Question 1

Which of the following statements is true of the sale of services?
A) It is covered by the Article 5 of the Uniform Commercial Code.
B) It is governed by precedents established by case law.
C) It is covered by the Article 2 of the Uniform Commercial Code.
D) It is governed by the Thirteenth Amendment.

Accepted Answer

The sale of services is governed by precedents established by case law, as the Uniform Commercial Code primarily deals with the sale of goods, not services.

Question 2

_____ damages are monetary payments that a party who breached a contract is ordered to pay in order to make up for the actual harm suffered by the injured party due to the breach of contract.
A) Compensatory
B) Nominal
C) Punitive
D) Specific

Accepted Answer

Compensatory damages are awarded to compensate the non-breaching party for the actual loss suffered as a result of the breach of contract. Nominal damages are a small amount of damages awarded to signify that a legal wrong has occurred, but no actual harm was suffered. Punitive damages are awarded to punish the breaching party for particularly egregious conduct. Specific damages are a type of compensatory damages that are awarded to cover specific monetary losses that were foreseeable at the time the contract was formed.

Question 3

Which of the following statements is true of a civil law court?
A) It hears cases involving robbery or theft.
B) It hears cases involving slander and libel.
C) It hears cases associated with embezzlement and identity theft.
D) It hears cases related to murder and arson. A contract in which the terms are explicitly spelled out either orally or in

Accepted Answer

A civil law court handles disputes between private parties, such as individuals or companies. Slander and libel are examples of civil disputes where one party harms another's reputation through spoken or written statements.

Question 4

Case law, also known as common law, refers to laws that arise from:
A) court decisions.
B) rulings by regulatory agencies.
C) legislative action.
D) executive orders.

Accepted Answer

Case law or common law is based on previous court decisions and becomes binding on future cases with similar issues. It is distinct from legislative action, which is the creation of laws by the legislative body, and executive orders, which are orders issued by the executive branch of government. Rulings by regulatory agencies are also not considered case law, as they are specific to the agency's area of jurisdiction and do not set precedent for other areas of law.

Question 5

Mutual assent refers to:
A) an offer freely given by one party and freely accepted by the other party.
B) one party offering something of value to the other party.
C) both parties disputing the need for a court settlement.
D) both parties having the legal capacity to enter into a contract.

Accepted Answer

Mutual assent refers to both parties freely giving and accepting an offer, indicating a meeting of the minds and an agreement to enter into a contract. The other options do not fully capture the concept of mutual assent.

Question 6

A comparison of the standard of proof needed to win civil cases and criminal cases suggests that:
A) the standard of proof is the same for both types of cases­the case must be proven beyond a reasonable doubt.
B) the burden of proof is lower in civil cases than it is in criminal cases.
C) the burden of proof is more stringent in civil cases than it is in criminal cases.
D) the burden of proof varies in civil cases depending on the type of case and the circumstances, so that it may be either much more stringent or much less stringent than the burden in criminal cases.

Accepted Answer

The burden of proof is lower in civil cases than it is in criminal cases. In civil cases, the plaintiff only needs to prove their case by a preponderance of the evidence (meaning it is more likely than not that their claim is true), whereas in criminal cases, the prosecutor must prove their case beyond a reasonable doubt.

Question 7

Which of the following specifies the time period in which a lawsuit must be initiated?
A) The specific performance rule
B) The UCC
C) The court calendar
D) The statute of limitations

Accepted Answer

The statute of limitations specifies the time period in which a lawsuit must be initiated.

Question 8

The sale of a good is a transaction in which _____ passes from one party to another in exchange for a price.
A) the title to the good
B) the physical possession of the good merely
C) a royalty fee
D) risk of loss exclusively

Accepted Answer

In a sale of a good, not only does the physical possession of the good pass from one party to another, but also the title to the good. This means that the buyer becomes the legal owner of the good and has the right to use and dispose of it as they wish. In exchange for this transfer of ownership, the buyer pays a price to the seller. Therefore, option A is the correct choice. Neither option B, C, nor D covers the complete picture of a sale of a good.

