BY: MARSHALL HIGLEY AND ALEX FELT Law Chapter 1 Midterm Review.

BY: MARSHALL HIGLEY AND ALEX FELT

Law Chapter 1 Midterm Review

The power to decide a case is termed

A. FiatB. The long arm of the

lawC. SanctionD. Jurisdiction

D. Jurisdiction

Governing rules and regulations passed by a city council or county government are referred to as

A. StatutesB. OrdinancesC. Case law D. Promulgations

B. Ordinances

In order to provide stability to a legal system, courts use prior as a guide for deciding similar new cases.

These prior cases are known as

A. Precedents B. EquityC. JurisdictionD. Statutes

A. Precedents

At what level are laws created in the United States

A. Federal GovernmentB. State GovernmentC. Local GovernmentD. All of These

D. All of these

The division of powers between people and their governments protecting U.S. citizens from government actions is set forth in the

A. U.S. ConstitutionB. Bill of RightsC. First ten

amendmentsD. Both b and c

D. Both b and c

The document that sets forth the framework of a government and its relationship to the people it governs is

A. the Bill of Rights B. An ordinanceC. A constitutionD. The Uniform

Commercial Code

C. A constitution

If a state constitution and the U.S. Constitution conflict, which prevails

A. The U.S. Constitution

B. The state constitution

C. Neither prevails- the matter is referred to Congress

D. Neither prevails- the matter is referred to the President

A. The U.S. Constitution

Which of these is based on the current standards or customs of the people

A. civil lawB. positive lawC. codesD. common law

D. common law

Which state has its legal system based on the Roman civil law format of organized, comprehensive sets of statutes in code form?

A. MissouriB. CaliforniaC. FloridaD. Louisiana

D. Louisiana

An open, peaceful violation of a law to protest its alleged, or supposed, injustice is referred

to as

A. Political protestB. Civil riotC. Civil disobedienceD. Ethical posturing

C. Civil Disobedience

Laws made by administrative agencies are often called

A. OrdinancesB. Rules and

regulationsC. StandardsD. Guidelines

B. Rules and regulations

Which of these terms describing using prior cases as a guide for deciding similar new cases?

A. InjunctionB. CodeC. PrecedentD. Jurisdiction

C. Precedent

The subject area of business law would include which of the following topics?

A. Commercial tortsB. ContractsC. Criminal

conspiracies to fix prices

D. All of the above

D. All of the above

Meryle Ann’s mother recently died and, unfortunately, did not leave any type of will for her estate. In order to properly divide her mother’s estate among her and her brothers, Meryle Ann will hire a lawyer to handle this case. In which specialty area should she seek to find a

lawyer?

A. Criminal lawB. Statutory lawC. Civil lawD. Case Law

C. Civil Law

When a law is invalid because it conflicts with either the federal or state’s constitution, it is said to be _____

Answer: Unconstitutional

LAW CHAPTER 2 MIDTERM REVIEWBy: Kayla Moore & Giuseppe Scavone

When the Constitution was declared effective and binding on March 4, 1789, only ___ states

had ratified it.

a) 7

b) 9

c) 11

d) 13

• C) 11

The U.S. constitution provided persons may not be deprived of the following without due

process of law:a) Life, liberty, or

property.

b) Food clothing, and shelter.

c) Health, happiness, and prosperity.

d) Life, liberty, or the pursuit of happiness

• D) Life, liberty, or the pursuit of happiness

The American declaration of independence

a) Denounced royal rule and “divine right of kings” throughout the world.

b) Called for a strong central government of the American colonies, to be based in Washington, D.C.

c) Stated that all men are endowed by their creator with the right to life, liberty, and the pursuit of happiness.

d) All of these

• B) Called for a strong central government of the American colonies, to be based in Washington, D.C.

Under the constitution the federal government is a

a) Republic, representative democracy

b) Two-political party balance of interest and power

c) Democracy, tainted by special interests

d) Pure democracy

• D) Pure democracy

If convicted under due process of law, criminal, may be deprived of

a) Liberty, by imprisonment.

b) Property, by fine or order to make restitution.

c) Life, by execution.

d) All, or combination of these.

• C) Life, by execution.

Which of the following federal agencies is charged with the responsibilities of eliminating discrimination based

on race, religion, sex, color, national origin and age and disability in the work place.

a) Interstate Commerce Commission.

b) Federal Trade Commission.

c) Equal employment operation committee.

d) None of these

• D) None of these

Under the constitution, members of congress are elected on the basis of

a) Population of the state

b) Existence of the state

c) Selection by all the citizens in national elections

d) Both a(for representatives) and b(for senators)

• D) Both a(for representatives) and b(for senators)

The declaration of independence was adopted in July 4th 1776 by delegates of the 13 original colonies

meeting in Philadelphia.

• True• False

• True

A regulation made by a federal agency does not have the same effect as a law made by

congress.• True• False

• True

The fourteenth amendment applied to all state governments the restrictions that had previously limited

only the powers of the federal government.

• True• False

• True

Even though political parties are very important in the selection of candidates for federal offices, they are not mentioned in the constitution.

