41. Jack offers to sell his house to Bill. He prepares a written offer but mistakenly transposes some numbers and offers to sell for $189,000 instead of $198,000 intended. He sends the offer to Bill who accepts the offer in writing. Bill's acceptance as he really is: a. unenforceable because of the Statute of Frauds. b. unenforceable because of the bilateral/mutual mistake of the material fact. e. enforceable because Jack must bear the responsibility for his unilateral d. none of the above. mistake. 42. Harold believes his old baseball bat has little value, but Murray is convinced it is a valuable collector's item. Harold sells it to Murray for $100 before learning it is worth $1,000. The contract: a. may be rescinded because a mutual mistake was made. may serve as the basis for a court order to Murray to return the bat. c. may be rescinded because Murray used his superior knowledge. d will not be canceled because the mistake relates to the value of the item. 43. Mr. Pitts offers to sell his house located at 1234 Main Street for $200,000 to Armstrong. If Mr. Pitts dies before the offer is accepted, the offer is: a. still valid and enforceable against Pitt's estate/heirs. b. terminated c. remains open for a reasonable time after death for Armstrong to accept or d none of the above. reject 44. Refer to the facts of Question 43. Now assume Armstrong accepts, then Pitt's dies. With respect to the agreement, the death of Pitt's a. discharges the obligations of both parties under the contract. b. allows Armstrong the choice of cancelling or continuing with the contract. c. has no effect on the agreement, Pitt's estate/heirs would be obligated to sell the property none of the above. d. 45. A doctrine that can be used to enforce a promise when the promisee has justifiably relied on the promise and when justice will be better served to enforce the promise as if it were legally binding even though it is lacking some element of a valid contract is called: a. Accord and Satisfaction b. Covenant Not to Sue c. Promissory Estoppel d. Forbearance 12 37. Refer to fact pattern in Question 36. Now assume that Jake responds, "I accept Would you be willing to close in 45 days?" Jakes response is: a. a valid acceptance, the closing date is a mere negotiation that does not affect the acceptance. b. a counteroffer and rejection of original offer. c. mere price negotiation. d. none of the above. 38. On January 7, Scott sends a letter to Aaron offering to sell his Xbox video game system for $50. On January 10, Aaron mails a letter of acceptance. On January 11, prior to receiving Aaron's letter, Scott faxes a letter to Aaron revoking his offer to sell his Xbox. As to the letters sent by Scott and Aaron: a. Aaron's letter is merely a counter-offer and Scott has the power to revoke. b. Scott's revocation is valid, no contract exists. c. Aaron's acceptance is effective upon dispatch and a valid contract exists. d. no contract because this contract must be in writing. 39. A contract in which a party has the option of avoiding or enforcing the contractual obligation is called: a. Unenforceable b. Void c. Valid d. Voidable 40. City Transport Corporation and Midwest Warehouses, Inc. enter into a 2 year lease agreement for a warehouse space in Sacramento. To be enforceable: a. the lease must be in writing only if the total amount of the lease is over b. the lease must be in writing only if both entities are considered California c. the lease must be in writing because all leases over 1 year must be in d. none of the above. $500 in value. corporations writing to be enforceable. 33. After repeated, failed attempts to teach his pure-bred golden retriever to fetch. Bill out of frustration and desperation yells, "This stupid dog will never learn, if I thought someone would buy him for the $499 I paid, I would sell him tomorrow." passerby, hands Bill a check for $499 and says, "I accept, I will see you tomorrow to take possession of my new dog." Fred's act: Fred,a a. constitutes a valid acceptance of a valid offer, a contract is formed b. does not constitute a valid acceptance because $499 dollars in not considered valuable consideration in the sale of goods. c. is not a valid contract because it must be in writing. d. does not constitute a valid acceptance, because there was no offer, a reasonable person would not believe that Bill manifested a serious intent to sell his dog. 34. Larry says to Nora, "Would you be willing to sell your baseball card collection for $499." This statement: a. is a valid offer and the power of acceptance is transferred to Nora. b. is merely an invitation to negotiate. c. is a quasi contract. d. is a counter-offer. 