Sample/practice exam February 8 2021, questions PDF

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BLAW Homework 1 1. Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees’ student loans. The process by which the court decides this issue is a. Judicial review b. Voir dire c. Unconstitutional d. The rule of four 2. Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for a. No court to exercise jurisdiction b. A federal court to exercise jurisdiction c. Any court to exercise jurisdiction d. The united states supreme court to refuse jurisdiction 3. State trial courts that are called county, district, superior, or circuit courts are most likely to have a. Appellate jurisdiction b. General jurisdiction c. Limited jurisdiction d. No jurisdiction 4. The jurisdiction of the federal courts is limited because a. A federal government has limited powers b. Congress sets the jurisdiction of all courts c. The territory of the United States is limited d. The states can exercise their authority under long arm statues 5. Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is a. Arbitration b. Mediation c. Negotiation d. None of the choices 6. Bo admires Cid’s collection of coins. Bo asks “Will you sell it?” This statement is a. An offer b. Not an offer, because it is an invitation to negotiate c. Not an offer, because it is an expression of intent d. Not an offer, because it is a request 7. Lon says to Misty, “I would like to sell you my sofa.” This statement is a. An offer b. An invitation to negotiate, not an offer c. An ad, not an offer d. A request, not an offer 8. Pastries Inc. sends Rollo its catalogue showcasing a variety of baked goods for certain prices. This is a. An offer

b. An invitation to negotiate, not an offer c. An ad, not an offer d. A request, not an offer 9. Olen decides to sell his ranch, Pine Valley, in a live auction. When the auctioneer puts the property up for bids, it will be a. An offer b. An invitation to submit offers, not an offer itself c. A statement of future intent, not an offer d. A price list, not an offer 10. Glen offers to sell Helen his iPad for $200. Under the mirror image rule, Helen’s response will be considered an acceptance if the terms of the acceptance a. Exactly match those of the offer b. Change the items offered, but do not change the price c. Change the price, but do not change the items offered d. Change both the price and the items offered 11. Simone offers Tom a dozen guitar lessons for a certain price per lesson but conditions the deal on Tom accepting the offer by April 1. Simone may revoke the offer a. Before Tom accepts it b. Before April 1, whether or not Tom has accepted it c. Only after Tom accepts it d. Only after April 1 12. Fabien offers to sell his Graphic Signs LLC business to Hanna for $100,000. Hanna replies, “The price is too high. I will buy it for $75,000.” Hanna has a. Accepted the offer b. Made a counteroffer without rejecting the offer c. Rejected the offer and made a counteroffer d. Rejected the offer without making a counteroffer 13. Fritz offers to buy a guitar owned by Holle for twice what she paid for it. She accepts and hands the guitar to Fritz. Holle’s delivery of the guitar is a. Not consideration because its adequacy is unfair b. Not consideration because the exchange is not a bargain c. Consideration d. Not consideration because the value is not legally sufficient 14. Sports Bar and Tasty Tacos are adjacent businesses with adjoining parking lots. Sports Bar offers Tasty a discount on purchases if the restaurant will not tow the cars of Sports Bar’s patrons who park in the restaurant’s lot. The discount is legally sufficient consideration a. Because it is a promise of something of value b. Because on acceptance, it will become a preexisting duty c. Because the offeror considers it to be adequate d. Under no circumstances 15. EcoEngery LLC files a suit against Fiber Optics Inc., claiming that the consideration for their contract is inadequate-that the plaintiff will not realize sufficient financial benefit from the deal to make it worthwhile. Most likely, the court will a. Evaluate the fairness of the bargain b. Ask “how much” consideration was given

c. Not question the adequacy of consideration d. Not determine whether consideration was exchanged 16. Ann’s Sandwich Shop and Bob’s Coffee Bar are adjacent businesses. Ann, whose small shop has little room for her customers to sit, offers Bob a discount on purchases if he will allow her customers to sit at the tables on the sidewalk in front of his store. Bob’s forbearance from asking Ann’s customers not to use his tables is legally sufficient consideration a. Because Bob has a legal right to restrict the use of his tables b. Because Ann’s customers will undoubtedly use Bob’s tables c. Because Ann’s small shop has little room for her customers to sit d. Under no circumstances 17. Holes Inc. begins digging foundation at a construction site for Investment Company under a contract for a certain price. After six months, Holes demands a higher price because of extraordinary difficulties that were totally unforeseen at the time the contract was formed. An agreement to pay the higher price is a. Enforceable as the consideration is past b. Enforceable due to unforeseen difficulties c. Unenforceable as an illusory promise d. Unenforceable due to the preexisting duty rule 18. National Trucking Company begins transporting crude for Oil Inc. under a contract for a stated amount per load. After six months, National demands an increase in the stated amount because ordinary business expenses have increased. Oil’s agreement to pay the increased amount is a. Enforceable as the consideration is past b. Enforceable due to unforeseen difficulties c. Unenforceable as an illusory promise d. Unenforceable due to the preexisting duty rule 19. App’s Inc. promises to give stock options to Belden, a creative coder, for processes he has already designed. This promise is a. Enforceable because it is a new contract b. Enforceable because it is an illusory promise c. Enforceable because it is supported by past consideration d. Unenforceable 20. Cloud Storage Inc. promises to pay its employees a year-end bonus “if profits continue to be high and management agrees at that time.” This is a. An enforceable contract b. An illusory promise c. Accord and satisfaction d. Past consideration 21. At an auction, Ben bids on a 1957 Chevy coupe, believing that is it worth more than the price asked. When the car proves to need more repairs than Ben estimated, and thus is worth less as is, Ben is a. Still liable on the bid b. Not liable on the bid because he underestimated the cost of repairs c. Not liable on the bid because the auctioneer misrepresented the value d. Not liable on the bid because the need for repair is not a material fact

22. In selling a 300-acre tract to Organic Farm, Peyton tells the buyer that the land “will be worth twice as much by next year.” This statement is not likely to support rescission of the contract because it is a. A material fact b. A misrepresentation c. A mistake d. An opinion 23. Car Lot’s salesperson Dirk offers to sell Espy, who is twenty years old, a car. Dirk intentionally misrepresents the vehicle’s use and repairs. In reliance, Espy buys the car. To prove fraud, Espy does not have to show that a. Dirk intentionally deceived Espy b. Dirk misrepresented material facts c. Espy is under twenty-one d. Espy justifiably relied on Dirk’s misrepresentation 24. Analytics LLC processes misinterpreted data furnished by Botch Services to propose a marketing plan for Clientele Inc. Analytics and Clientele are both ignorant of the mistaken data. Their contract can be rescinded on the basis of a. A bilateral mistake b. A mistake of quality c. A unilateral mistake d. None of the choices 25. Katsky’s Inc. had 3 great years in a row and decided to show its support for Karen Hom, the employee who had been with Katsky’s the longest, by offering to pay her a stipulated monthly amount after her retirement. Katsky’s also told Karen she could retire whenever she chose. Relying on this promise, Karen elected to retire immediately. For the next 10 years, the promised sum was paid each month. After a change in the company ownership, however, the monthly payment was reduced. On what basis might Karen enforce Katsky’s promise? a. Past consideration b. Promissory estoppel c. Good consideration d. Pre-existing legal duty...