QUESTION 13

1. The legal authority of a court to decide a specific case is
2. A.Judicial review
3. B.Substantive
4. C.Jurisdiction
5. D.Preemption

QUESTION 14

1. All of the following are necessary elements of every contract except
2. A.consideration.
3. B.capacity.
4. C.writing.
5. D.mutual assent.

QUESTION 15

1. Diversity jurisdiction requires citizens of two different states
2. A.or a controversy of $75,000 or more.
3. B.and a controversy of $50,000 or more.
4. C.and a controversy of $75,000 or more.
5. D.or a controversy of $50,000 or more.

QUESTION 16

1. The filing of the complaint begins which stage of litigation?
2. A.discovery
3. B.voir dire
4. C.the pleadings
5. D.the trial

QUESTION 17

1. Which of the following are the three ways in which an offer may be terminated by action of the parties?
2. A.Revocation, rejection, and a counteroffer
3. B.Subrogation, rejection, and a counteroffer
4. C.Renunciation, rescission, and rejection
5. D.Subrogation, revocation, and rejection

QUESTION 18

1. Karen offers to sing five songs at Meyer's wedding for $500.00. Meyer responds that he will pay her $500.00, but he needs her to sing six songs. Meyer's actions constitute
2. A.An acceptance
3. B.A substantial counter offer
4. C.A substantial acceptance
5. D.A counter offer

QUESTION 19

1. Most advertisements appearing in the mass media, in store windows, or in display cases are __________.
2. A.fraudulent per se if they are incorrect in any way, subjecting the seller to potential liability of three (3) times the buyer's actual damages resulting from reliance on the seller's misrepresentation.
3. B.offers
4. C.an invitation for the consumer to make an offer to the seller to purchase the goods at a specified price.
5. D.conditional offers

QUESTION 20

1. Which of the following is recognized as duress?
2. A.Threats of a violent act
3. B.Fraudulent misrepresentation
4. C.Promissory estoppel
5. D.Undue influence

QUESTION 21

1. Which rule states that any writing intended by the parties to be the final expression of their agreement may not be contradicted by any oral or written agreements made prior to the writing?
2. A.The substantial performance doctrine
3. B.The statute of frauds
4. C.The parol evidence rule
5. D.The rule against perpetuities

QUESTION 22

1. What are the four basic required elements of a valid contract?
2. A.Mutual assent, forbearance, commercial purpose, and conductivity
3. B.Unilateral assent, forbearance, legality of purpose, and conductivity
4. C.Unilateral assent, consideration, legality of purpose, and capacity
5. D.Mutual assent, consideration, legality of purpose, and capacity

QUESTION 23

1. As a general rule, an illegal contract is __________.
2. A.automatically void
3. B.automatically voidable
4. C.conditionally voidable
5. D.conditionally void

QUESTION 24

1. When a person lacks capacity, generally those contracts are
2. A.Void
3. B.Unenforceable
4. C.Voidable
5. D.Illegal

QUESTION 25

1. Donnie Howell, Jr. is a very wealthy individual, having accumulated $30 million dollars in net worth over the course of his career in the transportation industry. Donnie has met a flight attendant, Melanie, while traveling to a conference last month, and it becomes a quick romance. Donnie would like to make Melanie his fourth wife (his previous three marriages have ended in divorce), but he would also like to protect his assets with a prenuptial agreement. Must such an agreement be in writing to be enforceable?
2. A.Yes, contracts made in consideration of marriage must be in writing to be enforceable.
3. B.No, since the relationship may end in less than one year.
4. C.No, since the agreement does not involve a contract for the sale of goods transaction.
5. D.Yes, since Donnie's net worth exceeds $1 million, federal law requires a prenuptial agreement to be in writing in order to protect the interests of both parties to the marriage.

QUESTION 26

1. A promise that can be accepted only by the performance of the person to whom it is offered is an example of
2. A.a quasi-contract.
3. B.an implied contract.
4. C.a bilateral contract.
5. D.a unilateral contract.