35. Starbucks offers to sell Big Jolt Java, Inc., 100 bags of its high caffeine content coffee beans. Big Jolt sends a letter to Starbucks indicating that it has decided to buy its coffee beans directly from a Peruvian supplier and rejects Starbuck's offer. The offer is: a. valid for a reasonable time to give Big Jolt an opportunity to solidify the contract with the Peruvian supplier. b. valid for a "reasonable time" after rejection. c. valid for the period of time prescribed by state statute. d. terminated 36. Ken offers to sell, in writing, his 3 acre ranch, known as "Ken's Hideaway," to his brother Jake for $625,000 closing in 90 days. Jake replies, in writing, "That price is too high. I will buy Ken's Hideaway for $500,000 closing in 90 days." Jake's response is: a. a valid acceptance. b. a counteroffer and rejection of original offer. c. mere price negotiation. d none of the above 29. Ron operates a scrap metal business and contracts to provide ten tons of scrap steel at s50 per ton to be delivered to Paul in six months. A shortage of scrap steel makes the price of steel go up and Ron is unable to fulfill his contract for less than $75 per ton. If Paul sues Ron for specific performance, the court would likely: a. b. cancel the contract for equitable reasons. cancel the contract because the change in steel prices would make the contract commercially impracticability c. cancel the contract because it is impossible to perform. d. uphold the contract because commercial impracticability does not provide relief for ordinary price increases. 30. In a breach of contract claim, Ed asserts that Nicole breached their contract for the sale of Nicole's house. Nicole responds that she never intended to enter into a contract with Ed. The court would evaluate whether a contract was formed using: a. the subjective theory of contracts. b. the objective theory of contracts. c. the conscious intent theory of contracts. d. None of the above. 31. A bilateral contract is created when one party gives a promise in exchange for the other party's: a. b. c. d. promise performance of a particular act. both a and b. None of the above. 32. Nick offers to pay Stan $400 if he paints his fence. Stan can only accept the offer by painting the fence. If Stan paints the fence, he and Nick will have formed? a. a bilateral contract b. a unilateral contract c. a quasi contract d. None of the above. 26. The broad categories of the Commerce Clause power are: I. channels of interstate commerce. II. instrumentalities of interstate commerce III. articles moving in interstate commerce. IV those activities "substantially affecting" interstate commerce. V fixtures, as defined by the Supreme Court I, II, and III only. I, II, ill, and IV, a. b. c. d. IV only. I, II, III, IV, andv 27. Steve, a police officer, pulls over John for a traffic infraction (John ran a red light). As Steve is coming up to the car, John makes several furtive (sneaky) gestures reaching the seat and in the glove box. Steve pulls his service weapon and orders John out of the car. He searches John's person and the interior compartment of the car. Steve finds a 9 mm gun locate charged. John asserts that the search was invalid because Steve did not have probable cause to search him or the car and asks the court to exclude the evidence (the gun) from trial. d under the passenger seat of the car. John is arrested and What is John's likelihood of success? a. Very good, because a police officer must have probable cause to search a person and their car. Here, it was a traffic stop and he did not have probable cause to believe that John had a gun. Very good, because Steve needs a warrant to search John and his car. Not good, because Steve only needs reasonable suspicion to search John and the interior compartment of his car if he believes that John is a danger to his safety. Here, the furtive gestures provide the reasonable suspicion needed to search for a weapon. Very good, because this is a classic example of a pretext stop which is unconstitutional b. c. d. 28. According to the Exclusionary Rule: a. persons who have biases that would prevent them from fairly deciding a b certain business records may be protected from subpoena by the c. certain parties to a criminal action may be excluded from a trial. case may be excluded from jury service. government illegally obtained evidence must be excluded from consideration in a trial. d. Rob is driving into the school parking lot when he sees Julia talking with Dave. He and get over to Julia to prevent Dave from "hitting" on "his girl." Rob punches the gas accelerating around the comer when he hits a spot of oil, Rob looses control of his vehicle, jumps over the curb and runs over Phil (who was standing about 20 yards from Dave and Julia), seriously injuring him. Julia and Dave were not injured and had their backs to the accident and did not see any of the accident, nor was Julia or Dave being struck. located across the street from the parking lot. The stand goes up in flames ar start shooting off in all directions. A Flying Tango Bottle Rocket ignites and shoots 10 yards to the north. The rocket flies directly into a gas trucks fuel opening as the driver becomes extremely jealous at the sight of this conversation. Rob wants to park quickly in fear of After hitting Phil, the car continues to slide and runs into a fireworks stand 0 prepares to refuel his truck. The truck explodes sending debris in all directions and many people are injured by the flying debris. Tom the truck driver and Sue a patron of the station are severely injured. Tim was also a patron at the station who witnessed the entire wild event. Tim was never in danger and was not injured. 