Question
15. The UCC (Article 2) governs contracts for the sale of goods. True or False 16. Serena signed a contract to perform at a Berkeley
15. The UCC (Article 2) governs contracts for the sale of goods. True or False
16. Serena signed a contract to perform at a Berkeley night-club, for $5,000. If Serena and the night-club later have a dispute about this contract, the relevant law would be: a. The UCC (Article 2) b. The common-law of contracts c. The common-law of torts
17. A minor has entered into a signed, written agreement with an adult for the purchase of a car, for $5,000. The minor has paid the adult $1,000 as a partial payment, and has had the car for about one week. Now, the minor wants to cancel the contract. The adult refuses to cancel the contract, because he wants the full $5,000, and he no longer wants the car. The minor is able to walk to her high school, and to her part-time job, and does not need the car. If this goes to court, the judge should rule that the minor: A) is bound by the agreement, because it is written and signed. B) is bound by the agreement, because it is for more than $500. C) can declare the contract void, but cannot get back her $1,000 partial payment. D) can declare the contract void, and will be able to get back her $1,000 partial payment.
18. I am about to buy a bicycle from Oakland Cycling Co., for about $800, so I can get more exercise this summer. This purchase-contract transaction will be:
a. covered by the UCC (Article 2) because one of the parties is a Merchant.
b. covered by the UCC (Article 2) because it involves the sale of goods.
c. covered by the UCC (Article 2) because it is a contract for more than $500.
19. Washington State recently passed a law to de-criminalize the purchase and use of small amounts of marijuana for personal use within the State of Washington, for residents over 21. However, if a Washington business sets up a store to sell marijuana, they could still be prosecuted by the federal government. This is because in a conflict between state law and federal law, the federal law will prevail, due to which part of the US Constitution?
a. | Due Process Clauses c. Supremacy Clause |
b. | Equal Protection Clause d. Federalism doctrine
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20. The City of Oakland arrests a business owner for allegedly violating a health-code law in his cafe. The city prosecutor reads aloud in court a statement from the city as to why the business owner is guilty. The judge declares the business owner guilty before the owner can even tell her side of the case. If she challenges her "conviction" by the judge, by appealing to a higher court, the owner should be able to get her conviction in the lower court over-turned, because of which US Constitutional protection:
a. | Due Process Clauses c. Supremacy Clause |
b. | Equal Protection Clause d. Federalism Doctrine |
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21. The federal government can put some limits on the kinds of advertising that cigarette companies can use. The courts have upheld these government limitations on the freedom of speech of tobacco companies, on this basis:
a. | This is a valid exercise of police powers of the government. |
b. | This is a valid exercise of Second Amendment powers of the government. |
c. | This is a valid exercise of the Fourth Amendment powers of the government. |
d. | This is a valid First Amendment exercise of the government businesses have fewer rights of commercial speech under the First Amendment than if they were trying to restrict political speech. |
22. Arthur is getting older and weak. Arthur sends a letter to Mark, a fishing buddy he has known for many years, saying that he plans on writing a new Will, and in the Will he plans to give Mark his fishing boat when he dies. Arthur dies before he can actually sign a new Will. Arthur has a valid Will from ten years ago, in which he named his son Sam as his heir to inherit everything. The fishing boat is worth about $50,000. Mark has sent a letter to the Executor insisting he is now the rightful owner of the boat.
a. | The Executor must enforce Arthurs existing Will, and transfer the title to the boat to Sam. |
b. | The Executor must respect Arthurs recent letter as a substitute for a Will, and transfer the title of the boat to Mark. |
c. | The Executor should sell the boat, and give half of the proceeds to Mark, and the other half to Sam. |
23. Brad was having financial difficulties and thought bankruptcy might be in his future. He sold his antique car (worth $100,000) to his brother for just $10,000, on May 1, 2018. On May 10, 2018, Brad then used the $10,000 to pay off a personal loan from a close friend. On June 1, 2018, Brad filed for Chapter 7 liquidation bankruptcy. Will the Trustee-in-Bankruptcy be able to take the antique car back from Brads brother, and sell it to get money to pay Brads other creditors?
a. Yes, the Trustee can get back this valuable asset.
b. No, the Trustee cannot get back this asset.
24. Bill has written up an offer to Marco, to purchase Marcos fancy black Lincoln TownCar, for $40,000, but he has not sent it yet. This offer will not become effective until Bill actually communicates his offer to Marco. T/F
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