Question
Could you please fill in the blanks. Thanks 62. What is the trial level court called in New Jersey ? S..________________________ 63. Define Stare Decisis________________________________________________________
Could you please fill in the blanks. Thanks
62. What is the trial level court called in New Jersey ? S..________________________
63. Define Stare Decisis________________________________________________________
64. Explain difference between Criminal Law and Civil Law
______________________________________________________________________________________________________________________________
65. What are Equity Claims ?_________________________________________________________
66. Explain the difference between an AGENT an an INDEPENDENT CONTRACTOR
___________________________________________________________________________________________________________________________________________________________________
66. What is Vicarious Liability?
________________________________________________________________________________
67. What is the main advantage of a Chapter S Corp. over a Chapter C Corp?______________________________________________________________________
What is the main advantage of an LLC over a Chapter S Corp?
_____________________________________________________
68.ABC Company solicits in the newspapers for a BID under $3,000 to a construction job.DEF Co. responds and accepts agreeing to do the job for the specified amount and details. This is nota valid Acceptance sufficient to make a contract since ABC's solicitation is considered an I..______________________and not an Offer.
69.Joe is a Police officer . Sam is being assaulted and screams to Joe that if Joe saves him, Sam will pay him $500.Joe does save him but Sam refuses to pay the $500.Can Joe sue to enforce the deal? (yes or no) ______________? Why ?_______________________________________________
70.Joe agrees to fix a porch for Sam for $500, whenever he gets around to it..Sam agrees. This is not a binding contract since Joe's offer is il.. _______________________
71-72.Joe enters into an agreement with Steve who is 17 yrs. old to sell Steve a car for $450.00.
Initially can Joe enforce the agreement? ______?Why?_____________________________________
Initially can Steve enforce the agreement?____________? Why?_________________________________
In a year Steve in writingsays he will proceed with the deal?
Can Joe now enforce the agreement? ______?Why?___________________________________________
73. Agreement between four gas stations in a town to keep gas price at a specified high price is considered r..__________________ trade and considered against p_____________ and therefore illegal and (valid, void, voidable)__________..
74.Agreements that promote Marriage (pick one> are /are not )considered against public policy and therefore are (valid, void, voidable)_______________...
75.ALL Covenants not to compete are illegal.... (True or False?)..________.Why ___________________________________
76Exculpatory Clauses mean clauses thatrelieve a party of Some sort ofunintentional t..______ orc________L.._________.... BUTExculpatory clausesthatexclude li..._________for FRAUD are (Enforceable or unenforceable)? _______________;
77. Unconscionable Contracts may be "Procedurally" Unconscionablewhich means there is unfairness in the party's lackofkn__________ or und..____________ of the terms of the contract due toprocedural irregularities.
Unconscionable Contracts may be "Substantively" Unconscionablewhich means there is unfairness in the actual termswhich unfairly deprives a party of the be..._______ of the agreement.
78..Agreements that o..________ justice are considered against Public Policy and are therefore legally not enforceable.
79.-80. Joe enters into an agreement in which he agrees to leave a jobas a real estate salesmanwith Resax Reality. He agrees he willnot take any other competing job as an real estate agent ANYWHERE in the STATE for 10 YEARS. Is this clause enforceable?_______;WHY?_________________________
How about if the restraint is Anywhere in TOWN for ONE year. Is that enforceable?______________ Why?____________________________________________
81.. .Stevesells a gym membershipdoor to door in a town but has not paid the salesman's licensing fee to the town..Steve sells Jack a membership.Jack refuses to pay Steve saying the sale agreement is not enforceable since Steve did not pay the license fee. Will the Court enforce the sale agreement.?__________; Why__________________________________________________
82. Steve sells a housing renovation deal to Jack . It turns out Steve does not have a contractor's license. .Jack refuses to pay Steve saying the agreement is not enforceable since Steve did nothave a license. Will the Court enforce the sale agreement.?_ ________; Why ?________________________________
83.If there is a Unilateral MISTAKEas to a CONTRACT,it (will,will not ) ___________serve as a defense to REAL ASSENT and defeat enforceability ..If there is a Mutual MISTAKE , it (will,will not ) ______serve as a defense to REAL ASSENT and defeat enforceability..
84-85. Fraudulent Misrepresentationmay be Fraud in the Ind..___________or Fraud in thee.._________________.
If somebody switches pages of a contract before getting them signed by a second party then that is Fraud in the_____________.
If somebody fraudulently misrepresents a fact about the SUBJECT of the contract then it is Fraud in the ________________.
87.Fraud may include a mis..__________ of fact,a con..________ of a relevant fact,ora nondis__________ of a relevant fact.
88-To prove fraud you must show i. A material mis..._______________,ii. that it was int...___________ made,andiii. that there was rel..___________ by the victim.
89.The Common law alloweda victim to eithergetresc________of the contract OR seek da..____________ but not both.However the U.C.C. allows a victimto (seek one or the other,seek both, seek neither)__________.
90.The Court in deciding whether a Statement was actually meant to be an Actual Offerwill use the O.._________ test to decideand in this they will consider whether ar.._________ person would consider it as meant to be an offer.
91-92 .An infant/minor who lies abouthis/her age enters into a contract.Normally such a contract is voidable since he is a minor, but because he lied about the age , the contract is consideredwhich?
(valid, void, voidable, unenforceable).. _________________
An infant/minor enters into a contract for some medical treatment. The contract is (valid, void, voidable, unenforceable).. _________ because it is deemed for a n..____________
93-94. Dan was working for ABC Store. It was discovered that he had stolen $500.The owner of ABC Storesaid he would file a CRIMINAL COMPLAINT unlessDan agreed to pay him $500.Dan agreed.
Is this contract enforceable?Yes or no____________; Why?___________
Dan was working for ABC Store. It was discovered that he had stolen $500.The owner of ABC Storesaid he would file a CIVIL SUITcomplaint unlessDan agreed to pay him $500.Dan agreed.
Is this contract enforceable?Yes or no_____________; Why ?_______________________
95.The general rule is that all Contracts need to be in writing. (True or False)__________
96.The Statute of Frauds requires that certain types of Contracts must be in or supported by________________
97-98The Common Law Statute of Fraudsapplied to the following 5 types of contracts..__
i_________________________ ii. ________________________
iii._________________________, iv.________________________
v. ____________________________
99-100The U.C.C. added the following 3 types of Contracts to the Statute of Frauds.
__i__________________; ii._______________________
iii._______________________
101.The Statute of Frauds requires the ACTUAL CONTRACT to be in writingfor some cases(True or False) ______________;
Explain_________________________________________________
102. The Parole Evidence Rulesays that a Written contract, meant to be the entire agreement,bars evidence from before the contract to showthat the parties had meant __________________ beyond the written agreement termsBUT does not bar evidence to __________ an ambiguity
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