Question 1

Legal positivists believe:

Question 1 options:

1)

An unjust law is not law.

2)

The validity of enacted laws should be obeyed, just or not.

3)

The law should keep up with changing times.

4)

Justice is what the judge ate for breakfast.

Question 2

Which of the following accurately characterizes the view of natural law theorists?

Question 2 options:

1)

It accepts the need for both good and bad laws.

2)

It reads constitutional law narrowly.

3)

It rejects the separation of law and morality.

4)

It opposes the view that the law should be guided by a "higher reason".

Question 3

The Commerce Clause is a federal power with an extensive legal and regulatory reach.This is largely due to judicial decisions affirming Congress' power to regulate:

Question 3 options:

1)

The channels of interstate commerce.

2)

and protect the instrumentalities of interstate commerce.

3)

Persons or things in interstate commerce.

4)

Activities that substantially affect interstate commerce.

Question 4

Which of the following is also called "judgemade law"?

Question 4 options:

1)

Common law

2)

Statutes

3)

Uniform Acts

4)

Equity

Question 5

The doctrine of stare decisis states that like cases should be decided alike.

Question 5 options:

1) True2) False

Question 6

Though formal natural law defense is not recognized in court, judges do take natural law oriented views while interpreting statutes.

Question 6 options:

1) True2) False

Question 7

_____ are model statutes drafted by private bodies of lawyers and scholars.

Question 7 options:

1)

Precedents

2)

Uniform acts

3)

Ordinances

4)

Equitable remedies

Question 8

Which of the following defeats a federal statute in case of a clash betweenthem?

Question 8 options:

1)

A state statute.

2)

A state constitution.

3)

An equitable principle.

4)

The US Constitution.

Question 9

Which of the following would receive stricter scrutiny than the rational basis test?

Question 9 options:

1)

Right to own a business

2)

Right of teenagers to congregate

3)

Classifications based on gender

4)

Right to advertise

Question 10

Kevin offered to mow the lawn for his Uncle Jordan for $100. To his offer, Uncle Jordan replied by saying "I know you're taking advantage of me but I accept." Uncle Jordan has indeed accepted the offer made by Kevin.

Question 10 options:

1) True2) False

Question 11

You wish to download free software from the Internet. The download procedure includes a page titled "download now" that asks you to "please review" the licensing agreement that is available to you on another web page. The "download now" page has a button that initiates the download process. You click that button without going to the licensing agreement page and find that it contains an arbitration provision. Are you bound by this provision?

Question 11 options:

1)

Yes, because the "please review" statement in the "download now" page informed you of the licensing agreement.

2)

Yes, because when you clicked the button to initiate the download process you agreed to the provisions in the licensing agreement.

3)

No, because you did not perform an action that indicated your assent to the licensing agreement.

4)

No, because laws relating to Internet privacy consider silence to be an acceptance of the offer.

Question 12

In a contract for the sale of land, how close must the terms of the acceptance be to the terms of the offer, in order to form a contract?

Question 12 options:

1)

They must be identical or almost identical.

2)

They must agree on the major terms of the transaction.

3)

They must indicate a definite intent to form a contract.

4)

They must be identical only with regard to the price quoted.

Question 13

Which of the following is true regarding the approach taken by the UCC toward the proper means of acceptance and the implications of using it or not using it?

Question 13 options:

1)

If the offer authorizes a certain means of acceptance, the offeree must use that means or else there is no acceptance.

2)

If the offer authorizes a certain means of acceptance and the offeree uses another means, a contract is formed, but never before the offeror receives the acceptance.

3)

Where the offer stipulates a certain means of acceptance, any reasonable means of acceptance will create a contract.

4)

The UCC does not change the traditional rule that, where the offer stipulates a certain means of acceptance, the acceptance must use that means or there is no contract.

Question 14

April Roberts ordered hundred 19-inch color television sets from Carl Soans and requested for a prompt shipment of the goods. Carl promptly shipped fifty 21-inch color television sets and fifty 19-inch color television sets without informing April that the shipment of nonconforming television sets was an accommodation. Which of the following is true?

Question 14 options:

1)

There is no acceptance because Carl's shipment materially differed from the terms of the offer.

2)

There is an acceptance and April is bound to pay the reasonable value of the fifty 21-inch television sets she did not ask for.

3)

There is an acceptance but Carl has breached the contract by shipping nonconforming television sets.

4)

There is a new offer that Carl has made by sending the nonconforming goods which April can accept or reject.

Question 15

Which source of law requires the acceptance to be a "mirror image" of the offer in order to form a contract?

Question 15 options:

1)

Common Law

2)

Constitutional Law

3)

Natural Law

4)

Theocratic Law

Question 16

Ian Sanders offered to sell his car to Beth Jones for $5,000 with Beth's agreement. Subsequently, Beth demanded that he provide new seat covers for the car as she was paying a rather heavy price for the car. Beth's response represents a(n) _____.

Question 16 options:

1)

inquiry regarding terms

2)

rejection of the offer

3)

conditional acceptance of the offer

4)

additional term

Question 17

Sue offers to buy a house from John and they were negotiating the price of the house. In the meantime, Sue confides in John's wife that she is willing to pay an amount of $50,000 for the house. Delighted to hear this, John's wife tells him the good news. John immediately calls up Sue and accepts her offer. Is there a binding contract?

Question 17 options:

1)

Yes, because there is valid consideration.

2)

Yes, because a third party has communicated the terms of Sue's offer to John and that John had accepted the same.

3)

No, because the offeror had not communicated the terms of the offer to the offeree.

4)

No, because the contract is still not signed by both the parties.

Question 18

Ian, a lawyer, sent an offer to Raymond on October 1 offering to sell Ian's car for $5,000. The offer did not contain a provision stating when it would terminate. Under these circumstances, when will that offer terminate?

Question 18 options:

1)

After 5 days, as per the "5 day rule."

2)

After 10 days, as per the "10 day rule."

3)

After a "reasonable" period of time.

4)

When either Ian or Raymond terminates it.

Question 19

Bill is 25 years old. His uncle had promised in writing to pay him $2,000 if Bill would refrain from drinking alcohol for one year. Bill refrained from drinking alcohol for one year. However, his uncle now refuses to pay Bill as agreed-upon. The uncle claims that because Bill suffered no detriment by refraining from alcohol, his non-drinking does not constitute legal consideration and therefore no contract was formed. If Bill sues his uncle, Bill will:

Question 19 options:

1)

win because Bill had a legal right to drink alcohol.

2)

lose because consideration must have monetary value.

3)

win because no consideration is needed in this contract.

4)

lose because refraining from an action can never be considered legal consideration.

Question 20

Helen worked for ABC Motors for 25 years. The president of ABC said to her: "In consideration of your past service for 25 years, I promise to give you a new car next week." However, he did not give the car. Is this promise legally enforceable?

Question 20 options:

1)

Yes, a contract was formed.

2)

Yes, promissory estoppel requires enforcement of the promise.

3)

No, legal consideration is absent.

4)

No, legal capacity is absent.