1 . Stacy mails Jennifer an offer to sell Jennifer 43 bags of rice for $107 . 00 . Jennifer replies to Stacy by mail , stating , " I agree to pay $105 . 75 for 43 bags of rice . Neither Stacy nor Jennifer are merchants . What is the status of Stacy's offer ." a . Jennifer has accepted it* b. Jenifer has rejected it and counteroffered . C . Jennifer has breached her contractual duties d. Jennifer has created a condition precedent . 2 . _ enacted in most but not all states , impose liability standards on the owners and employees of a public establishment where alcohol is served . These* laws allow a third party who has been injured or harmed to recover damages against the bar and any bar employee who served alcohol to an obviously intoxicated person if that person injures or harms another after leaving the bar ." 3 . Mike mails a letter to Lakeisha on Monday , May 1 , offering to sell his car to Lakeisha for $500 . Lakeisha receives Mike's letter on Thursday , May 4 . On Friday , May 5 , Lakeisha mails a letter to Mike informing Mike that she accepts the offer . On Saturday , May 6 , before Mike receives Lakeisha's mailed acceptance letter , Mike has second thoughts and mails a second letter to Lakeisha , withdrawing the offer . What is the status of Lakeisha's acceptance as of Saturday , May 6 ?' the acceptance is valid b . the acceptance is invalid* C . the validity of the acceptance will have to be determined by a federal judge d . the validity of the acceptance will have to be determined by a state judge* 4 . Jorge is a student at Rowan University . On Saturday , June 1 , Jorge places an ad online , in an effort to sell his laptop computer . Felix is an aging minor-league utility player who lives in Trenton . On the afternoon of June 2 , Felix responds by telephone to Jorge's ad , and Jorge and Felix agree on a price for the computer . Jorge tells Felix the computer will be available for pick up on the following morning ( Monday , June 3 ) . Felix tells Jorge that* he has baseball practice all week and he can't come to Glassboro to get the laptop until the morning of Saturday , June 8 . On the night of June 5 , a burglar breaks into Jorge's* dorm room and steals the laptop . Who had title to the laptop at the time of its theft ?" the burglar b . the federal government . Jorge d . Felix 5 . Courtney's car has balding tires . Sam owns a hoagie shop on the outskirts of town . Sam* does not customarily sell tires , but he has a few new tires that he was given by his brother Stan . Sam keeps the tires in the back of the hoagie shop , hoping to sell them to some hapless motorist . Courtney comes in one day with a flat tire on her station wagon* and buys a replacement tire from Sam . Is Sam a merchant in this tire purchase , according to the UCC ?* 2 . Yes b. NO 6 . Explain your answer . 7 . In which state would the UCC NOT apply as to the facts in Question FIVE ? New Jersey b. Pennsylvania . Louisiana d . California 8 . Which of the following will NOT be enforced by a court ? a . { a written agreement to buy a 5- acre tract of land for $5 b. an oral agreement to lease a refrigerator for an 1 1 - month term for $800 . C . an oral agreement to buy a used refrigerator for $550 .* d . a written agreement between a landlord and a tenant's parent where by the parent agrees to pay any rent that the student refuses to pay9. Hank is a n avid racist who owns a gas station outside of Glassboro. He employs four white people at the gas station. Curtis is an African-American man who applies for work at the gas station. Hank tells Curtis that his is a family-owned business that has never hired black people and he plans to keep it that way. He refuses to consider Curtis for employment because he is black. Under which discrimination statute can Curtis sue successfully? Either federal or state antidiscrimination law Under federal anti-discrimination law Under state antivdiscrimination law Curtis cannot sue because this is a fa mily owned business and is exempt from discrimination laws. ape-9: 10. A senator makes a false allegation against a professor at a nationally televised Senate hearing. The professor loses herjob as a result of the senator's false accusation Can the professor prevail in a lawsuit against the senator for defamation? a. Yes b. No 11. Explain your answer. 12. Assume the same facts as in Question TEN. The professor, enraged at having lost her job, calls a press conference and repeats a rumor about the senator's having married his cousin that she believes to be true based on her meticulous research. This rumor also turns out to be false. The senator loses his next election because of the professor's publication of the false rumor. Willthe senator prevail in a lawsuit for defamation against the professor? a. Yes b. No 13. Explain your answer. 14. The - provides that any writing intended by the parties to be the nal expression of their agreement may not be contradicted by any oral or written agreements made prior to the writing. 