Question: Which of the following is true with respect to adhesion contracts? They are contracts for the sale of land. They may or may not be considered to be unconscionable. They are always unconscionable. They must be in writing.
Answer: They may or may not be considered to be unconscionable.
Question: Victor shows Hughes two antique cars that he owns. One is a Model T from 1910 and the other is a Corvette from 1970. Without specifying which car, Hughes offers Victor $80,000. After Victor accepts, Hughes asks for the keys to the Model T. Victor says, “No, I sold you the Corvette.” Hughes sues Victor for breach of contract. What is the likely outcome? The contract is binding due to freedom of contract. Because the parties made a bilateral mistake of fact, Victor can rescind the contract. Because Victor accepted Hughes’ offer, Hughes is entitled to the Model T. As long as $80,000 is deemed by a court to be a reasonable amount for the Model T, the contract is binding.
Answer: Because the parties made a bilateral mistake of fact, Victor can rescind the contract.
Question: An engineering firm has an open tract of land next to a restaurant. The engineering firm has 10 employees all of whom have lunch each day at the restaurant. The owner of the restaurant and the engineering firm agree that patrons of the restaurant can park on the tract of land in exchange for 10% food discounts on all lunch items ordered by the engineering firm staff. The food discount is not legally sufficient consideration because it is not of equal value. legally sufficient consideration. an illusory promise. unenforceable due to a disparity of bargaining positions.
Answer: legally sufficient consideration.
Question: Which of the following is true with respect to adhesion contracts? They are always unconscionable. They must be in writing. They are contracts for the sale of land. They may or may not be considered to be unconscionable.
Answer: They may or may not be considered to be unconscionable.
Question: A cardiologist agrees to purchase a coin collection from her patient who is recovering from a heart attack. Which of the following is true? Because the cardiologist has a fiduciary relationship with her patient, there is a presumption of undue influence that must be overcome. The relationship between the parties has no impact on the enforceability of the contract. There is no difference between their contract and any other contract. Because the cardiologist has a fiduciary relationship with her patient, there is a presumption of duress.
Answer: Because the cardiologist has a fiduciary relationship with her patient, there is a presumption of undue influence that must be overcome.
Question: Which of the following is true with respect to a mortgage? A mortgage is not a contract. A mortgage with respect to real estate is considered an interest in land. A mortgage is never considered to be an interest in land. A mortgage is required to be in writing only if it is associated with a pre or post-nuptial agreement.
Answer: A mortgage with respect to real estate is considered an interest in land.
Question: The President of the United States negotiates a treaty with another country. The treaty is then sent to Congress for a vote of approval or disapproval. This is an example of which of the following? Checks and balances between branches of government An unconstitutional action A veto None of the alternatives are correct
Answer: Checks and balances between branches of government
Question: If a defendant is prosecuted for a crime after being prosecuted in a criminal action that resulted in a mistrial, which of the following is true? None of the alternatives are correct The court has the discretion in determining whether the defendant could be prosecuted a second time. The second prosecution is impermissible double jeopardy. The second prosecution is not impermissible double jeopardy because the case was dismissed without a finding for or against the defendant.
Answer: The second prosecution is not impermissible double jeopardy because the case was dismissed without a finding for or against the defendant.
Question: Although marijuana is an illegal drug under federal law, some states including Florida have legalized it for some purposes. This raises which of the following issues? Checks and balances between branches of government The supremacy clause as it applies to conflicts between federal law and state law. Full faith and credit. None of the alternatives are correct
Answer: The supremacy clause as it applies to conflicts between federal law and state law.
Question: Federal judges are appointed by? Congress. By public election. Supreme Court. The President
Answer: The President
Question: The thrust of the 10th Amendment as applicable to the states means which of the following? That states can only adopt Uniform Codes as their statutory law. That the states can create their own laws without limitation. Assuming state laws do not conflict with federal laws or do not involve areas of law that the Constitution delegates exclusively to the Federal government, states are free to make their own laws. That the states are not allowed to enact their own laws.
Answer: Assuming state laws do not conflict with federal laws or do not involve areas of law that the Constitution delegates exclusively to the Federal government, states are free to make their own laws.
Question: The right of eminent domain is which of the following? A federal statutory right. A state statutory right. A common law right. A constitutional right.
Answer: A constitutional right.
Question: The role of a grand jury is which of the following? To have an open public court proceeding to determine the guilt of a defendant. To apply a standard of beyond a reasonable doubt in rendering a decision against a defendant. A proceeding not open to the public to determine without the defendant’s participation of whether there is probable cause to pursue prosecution against the defendant. None of the alternatives are correct.
Answer: A proceeding not open to the public to determine without the defendant’s participation of whether there is probable cause to pursue prosecution against the defendant.
Question: Mollie Cule sues Miranda Wrights for negligently crashing into her automobile in Florida and wins. The court awards Mollie a judgment for damages. Before she is able to collect the judgment, Miranda moves to Arkansas. Mollie seeks to enforce the judgment against Miranda in Arkansas. The likely outcome is which of the following? The Arkansas court has the authority to force Miranda to return to Florida. Mollie should be able to enforce the Florida judgment in Arkansas pursuant to the full faith and credit clause of the U.S. Constitution. The Arkansas court only has the discretion to enforce or not enforce the judgment for any reason. The Florida judgment cannot be enforced in Arkansas.
Answer: Mollie should be able to enforce the Florida judgment in Arkansas pursuant to the full faith and credit clause of the U.S. Constitution.
Question: Between business law quizzes, you create the most incredible song. What is the minimal amount you must do to create a copyright? Put your name on the song. Obtain a trademark. Obtain a patent. Register it with the copyright office.
Answer: Put your name on the song.
Question: Which of the following is true with respect to trade secrets? There is only one type of trade secret. There is not a Uniform Code that deals with trade secrets. There is only common law protection of trade secrets. There are multiple types of trade secrets.
Answer: There are multiple types of trade secrets.
Question: Intellectual property is an example of which of the following? Tangible personal property. Real property. Intellectual property is not considered property. Intangible personal property.
Answer: Intangible personal property.