Download BUL 2241|80 Midterm Study Guide: Questions and Answers on US Law and more Exams Law in PDF only on Docsity!
BUL โ 2241|80 Midterm Study Guide
Questions With Answers
Executive orders are passed by the state and federal legislatures T/F - โ โ False (Page 13 Executive orders are passed by the executive branch- governors and the President)
The doctrine of stare decisis - โ โ is based on common law tradition, works with case law decided by judges, and creates consistency through the use of precedents.
Valid federal laws take precedence over any conflicting state or local laws T/F - โ โ True (page 15- federal pre-emption doctrine)
Federal Preemption - โ โ a principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter
Congress is empowered by the Commerce Clause of the Constitution to enact federal statutes to regulate foreign, but not interstate, commerce. T/F - โ โ False (Congress is empowered by the Commerce Clause to regulate foreign and interstate commerce.)
Commerce Clause - โ โ Clause stating that Congress can regulate interstate and international commerce.
There are two major court systems in the United States the federal court and the bankruptcy courts T/F - โ โ False (Page 37- the two
major courts are the federal court and the state courts in the 50 different states)
US District Courts are trial courts and the US courts of Appeals hear appeals from the US District Courts - โ โ True
US Supreme Court justices are appointed by the president and then affirmed every 4 years by a vote of the general population T/F - โ โ False (Page 44- they are appointed by the president and confirmed by the Senate)
Courts of Limited Jurisdiction include - โ โ US Tax Court, US Bankruptcy Court, and Court of International Trade
A federal question case arises under the US Constitution, treaties, or federal statutes and regulations - โ โ True (Page 47- jurisdiction of the federal courts)
Jurisdiction of Federal Courts - โ โ *Cases involving federal law
*Cases involving treaties U.S. has ratified
*Cases involving interpretation of the U.S. Constitution
Offensive speech and obscene speech are the same. T/F - โ โ False
Obscene Speech is protected. - โ โ False
The Horne case deals with - โ โ Governmental takings. At the time it was about Corn
Which of the following is a standard of constitutional review? - โ โ Rational Basis Test, Intermediate Scrutiny, and Intense Scrutiny
A lease for an unspecified period of time, terminable upon 30 days notice, is known as a ____________. - โ โ Month-to-Month Tenancy
In most states (including Florida), a residential tenant at sufferance, also known as a "holdover tenant," must be evicted through a formal eviction proceeding. - โ โ True
In a triple net lease, the tenant is not responsible for paying property taxes. - โ โ False
A tenant has a 12-month lease for an apartment, from January of 2019 to December of 2019. In June of 2019, the landlord sells the apartment. Therefore, the lease is terminated. - โ โ False
If a tenant subleases its apartment to a subtenant, the subtenant and the landlord are parties to the original lease. - โ โ False
Which of the following would not be considered a governmental taking? - โ โ A local government changes the zoning laws to prohibt commercial buildings on Bluebird Lane after a commercial developer purchaes property on Bluebird Lane.
The owner of a duplex, who lives in one side of the duplex, and rents the other, and who uses a real estate agent to assist with the rental, can discriminate against protected classes. - โ โ False
A landlord can change the locks, and lock a tenant out, if the tenant doesn't pay rent. - โ โ False
A lease cannot be for a term of longer than 20 years - โ โ False
A residential tenant is responsible for ensuring that the property the tenant is leasing has utility service at all times. - โ โ False
A commercial landlord may not have to lease the property to a commercial tenant with utility service. - โ โ True
A landlord can enter a the property its tenant leases, at any time, for any reason. - โ โ False
What is the most common form of negotiable instrument used in the day-to-day life of a consumer? - โ โ Check
When a bank's customer deposits money into a bank, the customer is the debtor, because the bank is loaning the customer money. - โ โ False
When you receive a paycheck, you are the _____________. - โ โ Payee or Holder
When you receive a paycheck, your employer is the _____________. - โ โ Drawer
A check that is missing the name of the payee is void. - โ โ False
Which of the following is an example of collateral? - โ โ A house which is encumbered by a mortgage. The house is beholden to the payment of the mortgage, and thus is forfeit upon default of payments.
rational basis test - โ โ The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is assumed to be constitutional as long as its goals are clearly linked to its means.
If an offeror does not intend to make an offer, there can still be mutual assent to form a valid contract. T/F - โ โ False
Which of the following is a type of special offer? - โ โ Auction
The following is a type of what type of offer termination:
The offeror revokes the offer prior to acceptance. - โ โ Revocation
What does (a) represent in the context of contract formation?
(a) Person A says to Person B that Person A will buy Person B's car for $10,000. (b) Person B says that he will only sell the car for $12,000. - โ โ Offer
What does (b) represent in the context of contract formation?
(a) Person A says to Person B that Person A will buy Person B's car for $10,000. (b) Person B says that he will only sell the car for $12,000. - โ โ Counteroffer
Person A and Person B are in a relationship. Person C offers to sell Person A a car for $12,000. Person B tells Person C that Person A will buy the car for $12,000. Do Person A and Person B have a valid contract? - โ โ No
"I think I want to buy your car for $12,000, but let me make sure I have that money to spare" is an example of a(n): - โ โ Equivocal Response
equivocal response - โ โ An offeree's response to an offer that is not clear, ambiguous, or has more than one possible meaning. An offeree's equivocal response to an offer does not create a contract
The mailbox rule is no longer valid law. T/F - โ โ False
Which of the following has not been held to be a "necessary of life" that a minor can contract to purchase? - โ โ Automobile
Person A and Person B enter into a contract. Person B is intoxicated at the time the contract is entered into. Person A can void the contract 3 days later T/F - โ โ False
Person A and Person B enter into a contract. Person B is 17 years old at the time the contract is entered into. Person A can void the contract 3 days later. T/F - โ โ False
Person A and Person B enter into a contract. Person B is intoxicated at the time the contract is entered into. Person B can void the contract 3 days later. - โ โ True
Person A and Person B enter into a contract where Person A will pay Person B $50,000 if Person B steals a Lamborghini for Person A. This contract is void for lack of consideration. - โ โ False (it is void because it is contracting someone to commit a crime)
Person A and Person B enter into a contract where Person A will pay Person B $50,000 if Person B steals a Lamborghini for Person A. If Person B steals the Lamborghini, Person A will owe Person B $50,000. - โ โ False (contract is void because Person B was contracted to commit a crime. Therefore, this contract will not hold up in court, and Person A does not have to pay Person B)
