PRACTICE QUESTIONS

15. What are the four basic elements necessary to the formation of a valid contract? CHECK ALL THAT APPLY.

a.An Offer and an Acceptance.

b.The Parties must have Contractual Capacity.

c.The agreement has to be notarized.

d.The Parties must have equal standing.

e.There must be legally sufficient and bargained for consideration.

f.The purpose must be legal and not against public policy.

g.The contract must be written in a language that both parties can read.

h.There must be independent witnesses.

16.The "Heart of Atlanta Motel Case" held that congress could regulate the behavior of a private Motel who had refused to rent to African Americans. 75% of the guest there were from out of state and the Motel was accessible to state and interstate highways. Would this ruling affect a Hotel on Canal Street in New Orleans that is not on the interstate highway if most of its guest were local?

a.You would have to weigh many factors. Hotels within one-half mile of the interstate could be regulated. Further away maybe not.

b.The case applies.

c.You said "most" of the guest were local. If the interstate percentage goes above about 10% the case would apply.

d.That case was decided in 1964. This is 58 years later. Current situation would control the outcome.

e.The case would apply, unless the owner could show that there was a history of problems surrounding special events such as the "Bayou Classic".

17. TRUE OR FALSE? Twenty -two women accuse Aaron Rogers of sexual assault. Aaron Rogers settles the claims of all Twenty-two women. The District Attorney can still prosecute him for the criminal offenses.

18. TRUE OR FALSE? In the sale or lease of goods the UCC gives a general set of rules to govern the transaction. It the parties are silent the general rules apply. But the parties are free to change the general rules by contract.

19. TRUE OR FALSE? John Brown and Henry Smith enter into a contract to purchase and sell land in the Lower Nine. They are old friends and decided that they did not need a written contract. They agree on all of the terms. Both have legal capacity, and the consideration is fair. Based on just these facts they have a legally binding contract.

20. TRUE OR FALSE? Mary Jones becomes angry with her neighbor Henry Smith and pulls her gun and shoots at him. She misses Henry Smith but accidently hit Shirley Brown. Shirley Brown is her best friend since childhood. When the police arrive, Mary Jones is crying more than her good friend Shirley Brown. Crimes require intent. If the shooting of Shirley Brown is an accident then Mary is not guilty of any crime.