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Question 1 (1 point) The U.C.C. standards for the United Commercial Code True False Question 2 (1 point) Which of the of following is NOT a defense to a common law breach of contract action? O Statute of fraud Perfect Tender Rule Duress Mistake Question 3 (1 point) In general, a party's silence does not constitute an acceptance under common law contracts? True False Question 4 (1 point) Which of the following jurisdictional requirements CANNOT be waived by parties in a contract? Personal jurisdiction O FOB O Subject matter jurisdiction Venue Question 5 (1 point)Question 5 {1 point} The CISG is a federal contractual law that applies between merchants in signatory states for the sale of goods. If parties do not want the CISG to apply but state law to apply to their contract, they must _______________________________ . O opt in because state law preempts federal law. O opt in because federal law preempts state law. 0 opt out because federal law preempts state law. 0 opt out because state law preempts federal law. Question 6 {1 point} Your friend Nancy tells you that Bob has refused to pay her for typing a report and he owes her 2500. Both parties live in Los Angeles County. What court can Nancy file a claim in? 0 Small Claims court located in Los Angeles. 0 Federal District Court located in Los Angeles 0 Los Angeles Superior Court {limited} O Federal Court oprpeal located in Los Angeles Question 1 {1 point} To have a valid contract under California law, there must 0 an offer. acceptance. and consideration C) an offer and consideration only C) an offer, acceptance, consideration. legality, and capacity 0 an offer, acceptance, consideration. legality, and no mistakes Question 3 {1 point] A party who has filed a lawsuit can serve the complaint on the defendant. Question 9 {1 point] Article 2 of the U.C.C. applies to all contracts between merchants for the sale of goods and services. Question 10 {1 point) Bob. a California resident. wants to sue Kathy. a Washington resident. for breach of contract with damages over 100,000. What court can Bob file his lawsuit in? O Federal and State court. O Federal or State court. O State court only 0 Federal court onll.F Question '11 {1 point) The "Mirror Image Rule" does not applyr under the U.C.C. Question 12 {1 point} Which of the following is NOT a form of ADR? O Arbitration 0 Filing a lawsuit in the appropriate court. 0 Mediation O Negotiations Question 13 {1 point} Greg and Smith entered into a contract that had the following provision: FDB Los Angeles. INCDTERMS 2010. What trade terms are applicable? 0 Common Law Contract 0 u.c.c+ O INCCJTERMS 0 Federal law Question 14 {1 point} If a plaintiff requests a bench trial then _______________ will hear the case. 0 3 Jury 0 an arbitrator O a mediator H.___J.'!__ if I'd ._ _'.'._I.'| Question 15 (1 point) In July, Jung and Aleries entered into a contract whereby Jung would deliver 500 widgets and Aleries would pay 12,000 for the widgets. In August, both parties decided to cancel the contract. Which of the following equitable remedies would return the parties to their pre-contractual positions? specific performance restitution and rescission O reformation O quantum meruit Question 16 (1 point) Jose and Mary are both merchants. Mary sent a P.O. to Jose for 20,000 electrical appliances for Mary's store. Jose sent an invoice for 150,000. Neither form included a place of delivery. What result? A contract has been established and it would be Jose's place of business or the location of the goods. O A contract has been established but battle of the forms will come into play. No contract has been established. O A contract has been established but firm offer would apply. Question 17 (1 point) Jose and Mary are friends. Mary wants to buy Jose's car and offers him 15,000. Jose does not respond. The next day Jose emails Mary and writes " I can sell you my car for 16,000. What result? Jose accepted Mary's offer by silence. Jose rejected Mary's offer and presented a counteroffer of 16,000. Mary's can decide which offer to accept -15,000 and 16,000. O Jose revoked Mary's offer and therefore cannot make an offer.Question 17 (1 point) Jose and Mary are friends. Mary wants to buy Jose's car and offers him 15,000. Jose does not respond. The next day Jose emails Mary and writes " I can sell you my car for 16,000. What result? Jose accepted Mary's offer by silence. O Jose rejected Mary's offer and presented a counteroffer of 16,000. O Mary's can decide which offer to accept -15,000 and 16,000. O Jose revoked Mary's offer and therefore cannot make an offer. Question 18 (1 point) Punitive damages are rare in contract actions. O True False Question 19 (1 point) Complete performance under a contract will discharge both parties' obligations under the contract. O True O False Question 20 (1 point) Interrogatories, deposition, request for admissions are tools used for discovery in a lawsuit. O True False