Chapter 01 The Nature of Law

The U.S. Constitution recognizes the states' power to make law in certain -1
areas. T

Common law is a state law and hence only the state courts can apply the -2
same. F

If an international treaty signed in 1997 conflicts with a statute which was -3

promulgated by federal legislature in 2007 and the subject matter of conflict is
purely domestic in nature, the international treaty being the supreme law of land
should prevail. T

Both civil and criminal liability can sometimes co-exist BUT cannot be -4
claimed at the same time. F

A State Homicide statute is an example of a Substantive law, Criminal Law -5

and Public Law. T

Though formal natural law defense is not recognized in court, judges do -6

take natural law oriented views while interpreting a Statute. T

American legal realists distinguish between the "law in the books" and the -7
"law in action" and they recognize law as the behavior of public officials (mainly
judges) as they deal with matters before the legal system. T

The State Statute says, "a driver operating a motor vehicle on road above 60 miles -8
per hour must pay a fine of $50." Ann was driving her car at 65 miles per hour for
which she was arrested, but the fact could not be proven in Court of law. She will be
required to pay the fine as she had exceeded the speed limit.F

Doctrine of Stare Decisis states that like cases should not be decided alike. -9
F

Courts always interpret statutes by following the plain meaning of their -10
words. F

Law allows parties to advance to the Court of Law seeking judgment on -11
controversial issues that have not yet risen between them. F

Administrative agencies make:-12

Executive orders.A
agency decisions.B
ordinances.C
common law.D

Why were equitable remedies developed-13

A-Because the common law rules were too flexible to accurately predict the
.outcome of disputes
.B-Because the common law rules sometimes would produce unfair results
C-Because statutes were too flexible to accurately predict the outcome of
.disputes
Because statutes sometimes would produce unfair results-D

John was angry because Harry is now dating John's former girlfriend. One -14
day, as John was driving his car, he saw Harry walking by the side of the road. John
deliberately swerved and struck Harry with the car. John may be successfully sued
:under
criminal law only.A
civil law only.B
either criminal law or civil law but not both.C
both criminal law and civil law.D

Which of the following is not the function of law-15

A-Peacekeeping
B-Arming government with arbitrary absolute power
C-Promoting social justice
D-Protecting the environment

The doctrine of stare decisis says-16

A-courts should follow the plain meaning of statutes and not worry about
.anything else
.B-courts should look at legislative history when interpreting statutes
-common law rules, once established, can never change.C
-in common law cases, like cases should be decided alike.D
The person who is harmed and who brings a lawsuit against the party that -17
:harmed him/her, is called the
plaintiff.A
defendant.B
party of the first part.C

party of the second part.D

Chapter 09 Introduction to Contracts

The essence of a contract is that it is a legally enforceable promise or set of promises. T

Contracts must always be in writing to be enforceable. F

Generally, the terms of a standardized contract are non-negotiable. T

A promises to pay B $50 if B will mow A's lawn. B does not promise to mow A's lawn, however later
that day B completely and satisfactorily does mow A's lawn. This is an example of a unilateral
contract. T

A and B have a contract. A has 100% performed, and B has 50% performed. This contract is now
executory. T
Ahmed promises to sell his boat to Mendel, and Mendel promises to buy it from Ahmed. What type of
contract is this?

A unilateral contract A.
A quasi contract B.
A bilateral contract C.
A promissory estoppel contract D.

A contract in which the parties have not yet fully performed their obligations is called:

an executed contract. A.
an executory contract. B.
a quasi-contract. C.
a bilateral contract. D.

An oral contract that is covered by the statute of frauds is:

voidable. A.
void. B.
unenforceable. C.
executory. D.

An executed contract is one that:

has been terminated by operation of law. A.

has been terminated by the parties voluntary agreement. B.
has been fully performed by one or both parties. C.
has been fully performed by both parties. D.

A contract whose formation is induced by duress (force or compulsion) is:

void. A.
voidable. B.
unenforceable C.
executory.D.

CHAPTER 10 AGREEMENT;OFFER
The three requirements for a valid offer are: present intent to contract, definiteness and communication to 1.
the offeree. T

Strictly speaking, a contract has nothing to do with the personal intent of the parties. F

Courts look at parties outward manifestations of intent as a requirement to enforce a contract. This is
called subjective standard of intent.F

If a term is left open in a sale of goods contract, that open term or "gap" cannot be filled by inserting a 4.
presumption found in the UCC's "gap filling" rules. T

Generally speaking, advertisements are offers. F

An advertisement offering a reward for the return of lost property usually is treated as an offer for a 6.
unilateral contract. T

Offeror is said to be the master of the offer. This means that offerors have the power to determine the 7.
terms and conditions under which they are bound to a contract. T

Bob offers to sell his bike to Sue for $100, and promises to keep his offer open for five days. Sue thanks 8.
him and leaves. At this point, Bob still has the power to revoke his offer. F
9. The offeror's death automatically terminates an offer, but the offeree's death does not. F

10. A orally offers to sell B 100 premium-grade fountain pens but neglects to state the price. Such pens
typically sell for $1 each. B orally accepts. Immediately thereafter, A tries to back out of the deal. At this
point in time, which of the following is most likely to be true?

A. There is no offer and no contract because the offer is indefinite.

B. There is no offer and no contract because the offer must be in writing.
C. There is a contract, if the parties intended to make a contract and there is a reasonably certain basis for
giving an appropriate remedy.
D. There is a contract, because the offer contained all material terms.

Ashburn had a big ranch in Georgia. One day Pamela stated, "I'd like to buy your sheep for $50. They're 11.
so cute!" to which Ashburn immediately replied, "Sure. That's a deal!" This cannot be enforced as a
contract because of lack of:

Consideration A.
Definiteness B.
Communication to C.
offeree.
Present intent to contract. D.

Chica, a women's fashion retailer, sends catalogs to its customers, who can then order from the catalog 12.
via phone or online. Donna decides to order a black dress priced at $99.00. Donna calls to place her
order. The sales representative who answers the phone tells Donna that the black dress is no longer in
stock. Under these facts:

Chica is not liable for breach of contract. A.

Chica is liable for breach of contract. B.
Chica is liable for "bait and switch." C.
Chica is liable under a quasi-contract theory. D.

When is the revocation of an offer effective? 13.

When received by the offeror A.

When received by the offeree B.
When sent by the offeree C.
When sent by the offeror D.
Ian, a lawyer, sent an offer to Raymond on October 1 offering to sell Ian's car for $5,000. The offer did
not contain a provision stating when it would terminate. Under these circumstances, when will that offer
terminate?

After 5 days, as per the "5 day rule." A.

After 10 days, as per the "10 day rule." B.
After a "reasonable" period of time. C.
The offer will not terminate until either Ian or Raymond communicate that their willingness to enter D.
that transaction has ended.

Ann contracted to draw a life portrait of Swift. The contract was signed on December 13, 2017. A week
before the work was supposed to commence, Ann became insane. This contract becomes unenforceable
due to:

destruction of subject matter. A.

intervening illegality. B.
implied revocation. C.
death or insanity of either D.
party.
Define the following

1- Contract
2- Consideration
3- Undue Influence.
4- Offer
5- Acceptance.