Sources of American Law/Constitutional Law

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Questions and Answers

Which type of damages aims to compensate the injured party for direct losses suffered as a result of a breach of contract?

  • Compensatory Damages (correct)
  • Specific Performance
  • Punitive Damages
  • Consequential Damages

Which legal principle requires that contracts for the sale of land be in writing to be enforceable?

  • Consideration
  • Statute of Frauds (correct)
  • Capacity
  • Impossibility

Why is a life insurance policy typically categorized as a third-party beneficiary contract?

  • Because it involves an exchange of promises between two parties.
  • Because it's based on actions rather than explicit agreements.
  • Because the benefits are intended for someone who is not a party to the contract. (correct)
  • Because only one party makes a promise.

Two major tech companies agree that one will only operate in North America, while the other focuses on Europe. What violation is this?

<p>Antitrust Laws (B)</p> Signup and view all the answers

A company consistently promotes men over equally or more qualified women. What law is this violating?

<p>Employment Discrimination (D)</p> Signup and view all the answers

A distracted driver speeds through a residential area, hitting a child on a bicycle. What tort is this an example of?

<p>Negligence (D)</p> Signup and view all the answers

An anonymous user posts false information, causing harm to someone's reputation. What tort is this an example of?

<p>Libel (B)</p> Signup and view all the answers

A company makes safe cars in every way, but one car has a faulty gas tank. What tort is this most likely?

<p>Strict Product Liability (D)</p> Signup and view all the answers

A court establishes a rule that all dog owners must keep their pets on a leash in public areas. What kind of law is this an example of?

<p>Common law (A)</p> Signup and view all the answers

In which scenario does an appellate court primarily engage?

<p>Reviewing application of law (B)</p> Signup and view all the answers

A local ordinance prohibits the distribution of leaflets on public streets. An advocacy group believes this violates their freedom of speech. What constitutional principle is MOST relevant to their challenge?

<p>The First Amendment (A)</p> Signup and view all the answers

A state court is hearing a case about a new internet privacy law. The Supreme Court has previously ruled on a similar case involving privacy rights in the context of telephone conversations. How would the state court MOST likely use the Supreme Court's decision?

<p>The state court is bound to follow the Supreme Court's decision under the principle of <em>stare decisis</em>. (B)</p> Signup and view all the answers

A company headquartered in Texas wishes to sue a customer residing in California for $50,000 due to breach of contract. Where can the company MOST likely file the lawsuit?

<p>Either in a California state court or a federal court. (A)</p> Signup and view all the answers

During the discovery phase of a lawsuit, one party requests that the other party provide all documents related to the case. This request is an example of:

<p>Request for Production (B)</p> Signup and view all the answers

Sarah promises to pay her son $1,000 if he graduates from college. He graduates. Is Sarah legally obligated to pay him the money?

<p>No, because there was no bargained-for exchange; the son's graduation was not in exchange for money. (A)</p> Signup and view all the answers

A 16-year-old signs a contract to purchase a car. A week later, the 16-year-old decides they no longer want the car. What is the MOST likely outcome?

<p>The contract is voidable by the 16-year-old, meaning they can disaffirm it. (C)</p> Signup and view all the answers

A software developer enters into a contract to deliver a customized program to a company by a specific date. The developer delivers the program, but it contains several minor bugs that do not significantly affect its functionality. What type of performance has the software developer MOST likely provided?

<p>Substantial performance (D)</p> Signup and view all the answers

A homeowner contracts with a construction company to build an addition to their house. Halfway through the project, the construction company stops working, stating that they've run out of money and cannot complete the job. What is the homeowner MOST likely entitled to?

<p>Compensatory damages to cover the cost of hiring another contractor to complete the work and any related losses. (D)</p> Signup and view all the answers

A contract requires Party A to provide consulting services, but Party A's professional license is revoked before the services begin. What legal concept BEST describes this situation concerning fulfillment of the contractual obligations?

<p>Impossibility of Performance (D)</p> Signup and view all the answers

An author signs a contract with a publisher to write a book. The contract includes a clause stating that if the author fails to deliver the manuscript by the agreed-upon date, they will pay the publisher $10,000. This is an example of:

<p>Liquidated damages (C)</p> Signup and view all the answers

What is the primary difference between Civil Law and Common Law systems?

<p>Civil law is based on written codes, while common law is based on judicial decisions. (B)</p> Signup and view all the answers

Which of the following best describes the principle of Stare Decisis?

<p>Courts must follow precedents established in earlier decisions. (C)</p> Signup and view all the answers

What is the role of the U.S. Constitution in American law?

