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BUL 4310 MidtermRevision Quiz Questions With Answers - Prof. Barman 50
Peter is detained by Officer Joe for suspicion of plotting to blow up theDrunken Clam. Immediately after Joe detains Peter, a call goes out to the police that a bomb threat was called in at the Drunken Clam. Joethreatens Peter and demands to know where the bomb is located. Peter panics and confesses. The bomb is found, successfully defused,and Glenn celebrates by buying beer for all ladies at the Drunken Clam.
Peter is charged with planting the bomb. Peter's confession is inadmissible, because Peter could not have phoned in the bomb threat. admissible as a public safety exception to the reading of his Mirandarights.
admissible, because Peter was guilty and knew the location of thebomb.
inadmissible because Peter was never read his Miranda rights. - admissible, because Peter was guilty and knew the location of the โ โ bomb.
Dave points a gun at Eton, threatening to shoot him if he does not stealfrom his employer, First National Bank, and give the stolen funds to Dave. Charged with theft, Eton can successfully claim, as a defense: consent. entrapment. duress. self-defense. - โ โ duress. Plastix Produx Company is subject to a decision by the ConsumerProduct Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of thepotential administrative remedies. This is
an actual controversy at issue. the exhaustion doctrine. standing to sue.
valid because NBC could have taken reasonable measures to preventthe broadcast of the words. - โ โ valid because NBC could have taken reasonable measures to prevent the broadcast of the wordsBusiness Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S.Constitution, a law embodying it can be enacted by
any state legislature and Congress. Congress but not any state legislature. any state legislature but not Congress. none of the choices. - โ โ none of the choices. Congress enacts a law prohibiting toys made in China from being sold inthe United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be rendered invalid under the supremacy clause. struck down under the taxing and spending clause.
rendered valid the equal protection clause. upheld under the commerce clause. -the supremacy clause. โ โ rendered invalid under Minnesota enacts a statute to ban advertising in "bad taste." Thisstatute would likely be held by a court to be
an unconstitutional restriction of speech. justified by the need to protect individual rights. constitutional under the First Amendment. necessary to protect state interests. -restriction of speech. โ โ an unconstitutional Tony, a resident of Illinois, owns a commercial building in Indiana. Adispute arises over the ownership of the building with Jason, a resident of Kentucky. Jason files a suit against Tony in Indiana. In this suit,Indiana has
diversity jurisdiction.
a trilateral contract. a unilateral contract. no contract. - โ โ a unilateral contract Bill offers to sell his Consumer Service Center business to Dina for$100,000. Dina replies, "The price is too high. I will buy it for $90,000." Dina has accepted the offer. rejected the offer and made a counteroffer. made a counteroffer without rejecting the offer. rejected the offer without making a counteroffer. -the offer and made a counteroffer โ โ rejected Bill offers to sell his Consumer Service Center business to Dina for$100,000. Dina replies, "The price is too high. I will buy it for $90,000." Bill says, no way. Dina says, OK, I'll buy it for $100,000. What is theresult?
They have a binding contract for $100,000. The offer has been rejected and there is no binding agreement. They have a binding agreement, but need a new contract. The offer has been rejected and they have a binding agreement. - โ They have a binding contract for $100,000. โ Intoxicated but fully aware of the consequences, Uri agrees to acontract to sell the family farm at more than the average market price. The contract was written by Uri on a napkin and contains the name ofthe farm, location, acreage, down payment, price, and the name of the resident pig included in the sale. Uri received the down payment whileintoxicated. This contract is
not enforceable because contracting parties can change their minds. not enforceable because Uri was intoxicated when he agreed to it. enforceable.
