a substitute 3rd party to take your place in a contract.

what happens when quantity is missing from a contract?

there is not contract if quantity is missing.

the supreme courts decision on whether or not to take a case

District (Trial Courts)-> Appellate Courts-> Supreme Court

designed to punish breaching party

a civil wrong doing committed by one party that caused harm.

Statute of Frauds applies to which of the following;

I am offering to pay off all of Jordan's student loans! <3

circuit courts, court of appeals, supreme

damages that are written within the contract beforehand

Merchants cannot revoke their offer for

a stated period of time OR up to 3 months

can u appeal an arbitrator's decision??

no unless there is an illegal component.

Implied Warranty of Fitness For a Particular Purpose

depending on one and their specific knowledge of the product

valid K but someone has an opportunity to make it void

what happens when price is missing from a contract?

the price is determined by the court at a reasonable price

mistake is made by both of the contracting parties

at least 1 major problem with the contract

4 elements of a contract

agreement, capacity, consideration, legality

implied warranty of merchantability

a warranty that the product is fit for its ordinary use

Intermediate level scrutiny

gender, birth status, commercial speech

12 week leave within a 12 month period

both parties fail 2 complete the contract so it is cancelled

Statute of Frauds applies to which of the following;

a contract with MSU - Glass Hall for renovation of 4yrs

Duty to care, Breach of duty, causation, damages

studbud

law

52 termsStudBud Administration27 plays

a very complex quiz on the essential elements of LAW 231 - Jana Ault-Phillips!

