1. A statute is a judge-made common law rule.

True

False

2. A state court has in personam jurisdiction over defendants who are citizens or residents of the state.

True

False

3. Summary judgment cannot occur before trial.

True

False

4. If a person lacks capacity because of intoxication, his contracts are void.

True

False

5. An express warranty may be based on a description of the goods by the seller.

True

False

6. The intentional, harmful, or offensive touching of another without his consent is battery.

True

False

7. Strict liability is only imposed on defendants who intentionally wrong a plaintiff.

True

False

8. InMacPherson v. Buick,MacPherson won because the court held that a manufacturer is under a duty to make a product carefully, regardless of privity of contract.

True

False

9. In general, contracts must be in writing to be enforceable.

True

False

10. An agent's knowledge is not imputed to the principal unless the agent actually communicated that knowledge to her.

True

False

11.The UCC contains a series of gap-filling provisions which can be used to fill in missing terms in an agreement.

True

False

12.Wrongful coercion and threats of harm that induce a person to enter or modify a contract is known as undue influence.

True

False

13. A promise to refrain from doing an act can constitute consideration.

True

False

14. . If Bud threatens to shoot Stevens with a gun, which Bud knows is unloaded, but Stevens does not:

A. Stevens cannot recover damages because he suffered no actual injury.

B. Stevens can recover damages for battery.

C. Stevens cannot recover damages because Bud did not intend to threaten him.

D. Stevens can recover damages for assault.

15. The power of a court to decide a particular kind of dispute is called:

A. Subject-matter jurisdiction

B. In rem jurisdiction

C. In personam jurisdiction

D. Venue

16. A tort action may be based on:

A. Negligence

B. Strict liability

C. An intentionally caused injury

D. All of the above

17. Under the theory of quasi-contract:

A. A party is required to pay the contract price for a benefit conferred.

B. A party is required to pay the reasonable value for a benefit conferred.

C. A party is not required to pay for the benefit, but is obligated to return that benefit to the other party.

D. A party is not required to pay for the benefit, and is not obligated to return the benefit.

18. A "grumbling acceptance":

A. Operates as an acceptance

B. Revokes the offer

C. Is a rejection of the offer

D. Is treated as a counteroffer

19. Which of the following elements is NOT always required for an enforceable contract?

A. An offer;

B. An acceptance;

C. Voluntary consent by both parties to the contract;

D. Written evidence of the contract.

20. Which of the following statements concerning a counteroffer is correct?

A. A counteroffer is a conditional acceptance

B. A counteroffer is a revocation of the offer by the offeree

C. All of the above

D. None of the above

21. Briefly explainthe facts and outcome, usingthe majority and dissenting opinions, in thePalsgraf v. Long Island Railroadcase we discussed in class. (This case is not in your text...)

22. Michelle was injured when she was forced to detour around a snow-covered sidewalk in front of her neighbor's house. She crossed the street and was bitten by a wild skunk which had hidden behind a tree on the opposite sidewalk. Assuming there is an ordinance in her city that requires property owners to shovel snow from their sidewalk within 12 hours of snowfall, and the neighbor had failed to do so, may Michelle recover damages for Negligence from her neighbor? Why or why not? Please use all 4 elements of Negligence in your answer.

23. On March 15, 2012, Cape Cod Sail Loft sent Lance Sturdy, noted yachtsman, a letter offering to furnish Lance's entire sail inventory for the upcoming sailing season for $25,000. Cape Cod's letter provides that Lance must accept by certified mail and "no contract will result until we receive your acceptance as specified." On April 2, 2012, Cape Cod, disturbed by its rising labor costs, sent an e-mail to Lance revoking its offer and stating a new price of $28,000. Lance received the e-mail ten minutes after mailing a letter of acceptance to Cape Cod by regular mail. When Cape Cod refuses to apply the sails for $25,000, Lance files suit. Should he win? Why or why not?

24. What are the elements needed to win a strict liability case in product liability?

25. What are the elements of an enforceable, valid contract?

26.Define any 5 different concepts/rules of law from the law sections of this class, and cite and explain a case from the text or class lectures as an example for each such concept/rule and explain the facts in the case and who won and why. Please type up your answer using Word and upload it here. Each of the 5 answers is worth 20 points. You may write it up using an outline or bullet-point format, and not full paragraphs. For example:

1. Concept: definition

Case: name and facts and who won and why.

2. Same set-up as above....and also for 3, 4 & 5....