• True• False

• False

Almost universal access by anyone with a computer to the information contained on the internet was facilitated

primarily through a program developed in the spare time of Tim Berners-Lee.

• True• False

• True

The decentralization of the internet makes it nearly impossible to exercise legal control over it and what goes on within it.

• True• False

• True

The right of privacy is not specifically mentioned in the constitution or the bill of rights.

• True• False

• False

The senate has the stole power to try impeachment cases.

• True• False

• True

CHAPTER 3By: Abby and Vanessa

In the state court system, sheriffs or their

deputies have the duty to summon witnesses, keep order in court, and take steps to carry out judgments.

True

True and False

The United States Supreme Court has original

jurisdiction over all cases in this country False

The state Supreme courts issue the final

decision on all matters of law appealed to them

False

“Justice” is the proper title for judges sitting

on state supreme courts as well as for the judges sitting on the US Supreme court

True

Typically small claims court cases are tried

before a judge and a jury False

An appellate court bases its decisions

primarily on? Transcripts of the trial and appellate briefs

Multiple Choice

Courts that administer wills and estates are

called Probate courts

Municipal courts are usually divided into Criminal and Traffic divisions

How many federal courts of appeal exist

within the federal court system? 13

Municipal courts administer City ordinances

Benton has just been appointed to her state

supreme court. Her official title will be __________ Benton.

Justice

Completion

The trial court in a particular case will apply

the appropriate law to the facts to reach a(n) _______

Verdict

When an appellate court overturns the

decision of a lower court, the lower court’s decision is said to have been _______

Reversed

Today’s federal court system has ________

federal courts of appeal. 13

Attorneys generally are not required to resolve

the civil litigations in __________ court. Small claims

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Law Chapter 4

United States vs. Basic Construction Company

Cheyanna Roberts12-6-12

The Background- This appeal came from a conviction from the

violation of section 1 of the Sherman Act, 15 U.S.C. § 1. The defendants, Basic Construction Co., Henry S. Branscome, Inc., and Henry Branscome, were charged with conspiring in April of 1978 to rig a bidding for state road paving contracts.

- 2 lowered level ,angers rigged bids by giving competitors the prices that basic would bid for work

The Basics Basic's principal contention is that the district court

gave erroneous jury instructions regarding the criminal liability of a corporation for acts of its employees. With regard to corporate liability, the court instructed the jury as follows:

legally bound by the acts or statements of its agents done or made within the scope of their employment, and within their apparent authority, acts done within the scope of employment and acts done on behalf of or to the benefit of a corporation, and directly related to the performance of the type duties the employee has general authority to perform.

The act of an agent is within the scope of his employment or within the scope of his apparent authority, the corporation is held legally responsible for it. This is true even though the agent's acts may be unlawful, and contrary to the corporations [sic] actual instructions.

The Courts Thought The Courts opinion is that “the corporation can be

responsible for the action of its agents done or made within the scope of their authority, even though the conduct of the agents may be contrary to the corporation's actual instructions, or contrary to the corporation's stated position”. “But, However, the instructions and policies, if any be shown, may be considered by you in determining whether the agents, in fact, were acting to benefit the corporation”.

Evidence The basics introduced evidence which would have tended that

it had a longstanding, well known, and strictly enforced policy against bid rigging.

Also that bid rigging activities were charged and was perpetrated by two relatively minor officials and were done without the knowledge of high level corporate officers.

Basic argues that, in light of this evidence, the district court should have instructed the jury that it could consider the evidence of Basic's antitrust compliance policy in deciding whether the company had the requisite intent to violate the Sherman Act.

The Decision All the evidence of the court finds them guilty of the

crime. Also finds them to be criminally liable

Chapter 5Angelica Frantz & Amber Morgan

What two remedies are generally available in a civil lawsuit?

Injunctions and damages

What is not an element of most torts? A) Causation B) Conspiracy C) Injury D) Duty

The answer is B) Conspiracy

A threat with an apparent ability to do immediate injury is referred to as an _______.

Fill in the blank

An Assault

A harmful or offensive touching is called an _______.

Assault

A thief is always a what?

Converter

What’s the most common tort?

Negligence

What are the three main elements of a compensatory damage award?

Last wages, medical bills, and pain and suffering

When a civil judgment for the plaintiff becomes final, the defendant normally pays the judgment. If the defendant does not pay, what may the plaintiff obtain to enforce the judgment?

Writ of execution

Under specific circumstances some individuals are immune from liability for defamation of character even if the statements were made with malice. Which individual or circumstance is not immune from liability?

Legislator during a political campaign

What’s the summary oral statements made at the conclusion of a litigation by the attorneys for the parties?

The Closing Arguments

A threat of an unwanted sexual touching would be classified as the tort of what?

Assault

When someone becomes famous they lost their right of _____.

Privacy

If a coach leaves him coaching contract to go to a different university because of there is a bigger salary the new university may be liable for the tort of __________.

Interference of contractual relations

If you catch someone throwing trash onto your property you may sue for ________ to your land.

Trespass

Hailey Chacona

Kendra Michael

Chapter 6 Review

A failure to respond at all to an offer can be constructed as an acceptance.