Question 9

The courts do not require specific performance in cases that require personal services, because making someone work personally for another individual could be interpreted as involuntary servitude, which is prohibited by the _____.
A) Uniform Commercial Code
B) Thirteenth Amendment to the U.S. Constitution
C) statute of limitations
D) Miranda ruling

Accepted Answer

The Thirteenth Amendment to the U.S. Constitution prohibits involuntary servitude or slavery, which is why the courts do not require specific performance in cases that require personal services. The Uniform Commercial Code deals with sales contracts, while the statute of limitations refers to the time limit for filing a lawsuit. The Miranda ruling relates to the rights of criminal suspects during police interrogations.

Question 10

James, a football player, signs a three­year contract with a team. However, he simultaneously also signs another agreement with a second team that offers him more money. In this scenario, the first team can obtain a court order than prevents James from playing for any other team. This court order is referred to as a(n) _____.
A) provisional remedy
B) injunction
C) specific performance
D) nonequitable remedy

Accepted Answer

The court order obtained by the first team is an injunction, which is a legal remedy that prohibits a person or entity from engaging in a particular action, in this case, playing for another team while under contract with the first team. A provisional remedy is a temporary legal remedy that is provided before a final decision is made in a case. Specific performance is a type of equitable remedy that requires a party to fulfill their contractual obligations. Nonequitable remedies do not involve issues related to fairness, and are typically monetary damages awarded to compensate for losses or harm suffered by a party.

Question 11

A(n) _____ is a private wrong that results in physical or mental harm to an individual, or damage to that person's property.
A) felony
B) misdemeanor
C) tort
D) indictable offense

Accepted Answer

A tort is a civil wrong that results in harm to an individual's person or property. It is different from a criminal offense, which is a public wrong that is punishable by the government. Felonies and misdemeanors are types of criminal offenses, while an indictable offense is a term used in some jurisdictions to refer to serious crimes that can be tried either summarily or by indictment.

Question 12

writing is known as a(n) _____ contract.
A) implicit
B) tangible
C) express
D) embedded

Accepted Answer

Writing is known as an express contract because the terms of the agreement are explicitly stated in writing, leaving little room for interpretation or misunderstanding. Implicit contracts, on the other hand, are based primarily on implicit understandings and expectations that are not necessarily expressed in writing. Tangible and embedded are not accurate descriptions of contracts.

Question 13

Henry promised to gift Jake $250 for his 25th birthday. However, on Jake's 25th birthday, Henry refuses payment and denies offering any money. If Jake sues henry for specific performance, the court is likely to rule that:
A) Henry lacks the legal capacity to enter into a contract.
B) Jake didn't offer any consideration to Henry and hence the contract cannot be enforced.
C) Jake was a minor at the time of the agreement and hence the contract is void.
D) Henry must fulfill his obligation according to the "mutual assent rule."

Accepted Answer

A contract requires consideration from both parties to be enforceable. Since Jake did not provide any consideration for Henry's promise, the promise is not legally binding.

Question 14

Jim, a 16­year­old, entered into a contract with Ryan. Jim agreed to purchase a motorcycle from Ryan by paying monthly installments of $1,000. Which of the following is likely to be true in this scenario?
A) The contract is invalid as Jim does not have legal capacity to enter into a contract.
B) Jim is required to fulfill the contract, but only when he turns 18.
C) Ryan can demand payment from Jim's guardian as a 16­year­old is allowed to enter into a legal contract.
D) Ryan must wait till Jim turns 21 years old to require fulfillment.

Accepted Answer

Minors under the age of 18 generally do not have legal capacity to enter into a contract, and any contract they do enter into can be voided at their discretion. Therefore, the contract between Jim and Ryan is likely invalid.

Question 15

The _____ requires certain types of contracts be in writing in order to be enforceable, such as contracts that take more than a year to complete or that involve the sale of goods worth $500 or more.
A) statute of frauds
B) statute of liberties
C) statute of authenticity
D) statue of limitations

Accepted Answer

The concept described in the question is known as the "statute of frauds," which is a legal principle requiring certain types of contracts to be in writing in order to be enforceable. The other answer choices are not relevant to this concept.