18. Refer to fact pattern #1 : Phil sues Rob for battery. Phil's chances for success are: a. very good-because Rob failed to act as a reasonably prudent person b. not good- because Rob did not act with the intent to cause a harmful or c. very good - because of res ipsa loquitur. under the circumstances. offensive contact. all of the above. d. 19. Refer to Fact Pattern #1: Suesu s Rob under a theory of negligence. argument in defense of Sue's claim is: Rob's best Sue has no legally recognized cause of action because he was not the Actual Cause or (Causation in Fact) of the injury. Sue has no standing to assert her claim. Sue was not a foreseeable plaintiff and cannot prove Proximate Cause. Sue assumed the risk. a. b. c. d. 20, Refer to fact pattern #1: After the incident, Julia recognizes what an idiot Rob is and breaks up with him. In addition, Julia files a claim against Rob for Negligence and Assault. As to the Assauli claim, Julia's chances for success are: very good-because Julia was almost run over by Rob and should recover. not good -because Julia was never in a reasonable apprehension or fear of immediate harmful contact. very good-because apprehension should not be confused with fear. none of the above a. b. c. d. 21. R eter to fact pattern #1 and guestion 20 above. As to Julia's Negligence claim, Rob's best argument for his defense of Julia's claim is: a. Julia lacks standing. b. Julia was not a foreseeable plaintiff. c. Julia suffered no injury as a result of his negligence. d.Julia assumed the risk and was contributory negligent. 22. Mens Rea can best be defined as: a. The commission of a prohibited act. b. Wrongful mental state or intent. c. A Latin phrase meaning, "let the buyer beware." d. None of the above. 23. A nonviolent crime committed by individuals or corporations to obtain a personal or business advantage is called: a. Battery b. Robbery c. Involuntary Manslaughter. d. White-Collar Crime. 24. The purchase or sale of securities on the basis of inside information (information not disclosed to the general public) is commonly referred to as: a. Insider Trading. b. Mail Fraud. c. Money Laundering. d. Bribery 25. Joe is getting ready for bed one night and hears a loud sound in his front yard. He grabs his 357 Magnum (gun) and runs outside. He encounters three men breaking into his car. He yells and raises the gun, pointing it directly at Bill (one of the men). Bill and the other men turn and start running away from Joe. Joe fires one shot hitting Bill and dropping him in his front yard. Bill is injured, but does not die from the gunshot wound. Joe is charged with a crime for shooting Bill. Joe claims self-defense. Is this defense likely to be successful under the circumstances? a. Yes, Joe can defend himself and property with adequate force to deter the b. No, Joe cannot use excessive force (in this case deadly force) to stop a crime being committed. property crime 14. A state statute requires amusement park owners to maintain their equipment in specific condition for the protection of their patrons. Ed, who owns an amusement park, fails to adhere to the requirements of the statute. As a direct result of this failure, Fran, a patron, is injured. Fran sues Ed under a theory of negligence. In an effort to prove Ed breached his duty of care, Fran's best theory would be: a custom or usage. b. res ipsa loquitur. c. negligence per se. d. diversity of citizenship. 15. Alpha Engineers, Inc. needs a drill to continue its operations and orders one for $1,500 from Mining Supplies Company, Alpha tells the supplier that it must receive the drill by Tuesday or it will lose $5,000 (the profit for a job they have scheduled on Tuesday). The supplier agrees to have the drill to Alpha by Monday. Mining Supplies ships the drill late and it does not arrive by Tuesday. Alpha sues for breach of contract Alpha can recover: a nothing because breach of contract damage awards are limited to b. $5,000, because this amount was foreseeable an as a direct result of the c. $1,500, because they should not have to pay for the dril due to the breach. compensatory damages only breach of contract, consequential damages none of the above. d. 16. Jake is an employee delivery driver for Don's Furniture. While delivering a sofa and loveseat to Mr. Smith, Jake accidentally hits Todd causing severe injury. Todd sues Don's Furniture for Jakes negligence. Don's Furniture a. is not liable. b. may be liable under the doctrine of respondeat superior. c. may be liable under a theory of strict liability d. may be liable under a theory of res ipsa loquitur 17. The provisions in Article 1, Section 8, of the U.S. Constitution? a. Create the Exclusionary Rule b. Are commonly referred to as the "Bill of Rights." c. Give the Congress the power to regulate interstate commerce. d. None of the above. Phil's only connection to For California to exercise I0. Gene files a suit against Phil in a California state cou California is an ad on the Internet originating fro jurisdiction, the issue is whether Phil's Internet ad Main. a. commercial cyber presence. .virtual business nexus as defined by the Supreme C d.sufficient minimum contacts with the forum state. a federal question. 