<p>It establishes the framework of government and protects individual rights. (B)</p> Signup and view all the answers

Which amendment provides protection against self-incrimination?

<p>Fifth Amendment (B)</p> Signup and view all the answers

Which of the following is the standard of proof required in a criminal case?

<p>Proof beyond a reasonable doubt (C)</p> Signup and view all the answers

What type of jurisdiction allows a court to hear a case based on the location of the defendant?

<p>Personal jurisdiction (B)</p> Signup and view all the answers

Which of the following is a requirement for a contract to be valid?

<p>Mutual assent (A)</p> Signup and view all the answers

Which type of contract is formed when one party makes a promise in exchange for an act?

<p>Unilateral contract (C)</p> Signup and view all the answers

What is a "material breach" of contract?

<p>A failure to perform a significant part of the contract, affecting its core purpose. (B)</p> Signup and view all the answers

What is a key feature of deontological ethics in business?

<p>Focus on moral duties and obligations, regardless of outcomes. (B)</p> Signup and view all the answers

Which act regulates antitrust violations, such as price-fixing between competing companies?

<p>The Sherman Antitrust Act (B)</p> Signup and view all the answers

Which of the following is an example of a strict liability tort?

<p>A defective toy causing injury to a child. (B)</p> Signup and view all the answers

Which tort involves intentionally harming someone’s reputation through false statements?

<p>Defamation (C)</p> Signup and view all the answers

In which type of business organization do all partners share equal responsibility for the management and debts of the business?

<p>General Partnership (C)</p> Signup and view all the answers

What does "piercing the corporate veil" refer to?

<p>Holding shareholders personally liable for corporate debts in cases of fraud or misconduct. (C)</p> Signup and view all the answers

What does the "Perfect Tender Rule" in sales contracts under the UCC state?

<p>Goods must exactly meet the contract’s terms and specifications. (B)</p> Signup and view all the answers

Which type of warranty guarantees that goods will be fit for the buyer’s intended use?

<p>Implied warranty of fitness for a particular purpose (C)</p> Signup and view all the answers

What is the primary source of American law?

<p>The U.S. Constitution (B)</p> Signup and view all the answers

What role does the Supremacy Clause play in American law?

<p>It ensures that federal law supersedes state law when there is a conflict. (C)</p> Signup and view all the answers

Which of the following is an example of a negative liberty?

<p>The right to free speech under the First Amendment (A)</p> Signup and view all the answers

What does "subject matter jurisdiction" refer to?

<p>The type of case the court can hear (C)</p> Signup and view all the answers

If a case is appealed, what does the appellate court primarily review?

<p>The decision made by the lower court (B)</p> Signup and view all the answers

What is "venue" in the context of the legal system?

<p>The location where a trial is held (A)</p> Signup and view all the answers

What is "consideration" in contract law?

<p>Something of value exchanged between the parties (C)</p> Signup and view all the answers

What does the "parol evidence rule" state?

<p>Prior or contemporaneous written agreements cannot alter a written contract (B)</p> Signup and view all the answers

What is the outcome if a contract involves a minor?

<p>The contract is voidable by the minor. (C)</p> Signup and view all the answers

Which of the following is an example of "specific performance" as a remedy?

<p>A court order requiring the performance of a unique act as promised (B)</p> Signup and view all the answers

What is the main purpose of administrative agencies?

<p>To regulate specific industries and public interests (D)</p> Signup and view all the answers

Which of the following is an example of discrimination prohibited under Title VII of the Civil Rights Act?

<p>Paying a male employee more than a female employee for equal work (C)</p> Signup and view all the answers

What is the legal term for intentionally causing harmful or offensive physical contact with another person?

<p>Battery (A)</p> Signup and view all the answers

What is the primary difference between negligence and strict liability?

<p>Strict liability applies to inherently dangerous activities, while negligence requires a failure to exercise reasonable care. (C)</p> Signup and view all the answers

In which of the following situations would "comparative fault" likely apply?

<p>A driver negligently causes a car accident, and the victim is partially at fault for not wearing a seatbelt. (A)</p> Signup and view all the answers

Which of the following is true about a corporation?

<p>The corporation is considered a separate legal entity from its shareholders. (B)</p> Signup and view all the answers

What is the main advantage of a limited partnership over a general partnership?

<p>One partner has limited liability, while others have unlimited liability. (B)</p> Signup and view all the answers

Under the UCC, which of the following warranties guarantees that goods are fit for the buyer's intended purpose?

<p>Implied warranty of fitness for a particular purpose (C)</p> Signup and view all the answers

Which of the following allows the buyer to cancel an agreement and recover damages under the UCC?

