the contract?
a. Uniform Commercial Code
b. federal contract law
c. state contract law
d. Common law
d. Common law
19. Joe, a retailer of coats, sends an offer to Cecile, a manufacturer of coats, to purchase 50 coats. Cecile responds and says she will sell the 50 coats if Joe picks them up. If a court later holds that the delivery place is binding, it is because
a. Joe is a merchant, but Cecile is not
b. Cecile is a merchant, but Joe is not
c. neither Joe and Cecile are merchants
d. the court would not hold it binding
e. Joe and Cecile are both merchants
e. Joe and Cecile are both merchants
24. Cisco and Harry have a contract where Harry has to create a nuclear reactor with 5” wire. Harry is unable to find the wire, so he uses a 5.5” wire. This is called
a. accord and satisfaction
b. substantial performance
c. anticipatory repudiation
d. rescission
b. substantial performance
Select the most appropriate word for each definition.
a. Fourth Amendment b. Free Exercise clause
c. Equal Protection clause d. First Amendment
e. Commerce clause
5. Protects the “right of the people to be secure in their persons, houses, papers, and effects.”
a. Fourth Amendment
Select the most appropriate word for each definition
a. duress b. fraudulent misrepresentation
c. unilateral mistake d. bilateral mistake
e. undue influence
10. A “mutual misunderstanding concerning a basic assumption on which the contract was made.”
d. bilateral mistake
15. Refer to the Scenario. If there is a contract, it was most likely formed on March 5. What rule applies to date of the formation of the contract?
a. mirror image rule
b. contract rule
c. mailbox rule
d. Uniform Commercial Code
c. mailbox rule
20. Corporations that are owned by the government for public services are known as
a. close corporations
b. private corporations
c. publicly held corporations
d. public corporations
c. publicly held corporations
25. If the state of Illinois passes a law that states that only orange people can serve in state government positions, it most likely has
a. violated the Equal Protection clause
b. violated the supremacy clause
c. violated the Due Process clause
d. not violated any constitutional provision
a. violated the Equal Protection clause