15. A student takes a professor's car without the professor's permission. The student drives the professor's car to the local Wawa convenience store, then goes to the post office to pick up a package, then takes his friend to the airport, and then decides to drive to Portland, Oregon to pick his friend up when his flight arrives. He gets an apartment in Portland and begins working on an urban fa rm. He stays in Portland for 11 months. Then he decides to return to Rowan. He drives back to Glassboro and delivers the car to his professor 11 months later. The car is undamaged and has a full tank of gas. What, if any, tort has the student committed? a. No tort has been committed b. Conversion c. Trespass d. Trespass to chattel 16. Eva is an insurance salesperson in Pensacola, Florida. She is paid $29,000 a year plus commission to go doorto door selling insurance policies. The job requires a high school education and Eva is closely supervised by a sales manager. Her work is of a repetitive nature. Eva often works 60 hours per week. She has worked an average of 60 hours per week for a month? Will she be eligible for overtime pay under FLSA? 18. Adam and Frank are both merchants. Frank is preparing to host a Christmas extravaganza for a major corporate client. On September 1, Frank and Adam agree that Adam will deliver 750 cases of Budweiser beerto Frank by December 24 and that Frank will pay Adam $7,000 for the beer. The agreement is put in writing and signed by both Adam and Frank. On September 2, Frank wires Adam the $7,000. On December 1, Frank receives a shipment of 600 cases of Budweiser and 90 cases of Cherry Coke. Which of the following is an option for Frank? 3. Frank can accept the shipment in its entirety. b. Frank can reject the nonconforming part of the shipment and accept the conforming part with the understanding that Adam will have the opportunity to cure by December 24. c. Frank can reject the entire shipment with the understanding that Adam will have the opportunity to cure by December 24. cl. All of the above 19. Assume Frank, after rejecting the Cherry Coke portion of Adam's December 1 shipment, went online on December 21 and placed an order with a Chicago company called Next Day Beer. Next Day specialized in shipping large amounts of beer overnight, but charges a premium to do so. Frank orders and receives 150 cases of Budweiser beer. Next Day Beer bills him $14,000. Frank asks Adam to pay him the difference and Adam refuses. Frank sues, demanding that Adam cover the $14,000 he paid for the 150 cases of beer. Will Frank win? a. Yes b. No 20. Dez is an African-American historian from Dallas, Texas. He was a history major in college and has done graduate coursework in American nineteenth century history at Southern Methodist University. He had seasonal work but is recently unemployed. Dez applies for a position at a Civil War reenactor's camp at Antietam, Maryland. He is a student of military history and wishes to play a Confederate general. The camp's manager says that it would be silly to hire a black man to play a Confederate general, and instead offers to call him when one of the camp's few positions as a soldier in an all- black infantry unit comes open. Dez insists on working as the Confederate general. He sues, alleging disparate treatment discrimination. The employer admits that it refused to hire him because of his race, but says there is a valid legal defense for this. Is the employer correct?. a. Yes b. No 21. Same facts as above, but Dez applies for a position as marshal of the annual Irish American parade at the battleeld. The camp's manager refuses to hire him for this position because he is not of Irish descent. Is the employer's refusal disparate treatment discrimination? a. Yes b. No 22. Explain your answer. 23. 24. 25. 26. 27. is one of a principal's remedy to an agent's breach of his duties. It allows a court to orderthe agent to return any funds earned because of his breaching conduct. Fred owns a golf course with a giant statue of a friendly dragon eating an ice cream cone intended to lure parents with small children. He has had bad knees since he led the charge up Pork Chop Hill during the Korean War and was felled by shrapnel from a North Korean grenade, which injured both his knees. As a result of his bad knees, Fred nds it difcult to walk the entire golf course every day to inspect for safety. His young assistant Sal used to do this for him, but Sal quit and went to study history at Rowan University. Fred is looking for a replacement but has not been able to nd anybody. Since the assistant quit, a large sinkhole has developed just beyond a hill on the back nine. Fred hasn't seen the sinkhole because he is unable to walk to inspect the course. One day a customer comes to pay to golf at Fred's course. The customer pays Fred and rides away in his golf cart. When he crests the hill, the customer falls in the sinkhole and breaks his back. The customer wants to sue Fred for breaching his duty as a landowner? Will a court agree that Fred breached his duty to the customer? a. Yes b. No Assume the same facts as in Question Twenty-One. Later that day, lack, Fred's old squad leader from his days in Korea, comes by to have breakfast. After a