Flashcards52 cardsFPractice quizPHost liveL

Questions 52

Answers

1
Unilateral mistakes
neither
made only by 1 party
doesnt give the bad party any right 2 relief from a contract
both #1 & #3
2
what does the UCC apply to?
real estate and property
sale of goods
only services
goods and services
3
rational basis consists of :
social and economic welfare
race, fundamental human rights (voting, marriage, etc.)
GBC
gender, birth status, commercial speech
4
that girl is a real
carl diester
what does this have to do w/ law
tortfeasor
crowd pleaser
5
FCPA was created to prevent foreign officials from bringing the US companies
-
-
true
false
6
Novation
neither party performs so they forget about the contract
a substitute 3rd party to take your place in a contract.
a material breach in a contract
when a contract is saying it must be legal
7
what happens when quantity is missing from a contract?
whatever the seller is asking for and the buyer wants
there is not contract if quantity is missing.
they have to mutually agree on a quantity
the quantity is determined by the court as reasonable
8
writ of certiorari
the supreme courts decision on whether or not to take a case
arbitrator's decision in a settlement
a written response of an appeal
says a contract has to be in writing
9
federal court system
Circuit Courts, Appellate Courts, Supreme Court
Appellate Courts-> District-> Supreme Court
Municipal Court->Circuit Court->Court of Appeals
District (Trial Courts)-> Appellate Courts-> Supreme Court
10
Punitive Damages
damages resulting from specific performance
Only $50 before the contract begins
damages decided beforehand within a contract
designed to punish breaching party
11
ADA requires the employers to make;
both #1 & #2
accommodations without undue hardship
reasonable accommodations
no changes at all for employees
12
what is a tort
a civil wrong doing committed by one party that caused harm.
impacts employees disclosures
ideas, formulas or customer lists
an animal
13
Statute of Frauds applies to which of the following;
Blaise buys Kim's farm when he's schwasted.
I'm trading shifts with Hunter at work!!!
I am selling Toni my CIS 201 book for $350!!
I am offering to pay off all of Jordan's student loans! <3
14
Missouri Courts
circuit courts, court of appeals, supreme
circuit, district, appellate
trial, appellate, supreme
district, circuit, supreme
15
liquidated damages
neither party has fully performed - cancelled contract
designed to harm the party who breaches
when a party fails to complete the contract
damages that are written within the contract beforehand
16
Merchants cannot revoke their offer for
they have to wait for an acceptance or denial
a stated period of time OR up to 3 months
3 months
merchants CANNOT revoke their offer
17
A π's recovery for harm or interference w/ enjoyment of π's land is based on the theory of
CERCLA
negligence
nuisance
strict liability
18
can u appeal an arbitrator's decision??
no, never.
no unless there is an illegal component.
yes but only if it involves a family member.
yes, under any circumstances!
19
Implied Warranty of Fitness For a Particular Purpose
expressed warranty, money back
items are expected to be good as the average thing
depending on one and their specific knowledge of the product
a warranty of 2 years for a specific product
20
disparate impact cases
mixed motives
unintentional discrimination
intentional discrimination
sexual harassment by a employee
21
suing for negligence, one must prove;
injury was foreseeable
causation in fact & proximate cause
all of the above
a duty to care
22
employer's defenses to discrimination cases
ADA
both #1 and #3
business necessity test
BFOQ
23
Voidable Contracts
valid contract
unenforceable
illegal contract
valid K but someone has an opportunity to make it void
24
how big is blaise's penis?
similar to my big toe
0'
he has a vagina???
3 feet???
25
disparate treatment
mixed motives
depends
intentional
unintentional
26
in a contract, an offer is looked at through :
polygraph point of view
objective point of view
substantial point of view
subjective point of view
27
Requires public companies to create systems to report suspicious or illegal activities.
categorical imperative
Sarbanes-Oxley
administrative agencies
Kantian ethics
28
Under the ADEA, employers are prohibited to discriminate employees on their age basis of:
55
65
60
40
29
which type of employer CAN enforce a lie-detector (polygraph) test?
neither, that's illegal
both!
public
private
30
what happens when price is missing from a contract?
the price does not matter in a contract
the price is what the seller is asking for
the contract is void.
the price is determined by the court at a reasonable price
31
the duration of protection granted by a copyright
author's life + 70 years
unlimited
20 years from date against application
14 years
32
a company that strives to act as ethically as possible
utilititty
moral minimum theory
profit-maximizing theory
principles-based approach
33
Bilateral mistakes
mistake is made by one breaching party
mistake is made by both of the contracting parties
mistake is made by the offeror
no mistakes were made essentially
34
elements of a crime
mens reus - actus reus
minus reus, addition reus
mental reus, actual reus
mens reus, action reus
35
criminal case
preponderance of the evidence
beyond a preponderance of the evidence
beyond a reasonable doubt
preponderance of the doubt
36
which type of employer CAN drug test??
public
both #1 & #2
private
neither
37
Void contract
at least 1 major problem with the contract
minor problems
nothing wrong w/ the contract
enforceable
38
4 elements of a contract
agreement, capacity, consideration, legality
capacity, consideration, legality, acceptance
agreement, consideration, complexity, legality
acceptance, consideration, complexity, legislation
39
Sansa falls in Walmart-She sues for $80,000. She is found 80% at fault. Contributory negligence
$16,000
$24,000
$64,000
$0
40
sum1 steals ur credit; charges $1,000 on the 1st day. 2nd day: u report it. how much is ur fee
$1,000
$1,000 + $50 charge
$0
$50
41
implied warranty of merchantability
a way out of a warranty with a merchant
a warranty that the product is fit for its ordinary use
a warranty for 30 days after purchase
a warranty that the seller should have specific knowledge
42
CERCLA
ADA
DERP
Superfund
FCPA
43
stare decisis is the principle of what action?
mens reus
anus
precedent
actus reus
44
wat does Congress use to authorize administrative agencies to make policy & regulate industries
common law rules
statutory law
enabling statutes
administrative rules
45
Intermediate level scrutiny
regulates interstate commerce
regulates intrastate commerce
race, color, religion
gender, birth status, commercial speech
46
FMLA
2 week leave in a year
12 week leave within a 12 month period
4 week leave within a 12 month period
12 weeks in a year
47
Recission
rational basis theory
a minor enters a contract so it's void
complete performance of a contract
both parties fail 2 complete the contract so it is cancelled
48
Statute of Frauds applies to which of the following;
a contract with MSU - Glass Hall for renovation of 4yrs
car serviced for $1,225
contract for Hill Hall renovation for 8 months
sale of a gucci coat for $450
49
what happens when delivery is missing from a contract
at the seller's home
at a public place
the buyer's home
at seller's place of business
50
mathematical formula to decide how ethical decisions affect individuals.
kantian approach
utilitarianism
principles-based approach
universalism
51
Aspects of Torts
duty to care, no breach, damages occurred.
Duty to care, Breach of duty, causation, damages
damages, breach of a duty to care, negligence
No duty to care, causation of injury, damages
52
arbitrator
presiding officer to adjudicate disputes in quasi-judicial
an administrative agency
makes the final decision in regarding a settlement
doesn't make the final decision but advises them

