Contracts
What is it called when a party fails to perform as required by the contract without any justification or excuse?
Breach
What is the name of the rule followed by some states that reduces the amount of damages that can be collected by a plaintiff in a civil tort lawsuit by the percentage that the plaintiff's own negligence contributed to the plaintiff's injury?
Comparative Negligence
A state statute requires all doctors to pass a test and obtain a license from the state's medical board before practicing medicine. What type of statute would this be considered?
Regulatory Licensing Statute
What is the most important underlying public policy of Sales?
Promote an exchange economy, provide an opportunity for specialization and enhanced productivity.
How many justices sit on the U.S. Supreme Court?
Nine
Al tells his neighbor "I would be willing to sell you my van for $400." What best describes Al's statement?
An offer
Neal and Tim get into an argument at the bar. When Tim is not looking Neal punches him in the back of the head. Tim never sees the punch. What tort has Neal most likely committed?
Battery
What creates an administrative agency and gives it power?
An enabling statute
What term best describes a person who deals in goods of a particular kind?
Merchant
What are the trial courts in the Federal court system called?
District Courts
Petra tells Carey "I will sell you my guitar for $400" to which Carey replies "I would be willing to give you $300 for it." What would best describe Carey's statement?
Counteroffer
What is the term for a contract clause that attempts to relieve a party of liability for torts?
Exculpatory Clause
What does Federalism refer to?
the division of power between the Federal government and the states
True or False. A contract for the sale of goods would not need to be in writing under the statute of frauds.
True
What is the initiating pleadings filed by a plaintiff in a civil law suit?
Summons and Complaint
Quentin agrees to buy his cousin's car on the condition that his bank approves him for a loan to buy the car. What would Quentin obtaining a loan from the bank be considered?
A condition precedent
What term best describes a defamatory statement made in the newspaper that falsely claims that a person has a sexually transmitted disease?
Libel
What is sometimes referred to as "the supreme law of the land?"
The US Constitution
Which of the following individuals would have limited capacity to enter into a contract?
Minor...Mentally Ill...Incompetent
What is the name given to the jury selection process in a jury trial?
Voir Dire
Tom contracts to have Alicia paint his father's house in exchange for $1,000. Tom tells Alicia that he wants to have his father's house painted as a gift for his birthday. What best describes Tom's father?
Intended Beneficiary
Which of the following is not an element of the tort of negligence?
malicious intent
What is the primary source of Congress's power?
the Commerce Clause
What is required for a valid contract?
Mutual Asset...Consideration...Capacity
What is the term used to describe state civil courts that are only authorized to hear cases involving limited amounts of money?
Small Claims Courts