Question: Asher and a car dealer haggle over the price of a new car Asher would like to purchase. The car dealer’s final offer is $30,000. Asher states that he will think about it as he walks around the showroom. As he is walking around, he notices the car dealer speaking to another person and the other person is shaking hands. When the car dealer leaves the showroom, the other person tells Asher that she purchased the car $35,000. If Asher sues the car dealer for breach of contract, what is the likely outcome?
Answer Options: Asher will lose because the car dealer essentially withdrew Asher’s offer. Asher will win because the car dealer sold the car for more than he had offered to sell it to Asher. Asher will lose because there was a mistake of fact. Asher will win because when the car dealer sold the car, the offer to Asher was still open. Correct Answer: Asher will lose because the car dealer essentially withdrew Asher’s offer.
Question: Miranda negligently drives her car into another car. Mollie, her passenger, was not injured. Mollie sues Miranda for negligence. The probable outcome for Mollie is?
Answer Options: Even assuming Miranda’s actions amounted to negligence, Mollie was not injured, and thus not entitled to damages. Award against Miranda because Miranda was driving negligently. No award against Miranda because as a passenger Mollie should have warned Miranda not to drive negligently. Award against Miranda based on breach of duty of care and proximate cause. Correct Answer: Even assuming Miranda’s actions amounted to negligence, Mollie was not injured, and thus not entitled to damages.
Question: Hughes Car sells a car to a minor for $10,000. Later, an adult offers to purchase the same motorcycle for $15,000. Hughes seeks to disaffirm the contract with the minor. Which of the following is the likely outcome?
Answer Options: Hughes loses because only a minor can disaffirm a contract. Hughes wins because a minor lacks contractual capacity. Hughes wins because a motorcycle is not a necessity. Correct Answer: Hughes loses because only a minor can disaffirm a contract.
Question: A resident of another state is contemplating entering into a contract in Florida regarding the acquisition of a business located in Florida. Which of the following would be relevant to a lawsuit involving that contract?
Answer Options: Federal common law since all cases involving diversity of citizenship must be litigated in federal court. Florida common law as possibly modified by Florida statutes since all states do not necessarily apply the same common law rules, and even those laws are modified by statute. Strictly Florida statutory law since Florida’s common law is limited to torts. General common law because all states follow the same common law. Correct Answer: Florida common law as possibly modified by Florida statutes since all states do not necessarily apply the same common law rules, and even those laws are modified by statute.
Question: The location of Publix provides insufficient parking for its customers. Next to Publix is a Best Buy with more than ample parking for its customers. Publix approaches Best Buy to for the right for its customers to park in Best Buy parking spaces. Best Buy agrees provided that in each of Publix’s own parking spaces [on Publix property], there is a Best Buy promotional sign. The parties agree. The contract between Publix and Best Buy is enforceable or unenforceable because?
Answer Options: Enforceable only if Publix customers actually park in Best Buy spaces. Unenforceable because Publix’s promise to place Best Buy promotional signs was illusory. Enforceable because there was bargained for consideration. Unenforceable because Best Buy did not receive fair value for the use of its parking spaces. Correct Answer: Enforceable because there was bargained for consideration.
Question: The purpose of a Uniform Code such as the Uniform Commercial Code is
Answer Options: A compilation of provisions related to commercial transactions that states can adopt either in whole, in part or with modifications. A set of regulations that states are required to adopt without change. To be incorporated into the U.S. Code as federal statutory law. A set of federal regulations. Correct Answer: A compilation of provisions related to commercial transactions that states can adopt either in whole, in part or with modifications.
Question: Which of the following is true with respect to an offer?
Answer Options: Once it is made, it is binding on the offeror. It must be made in writing. It is only binding if the offer is not based on a mistake of value. It is binding on the offeror once it has been accepted by the offeree. Correct Answer: It is binding on the offeror once it has been accepted by the offeree.
Question: Which of the following best describes the purpose of criminal statutes?
Answer Options: To allow private citizens to bring criminal defendants to justice. To punish wrongdoers who commit torts. To allow victims of torts to prosecute cases they lose in civil courts in criminal court. To provide a just and safe environment for all of society by imposing penalties on those who commit crimes. Correct Answer: To provide a just and safe environment for all of society by imposing penalties on those who commit crimes.
Question: If a federal court declares a federal statute unconstitutional, it is due to which of the following?