<p>The perfect tender rule (B)</p> Signup and view all the answers

If a seller provides a warranty that the goods are of a certain quality, this is an example of which type of warranty?

<p>Express warranty (A)</p> Signup and view all the answers

Flashcards

Compensatory Damages

Damages to cover the direct loss suffered.

Consequential Damages

Lost profits or future losses that were foreseeable at the time of contract.

Statute of Frauds

Contract must be in writing to be enforceable.

Unilateral Contract

One party makes a promise that the other can accept by performing a specified act.

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Bilateral Contract

Both parties exchange mutual promises, creating obligations for each.

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Antitrust Laws

Violates fair competition; includes price fixing or market division.

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Employment Discrimination

Discrimination against employees on the basis of gender, race, etc.

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Negligence

Failure to exercise reasonable care, resulting in injury.

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Libel

Written false statement that harms someone's reputation.

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Strict Product Liability

Liability without fault; applies to inherently dangerous activities or defective products.

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Statutory Law

Laws enacted by legislative bodies.

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U.S. Constitution

The supreme law of the United States, outlining fundamental rights and government structure.

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Stare Decisis

The principle of following precedents established in previous court decisions.

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Common Law

The body of law derived from judicial decisions, rather than statutes or constitutions.

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Jurisdiction

The authority of a court to hear and decide a case.

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Discovery

The process of gathering information and evidence before a trial.

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Consideration

Something of value exchanged between parties in a contract.

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Void

Lacking legal force or effect.

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Voidable

Valid until rejected; can be cancelled by one party.

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Material Breach

A significant failure to fulfill the terms of a contract.

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Study Notes

History and Sources of American Law/Constitutional Law

  • When a state legislature enacts a law mandating Sunday closure for businesses, a store owner's challenge based on religious freedom is most likely grounded in the U.S. Constitution.
  • A court in Florida, when deciding a land contract dispute, would be guided by the legal principle of Stare Decisis, especially if a similar case was recently decided by the Supreme Court of California.
  • Common law is established by court decisions, such as ruling that all dogs must be leashed following a dog bite case.
  • The primary goal of judicial precedent (stare decisis) is to ensure laws are applied consistently by courts.
  • The right to own any type of weapon is not a constitutional right protected by the U.S. Constitution.
  • A New York resident can file a lawsuit against a Delaware-incorporated company for $100,000 for breach of contract in either New York State Court or Federal Court.
  • During a trial, the plaintiff's attorney questioning the defendant under oath is an example of discovery.
  • Federal courts hear cases involving federal law, such as copyright violations.
  • The primary role of an appellate court is to review whether the law was applied correctly, not to review the facts of the case.
  • Jurisdiction in a legal case refers to a court's authority over the type of case.

Contracts

  • A promise to give a nephew $500 for his birthday is not legally enforceable because there is no consideration.
  • A 15-year-old entering into a contract to buy a motorcycle creates a contract voidable by the 15-year-old.
  • When a contractor completes a house but with faulty plumbing and a leaking roof, it constitutes a material breach of contract.
  • If a famous artist breaches a contract to paint a portrait for a wealthy collector, the collector will most likely seek specific performance as a remedy.
  • A contract for the sale of land must be in writing to be enforceable under the Statute of Frauds.
  • A life insurance policy exemplifies a Third-Party Beneficiary Contract.
  • Giving $5,000 to a friend as a gift is not considered consideration in a contract.
  • If a contractor fails to build a roof properly, causing the house to become uninhabitable, it is considered a material breach.
  • Compensation for lost profits or future damages that were foreseeable best defines consequential damages.
  • Two competing companies agreeing to divide the market to have exclusive rights in specific areas violates Antitrust Laws.
  • Refusing to hire qualified women for management positions exemplifies employment discrimination.
  • An instance of antitrust behavior under the Sherman Act is when two companies agree to fix prices to reduce competition.
  • The Environmental Protection Agency (EPA) regulates air quality standards.

Torts

  • A driver running a stop sign and hitting a pedestrian, resulting in serious injuries, is an instance of negligence.
  • A person writing a false and damaging statement about a local business on social media is considered libel.
  • A manufacturer selling a toy with a design flaw dangerous to children is an example of strict product liability.
  • Printing a false story in a newspaper claiming a politician is corrupt is an example of defamation (libel).
  • A driver running a red light and hitting a pedestrian is an example of negligence per se.
  • Strict liability applies to activities inherently dangerous, regardless of precautions.
  • Intentionally interfering with another party's contract is an example of interference with contractual relations.

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