1 For Petra to recover the benefit for breach of contract to purchase a boat docking facility from Quayside Properties, the most appropriate remedy is: damages. reform. rescission. specific performance.

2 Erte has 1,000 pounds of perishable fruit in storage for the Fresh Stuff Corporation. Fresh Stuff does not pay for storage. Erte sells the fruit to Green Grocers, Inc. This sale represents

a breach of contract.

termination and reinstatement.

specific performance.

specific performance.

3 Dina contracts to repair a computer for Earl for $100. If Dina does not repair the computer, Earl must pay

$100. $50. $10. $0.

4 A contract between E-Debits and First Credit includes a provision that excludes liability as a result of fraud. This arrangement is

enforceable because the parties are protected from liability.

enforceable because the parties consented to it.

enforceable if the parties have equal bargaining power.

not executable

5 Xavier enters into a contract to operate a Yummy Yogurt franchise, which Yummy agrees to support as long as Xavier maintains his business license. Yummy's duty to perform is

absolute.

conditional. licentious. Operational.

6 Yvon enters into a contract to manage the operations of Zack's bank for one year, renewable for subsequent one-year periods. If this contract is fulfilled like most contracts, it will be

cancelled. delegate

litigated

performed

7 Drew is hired to sell a house to Evan. The contract states that if Drew does not sell the house by February 10, he must pay Evan half of the contract price. This provision is not applicable because it is

a liquidated damages clause. A material violation.

A damage mitigation.

a penalty clause

8 On May 1, Cy's Auto Sales agrees to sell a car to Dino. Five days later, Dino refuses the delivery and cancels the contract. Cy has the right to

force Dino to accept the car.

recover damages from Dino but not resell the car.

resell the car and recover damages from Dino resell the car but not recover any damage from Dino.

9 The government law called "Sunshine Act" relates to

environmental laws within the US

global environmental laws.

public disclosure of meetings. Ban on government officials tanning

10 Which of the following is an example of a street crime?

Stole

Embezzlement( Embezzlement) mail fraud

Bribery

11 Nevada has just passed a law that conflicts with the US Constitution. Which has priority and why?

The Nevada statute because the states are sovereign.

The Constitution of the United States because the United States is a democracy.

The Nevada statute because the United States is a democracy.

The United States Constitution due to the Supremacy Clause.

12 Great Internet, Inc. (GII), is an Internet service provider. GII's tech support employees are on strike. Six of the workers are blocking the door of GII. To get them away from the gate, GII must get

a specific performance decree.

citation. A court order (an injuction)

A termination.

13 Jill Vasquez is an appellate court judge. In this capacity, she establishes a rule of law. Under the doctrine of stare decisis, the principle must be respected by

All courts.

All courts. lower courts only

that court and lower courts

only that court.

14 The authority of a federal court to hear a dispute comes from

Article III of the United States Constitution. An order of mandamus. (a writ of mandamus) a writ of cerciorari (a writ of cerciorari)

Federal legislation.

15 Quality Products, Inc., files a lawsuit against Retail Sales Corporation. Sid witnesses the quality. Tod is a witness for Retail. Quality can direct interrogations to

Retailers only.

Retailer, Sid or Tod. sid alone. Sid or Tod only.

16 Kelly files suit against Lewis in state court. The case goes to trial, after which the court renders a verdict. The case is appealed to the state's highest court. After the state supreme court review of Kelly v. Lewis, a party may appeal the decision to the US Supreme Court if

There is a federal question involved.

A matter of state law remains unresolved.

one of the parties is not satisfied with the result. The state trial and the judgments of the courts of appeal are different.

17 During the trial phase of the Fuel Corporation's lawsuit against Gas Stations, Inc., their attorneys participate in voir dire. That is

The evaluation of the arguments on the topics.

Determining the topics to discuss. Litigation of issues and arguments.

The selection of the jurors.

18 Contracts Construction Corporation offers to buy from the Dry Cement Company a certain amount of cement at a certain price. Dry can accept the offer for

punctually sending the cement.

promising to send the cement. None of the above. Both A and B.

19 Sam, a Tennessee citizen, files a lawsuit in Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that

The case is being heard for the first time.

The court does not have concurrent jurisdiction. The court has standing. The court is seated

20 A contract for the sale of an apartment complex from Unique Properties to Variety Investments contains a misleading legal description. The most appropriate remedy for these parts is

damages.

reform

rescission. specific performance.

21 Miles files a lawsuit against Nina. At trial, each party's attorney presents the party's case before a judge who hears the dispute and makes a legally binding decision. That is

litigation

arbitration. mediation. negotiation.

22 Del, vice president of sales for EZ Products, Inc., adheres to religious ethical standards. The application of it involves an element of

absolutism.

rationalization after the fact. personal discretion. utilitarianism. 23 NuTech Company agrees to sell computer equipment to Office Stores, Inc. (OSI) for OSI to market to its customers. Your contract will not be enforceable unless it includes

The duration of the deal.