full meal and much conversation about the old breed, Jack gets sleepy. lack asks Fred can he go to Fred's house to take a nap on his veranda. Fred grumbles and curses and mutters but eventually says yes, and tells Jack to take a golf cart so he doesn't have to tread with his large feet upon the new Bermuda grass. To get to Fred's house, Jack has to cross the golf course. lack drives over the hill and plunges into the same sinkhole, his golf cart landing on top of the customer's. Jack breaks his leg in the accident. Jack wants to sue Fred for breaching his duty as a landowner. Will a court agree that Fred breached his duty to his friend? a. Yes b. No Steve is a beer truck driver. His beer run takes him from Philadelphia to Trenton every day. He makes several stops along the way for deliveries. The beer company has given him a very precise route to follow. One scorching July day, Steve drives ve minutes out of his way in orderto buy lemonade at a convenience store. As soon as he buys lemonade, he plans to resume his deliveries. As he rounds a corner in the convenience store parking lot, his beertruck strikes and injures an old lady. The old lady wants to the beer company. Will the old lady be successful in suing the beer company? a. Yes b. No Eva is a beer truck driver for the same company. Her beer run takes her from Philadelphia to Glassboro every day. The beer company has also given her a very precise route. On a Friday morning, Eva's boyfriend calls and asks herto take the beer truck and meet him in Atlantic City for a day of gambling. Eva says she can only spend four hours in Atlantic City. During that time, she will gamble, get a manicure and pedicure, and have a steak dinner. She plans to nish her deliveries afterwards. She drives the beertruck to Atlantic City, and while searching for a parking space in a casino parking lot, she rear ends a fancy convertible driven by a Thai heiress, who has been travelled in the United States with her pet tiger. The heiress wants to sue Eva and the beer company. Will the heiress be successful in suing Eva and the beer company? a. She can sue neither. b. She can sue both. c. She can sue Eva but she can't sue the beer company. d. She can sue the beer company, but she can't sue Eva. 28. The Thai heiress has a sign on her car warning people not to approach because of the dangerous tiger lurking unseen behind her tinted windows. She has a license to own the tiger. The tiger has graduated tiger obedience school and has all his circus certications. The tiger is muzzled and held in her car by steel chains. He is an extremely friendly tiger. When Eva approaches the heiress to apologize, the tiger. having been startled by the accident, breaks its muzzle and the chain and bite's Eva's arm off. Eva wants to sue the heiress undertort law. Will Eva win? Yes, the heiress was negligent. b. No, the heiress met her duty of care and could not foresee that the tiger would break its muzzle and chain. Yes, Eva will win under strict liability d. Yes, the heiress committed an intentionaltort of battery. E" 29. Shelly is atalented songwriter and music teacher. Barbara's son is tone deaf. Shelly offers to tutor Barbara's son for the remainder of the school yearfor $10,000, payable at the rate of $1,000 on the rst of each month during the school year. Barbara accepts. Both parties begin to perform. At this point is the contract executed or executory? In November, a billionaire Norwegian prince proposes to Shelly and buys her a cottage in Oslo as well as a Ferrari and a stable of ne horses and cows. She contacts Barbara and tells her that she cannot perform the remainder of the contract, but offers to write five songs for her if she will agree to relieve Shelly of her obligations under the original contract. Barbara accepts. What is this subsequent agreement called? 30. Which of the following are reasons why an employer may prefer to hire Maxie as an independent contractor ratherthan as an employee? a. to save employer's contribution to Maxie's Social Security taxes b. to prevent the employerfrom being held liable for Maxie's negligence c. to prevent paying for worker's compensation insurance for Maxie d. all of the above 31. Irv is a nightclub bouncer with a bad temper. One warm and muggy Saturday evening, Basil derides Irv, calling him a jade, a practiced rufan and a seller of heroin. He also mocks lrv's tight shirt. The patrons in the line erupt in laughter. Irv becomes enraged at Basil's rudeness. He comes from behind the counter in a crouched defensive position and strikes two blows to Basil's midsection, fracturing one of Basil's ribs with his second, more powerful blow. Basil believes that the nightclub will be liable for Basil's battery. The nightclub had no knowledge of Infs temper before this incident. Will Basil be successful? a. Yes b. No 32. Explain your answer. 33. Underthe UCC, the seller must tender the goods in a manner that matches the contract terms in every respect. This is known as the 34. For disparate impact discrimination claims, what is the percentage score that the lowest scoring group must have to prevail