Question 16

The courts are most likely to apply the remedy of _____ when a contract involves the sale of a unique item that the injured party could not obtain from anyone but the other party to the contract.
A) punitive damages
B) restrictive injunction
C) specific performance
D) nominal damages

Accepted Answer

Specific performance is used when monetary damages for a breach of contract are inadequate, and the injured party asks the court to order the contract's performance. Specific performance is usually granted when the subject matter of the contract is unique or rare, such as a piece of art or real estate property, which cannot be easily replaced.

Question 17

_n_e_g_li_g etonrctes. arise because of careless or irresponsible behavior, known as
A) Indictable
B) Intentional
C) Felony­based
D) Unintentional

Accepted Answer

Negligent or careless behavior is considered unintentional. Therefore, option D is the correct choice.

Question 18

An appellate court ruled that Pluto Inc. must not be allowed to sell its services in the state of Ohio, in a certain manner. The judge arrived at his judgement based on a prior ruling, or precedent. In this scenario, the judge has applied _____.
A) case law
B) statutory law
C) constitutional law
D) administrative law

Accepted Answer

The judge has applied case law, which refers to previous court decisions and precedents that establish legal principles and rules of interpretation. In this case, the judge used a prior ruling to arrive at the judgement regarding Pluto Inc.'s service sales in Ohio. Statutory law is created by legislative bodies and written into statutes, while constitutional law relates to the interpretation and application of the U.S. Constitution. Administrative law pertains to the rules and regulations created by administrative agencies.

Question 19

An appellate court judge ruled that Jim had defaulted in his promise to deliver a particular service and imposed a fine of $1,000. In this scenario, the judge would have based his decision on:
A) precedents established by case law.
B) Article 3 of the statute of frauds.
C) Article 2 of the Uniform Commercial Code.
D) administrative rulings made by the Federal Trade Commission.

Accepted Answer

The judge likely based the decision on precedents established by case law, as this is a common basis for rulings in appellate courts when dealing with breaches of service agreements.

Question 20

A trial for first degree murder is conducted in a criminal court and is considered a _____.
A) negligence
B) felony
C) tort
D) misdemeanor

Accepted Answer

A trial for first degree murder is considered a felony, which is a serious criminal offense punishable by more than one year of imprisonment. Negligence and torts are civil matters, and misdemeanors are less serious criminal offenses punishable by one year or less of imprisonment.

Quiz 19: Online Appendix

Which of the following statements is true of the sale of services?

_____ damages are monetary payments that a party who breached a contract is ordered to pay in order to make up for the actual harm suffered by the injured party due to the breach of contract.

Which of the following statements is true of a civil law court?

Case law, also known as common law, refers to laws that arise from:

Mutual assent refers to:

A comparison of the standard of proof needed to win civil cases and criminal cases suggests that:

Which of the following specifies the time period in which a lawsuit must be initiated?

The sale of a good is a transaction in which _____ passes from one party to another in exchange for a price.

The courts do not require specific performance in cases that require personal services, because making someone work personally for another individual could be interpreted as involuntary servitude, which is prohibited by the _____.

A(n) _____ is a private wrong that results in physical or mental harm to an individual, or damage to that person's property.

writing is known as a(n) _____ contract.

Henry promised to gift Jake $250 for his 25th birthday. However, on Jake's 25th birthday, Henry refuses payment and denies offering any money. If Jake sues henry for specific performance, the court is likely to rule that:

Jim, a 16yearold, entered into a contract with Ryan. Jim agreed to purchase a motorcycle from Ryan by paying monthly installments of $1,000. Which of the following is likely to be true in this scenario?

The _____ requires certain types of contracts be in writing in order to be enforceable, such as contracts that take more than a year to complete or that involve the sale of goods worth $500 or more.

The courts are most likely to apply the remedy of _____ when a contract involves the sale of a unique item that the injured party could not obtain from anyone but the other party to the contract.

_n_e_g_li_g etonrctes. arise because of careless or irresponsible behavior, known as

An appellate court ruled that Pluto Inc. must not be allowed to sell its services in the state of Ohio, in a certain manner. The judge arrived at his judgement based on a prior ruling, or precedent. In this scenario, the judge has applied _____.

An appellate court judge ruled that Jim had defaulted in his promise to deliver a particular service and imposed a fine of $1,000. In this scenario, the judge would have based his decision on:

A trial for first degree murder is conducted in a criminal court and is considered a _____.