The price of the goods.

The quantity of the goods. The requirements of OSI clients.

24 When making a business decision, Brian, a people manager at Conservative Investments, Inc., applies his belief that all people have fundamental rights. That is

A religious rule.

The categorical imperative.

The principle of rights.

Utilitarianism

25 Nora's best critique of utilitarianism is that,

Encourages unethical behavior. Encourages unethical behavior.

encourages conformity to societal standards. it results in human costs that many people find unacceptable. results in human costs many people find unacceptable.

26 Bob, a research manager for Corn Products, Inc., applies utilitarian ethics to determine that an action is morally right when it produces The highest good for Bob.

the greatest well-being for the majority of people the least good for the least amount of people. the least good for most people

27 Take-It Construction Corporation makes an additional payment to a government official in Nigeria to obtain a contract. In the United States, this is

illegal and unethical

only illegal neither illegal nor unethical. just unethical.

28 Judges decide cases involving principles from various sources of law. The common law is

administrative law.

case law

civil law.

statutory law. 29 Henry writes on a piece of paper: "I, Henry, promise to pay George $100." According to the UCC, this is a

check.

drought (draft)

Note.

None of the above.

30 The Michigan state legislature enacts a transportation law that affects interstate commerce. This law will be

balanced in terms of the state's burden against the merit and purpose of interstate commerce.

balanced in terms of the state's interest in its merit and purpose against the burden imposed on interstate commerce.

struck down

Confirmed( upheld)

31 Congress enacts a law that prohibits the sale of toys made in China in the United States. The Hawaii state legislature enacts a law allowing the sale of toys made in China. Hawaiian law will probably be

invalidated under the Supremacy Clause

made valid under the Equal Protection Clause.

removed under the Taxes and Expenses Clause.

confirmed under the Commerce Clause.

32 May tries to start her car again without success. She yells at him that she'll sell the car to anyone for $10. Nick, a passerby who owns Nick's Used Cars, hands May $10. This is

A valid acceptance because May is seriously frustrated.

A valid acceptance because Nick is a car dealer. is not a valid acceptance because May has no serious intention of selling her car.

It is not a valid acceptance because Nick is a car dealer.

33 Kit offers to sell his boat to Liu. Liu agrees and unknown to Kit, Liu builds a dock for the boat. Kit's subsequent attempt to revoke the offer will be

Cash because Kit didn't build the pier.

cash because Kit did not know that Liu would build a pier.

ineffective because Liu justifiably relied on Kit's offer.

ineffective because Liu showed serious intent to close the deal.

34 Nina, a 17-year-old girl, signs a contract to sell her car to OK Used Cars. Nina receives a better offer the next day from Perfect Pre-Owned Cars, Inc., and accepts the new offer. Nina is subject to approval and she must sell it a car of comparable value.

she forced to accept and she must sell it in her car. she is not responsible for accepting because she is underage. she is not responsible for accepting because her acceptance of Perfect's offer disapproves of the deal with OK.

35 U-Can-Own-It Corporation sells appliances on installment plans to less educated consumers, including Viv. U-Can-Own-It files a lawsuit against Viv when she stops making payments. Viv claims the deal is outrageous. The court will likely consider

The geographic area of the relevant market.

The relative bargaining power of the parties. The quality of related products in the general market. t. The relationship of this agreement with that of other clients.

36 Sal hires the Tasty Pizza Company to deliver his products. Later, both parties change their minds and decide to cancel their contract. The next day, Sal again offers to deliver Tasty's goods. Tasty is willing to negotiate, but for a new price. Salt and Tasty can agree to a new contract, but it cannot include a new price.

You can accept a new contract that does not include the new price.

You can accept a new contract that includes the new price.

they must perform their original contract. they must perform the part of their original contract that is enforceable.

37 One of the elements of a contract is a fair price. Real Fake 38 If a contract stipulates that a right cannot be assigned, then it normally cannot be assigned.

Real Fake

39 If a condition of the contract is not met, the obligation of the contracting parties is released. Real Fake 40 Liquidated damages clauses generally require a breaching party to pay a certain amount to the non-breaching party.

Real Fake 41 A party that knowingly accepts the faulty performance of a contract, therefore, acknowledges the breach and can take further action on it.

Real Fake 42 If a contract for the sale of goods does not include a delivery date, there is no basis for performance. Real Fake 43 Under the UCC, an offer to purchase goods can only be accepted by expedited shipment of goods. Real Fake 44 The point at which the risk of loss of goods passes from a seller to a buyer is generally determined by the contract between the parties.

Real Fake 45 The commercial impracticability doctrine only extends to problems that could have been foreseen. Real Fake 46 During the arbitration process, a "submission" or presentation occurs when one of the parties agrees to waive their claim.

Real Fake 47 An implied warranty may arise from a course of dealing or usage of trade.

Real Fake 48 Many courts require mediation or arbitration before a case can go to trial. Real Fake 49 Any breach releases the non-breaching party from the contract. Real Fake