law Flashcards | StudBud

law

52 termsStudBud Administration27 plays

a very complex quiz on the essential elements of LAW 231 - Jana Ault-Phillips!

Flashcards52 cardsFPractice quizPHost liveL

Questions 52

Answers

1
Unilateral mistakes
neither
made only by 1 party
doesnt give the bad party any right 2 relief from a contract
both #1 & #3
2
what does the UCC apply to?
real estate and property
sale of goods
only services
goods and services
3
rational basis consists of :
social and economic welfare
race, fundamental human rights (voting, marriage, etc.)
GBC
gender, birth status, commercial speech
4
that girl is a real
carl diester
what does this have to do w/ law
tortfeasor
crowd pleaser
5
FCPA was created to prevent foreign officials from bringing the US companies
-
-
true
false
6
Novation
neither party performs so they forget about the contract
a substitute 3rd party to take your place in a contract.
a material breach in a contract
when a contract is saying it must be legal
7
what happens when quantity is missing from a contract?
whatever the seller is asking for and the buyer wants
there is not contract if quantity is missing.
they have to mutually agree on a quantity
the quantity is determined by the court as reasonable
8
writ of certiorari
the supreme courts decision on whether or not to take a case
arbitrator's decision in a settlement
a written response of an appeal
says a contract has to be in writing
9
federal court system
Circuit Courts, Appellate Courts, Supreme Court
Appellate Courts-> District-> Supreme Court
Municipal Court->Circuit Court->Court of Appeals
District (Trial Courts)-> Appellate Courts-> Supreme Court
10
Punitive Damages
damages resulting from specific performance
Only $50 before the contract begins
damages decided beforehand within a contract
designed to punish breaching party
11
ADA requires the employers to make;
both #1 & #2
accommodations without undue hardship
reasonable accommodations
no changes at all for employees
12
what is a tort
a civil wrong doing committed by one party that caused harm.
impacts employees disclosures
ideas, formulas or customer lists
an animal
13
Statute of Frauds applies to which of the following;
Blaise buys Kim's farm when he's schwasted.
I'm trading shifts with Hunter at work!!!
I am selling Toni my CIS 201 book for $350!!
I am offering to pay off all of Jordan's student loans! <3
14
Missouri Courts
circuit courts, court of appeals, supreme
circuit, district, appellate
trial, appellate, supreme
district, circuit, supreme
15
liquidated damages
neither party has fully performed - cancelled contract
designed to harm the party who breaches
when a party fails to complete the contract
damages that are written within the contract beforehand
16
Merchants cannot revoke their offer for
they have to wait for an acceptance or denial
a stated period of time OR up to 3 months
3 months
merchants CANNOT revoke their offer
17
A π's recovery for harm or interference w/ enjoyment of π's land is based on the theory of
CERCLA
negligence
nuisance
strict liability
18
can u appeal an arbitrator's decision??
no, never.
no unless there is an illegal component.
yes but only if it involves a family member.
yes, under any circumstances!
19
Implied Warranty of Fitness For a Particular Purpose
expressed warranty, money back
items are expected to be good as the average thing
depending on one and their specific knowledge of the product
a warranty of 2 years for a specific product
20
disparate impact cases
mixed motives
unintentional discrimination
intentional discrimination
sexual harassment by a employee
21
suing for negligence, one must prove;
injury was foreseeable
causation in fact & proximate cause
all of the above
a duty to care
22
employer's defenses to discrimination cases
ADA
both #1 and #3
business necessity test
BFOQ
23
Voidable Contracts
valid contract
unenforceable
illegal contract
valid K but someone has an opportunity to make it void
24
how big is blaise's penis?
similar to my big toe
0'
he has a vagina???
3 feet???
25
disparate treatment
