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socrateaser
socrateaser, Attorney
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Experience:  Retired (mostly)
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Question 1 1 points Save An "assignment of all rights"

Resolved Question:

Question 1 1 points Save
An "assignment of all rights" absolves the assignor of all liability under the contract that created the rights.
Question 1 answers
True
False

Question 2 text Question 2 1 points Save
On a contract breach, the nonbreaching party's only option is to refuse to perform.
Question 2 answers
True
False

Question 3 text Question 3 1 points Save
A delegation relieves the party making it of the obligation to perform.
Question 3 answers
True
False

Question 4 text Question 4 1 points Save
A contract can prevent the assignment of the right to receive funds.
Question 4 answers
True
False

Question 5 text Question 5 2 points Save
Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to
Question 5 answers
a U.S. district court.
the Minnesota Supreme Court.
the United States Supreme Court.
the U.S. Court of Appeals for the Eighth Circuit.

Question 6 text Question 6 2 points Save
Molly files a suit against Naomi. They meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is
QuestionXXXXXordered arbitration.
early neutral case evaluation.
a mini-trial.
a summary jury trial.

Question 7 text Question 7 2 points Save
National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration. The arbitrator's decision is called
Question 7 answers
a conclusion of law.
a finding of fact.
an award.
a verdict.

Question 8 text Question 8 2 points Save
Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include
Question 8 answers
an explanation to refute any defense the defendant might assert.
a motion for summary judgment.
a motion to dismiss.
a statement of the facts necessary to show Ula is entitled to relief.

Question 9 text Question 9 2 points Save
Fact Pattern 3-1
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.

Refer to Fact Pattern 3-1. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because
Question 9 answers
the case will be heard by a mini-jury.
the dispute will eventually go to trial.
the process is not adversarial.
the resolution of the dispute will be decided an expert.

Question 10 text Question 10 2 points Save
George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is
Question 10 answers
assumption of risk.
negligence per se.
res ipsa loquitur.
strict liability.

Question 11 text Question 11 2 points Save
Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of
Question 11 answers
cyber torts.
intentional torts.
product liability.
unintentional torts.

Question 12 text Question 12 2 points Save
Caleb is driving a car in which Dotty is a passenger when an accident occurs. Caleb and Dotty are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dotty on a negligence theory because
Question 12 answers
both parties were emotionally rattled.
Caleb did not apparently intend to cause an accident.
Dotty must have been comparatively negligent.
Dotty was not injured.

Question 13 text Question 13 2 points Save
Jaqy distributes a handbill among her neighbors accusing one of them¾Ked¾of being a convicted sex offender. The statement is defamatory only if
Question 13 answers
a neighbor repeats it.
Ked suffers emotional distress.
the statement is true.
the statement is false.

Question 14 text Question 14 2 points Save
Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to
Question 14 answers
all those who were injured.
only those who were uninsured.
only those whose injuries could have been reasonably foreseen.
only those whose vehicles were closest to Ralph's van.

Question 15 text Question 15 2 points Save
Based on our discussion of this topic in clase, please describe the essence of the meaning of the term fraudulent misrepresentation in one word. (One word only. No credit will be given for answers exceeding one word.)
Submitted: 4 years ago.
Category: Business Law
Expert:  socrateaser replied 4 years ago.

Question 1 answers
False

Question 2 answers

False

Question 3 answers

False

Question 4 answers
True

Question 5 answers

the Minnesota Supreme Court.

Question 6 answers
early neutral case evaluation.

Question 7 answers
an award.

Question 8 answers.
a statement of the facts necessary to show Ula is entitled to relief.

Question 9 answers
the process is not adversarial.


Question 10 answers

res ipsa loquitur.

Question 11 answers
product liability.

Question 12 answers

Dotty was not injured.

Question 13 answers

the statement is false.

Question 14 answers

only those whose injuries could have been reasonably foreseen.

Question 15 text Question 15 2 points Save
Based on our discussion of this topic in clase, please describe the essence of the meaning of the term fraudulent misrepresentation in one word. (One word only. No credit will be given for answers exceeding one word.)

 

Scienter.

 

Hope this helps.

 

 

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