11. Dana, an engineer, is hired When the bridge collapses due to faulty construction, Dana is st collapse under a theory of Negligence. As a professional, Dan standard of care (duty of care) as: to oversee construction of a new bridge in San Francisco. a is held to the same a. the ordinary reasonably prudent person in general society b. a reasonably prudent member of her profession in the same or similar community c. a person of average intelligence. d. none of the above. 12. The tort of Negligence can best be described as: a. an intentional act which causes injury. b. liability without fault. c. legal liability for failing to act as a reasonably prudent person under the circumstances. all of the above. d. 13. Delta Trucking, Inc. operates a trucking distribution service throughout the United States. The U.S. Congress recently enacted legislation outlawing the use of triple trailer trucks on any interstate within the United States. A triple trailer truck is a semi-truck with three trailers attached together. Delta would like to challenge this legislation in court. Delta's best argument would be: a. that the application of this statute violates procedural due process. b. that Congress lacks in personam jurisdiction. c. Congress can only regulate intrastate activities not interstate activities. d. that Congress has exceeded its constitutional authority to regulate interstate commerce as granted under the Commerce Clause. 5. Substantive Law can best be defined as: a. body of law concerned with wrongs committed against the public as a b a body of law consisting of all laws that establish the methods of enforcing c. a body of law consisting of laws that define, describe, regulate, and create d. all of the above whole, which are enforced by local district attorney offices. the established rights and obligations. legal rights and obligations. 6. Irma files a civil action against Jim. To succeed, Irma must prove her case: a. b. c. d. beyond a reasonable doubt. by indisputable proof. within an iota of truth. by a preponderance of the evidence. 7. Procedural Law can best be defined as: a. the law that establishes the methods of enforcing the rights established by b. the law that defines, describes, regulates, and creates legal rights and c. the law that requires that all similarly situated individuals be treated d. none of the above. substantive law obligations. similar. 8. An intentional tort must have which of the following elements: a. volitional movement by the defendant which causes injury/damage. b. intent to commit an act which causes harmful or offensive contact. c. failure to exercise the standard of care that a reasonable person would exercise in similar circumstances creating a dangerous situation. a and b, but not c. d. 9. Mark pushes Don. Don falls to the ground and breaks his arm. Under the civil law, Mark is liable to Don fot Don's injury: a. only if Mark had a bad motive or acted with malice. b. only if Mark intended to break Don's arm. c. if Mark intended the act of pushing Don. d. never because Mark did not intend to break Don's arm. under ip doretin under which judges are obligated to follow the precedents 1. What is the established in prior decisions? a. stare decisis b res ipsa loquitur common law d. post hoc. 2. Zed offers Cad, in 2ed offes Cad, in writing, 51,000 for his 1995 Toyota Tercel that has a fair market value of $3,000. Cad, but later has second thoughts and sues Zed to recover his car. A court the deperate for money, knowingly and voluntarily accepts the offer was not fair marketvent as unfair because the purchase price/consideration agreement and not question the adequacy of the consideration. was not fair market value. b. set aside the agreement because there was no mutual assent. d. both a and b 3. Statutory Law can best be defined as: a. laws enacted by legislative bodies at any level of government b. a body of law created by administrative bodies in order to carry out their duties and responsibilities. c. rules of law announced or created in court decisions. d all of the above 4. Ann gonvinces DD's Cleaners, a dry-cleaning business, to enter into a long-ternm purchase contract with her company, Chem-Clean, for dry-cleaning solution. However, unknown to Ann, DD's is only in the second year of a five-year contract with Zed's Solutions Inc., a dry-cleaning solution company that Ann is constantly fighting for business. As a result of DD's new contract with Ann, DD's Cleaners stops purchasing leaning solution form Zed, breaching the current five-year contract with Zed. Zed sues DD's for breach of contract and Ann (Chem-Clean) for wrongful interference with a contractual relation. Zed's likelihood of success against Ann (Chem-Clean) is: a. very good-because Ann induced the breach of contract. b. not good - because Ann did not have knowledge of the existing contract. c. very good-because all that Zed must show is that Ann reaped the benefits of the broken contract a and c, but not b. d