mixed motives
depends
intentional
unintentional
26
in a contract, an offer is looked at through :
polygraph point of view
objective point of view
substantial point of view
subjective point of view
27
Requires public companies to create systems to report suspicious or illegal activities.
categorical imperative
Sarbanes-Oxley
administrative agencies
Kantian ethics
28
Under the ADEA, employers are prohibited to discriminate employees on their age basis of:
55
65
60
40
29
which type of employer CAN enforce a lie-detector (polygraph) test?
neither, that's illegal
both!
public
private
30
what happens when price is missing from a contract?
the price does not matter in a contract
the price is what the seller is asking for
the contract is void.
the price is determined by the court at a reasonable price
31
the duration of protection granted by a copyright
author's life + 70 years
unlimited
20 years from date against application
14 years
32
a company that strives to act as ethically as possible
utilititty
moral minimum theory
profit-maximizing theory
principles-based approach
33
Bilateral mistakes
mistake is made by one breaching party
mistake is made by both of the contracting parties
mistake is made by the offeror
no mistakes were made essentially
34
elements of a crime
mens reus - actus reus
minus reus, addition reus
mental reus, actual reus
mens reus, action reus
35
criminal case
preponderance of the evidence
beyond a preponderance of the evidence
beyond a reasonable doubt
preponderance of the doubt
36
which type of employer CAN drug test??
public
both #1 & #2
private
neither
37
Void contract
at least 1 major problem with the contract
minor problems
nothing wrong w/ the contract
enforceable
38
4 elements of a contract
agreement, capacity, consideration, legality
capacity, consideration, legality, acceptance
agreement, consideration, complexity, legality
acceptance, consideration, complexity, legislation
39
Sansa falls in Walmart-She sues for $80,000. She is found 80% at fault. Contributory negligence
$16,000
$24,000
$64,000
$0
40
sum1 steals ur credit; charges $1,000 on the 1st day. 2nd day: u report it. how much is ur fee
$1,000
$1,000 + $50 charge
$0
$50
41
implied warranty of merchantability
a way out of a warranty with a merchant
a warranty that the product is fit for its ordinary use
a warranty for 30 days after purchase
a warranty that the seller should have specific knowledge
42
CERCLA
ADA
DERP
Superfund
FCPA
43
stare decisis is the principle of what action?
mens reus
anus
precedent
actus reus
44
wat does Congress use to authorize administrative agencies to make policy & regulate industries
common law rules
statutory law
enabling statutes
administrative rules
45
Intermediate level scrutiny
regulates interstate commerce
regulates intrastate commerce
race, color, religion
gender, birth status, commercial speech
46
FMLA
2 week leave in a year
12 week leave within a 12 month period
4 week leave within a 12 month period
12 weeks in a year
47
Recission
rational basis theory
a minor enters a contract so it's void
complete performance of a contract
both parties fail 2 complete the contract so it is cancelled
48
Statute of Frauds applies to which of the following;
a contract with MSU - Glass Hall for renovation of 4yrs
car serviced for $1,225
contract for Hill Hall renovation for 8 months
sale of a gucci coat for $450
49
what happens when delivery is missing from a contract
at the seller's home
at a public place
the buyer's home
at seller's place of business
50
mathematical formula to decide how ethical decisions affect individuals.
kantian approach
utilitarianism
principles-based approach
universalism
51
Aspects of Torts
duty to care, no breach, damages occurred.
Duty to care, Breach of duty, causation, damages
damages, breach of a duty to care, negligence
No duty to care, causation of injury, damages
52
arbitrator
presiding officer to adjudicate disputes in quasi-judicial
an administrative agency
makes the final decision in regarding a settlement
doesn't make the final decision but advises them