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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?
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?
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?
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?
Two major tech companies agree that one will only operate in North America, while the other focuses on Europe. What violation is this?
A company consistently promotes men over equally or more qualified women. What law is this violating?
A company consistently promotes men over equally or more qualified women. What law is this violating?
A distracted driver speeds through a residential area, hitting a child on a bicycle. What tort is this an example of?
A distracted driver speeds through a residential area, hitting a child on a bicycle. What tort is this an example of?
An anonymous user posts false information, causing harm to someone's reputation. What tort is this an example of?
An anonymous user posts false information, causing harm to someone's reputation. What tort is this an example of?
A company makes safe cars in every way, but one car has a faulty gas tank. What tort is this most likely?
A company makes safe cars in every way, but one car has a faulty gas tank. What tort is this most likely?
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?
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?
In which scenario does an appellate court primarily engage?
In which scenario does an appellate court primarily engage?
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?
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?
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?
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?
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?
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?
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:
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:
Sarah promises to pay her son $1,000 if he graduates from college. He graduates. Is Sarah legally obligated to pay him the money?
Sarah promises to pay her son $1,000 if he graduates from college. He graduates. Is Sarah legally obligated to pay him the money?
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?
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?
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?
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?
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?
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?
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?
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?
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:
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:
What is the primary difference between Civil Law and Common Law systems?
What is the primary difference between Civil Law and Common Law systems?
Which of the following best describes the principle of Stare Decisis?
Which of the following best describes the principle of Stare Decisis?
What is the role of the U.S. Constitution in American law?
What is the role of the U.S. Constitution in American law?
Which amendment provides protection against self-incrimination?
Which amendment provides protection against self-incrimination?
Which of the following is the standard of proof required in a criminal case?
Which of the following is the standard of proof required in a criminal case?
What type of jurisdiction allows a court to hear a case based on the location of the defendant?
What type of jurisdiction allows a court to hear a case based on the location of the defendant?
Which of the following is a requirement for a contract to be valid?
Which of the following is a requirement for a contract to be valid?
Which type of contract is formed when one party makes a promise in exchange for an act?
Which type of contract is formed when one party makes a promise in exchange for an act?
What is a "material breach" of contract?
What is a "material breach" of contract?
What is a key feature of deontological ethics in business?
What is a key feature of deontological ethics in business?
Which act regulates antitrust violations, such as price-fixing between competing companies?
Which act regulates antitrust violations, such as price-fixing between competing companies?
Which of the following is an example of a strict liability tort?
Which of the following is an example of a strict liability tort?
Which tort involves intentionally harming someone’s reputation through false statements?
Which tort involves intentionally harming someone’s reputation through false statements?
In which type of business organization do all partners share equal responsibility for the management and debts of the business?
In which type of business organization do all partners share equal responsibility for the management and debts of the business?
What does "piercing the corporate veil" refer to?
What does "piercing the corporate veil" refer to?
What does the "Perfect Tender Rule" in sales contracts under the UCC state?
What does the "Perfect Tender Rule" in sales contracts under the UCC state?
Which type of warranty guarantees that goods will be fit for the buyer’s intended use?
Which type of warranty guarantees that goods will be fit for the buyer’s intended use?
What is the primary source of American law?
What is the primary source of American law?
What role does the Supremacy Clause play in American law?
What role does the Supremacy Clause play in American law?
Which of the following is an example of a negative liberty?
Which of the following is an example of a negative liberty?
What does "subject matter jurisdiction" refer to?
What does "subject matter jurisdiction" refer to?
If a case is appealed, what does the appellate court primarily review?
If a case is appealed, what does the appellate court primarily review?
What is "venue" in the context of the legal system?
What is "venue" in the context of the legal system?
What is "consideration" in contract law?
What is "consideration" in contract law?
What does the "parol evidence rule" state?
What does the "parol evidence rule" state?
What is the outcome if a contract involves a minor?
What is the outcome if a contract involves a minor?
Which of the following is an example of "specific performance" as a remedy?
Which of the following is an example of "specific performance" as a remedy?
What is the main purpose of administrative agencies?
What is the main purpose of administrative agencies?
Which of the following is an example of discrimination prohibited under Title VII of the Civil Rights Act?
Which of the following is an example of discrimination prohibited under Title VII of the Civil Rights Act?
What is the legal term for intentionally causing harmful or offensive physical contact with another person?
What is the legal term for intentionally causing harmful or offensive physical contact with another person?
What is the primary difference between negligence and strict liability?
What is the primary difference between negligence and strict liability?
In which of the following situations would "comparative fault" likely apply?
In which of the following situations would "comparative fault" likely apply?
Which of the following is true about a corporation?
Which of the following is true about a corporation?
What is the main advantage of a limited partnership over a general partnership?
What is the main advantage of a limited partnership over a general partnership?
Under the UCC, which of the following warranties guarantees that goods are fit for the buyer's intended purpose?
Under the UCC, which of the following warranties guarantees that goods are fit for the buyer's intended purpose?
Which of the following allows the buyer to cancel an agreement and recover damages under the UCC?
Which of the following allows the buyer to cancel an agreement and recover damages under the UCC?
If a seller provides a warranty that the goods are of a certain quality, this is an example of which type of warranty?
If a seller provides a warranty that the goods are of a certain quality, this is an example of which type of warranty?
Flashcards
Compensatory Damages
Compensatory Damages
Damages to cover the direct loss suffered.
Consequential Damages
Consequential Damages
Lost profits or future losses that were foreseeable at the time of contract.
Statute of Frauds
Statute of Frauds
Contract must be in writing to be enforceable.
Unilateral Contract
Unilateral Contract
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Bilateral Contract
Bilateral Contract
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Antitrust Laws
Antitrust Laws
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Employment Discrimination
Employment Discrimination
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Negligence
Negligence
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Libel
Libel
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Strict Product Liability
Strict Product Liability
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Statutory Law
Statutory Law
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U.S. Constitution
U.S. Constitution
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Stare Decisis
Stare Decisis
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Common Law
Common Law
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Jurisdiction
Jurisdiction
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Discovery
Discovery
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Consideration
Consideration
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Void
Void
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Voidable
Voidable
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Material Breach
Material Breach
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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.
American Legal Systems and Procedures
- 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.
Legal Environment
- 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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