False

If a person finds and returns a watch for which a reward if offered, but does not know of the reward offer, the person is still entitled to the reward

False

True and False

which of the following is not one of the major requirements for a contract?

A. Offer and accommodation

C capacity

B. Genuine Assent

D. Consideration

Multiple Choice

An unaccepted offer may be terminated by

A. Counter Offer

B. A reasonable length of time

C. Rejection of the offeree

D. All of theses

Multiple Choice

A contract in which performance alone is acceptance is terminated a(n)

A. Unilateral Contract

B. Bilateral Contract

C. Multilateral Contract

D. None of these

Multiple Choice

When the price is not specified in contracts between merchants for the sale of goods,

A. The current market price is used

B. The highest market price is used

C. The lowest market price is used

D. The contract is null and void

Multiple Choice

Advertisements in news papers, radio, television, and direct mailings are considered to be

A. Valid offers

B. Contracts

C. Invitations to negotiate

D. None of the above

Multiple choice

The uniform Commercial Code makes firm offers binding for stated period of time in the offer, but not to exceed

A. Thirty days

B. Three months

C. Six months

D. One year

Multiple Choice

The withdrawal of an offer before it is accepted is known as a(n)

A. Revocation

B. Rejection

C. Counter offer

D. Termination

Multiple Choice

Generally when nothing is said in the offer about how long it will remain open it when end after

A. A reasonable length of time

B. the offeror revokes it

C. The offeree rejects it

D. None of the above

Multiple choice

If an offeree alters a term in the original offer and sends it back to the original offeror, the result is an

A. Option

B. Counter Offer

C. Contract

D. None of the above

Multiple Choice

To be legally enforceable as a contract, the agreement must involve both sides receiving something of legal value as a result of the transaction. This something of value is labeled _______________.

Consideration

Fill in the blanks

Individuals who regularly deal in the goods, or tangible personal property, being bough or sold are labeled _____________.

Merchants

Fill in the blanks

After an offer is rejected, unless renewed by the original , the offeree can no longer accept the original offer.

Offeror

Fill in the Blanks

When the specific subject matter of an offer is destroyed before the offer can be accepted, the offer is automatically___________.

Terminated.

Fill in the blanks

By Josh and Chaz

CHAPTER 7: GENIUSES OF ASSENT

A CONTRACT THAT LACKS GENUINE ASSENT IS VOIDABLE?

(TRUE OR FALSE)

• The answer to this question is true.

• It is true because you need the genuine assent between two parties which would be mutual true and complete agreement between them.

COMMITTING AN ACT OF VIOLENCE TO GET A SIGNATURE IS DURESS?

(TRUE OR FALSE)

• The answer to this Question is True

• The definition of Duress is using the threat or an act of violence (assault) to obtain a signature or anything of Legal Value.

IS WRONGFUL DOMINATION UNDUE INFLUENCE?

(TRUE OR FALSE)

• The Answer is True

• Undue influence is being in a position of trust (Doctor, Mechanic, Police Officer etc.) and wrongfully dominating a person. (An example would be a doctor telling you lying and telling that you have to buy a medication.)

YOU WILL NOT BE BOUND TO A CONTRACT THAT YOU HAVE NOT READ EVEN IF YOU SIGNED IT?

(TRUE OR FALSE)

• The answer is false.

• So long as you genuinely sign the contract you will be bound to it even if you have not read it, because you had genuine assent.

ACTIVE CONCEALMENT LEAVES A CONTRACT VALID?

(TRUE OR FALSE)

• The answer is False.

• It is false because the person committing active concealment is considered to be committing fraud as well, and fraud renders a contract void.

A CONTRACT IS ONLY RATIFIED IF MADE ORALLY OR IN WRITING?

(TRUE OR FALSE)

• The answer is False

• The answer is false because contracts are only enforceable if in writing and are made with genuine assent.

WHAT IS GENUINE ASSENT?

• True and complete agreement by both parties. Duress, Undue Influence, and Fraud would render a contract void with genuine assent.

WHAT IS LEGAL DURESS?

• Threats of violent actions or suiting for ridiculous reasons.

WHAT HAPPENS WHEN BOTH PARTIES ARE MISTAKEN ABOUT A CONTRACT?

• It is considered a Bilateral or mutual mistake of contract and therefore, the contract may be voidable.

WHAT ARE REMEDIES TO AN INJURED PARTY IN A CASE OF FRAUD?

• Rescission, compensatory damages and punitive damages are all available.

WHAT IS AN EXAMPLE OF A STATEMENT THAT IF UNTRUE COULD LEAD TO A MISREPRESENTATION LAWSUIT?

• The engine only has 20,000 miles on it.

• The tires were replaced last month

• The foundation on the house has never needed repair

WHAT ARE PUNITIVE DAMAGES?

• Punitive damages are meant to punish a guilty party for an offense.

WHAT IS REASONABLE RELIANCE?

• It is reasonably relying on a person/party to provide a service or good.

WHAT IS A UNILATERAL MISTAKE?

• A unilateral mistake is when you are mistaken/ignorant about the content/accords in a contract and you agreed to it.