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MGMT390 Midterm Exam StudVer10W1(1)

MGMT390 Midterm Exam StudVer10W1(1) - David Indie Course...

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David Indie Course Number: MGMT390 Instructor: Christopher E. Judge Business Law Office: 510-262-7690 Term: 10/W1 MIDTERM EXAMINATION (November 18, 2010) Name: _________David Indie____________ ____ Please Print This is an open-book examination. Questions 1 through 20 are True/False and worth 1 point each, Questions 21 through 40 are Multiple Choice and also worth one point each. Questions 41 through 50 are short essay (a few sentences) and are worth 3 points each. Your answers are due back to me by midnight, Wednesday, November 24, 2010. Please be sure to put your name on every page of your answer sheets. True/False Indicate whether the sentence or statement is true or false. ___F_1. Jurisprudence deals with defining laws and values. __F__2. Equity courts show how the justice ethic influences positive law. ___T_3. One advantage of computerized legal research is that it permits individually tailored research based on fact patterns. __F__4. Dicta refers to the holding in a case. _ _F _5. In rem jurisdiction is jurisdiction over the person. __F__6. Witnesses are generally called at the appellate level. __F__7. Standing is required for every plaintiff in a civil law suit. _T___8. Subject matter jurisdiction refers to the person. __T__9. To invoke the procedural due process protections, state action must be involved. __F__10.The rational basis test is applied in cases of suspect classifications. ___T_11.Only the government prosecutes criminal defendants. __T__12.Under the exclusionary rule, all illegally obtained evidence must be included in any criminal prosecution. ___T_13.To be valid, a contract must be enforceable by all of the parties to it. 1
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David Indie __F__14.The doctrine of quasi contract is used only when there is an actual contract that covers the area in controversy. __F__15.In the textbook case of Lucy v . Zehmer , the Supreme Court of Appeals of Virginia held that any agreement can be avoided on the basis of intoxication. ___T_16.A contract in which one party retains the exclusive right to cancel at any time is unenforceable. __F__17.Most courts are usually very concerned about the fairness of contracts. __F__18.A contract that exculpates one party for negligence or other wrongdoing will not usually be viewed as unconscionable. __F__19.Under the Statute of Frauds, a contract that is not in writing is void. __T__20.When the terms of a written agreement are clear, and there is no fraud or deceit, the parol evidence rule bars oral evidence that contradicts those terms. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 21. Lana applies for a firefighter’s job with Metro City, which responds with a letter setting an appointment for a medical exam. The letter also states that it is “a conditional employment offer.” Based on the court’s reasoning in the textbook case of Ardito v. City of Providence , this letter is: a. a bilateral contract that Lana accepted by applying for the job.
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MGMT390 Midterm Exam StudVer10W1(1) - David Indie Course...

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