a statement of future intent - โ โ an invitation to accept an offer Mitch tells Mark, "I might sell you the skis that I bought last fall forabout $200 since I haven't used them and the skiing season is almost over." Mark says, I accept." This is an acceptance of an offer an offer and acceptance an invitation to accept an offer a statement of future intent - โ โ an acceptance of an offer Todos Ltd. agrees to supply United Steel, Inc., with minerals fromVenezuela. When the Venezuelan government is unexpectedly overthrown in a coup, Todos can obtain the goods only at a muchhigher price. United agrees to modify the contract, but later files a suit to enforce the original price. The court will most likely rule that a change in government is a risk ordinarily assumed in business. Todos engaged in extortion or the so-called holdup game
an unforeseen difficulty supported this contract modification Todos had a preexisting duty to supply the goods at the initial price - โ an unforeseen difficulty supported this contract modification โ Maroone offers to sell Sophie, who is seventeen years of age, a carabout which Rally intentionally misrepresents several material facts. In reliance on the misrepresentations, Sophie buys the car. To prove fraudin this transaction, Sophie would have to show that
Maroone intentionally deceived Sophie Sophie does not know anything about cars Maroone made statements that were obviously exaggerated
deceived SophieSophie is under eighteen years of age. -^ โ^ โ^ Maroone intentionally Caleb is a witness in a controversy involving the U.S. Drug EnforcementAdministration. Caleb can be compelled to appear before an administrative law judge if he is served with an order for specific performance.
Dog must be given the opportunity to perform. -committed a material breach. โ โ Dog has We-NR-Dog (Dog) contracts to deliver 500 boxes of hot dogs to FoodShop (Shop) on June 30, 2012. The dogs are to be all beef, kosher hotdogs. Each box has 50 hot dogs and each box costs $20. On June 22, Dog calls Shop and says that they cannot deliver on June30, but may be able to deliver later in the week.
Concerning, Shop, which is correct:
Shop can file a breach of contract lawsuit on June 22. Shop must wait until June 30 deadline has passed and file a lawsuit onJuly 1.
Shop must wait until June 30 to file a lawsuit. Shop must wait until July 5, the day after Independence Day becausethe purpose of the contract was to have hotdogs to sell for
Independence Day. -lawsuit. โ โ Shop must wait until June 30 to file a We-NR-Dog (Dog) contracts to deliver 500 boxes of hot dogs to FoodShop (Shop) on June 30, 2011. The dogs are to be all beef kosher hotdogs. Each box has 50 hot dogs and each box costs $20. On June 22, Dog calls Shop and says that they cannot deliver on June30, but may be able to deliver later in the week.
Concerning, Dog, which is correct:
Shop can file a suit and is not required to take any action. If Shop purchases hot dogs from another vendor, Shop cannot sue Dog. If Shop tries to purchase hot dogs from another vendor, they cannotsue Dog. The term that refers to the authority of a court to hear a particular caseis called
jurisprudence
commencement complaint plea - โ โ complaint The process of selecting jurors is called voir jure voir actus voir selectus voir dire - โ โ voir dire In a civil trial, the standard for prevailing on evidence is preponderance beyond a reasonable doubt
clear and convincing determined by the judge - โ โ preponderance Joe and Jody are married in Florida. They move to Georgia. Georgiamust recognize the marriage by
privileges and immunities clause commerce clause full faith and credit clause none of the above - โ โ full faith and credit clause States have the power to regulate all of the following except health commerce morals
the court does not have jurisdiction because Dwayne did not travel toOhio.
The court has jurisdiction because Dwayne traveled to sign thecontract.
the court does not have jurisdiction because the breach did not occur inOhio. - โ โ the court does not have jurisdiction because the breach did not occur in Ohio.The Food and Drug Administration passes a rule stating that all analgesics must be in red containers. The rule takes effect in 30 days.The rule is
valid invalid because the FDA needs Congressional approval invalid because the FDA cannot regulate packaging. invalid as being overly burdensome on the industry. - โ โ Valid
Shop has an affirmative duty to attempt to mitigate the loss. - Shop can file a suit and is not required to take any action. โ โ We-NR-Dog (Dog) contracts to deliver 500 boxes of hot dogs to FoodShop (Shop) on June 30, 2010. The dogs are to be all beef, kosher hotdogs. Each box has 50 hot dogs and each box costs $20. On June 24, Dog calls Shop and says that they cannot deliver on June30, but may be able to deliver later in the week. On June 25, after the call, Shop searches for and contracts to purchase hot dogs fromanother vendor. On June 25, Dog calls and says that they can in fact deliver. Shop tells Dog that the deal is off and other hot dogs are beingdelivered.
Concerning, Dog, which is correct:
Dog will be successful for suit for breach of contract. Dog can sue and demand specific performance. Shop will be successful if Dog sues for breach of contract.
