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What is consideration, and why is it important in contract law? List and explain the three primary categories of intellectual property law. List and explain the elements of civil fraud.List and explain the four elements of negligence.An agent always possesses ratification authority. O True O False D Question 12 An independent contractor is more subject to the control of a hiring party than an employee is. O True O FalsePatents are issued for artwork, such a songs, paintings or poems. 0 True 0 False Question 16 An agent may possess more than one type of authority at a time. 0 True 0 False Question 17 Federal law is the law passed by state legislatures. 0 True 0 False The Americans with Disabilities Act requires an employer to provide reasonable accommodations known physical or mental limitations of a person with a disability, unless such accommodations w impose an undue hardship on the operation of the business. 0 True 0 False Question 22 Copyrights must be examined by the PTO before copyright protection attaches. 0 True 0 False Question 23 Conversion occurs when a person intentionally makes false statements about another person. 0 True 0 False Parol evidence is always allowed to assist a court in the interpretation of a contract. 0 True 0 False Question 25 Agents owe duciary duties to principals. 0 True 0 False Question 26 Judicial review means: 0 The courts may determine whether the actions of the president and Congress are constitutional O The judge presiding over a trial must review all deposition testimony before the trial begins 0 The judge presiding over a trial must review the qualications of all attorneys appearing before the court 0 A party who is aggrieved by the action of a lower court may appeal All theories of tort liability have what in common? 0 The element of foreseeability O The requirement of a nding of fault O Strict liability O Vicarious liability Question 29 1 international Shoe v. Washington established: 0 Judicial review 0 The "minimum contacts" test to determine whether a defendant was subject to the personal jurisdiction of a court 0 That the amount in controversy in a case in federal court based on diversityjurisdiction must exceed $300,0C O The limit of damages that may be recovered in breach of contract cases What is the "Exclusionary Rule"? 0 A rule of criminal procedure which provides that the media is excluded from covering criminal trials and the discretion of the judge O A rule of criminal procedure which provides that evidence obtained unlawfully will be excluded from trial 0 A rule of tort law which provides that evidence of a plaintiff's comparative fault is excluded from evidence at l O A rule of contract law which provides that any element of a contract which lacks consideration will be exclude from the contract [.1 Question 32 To determine the procedural rules used by a federal administrative agency, one should consult: O The Code of Federal Procedures 0 The Federal Register 0 The Administrative Procedures Act 0 The Federal Rules of Civil Procedure J Question 33 3 Under common law rules, an acceptance that deviates from the terms of an offer is: O Avalid contract 0 A counteroffer 0 An option 0 A unilateral acceptance 3 Question 34 3 Statutes that allow courts to exercise personal jurisdiction over defendants who are not domiciled in the state are known as: O Statutes of limitations 0 Ad dannum statutes 0 Long-arm statutes 0 Non-resident statutes An executory contract exists when: 0 The promises have not been completed by one or more of the parties 0 An executor is called upon to perform 0 All conditions and promises have been completed by all of the parties 0 The elements of a valid contract are not present 3 Question 36 Generally, consideration for a contract will be adequate if it is: 0 Fair to both parties 0 Bargained for O In cash 0 At least market value The abuse of a position of trust and confidence for one's own benefit is called: O Economic duress O Undue influence O Physical duress O Adhesion Question 38 The most common award in breach of contract actions is: O Liquidated damages O Compensatory damages O Exemplary damages O Equitable damages Question 39When one party to a contract transfers his or her duties under the contract to another person: 0 A delegation occurs 0 An assignment occurs 0 A transformation occurs 0 None of the above Question 40 In most states, if employees are injured on the job: 0 Strict liability applies 0 Worker's compensation applies 0 The fellow employee rule applies 0 Negligence rules apply Federal court subject matter jurisdiction is always present in which of the following type of cases? 0 Any lawsuit involving a question of federal law 0 Any breach of contract lawsuit 0 Any lawsuit involving the Statute of Frauds 0 All of the above :> Question 42 Being charged with knowledge of the law means: 0 A defendant in a criminal case being made aware of the charges against him or her 0 A defendant in a civil case being made aware of the claims against him or her 0 Being responsible for knowing the law 0 None of the above 3 Question 43 Commercial speech is protected by which Amendment to the US Constitution? s s Commercial speech is protected by which Amendment to the US Constitution? 0 The First Amendment 0 The Fourth Amendment 0 The Fifth Amendment 0 The Sixth Amendment Question 44 The Takings Clause: 0 Allows the government to take private property under any circumstances 0 Allows the government to take private property for public use, provided just compensation is paid 0 Prevents the government from taking private property under any circumstances 0 Allows the government to take private property for any reason, provided just compensation is paid Question 45 Which of the following is not a tvne of authoritv an agent mav possess? D Question 45 Which of the following is not a type of authority an agent may possess? 0 Actual O Apparent O Implied 0 Executive D Question 46 What does the UCC stand for? 0 Uniform Commercial Code 0 Uniform Commerce Code 0 Uniform Commercial Contract 0 Uniform Commerce Contract In Hadley v. Baxendale, the court determined: 0 That consequential damages are not recoverable in breach of contract cases 0 That a minor may affirm 3 contract 0 That bilateral contracts are unconstitutional 0 That the Affordable Care Act was constitutional 3 Question 48 : A contingency fee is: O The initial retainer fee paid to an attorney at the outset of the representation 0 A fee payable to an attorney only if a certain result is reached 0 A payment to an attorney which depends solely on the number of hours an attorney spends working on a ma 0 None of the above 3 Question 49