Answer Options: the supremacy of the U.S. Constitution which overrides any federal law that violates it. an exercise of diversity jurisdiction. stare decisis. a precedent. Correct Answer: the supremacy of the U.S. Constitution which overrides any federal law that violates it.
Question: Jennifer hires a CPA to prepare her income tax return. Jennifer has a large amount of state property tax she wants to deduct. The CPA assures her that her state property tax is deductible and claims it as a deduction on her return. However, the CPA was unaware of a recent tax law that limits the amount of the deductible property tax. The IRS audits Jennifer’s return and denies her a deduction of property tax in excess of the limitation. If Jennifer sues the CPA, which of the following is most likely?
Answer Options: The CPA will be liable for fraudulent misrepresentation for his failure to keep up with tax law changes. The CPA will not be liable because he or she was unaware of the tax law change. The CPA will be liable for negligent misrepresentation for his failure to keep up with recent changes in tax law. The CPA will not be liable because she could have consulted another CPA. Correct Answer: The CPA will be liable for negligent misrepresentation for his failure to keep up with recent changes in tax law.
Question: The difference between case law and common law is which of the following?
Answer Options: There is no difference. Case law is criminal law and common law is civil law. Case law creates law and common law interprets existing law. Common law creates law and case law interprets existing law. Correct Answer: Common law creates law and case law interprets existing law.
Question: Which of the following contracts do not have to be in writing?
Answer Options: A purchase agreement for a house. An otherwise non-enforceable debt. A mortgage. An employment contract. Correct Answer: An employment contract.
Question: Administrative law is
Answer Options: Uniform Codes adopted by state legislatures. Regulations issued by administrative agencies to provide guidance in the interpretation of statutory law these agencies are authorized to enforce. Correct Answer: Regulations issued by administrative agencies to provide guidance in the interpretation of statutory law these agencies are authorized to enforce.
Question: If an out of state party has interaction with a party from a different state, the ability of the latter party to initiate an action in his or her state court depends on?
Answer Options: whether the amount in controversy is greater than $75,000. whether the underlying dispute is based on common law or statutory law. the application of the minimum-contacts test. the claim being a tort claim rather than a contract claim. Correct Answer: the application of the minimum-contacts test.
Question: A lack of standing means?
Answer Options: The plaintiff’s damages exceed the monetary limit of the court in which the case was brought. The plaintiff does not have a stake in the case that can be remedied by a court. Venue is improper. The plaintiff failed to meet all the requirements of diversity jurisdiction. Correct Answer: The plaintiff does not have a stake in the case that can be remedied by a court.
Question: Lloyd arrested for a crime is informed by his attorney that there will be a preliminary hearing. What can Lloyd expect?
Answer Options: For jurors to vote on his guilt or innocence. At the hearing, the judge will decide whether there is probable cause for the prosecution to bring him to trial for the crime. Only the prosecuting attorney will be allowed to participate. The standard of proof imposed at the hearing will be beyond a reasonable doubt. Correct Answer: At the hearing, the judge will decide whether there is probable cause for the prosecution to bring him to trial for the crime.
Question: Cases brought in court based on diversity of citizenship
Answer Options: must be a case involving federal law. may be brought by any plaintiff against a defendant from another state subject to certain conditions. violates the U.S. Constitution. may be brought by any plaintiff as long as the defendant is from another state. Correct Answer: may be brought by any plaintiff against a defendant from another state subject to certain conditions.
Question: The difference between common law and statutory law is
Answer Options: common law is judge-made law and statutory law is law enacted by a legislature. for common law to be enforceable, it must be ratified by the legislature. there is no difference. common law is issued by agencies and statutory law is enacted by a legislature. Correct Answer: common law is judge-made law and statutory law is law enacted by a legislature.
Question: A passenger about to board a plane is subject to a random search of his baggage by TSA. Which of the following is true?
Answer Options: The passenger can refuse because he or she has a right to board an airplane. The passenger can refuse unless in the absence of warrant, the TSA has probable cause to search. The passenger can refuse to comply unless the TSA have a search warrant. Because airports require that passengers agree to be subject to random baggage checks as a condition of flying, the passenger must comply with the request. Correct Answer: Because airports require that passengers agree to be subject to random baggage checks as a condition of flying, the passenger must comply with the request.