1)Which of the following is true?
Because of the commerce clause, states do not have any power to regulate commerce.
In order for the federal government to have power to regulate commerce, that commerce must actually cross state lines.
The states’ police power gives states the power to regulate intrastate and certain interstate business
occurring within their borders.
Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders.
3)Which of the following is not true about international law?
There are multiple sources of international law.
The International Court of Justice has the final and complete authority in all international disputes.
There is no international executive branch to enforce international law.
In many instances, nations are not obligated to follow the international law as set out by international organizations.
4) Which of the following is true regarding contract
A void contract is one where a party has the option to avoid her contractual liability.
A voidable contract is one in which a party may avoid his or her obligation under that contract.
A voidable contract is one that has no legal effect because one of the essential elements is missing.
An executory contract is also unenforceable.
5) B bets C on the outcome of the SuperBowl. Gambling on sports events is illegal in their state. This wagering agreement is
not enforceable unless there is an admission as to its existence
voidable by the losing party
valid if the bet was a fair one with proper “odds”
6)A sues B in a state trial court for negligence. A loses the suit. If A wants to appeal, the most appropriate court in which to file the appeal is
the state appellate court.
the nearest federal district court.
the nearest federal court of appeals.
the United States Supreme Court.
7)The “mailbox rule” says that:
Offers and acceptances must be communicated through the mail in order to be effective.
Offers and acceptances are effective when placed in the mail.
A properly dispatched acceptance is effective when sent even if the offeror never receives it.
A revocation is effective when sent.
8) Tom is a minor who enters into a contract with Diane. All of the following are effective methods for Tom to ratify the contract EXCEPT
expressly ratifying the contract after Tom reaches the age of majority.
failing to disaffirm the contract within a reasonable time after Tom reaches the age of majority.
ratifying the contract before Tom reaches the age of majority.
impliedly ratifying the contract after Tom reaches the age of majority.
9) Which of the following is true regarding contracts?
A contract that is completely performed by all parties is called an executory contract.
A contract that has been completely performed by one party, but not the other, is called an executed contract.
A contract that has been performed by A but not by B is executory as to B and executed as to A.
Which of the following is true about the difference between express and implied warranties?
Express warranties apply to merchants and implied warranties apply to all sellers of goods.
Express warranties apply to merchants and implied warranties apply to nonmerchants.
Express warranties arise from conduct of the parties and implied warranties arise automatically by operation of law.
Implied warranties cannot be disclaimed, but express warranties can be disclaimed.
11) John files a breach of contract suit against Kay, and loses. John appeals, and loses again. The United States Supreme Court is
required to hear the case if John appeals again.
required to hear the case if John lost in a federal court.
required to hear the case if John lost in a state court.
not required to hear the case
12)Stare decisis” is the doctrine of:
Separation of powers so that decisions are not made by a single branch of government.
Following precedent so that legal principles in earlier similar cases are followed in later cases.
Constitutional principles applied when making any decision.
Spending long periods of time looking at facts before making a decision.
13) Which of the following is true about the Uniform Partnership
It is a federal statute which covers all partnerships
It is the statute which set up partnerships as pass-through entities for tax purposes.
It is a model statute which has been enacted by nearly all states as state law governing the formation and operation of partnerships.
It can apply only if there is no other statute or common law principle covering the applicable condition
14) The tort of assault and the tort of battery:
Are two names for the same tort.
Are strict liability torts.
Can occur independently or together.
Require proof of each of the separate elements of negligence